The Need For Litigation

The rules of joint litigation are generally needed in the relationship areas of the law. these areas expressly governs, but in some cases envisaged by procedural rules, as in the boundary area or correction in the trial of partitions, against all co-owners, etc. Unlike the optional joint litigation, the need exists claims more than one subject only entitled to demand to be filed by them, or even that it is against them and not only against some, but necessarily on all. In this case must appear all that have a legitimate interest or must include all necessary co-parties, so the judge can rule on the substance of the dispute. Our procedural law provides that when the decision to fall in the process uniformly affects all co-parties, shall be issued only if all appear valid or all are located, depending on whether active or passive co-parties. (Art. 93 CPC). If for example in a sales contract, involving several vendors and multiple buyers and is intended to terminate the contract for lack of compliance with a corresponding obligation, must appear to the process as all applicants who participated in the purchase contract and demand must be directed against all buyers so that they are located. If only some of them appear to process, they were deployed only or is located only some of them, not to perfect the legal relationship valid and therefore the sentence is inhibitory, ie no position on the merits of the dispute, but on the juridical proceedings. Declared inadmissible or irrelevant demand.

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