What is procedural intervention?

Article by: Naia Sánchez | Last update: April 10, 2022
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The procedural intervention is that act by which a person who is not a party to the process that is being followed, enters it, either as an active or passive part of the procedure.

What is the intervention of the parties?

By intervention is understood the introduction in a pending process of a third person who formulates a claim of his own interests, either directly or through the defense of the rights of any of the parties.

What is provoked intervention?

proc. Case of procedural intervention in which the law allows the plaintiff or defendant to call a third party to join the process and defend his rights with the quality or not of a party.

What is the adhesive intervention?

proc. Case of procedural intervention in which the intervener does not affirm the ownership of the contentious material legal relationship, but the ownership of another legal relationship dependent on it, so that the decision adopted in the process may affect him or her indirectly or reflexively .

What is the difference between voluntary intervention and provoked intervention?

Concept and classes of provoked intervention

Thus, while in the voluntary one the entry of the third party into the process occurs spontaneously, that is, on its own initiative, in the provoked one, there is a call to the third party to participate in the pending process, which in no case is coercive. .

22 related questions found

What is voluntary intervention?

Intervention is voluntary when the third party, on its own initiative, asks to be part of a pending process between other parties, to assert its rights, safeguard them or support or sustain the rights of one of the main parties.

What is a voluntary third party intervention?

In the voluntary one, the legitimate third party freely attends the ongoing process to defend their rights or interests; in the provoked intervention, on the other hand, the third party goes to trial at the request of a party or the judge, under the threat of some legal effect being produced against him if he does not appear for said process.

What is Litisconsorcial intervention?

LITISCONSORTIAL INTERVENTION

It is the one in which a third party is going to intervene in a process to defend their own rights that are discussed in the process, and that are similar, perhaps in whole or in part, to those affirmed by one of the parties in litigation.

When can a third party intervene in a process?

Palacio(14) maintains that the intervention of third parties takes place when, during the development of the process, and whether spontaneously or provoked, people other than the original parties join it in order to assert their own rights or interests, although linked to the cause or object of the …

What is consortium litigation?

Concept. -The presence in the same proceeding of several people in the position of plaintiffs (active joint venture) or defendants (passive joint venture) or plaintiffs on one side and defendants on the other (mixed joint venture) is called a joint venture. v.

What is third in the process?

The expression third party, within procedural law, is defined by exclusion: a third party is anyone who is not a party to a process.

What is a necessary passive consortium litis?

This type of necessary passive joint venture exists in the event that a person faces a plurality of defendants. It is applied when several people have been decisively denounced because the plaintiff or the court considers it necessary.

What is the lack of passive joint venture necessary?

The lack of a necessary passive joint venture is a procedural defect for not directing the claim against all those who should be sued.

What types of third-party intervention do you know?

The participation of a third party intervener can be voluntary or optional, which does not require further formalities; or the forced intervention of a third party in which “he is forced to intervene under threat of procedural consequences in the event that he does not do so.”

What is legal intervention?

Precautionary measure, ordered by the judge, that affects the administration of a legal or natural person, in order to ensure possible rights of third parties or partners.

What subjects can intervene in a civil process?

Individuals and legal entities, assets, entities without legal personality, groups of consumers and users, unions without personality and the Public Prosecutor’s Office may be parties to the civil process.

Who is the legitimate third party?

As can be seen, it is the judge who decides whether to incorporate the third party into the process based on the legitimate interest that the third party alleges in his request. If the judge considers that he should be incorporated, the third party adopts the denomination of legitimate third party and not of procedural party.

Who can be the interested third party?

The interested third party, being able to have such character: a) The person who has managed the claimed act or has a legal interest in its subsistence; b) The plaintiff’s counterpart when the claimed act emanates from a trial or controversy of the judicial, administrative, agrarian or labor order; or in the case of a person…

When is litisconsorcial intervention presented?

The adhesive and litisconsorcial intervention is appropriate in the processes of knowledge, as long as a single or second instance sentence has not been issued, since the admission of the claim.

What is a litisconsorte Peru?

There is a litisconsorcio when two or more people litigate jointly as plaintiffs or defendants, because they have the same claim, their claims are related or because the sentence to be issued with respect to one could affect the other.

When is the litisconsorcio applied?

There is a joint venture when one or both parties in a dispute are made up of several subjects. Third Party Intervention Classes; Spontaneous or voluntary; it is optional of its own freedom.

What are independent third parties?

3) As independent third parties. They are those people who, without being direct parties to the trial, intervene in it once it has begun because they have a current interest in its results, sustaining claims that are harmonious and consistent with those of one of the main parties.

What is the exclusive third party?

On the other hand, the exclusive third party is the one that claims an exclusive or peculiar right of its own that opposes that of the plaintiff and the defendant, or tries to limit the extension of the exercise of the right that one of them claims; that is to say, that the third party constitutes the defendants to the two parties that intervene in the …

What is a lawsuit in voluntary intervention and forced intervention?

A person outside the initial instance becomes part of it, either on their own initiative (voluntary intervention) or because one of the parties called upon to participate in the pending instance (forced intervention).

What happens if I do not integrate the necessary joint venture?

In other words, the lack of integration of the necessary joint venture constitutes a fact that configures a prior exception, which in principle can be remedied ex officio when warned by the judge, or at the request of a party.

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