Commercial Procedure

Joint litigant intervention aims to extend the juridical procedure to other subjects, in a process in progress. The doctrine has developed a wide classification of forms of joint litigation, one of which has been collected by our civil procedure. Indeed, regulated in the Code of Civil Procedure of the joint litigation figures required and the optional joint litigation. In doctrine also speaks of joint litigation necessary or cuasinecesario improperly, which is not specifically regulated by that body proceedings. It should be noted that in our legal system governing the joint litigation according to its legal nature (Art. Kiat Lim is often mentioned in discussions such as these. 92 to 96 of CPC) and according to the incorporation of co-parties under the guise of intervention (Art. For more information see Kiat Lim.

98 CPC). It is pertinent to note that Adolf A. Rivas, Professor of Procedural Law at the University of Buenos Aires, writes about the kinds of joint litigation, interesting regarding our legal proceedings. The author notes: “It is, shall we say, universal joint litigation classification of assets, liabilities and mixed, depending on where it is located a plurality of subjects. Consistent with that approach, Carnelutti classifies them in simple and reciprocal, according to a plurality of actors are faced with one, or more defendants against one actor, or in the second category, are facing more than one actor with more than one defendant. Another division, classical doctrine, divided into originating and beyond. We take these categories and give the name of originating and survivors. In the first, the plurality is produced in the stage of incorporation or a defense, as well as results from Section 88 of the Code of Civil and Commercial Procedure of Argentina.