The key persons in the civil process are the defendant and the plaintiff. They are parties to a dispute that a court must resolve. The participants in the proceedings are vested with equal duties and rights.
Production characteristic
Claimant - the person in whose interests the proceedings have been initiated. The defendant is the entity that violated, according to the applicant, the rights of the latter. For the emergence of the proceedings, respectively, it is necessary to have two parties with opposing interests. Proceedings cannot be started if the plaintiff does not indicate in his application a specific person to whom he makes demands. At the time the lawsuit is filed, the court proceeds from the fact that a certain legal relationship arose between the parties, which became controversial. During the trial, a number of circumstances are clarified. The court establishes whether there is a substantive relationship between the participants, whether the plaintiff’s right was really violated. If one of the parties leaves the process, the law allows for succession. If it is not possible, then the proceedings are terminated.
The concept of succession in civil proceedings
If one of the parties withdraws during the proceedings, it may be replaced. Succession in a civil proceeding is allowed at any stage of the proceedings. The law provides for the replacement of not only the defendant / plaintiff, but also a third party. In the latter case, it usually takes place in a controversial substantive legal relationship.
Grounds for succession in civil proceedings
Replacement of a production participant is possible upon his disposal. It, in turn, can be caused by:
- Death of the face.
- The termination of the organization.
- Debt transfer / assignment of claim.
The grounds for the legal succession in a civil proceeding are similar to those given above.
Classification
The following types of succession in the civil process :
- Universal.
- Single (singular).
The latter takes place in a concrete material respect. It entails procedural succession in cases where legislation allows the transfer of certain subjective rights. For example, it can be a cession of a claim, a transfer of debt, and so on. Universal succession is allowed in the case when duties and rights pass from one subject to another. For example, this situation is characteristic of inheritance. If a legal entity acts as one of the participants, then responsibilities and legal opportunities pass within the framework of the reorganization. Liquidation of an organization does not entail succession. In the civil process, legal opportunities and responsibilities pass completely.
Exceptions
It should be said that succession in the civil process is not always allowed by law. The possibility of replacement depends on whether it is provided for in the material sense. There are such duties and rights that are personally trusting in nature. In this regard, they cannot transfer to other persons. So, under article 388 of the Civil Code, the assignment of a claim is not permitted without the consent of the debtor for the obligation, in which the identity of the creditor is essential for the latter. Succession in the civil process is not provided for in cases involving the reinstatement of a dismissed employee.
Order
Succession of a procedural nature takes place only when the proceedings have already begun. The procedure for transferring responsibilities and legal opportunities is as follows:
- In the event of circumstances that act as the basis for universal succession in material and legal relations, the trial shall be suspended. This provision is enshrined in article 214, paragraph 1 of the Civil Code.
- In case of a singular (single) succession, the entry of a new participant into the proceedings does not require a suspension of the process.
Procedure specifics
In the event of the death of the subject, the court at any stage of the proceedings should bring up for discussion the question of the possibility of replacing this participant. An interested party draws up a statement of succession. In a civil proceeding, the entry of a new member does not always depend on his will. If several persons are replaced, the court is obliged to send a notification to each of them. The assignee assumes all duties and rights of the predecessor. All actions of the latter become binding on the new subject. The time a participant enters production has an effect on the volume of his legal capabilities. This is due to the fact that the successor is not able to change everything that was committed before he entered into the dispute.
In case of partial refusal of the plaintiff from the claims declared by him, the new entity cannot count on their full satisfaction. If the decision on the case is canceled and the materials are sent for a new consideration, the assignee will receive the duties and rights in full. In the event that the replacement of a person occurs after the entry into force of the judgment, the new participant may demand its execution or perform only those actions that his predecessor could carry out.
Design Features
A statement of succession is made in accordance with the general rules of the Civil Procedure Code. It contains the name of the court, information about the defendant / plaintiff who has dropped out of the dispute. The content of the application must indicate the subject of the claim. Referring to Art. 44 GIC, the person concerned asks the court to replace the participant. At the same time, his full name, address of residence is indicated. If the legal successor is a legal entity, then its name and location are given. As in other cases, the document is signed, the date of compilation is put on it. When applying, it is necessary to comply with the requirements of the Code of Civil Procedure. Otherwise, it may not be accepted. The number of copies of the document must be equal to the number of persons involved in the production.
Additionally
The replacement of the predecessor by the assignee by the plaintiff is carried out exclusively with the consent of the subject to entry into production. If it is absent, the trial shall be terminated. Replacement of the predecessor by the assignee by the defendant is carried out regardless of the consent of the new participant. This procedure is performed in accordance with the court ruling. Succession should be distinguished from replacing an inappropriate participant. In the first case, upon the entry of a new participant, the proceedings continue from the moment of suspension.
Conclusion
In general, it should be said that the succession in the proceedings is carried out without any special difficulties. Judicial practice shows that such cases cannot be called common. The suspension of the consideration of the case is necessary to search for the legal successor, to notify the entities that are involved in the proceedings. It must be remembered that the person entering the case is endowed with the volume of legal opportunities and responsibilities that the predecessor had. In this regard, the successor should carefully examine the state of the proceedings at the stage of its entry into it.