Human life is not uniform in nature. Quite often, each of us is overcome by any difficulties. Hard work and iron will help to cope with them. But there are times when a person needs to go to court to solve a particular problem. This body is the key agency in which legal protection is provided. In addition, the court is a single body with the power to resolve disputes between individuals. The fact of applying to the represented body is legally significant and justified. From the moment the petition is filed with the court, the process begins. Disputes regarding the private life of individuals and legal entities are considered in civil proceedings. A procedure of this kind has a large number of rather specific points, which not everyone knows about. For example, very often in the process a situation arises when procedural succession is implemented. In most cases, he is confused with replacing an inappropriate defendant or even challenging a subject. However, the procedural succession in the civil process is a holistic, independent institution, which plays a rather significant role.
What is a civil process?
The trial can be considered in two ways. On the one hand, it is limited activity aimed at searching for objective truth in a particular case, on the other hand, it is a category of civil procedural law of the Russian Federation. But what exactly is this phenomenon? The civil process is an activity regulated by the norms of the legal industry of the same name, aimed at considering private law cases and resolving disputes. In addition, the procedure also provides for the enforcement of judicial acts. But it should be noted that the civil process is impossible without the participation of some actors. After all, they are the basis for the existence of the proceedings.
What are the actors in the process?
The legal succession in the civil process is an industry institution directly related to the activities of persons who participate in the procedure. This necessitates finding out the key statements about them. According to the current Civil Procedure Code of the Russian Federation , there are several key “characters” who take part in the consideration of specific cases. These include the court, the parties (the defendant and the plaintiff), third parties, experts, the prosecutor, etc. Each of the individuals represented contributes to the process. Therefore, their activities are quite important. A direct dispute occurs between the plaintiff and the defendant. These individuals provide evidence of their interests. However, there are times when a person leaves the process for reasons beyond his will. There are quite a few such situations in judicial practice. If a person, for example, a defendant, dies, then the process does not end there. Its powers may transfer to another entity, which is a manifestation of the action of the institution of succession. This fact is a key opportunity that the parties have in the civil process. The legal succession in this case acts as a right and an obligation equally.
Succession: concept, meaning
The presented institution exists not only in the framework of the civil process. Its basis was developed in the theory of law itself. Thus, succession is the actual transition of certain legal opportunities from one person to another. As a rule, subjects should be simultaneously participants in the same legal relationship. Thus, the composition of the participants in one or another interaction is changing, but its essence remains unchanged. Succession, as we understand it, is a exclusively legal category, branches of which exist in each industry. At the same time, it should be noted that the succession does not exist in a single form. Each industry brings its own specific points to it, which pretty much change the entire institution without exception.
The concept of legal succession
If we are talking specifically about civil law, then the institute is endowed with a huge number of features. Thus, the legal succession in a civil proceeding is the actual replacement of one participant in the procedure, who dropped out of it for certain reasons, by another, the proper subject. In this case, it should be noted that the category is not applicable in all situations. The moment of succession is regulated by the Civil Code of Russia, as well as other similar regulatory acts. Taken together, this all indicates the existence of certain conditions for the use of the institute.
It should also be noted that succession in the civil process is not a single similar institution. It must be distinguished from complicity and replacement of an inappropriate defendant, because these institutions have nothing to do with the category considered in the article.
Procedural complicity and succession in civil litigation - differences
Previously, it was pointed out that succession is often confused with other institutions of the domestic legal system. If we consider specifically procedural complicity, then this institution fixes the features of the presentation of claims by one plaintiff to one or several defendants. As we see, there is nothing to do with succession here, in which only one subject is replaced by another. In addition, complicity and the institution presented in the article have different regulatory regulations. Succession, or rather, its key features are enshrined in article 44 of the Civil Code of the Russian Federation. In turn, statements of complicity can be found in the norm of article 40 of the same legal act.
What is the difference between replacing an inappropriate defendant and succession?
Shuffling the parties in the process can cause another rather interesting institution. Such is the replacement of an inappropriate defendant. According to Article 41 of the Civil Procedure Code of the Russian Federation, at the time of preparing the proceedings for consideration, the court has the right to replace the defendant if it reveals the inappropriateness of his participation. In this case, the person who should not legally participate in the entire procedure will be recognized as inappropriate. Procedural complicity and succession in the civil process does not affect the issue of the appropriateness of the participation of a particular subject. The transfer of existing legal opportunities occurs upon the withdrawal of a party from the procedure for reasons that are independent of the court and other entities.
Institute conditions
The foundations of the procedural succession in the civil process are quite different. As we know, the outcome of a judicial procedure is very difficult to predict, especially in the civilian sphere. Most often, a civil procedural succession arises upon the death of a citizen or the reorganization of a legal entity. These legal facts are the most universal. In such cases, the hereditary mass of the deceased or reorganized person passes to his heirs. Along with property, rights and obligations, including procedural ones, also depart to the subjects. This is what subsequently leads to succession. However, there are also other conditions for procedural succession in a civil proceeding. An excellent example is the assignment of the right to claim or the laying on of obligations by the debtor to other persons.
Legal registration
The succession institution is characterized not only by the replacement of a party in the process, but also by the specificity of its procedure. It starts with finding the right heir. When this is determined, he must draw up a statement of procedural succession, which will ask the court to "let" him into the proceedings. In turn, the authorized body grants admission to the person who is the heir. The court also has the right to attract the relevant subject as a successor on the basis of personal initiative.
When is succession impossible?
Not in all industries the use of the institution mentioned in the article is permissible. In the standard version, the person who has left the procedure is replaced by the appropriate person.
But what if the whole process is directly related to the personality of the retired? As we know, similar processes exist and they can be met almost constantly. Succession cannot be used in proceedings for the claim of alimony and compensation for harm caused to human health or life. In such situations, there simply cannot be any alternatives. After all, collecting child support from a person who is not, for example, the father of the child is nonsense.
Conclusion
So, we tried to answer the question of what is the procedural succession in the civil process. The problems of the institute are relevant. Indeed, in the practical activities of lawyers quite often have to deal with situations directly related to succession.