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Unitary litigation The unitary joinder is one

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發表於 2024-5-15 16:22:10 | 顯示全部樓層 |閱讀模式
Where the judge's decision is unique for the entire group formed. This way, merit is judged in a unique way for everyone involved. The rules governing unitary litigation are set out in article 116 of the New CPC : Art. 116. The joinder will be unitary when, due to the nature of the legal relationship, the judge has to decide the merits in a uniform way for all the joinders”. Simple consortium Simple, on the other hand, implies that the judge will present different weights and sentences for the people who make up the group, not standardizing the effects of the sentence among the group's participants, as pointed out in article 117 of the New Art.

The co-joiners will be considered, in their relations with the adverse party, as distinct litigants, except in the unitary consortium, in which case the acts and omissions of one will not harm the others, but Albania Phone Number  may benefit them. Multitudinous Litigation Consortium Paragraph 1 of art. 113 of the New CPC also defines the multitudinous joint venture. According to the provision, therefore, the judge may limit the number of litigants when optional. It is limited to the optional type, as otherwise it would be opposing the very precept of mandatory training when legally determined.



The limitation may also occur in the knowledge phase, in the settlement of the sentence or even in the execution. It is a measure that aims to contribute to procedural speed. After all, the excessive number of members in a demand, considering deadlines for summons,  subpoena  and petition, can compromise the quick resolution of the dispute. This, however, does not remove the safeguard of the rights of the parties. It aims, on the contrary, to ensure the effectiveness of demand. Didier [1] speaks of this type, for example, when discussing the difficulty of qualifying the defendant in a possessory claim related to an occupation of land.
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