Procedural succession in the civil process: the base and opposed to the replacement of the improper defendant

Human Life is not homogeneous in nature. Quite often each of us overcome any difficulties. To cope with them helps hard work and an iron will. But there are times when a person to solve a particular problem, it is necessary to creep into the court. The authority is a key Agency that provides legal protection. In addition, the court – is a single authority empowered to resolve disputes between individuals. The fact of appeal to the authority is legally significant and justified. Since the submission of the application to the court process begins. Disputes on matters of private activity of natural and legal persons are dealt with in civil proceedings. A procedure of this type has a large number of quite specific points about which know not all. For example, very often in the process a situation arises where implemented procedural succession. In most cases it is confused with the replacement of the inadequate Respondent or even the withdrawal of any subject. However, procedural succession in the civil process – it is a holistic, independent institution that plays a fairly significant role.

What is civil process?

The Trial can be viewed in two angles. On the one hand, it is a limited operation, aimed at finding objective truth in a particular case, on the other – a category of civil procedural law of the Russian Federation. But what exactly is this phenomenon? Civil process – activity regulated by norms of the same name of the legal industry, focused on the consideration of private Affairs and dispute resolution. In addition, the procedure also provides for the enforcement of acts of the judiciary. But it should be noted the fact that the civil process is impossible without the participation of some actors. After all, they are the basis for the existence of the proceedings.

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What are the actors?

Procedural succession in the civil process – industry Institute, is directly linked with the activities of persons participating in the procedure. This leads to the need to clarify the key statements about them. Under the current Civil procedure code of the Russian Federation, there are several key “characters” who take part in the consideration of specific cases. Among these include the court, the parties (plaintiff and defendant), third parties, experts, attorney, etc. Each of the individuals makes its own contribution to the process. Therefore their activity is quite important. Directly dispute to happen between the plaintiff and the defendant. These individuals provide evidence of their interests. However, there are times when a person exits the process, for reasons independent of his will. Such situations quite a lot in the judicial practice. If a person, e.g. the defendant dies, the process does not end there. His power can pass to another entity that is a manifestation of the action of the Institute of succession. This fact is a key opportunity, which is owned by the parties in the civil process. Procedural succession in this case is a right and a duty in equal measure.

Succession: definition, importance

Presented by the Institute exists not only in the civil process. Its basis was developed in the theory of law. Thus, the succession represents the transition of certain legal features from one person to another. As a rule, subjects should be parties to the same legal relationship. Thus, the composition of the parties to an interaction is changing, but its essence remains unchanged. Succession, as we understand it, is a purely legal category, branches of which exist in every industry. It should be noted the fact that succession does not exist in a single form. Every industry brings with it its own specific moments that pretty much change the whole Institute.

The Concept of procedural succession

If we are talking specifically about civil law, the Institute is endowed with a huge number of features. Thus, procedural succession in the civil process – the actual replacement of one participant with the procedure, which was out of it for certain reasons, others, the proper subject. In this case it is necessary to note the fact that the category is not applicable in all situations. The time of succession is regulated by the Civil code of Russia, as well as other similar regulations. Taken together, this all suggests the existence of certain conditions of use of the institution.

It Should also be noted that the succession in the civil process there is not a single such institution. It mustto distinguish from complicity and the replacement of the inadequate Respondent, because these institutions neither have anything to do with the reporting in the article category.

Procedural complicity and succession in the civil process – the difference

Earlier it was stated that the succession is often confused with other institutions of the domestic legal system. If we consider specifically the procedural complicity, the Institute embodies the features of several plaintiffs bringing claims against one or more defendants. As we can see, nothing to do with succession is not here, which is just the replacement of one entity to another. In addition, the complicity and the Institute have a different normative regulation. Succession, or rather, its key features are embodied in article 44 of the civil code. In turn, statements of complicity can be found in the provisions of article 40 of the same legal act.

What is the difference between the replacement of the inadequate Respondent and succession?

A Shuffling of parties in the process can cause another very interesting institution. So is the replacement of the inadequate Respondent. According to article 41 of the Civil procedure code of the Russian Federation, at the time of preparation of production to the consideration of the court is entitled to substitute the defendant, if reveal the inappropriateness of his involvement. In this case, it is inappropriate to be recognized as the person who should legitimately participate in the entire procedure. Procedural complicity and succession in the civil process does not affect the question of whether the participation of a particular subject. Transfer of existing legal options in fact the withdrawal of a party from the procedure for reasons from the court and other entities are not affected.

The institution

The Base of the succession procedure in civil proceedings are quite different. As we know, the outcome of the legal procedure is very difficult to predict, especially in the civil law sphere. Most often, civil procedure, succession occurs at the death of the citizen or reorganisation of legal persons. Data legal facts are the most versatile. In such cases, the mass of the succession of the deceased or reorganized entity shall be transferred to his heirs. Together with the property of the subjects also depart the rights and duties, including procedural. This is what leads subsequently to the succession. However, there are also other terms of procedural succession in the civil process. A great example is the assignment of the claim or the imposition of an obligation by the debtor to others.

Legal execution

The Institute of the succession is characterized not only by changing of the side in the process, and even the specifics of their procedure. It starts with finding a proper heir. When it is defined, it must submit an application on procedural succession, which will ask the court “let’ it in the proceedings. In turn, the authorized body shall provide the authorised person who is a heir. The court also has the right to engage in as a successor to the respective subject on the basis of personal initiative.

When succession is not possible?

Not all manufactures use referred to in article of the Institute is valid. In the standard version out of the procedure, the person is replaced by a proper person. But what if the whole process is directly linked to the personality of the retired? As we know, such processes exist and can be found almost constantly. Succession cannot be used in the production of the requirement of the alimony and compensation of harm which is caused to human health or life. In such situations, any alternatives simply can not be. After all, to recover maintenance from a person who is not, for example, the father of the child – nonsense.

Conclusion

So, we tried to answer the question of what procedural succession in the civil process. Issues of the Institute is relevant. After all, in practice lawyers often have to deal with situations directly related to the succession.