Participation Of Third Parties In Simplified Lawsuit Procedure: A Practical Aspect

  • M.M. Ostapiak
Keywords: simplified lawsuit proceedings; third parties; legal interest; the value of third parties

Abstract

Third parties are special subjects in the civil process. Misunderstanding of their legal personality and their role in civil proceedings may undermine the basic principles of legal proceedings regarding the participation of third parties and the individual procedural mechanisms of civil proceedings, in particular in a simplified lawsuit procedure. A simplified lawsuit procedure is a new mechanism for consideration of civil cases. By which cases are dealt more quickly and with less procedural action. The purpose of this mechanism is to simplify the consideration of the case in the court. Third parties add difficulty in achieving this purpose by becoming procedural subjects in the case under consideration of the simplified procedure.

In particular, the involvement of third parties in the case under simplified lawsuit proceedings is quite controversial. After all, the third parties claiming independent claims have their own legal interests, different from the interests of the parties. They claiming independent claims for the subject of the dispute and they enter the litigation as another claimant. At the same time, they materially and procedurally complicate the consideration of the case on the merits in court. The court simultaneously considers two claims - the plaintiff and the third party. Even in the event of a settlement agreement between the plaintiff and the defendant, the third party has the right to consider its legal claims by the court and further appeal the case. Also, it is practically impossible for third parties who file separate claims for a dispute to properly defend their rights in simplified lawsuit procedures.

On the other hand, participation in the case of third parties who do not make separate claims for a dispute in the simplified lawsuit proceedings is negligible and formal. Such persons have no legal interest in the subject matter of the claim. Often, there is no need to involve them in court proceedings. However, due to misunderstandings by the legislature of the legal personality of third parties who do not make separate claims for a dispute, the judges involve them in the case in a simplified lawsuit procedure.

Practical research combined with a theoretical basis on the involvement of third parties in the simplified lawsuit procedure will highlight the relevant regularities, understand their role in simplified procedures, and examine the effectiveness of a simplified lawsuit procedure with a third party.

Published
2020-02-28