3 Jan 2013, 11:35am
General:
by

Comments Off on The Principle

The Principle

It would be possible to be affirmed that all the legislations and doctrines admit the existence of several people in the plaintiff situation or demandado” 2 For MONROY, litisconsorcio is a subjective accumulation and like so, it can be original or successive. ” The necessity of its legislative, separated treatment, arises from the fact that the people who conform a part as litisconsortes, can have in their interior, different relations and heterogneas”. 3 On the other hand, CABANELLAS defines that it is a situation and procedural relation of the plurality of people who, as a result of an action established judicially, are actors or demanded of the same cause, with the consequence of the solidarity of interests and the collaboration of the defense. 4 Since each one of the people who, in a judgment, concur at least with another one and litigate with the same character of demanded plaintiff or, within the same action or another one connected. 5 Existe litisconsorcio when to mediate active or passive coownership with respect to a unique pretension, or a bond of connection between different pretensions, the process is developed with the participation of more than a person in the same position of part.

6 Nevertheless, is litisconsorcio plurality of parts or the plurality of subjects like part. As I am mentioned supra they exist multiplicity of conceptions; etymological now we know that litisconsorcio means: ” Community of luck or identity in resultados”. The doctrine generally conceives that it is not the plurality of parts, since this position is not correct, due to the existence of the Principle of Duality of Positions. By which one settles down that in the process only two parts. Of referential way, such principle the doctrine has called him ” principle of bilaterality or duality of partes” which is pronounced in two antagonistic positions: the part plaintiff and the part plaintiff.