What is procedural complicity?

Traditionally, the civil procedure is adversarial, it implies the dispute of two parties. They are the plaintiff and the defendant. The first party to the proceedings – a person (natural or legal) who is directly sued in its own interests or in the interests of which the application was filed on the law. Second character of the process – the person against whom the claim is presented. All this is quite accessible and understandable. But what is procedural complicity in civil proceedings? The above term has a value different from that of the criminal law. Consider the meaning of the term.

Procedural complicity in the civil process

The Classical variant is a part on each side one person, that is, the presence of only the plaintiff and the defendant. But practice shows that not always such a situation occurs. It happens that as plaintiff, defendant or simultaneously on both sides are few. This is a procedural complicity. His reason is the identity of the disputed rights or responsibilities to several persons, as well as consideration of judicial economy in considering several claims. Procedural complicity in judicial proceedings has a special purpose. It is quick and efficient protection of violated or contested rights.

Substantive grounds for complicity

Procedural complicity should always be based on certain circumstances and facts. It occurs if:

• The subject of the dispute are common to the parties rights and obligations;
• The entitlement of plaintiffs and defendants based on the same legal or factual basis;
• The content of the claim constitute a homogeneous interests or liabilities.

Depending on these criteria made the separation of the procedural co-participation in mandatory and optional. Necessary takes place in the case if it is based on the first and second of the above grounds. Optional same arises if the third above-mentioned criteria.

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Unlike the procedural co-participation of other types of participation in the civil process

The code of Civil procedure distinguishes between complicity and other forms of participation in the proceedings. This phenomenon takes place only with respect to plaintiff and defendant. So you should understand the concept of parties in civil proceedings. The plaintiff and the defendant always have substantive interest, purely to protect their rights to dispose of the subject of dispute, bear the costs of the case. They are subject to all the consequences of a judicial decision, they can refuse the claim, to conclude a peace agreement, and to exercise his other procedural rights and obligations. Thus, the lawyer in civil proceedings does not act as an accomplice to the side, as witnesses, third parties and other participants in the proceedings. Therefore, we must distinguish between categories of actors involved in resolving the dispute.