As a rule, only two are involved in the civil process - the defendant and the plaintiff. These entities defend opposing interests and pursue different goals.
In practice, the proceedings may become more complicated if a third party enters the case . This entity may be involved at the request of a party or become a party to the proceedings on its own initiative. Such persons are called third because their interests in some cases contradict the interests of the parties.
Let us further consider how third parties can intervene .
Case studies
Third parties may intervene only if their interests are affected by the proceedings.
For example, one citizen, leaving on a business trip, gives another TV for temporary storage. Upon returning, he naturally asks for the technique back, but they refuse him this.
To claim property, he appeals to the court. In the course of the consideration of the circumstances, the court finds out that the plaintiff was rented a TV. Accordingly, the rental office may enter into business as a third party, declaring independent claims . This organization owns a TV. Accordingly, a case cannot be resolved fairly without its involvement.
Third parties who do not state independent claims may enter the case . For example, a citizen has acquired a thing. Subsequently, a demand was brought against him from a person who did not participate in the sale to return, since this very thing had dropped out of his possession against his will.
The acquirer, of course, seeks to bring the seller to the dispute. If the latter fails to prove that he made the sale lawfully, the buyer will receive the right to file a lawsuit against him to refund the amount paid. In this case, the interest of the third party who entered into the dispute is aimed at preventing the submission of a recourse request to him.
Features of third parties
Third parties may intervene (in an arbitration court or civil litigation court) when proceedings have already begun between the defendant and the plaintiff.
These entities have a procedural and substantive interest in the outcome of production. At the same time, they enter the process in defense of their own rights and on their behalf.
Distinctive features
Third parties do not act as initiators of the proceedings. They do not participate in the occurrence of the initial disputed legal relationship.
Third parties may intervene on the side or the plaintiff or the defendant. They have no legal relations with the other party.
The participation of third-party actors is a special case of a complicated process, since the subjective composition of production changes.
Third parties may intervene at the preparatory stage. However, the legislation provides for their involvement in the proceedings, but before the ruling on the case in the first instance. The corresponding provision is enshrined in Article 42 of the Code of Civil Procedure.
When a third party is involved in the proceedings, the proceedings begin anew.
Regression requirement
It is considered one of the most common grounds on which third parties can intervene .
For example, as article 640 of the Civil Code establishes, liability for damage incurred by a third party as a result of unlawful acts committed on a rented vehicle will be borne by the lessor according to the rules enshrined in Chapter 59 of the Code. The owner of the vehicle, in turn, has the right to present to the user a recourse claim for compensation of the amounts transferred to a third party, if he can prove that the tenant (user) is guilty of the damage.
Rights
Third parties may intervene and:
- Explain the circumstances of the dispute.
- Participate in the study of material, written evidence, in the interrogation of witnesses and experts.
- Appeal court rulings (rulings), give petitions regarding the progress of the case. For example, third parties may request to postpone the proceedings, suspend the process, etc.
Classification
In the law, third parties are divided into claiming and not claiming independent claims. The former are discussed in 42, and the latter in article 43 of the Code of Civil Procedure.
Subjects making claims in relation to the subject of proceedings are equalized in legal status with the plaintiff. Such persons:
- They require recognition of the disputed law neither by the defendant, nor by the plaintiff, but only after them.
- They seek a resolution of the dispute in their favor.
Claims in such cases are tantamount to the claims of the original plaintiff. An entity making independent claims, in fact, itself becomes a party to the dispute. Accordingly, he acquires all the procedural obligations and rights of the party.
Explanations
As the practice of consideration of cases involving a third party shows, this subject files a lawsuit, as a rule, both against the plaintiff and the defendant. The fact is that his main task is to uphold his own interests.
Entry of a third party into production is carried out in accordance with a court ruling at the request of the party to the dispute or at his personal initiative.
If a third party with independent claims has not exercised its right and has not entered into proceedings, the court at its discretion cannot bring him to trial. However, this entity may apply for the protection of rights by suing the party in whose favor the decision was made.
Difference from co-applicant
Despite the fact that the procedural statuses of the co-applicant and the third party are similar, there are a number of significant differences between them.
- Firstly, a third-party subject is already involved in the production started.
- Secondly, a third party makes independent claims arising from other or similar grounds, but not the same as the original applicant.
Subjects without requirements
These persons enter into proceedings on the side of either the plaintiff or the defendant before a decision is made in the case if it affects their rights and obligations towards any of the participants. Simply put, the involvement of the subject is aimed at helping the defendant or the plaintiff by defending their own interest.
The basis for the participation of a third party is the possibility of suing him. It is determined by the relationship of the initial contentious legal relationship between one of the participants in the proceedings and this entity.
Key Features of Non-Required Persons
These subjects:
- Enter into production already started on someone else’s side.
- They have substantive communication exclusively with either the plaintiff or the defendant.
- They protect their interests, as the outcome of the proceedings may affect their duties and rights.
However, such persons:
- They do not have dispositive procedural rights.
- Do not act as presumed participants in a disputed legal relationship.
Explanation
When making claims for compensation for damage arising from a source of increased danger, a disputed relationship arises between the victim (plaintiff) and the owner of this source (defendant), and not between the first and direct causer of this harm, participating in the proceedings in the status of a third party that does not have independent requirements.
As practice shows, most often the subjects act on the side of the defendant, less often on the side of the plaintiff.
The court may involve a third party in the proceedings at the request of the interested party or on its own initiative. This is the main difference from the order of entry into production of a person with requirements.
Limitations
Persons who do not have independent requirements shall exercise the procedural rights of a party, except for the possibility of:
- Change the basis or subject of the claim.
- Increase or decrease claim size.
- Refuse the claim.
- Recognize a claim or make a settlement.
- Submit a counterclaim.
- Demand enforcement of the judgment.
Similar rules apply in the arbitration process. In engaging a third-party entity, the court makes a determination. As in the case of a person with independent claims, the proceedings begin anew.
Since the non-claiming entity does not act as the alleged participant in the disputed legal relationship and does not claim their object, the legislation does not provide for it a full range of procedural obligations and rights. Meanwhile, since such persons are on the side of either the defendant or the plaintiff, they assist in protecting the subjective interests and rights protected by law.