Succession in the civil process: concept, types

The key persons in the civil proceedings are the defendant and the plaintiff. They are parties to a dispute that the court must resolve. Participants in the proceedings are vested with equal responsibilities and rights.

Characteristics of production

The plaintiff is the person in whose interests the proceedings are started. The respondent is a subject who, in the applicant's opinion, has violated the latter's rights. For the appearance of the procedure for the consideration of the case, respectively, it is necessary to have two parties with opposite interests. Production can not be started if the plaintiff has not indicated in his application the particular person to whom he claims. At the time the suit is filed, the court proceeds from the fact that a certain legal relationship has arisen between the parties, which has become contentious. In the course of the proceedings, a number of circumstances become clear. The court determines whether there is a substantive relationship between the parties, whether the right of the plaintiff was actually violated. If one party withdraws from the process, the law allows for succession. If it is impossible, then the proceedings are terminated.

The concept of succession in the civil process

In the event of the withdrawal of one of the parties during the proceedings, it may be replaced. допускается на любой стадии рассмотрения дела. Succession in the civil process is allowed at any stage of the proceedings. The law provides for the replacement not only of the defendant / plaintiff, but also of a third party. In the latter case, it usually takes place in disputed material legal terms.

Grounds for succession in civil proceedings

Replacement of the participant of production is possible at its retirement. It, in turn, can be conditioned:

1. The death of a person.
2. Termination of the existence of the organization.
3. Transfer of debt / assignment assignment.

аналогичны приведенным выше. The grounds for procedural succession in the civil process are similar to those given above.

Classification

: There are following types of succession in the civil process :

1. Universal.
2. Single (singular).

The latter takes place in a concrete material sense. It entails procedural succession in cases where the law allows the passage of certain subjective rights. For example, it could be a cession of a claim, a transfer of a debt, and so on. допускается в том случае, когда обязанности и права переходят от одного субъекта к другому. Universal succession is allowed in the case when the duties and rights pass from one subject to another. For example, this situation is inherent. If one of the participants is a legal entity, then the responsibilities and legal opportunities are transferred as part of the reorganization. Elimination of the organization does not entail succession. юридические возможности и обязанности переходят полностью. In the civil process, legal opportunities and responsibilities are completely transferred.

Exceptions

закон допускает далеко не всегда. It should be said that the law does not always allow the succession in the civil process . The possibility of replacement depends on whether it is provided in the most material sense. There are such duties and rights that have a personal-confidential nature. In this connection, they can not transfer to other persons. Thus, Article 388 of the Civil Code does not allow the assignment of a claim without the consent of the debtor for the obligation, in which the identity of the creditor is essential for the latter. не предусмотрено и при рассмотрении дел, касающихся восстановления уволенного сотрудника. Succession in the civil process is not provided for when considering cases involving the restoration of a dismissed employee.

Order

Succession of a procedural nature takes place only when the proceedings have already commenced. The order of transfer of duties and legal opportunities is as follows:

1. In the event of circumstances that serve as grounds for universal succession in material and legal relations, the proceedings in the case shall be suspended. This provision is enshrined in Article 214, paragraph 1 of the Civil Code.
2. With a singular (single) succession, the entry of a new participant into the proceedings does not require the suspension of the process.

Specificity of the procedure

In the event of the death of the subject, the court, at any stage of the proceedings, must bring up the question of the possibility of replacing this participant. The interested party issues a statement of succession. In the civil process, the entry of a new participant does not always depend on his will. If several persons are replaced, the court must send a notice to each of them. The assignee accepts all duties and rights of the predecessor. All the actions of the latter become mandatory for the new subject. The time that a participant enters production has an impact on the scope of his legal capabilities. This is due to the fact that the successor is not able to change everything that was committed before his entry into the dispute.

In the case of a partial refusal of the plaintiff from the claims he has claimed, the new entity can not count on their full satisfaction. If the decision on the case is canceled and the materials are sent for a new review, the assignee will receive the duties and rights in full. In the event that the replacement of a person occurred after the entry into force of the judgment, the new participant may demand its execution or perform only such actions as his predecessor could have done.

Design Features

The application for succession is drawn up in accordance with the general rules of the CCP. It contains the name of the court, information about the defendant / plaintiff who left the dispute. In the content of the application it is necessary to indicate the subject of the claim Referring to Art. 44 ГПК, the interested person asks the court to make replacement of the participant. At the same time, his full name, address of residence is indicated. If the legal successor is a legal entity, its name and location are listed. As in other cases, the document is signed, the date of compilation is put on it. When making an application it is necessary to comply with the requirements of the CCP. Otherwise, it may not be accepted. The number of copies of the document must be equal to the number of persons participating in the proceedings.

Additionally

Replacement of the predecessor by the successor on the part of the plaintiff is carried out only with the consent of the subject to enter production. If it is absent, the proceedings are terminated. The replacement of the predecessor by the legal successor on the part of the defendant is carried out regardless of the consent of the new participant. This procedure is carried out in accordance with the definition of the court. It is necessary to distinguish the succession from the replacement of an improper participant. In the first case, upon the entry of a new participant, the proceedings continue from the moment of suspension.

Conclusion

In general, it should be said that succession in the proceedings is carried out without special difficulties. Judicial practice shows that such cases can not be called widespread. Suspension of the consideration of the case is necessary for the search of an assignee, notification of the subjects who are involved in the proceedings. It is necessary to remember that the person entering the case is endowed with the scope of legal opportunities and duties that the predecessor had. In this regard, the successor should carefully examine the state of the proceedings at the time of his entry into it.