Third party with independent requirements statement sample. Third party. If the claim shall be assessed, then in the text of the claim, it is necessary to calculate the calculation of the amount to be recovered or disputed. If the calculation is complex, then better

Third parties that declare independent requirements on the subject of the third party dispute, declare independent requirements on the subject of the dispute, are interested in the participants of the process. Speaking in court, they protect their own rights and interests, believing that controversial rights and interests belong to them, and not the plaintiff or respondent. It is beneficial to them that the court will make a decision in their favor, and not in favor of the plaintiff or the defendant. The third person who declares an independent requirement for the dispute, is distinguished from the initial plaintiff following signs :? Third Parties, who declare an independent requirement for the dispute, always enter the started process, in other words, invade someone else's process; ? are subjects of controversial material legal relationship; ? Enter the process voluntarily. Forced attraction to the legal proceedings of this third person is not allowed.

Submission of a third party declaring independent requirements

Attention

CCP, as well as special rights indicated in Art. 38 GPK. Thus, to a third party, declaring independent requirements on the subject of the dispute, a counterclaim can be brought to, this person can enter into a global agreement, change the basis of the claim, increase or decrease the amount of claims and so on. 3. The procedure for the entry of a third party who declares independent requirements on the subject of the dispute to the process for admission to the process of a third party, which declares independent requirements on the subject of the dispute should be submitted to the court to the claim that the requirements provided for in the law.

The court makes a statement of claim if it meets all the requirements specified in the GIC and paid by the state duty. With a positive decision of the issue, the judge makes a definition.

Application for recognition by a third party with independent requirements

A person who intends to join someone else's process with an independent requirement for the subject of the dispute can make a suit for that of the parties in favor of which a court decision will take place. But this way of protecting the interests of the failed third party is not always effective, since the thing about which was considered and the case between the plaintiff and the defendant was considered, by the time of the presentation of such a claim may be destroyed or to be in the property of the bona fide owner, etc. The vision of the effectiveness of judicial protection would be advisable to legally provide for the right of a third party to appeal the definition of refusal to admit to participation in the process.
In accordance with paragraph 3 of Part 1 of Art. 142 GPCs in the order of training a judicial judge permits the issue of joining third parties.

Third Persons Senim Independent Requirements

Since the accession of a third party, which declares an independent requirement for a dispute, there is a lawsuit on the legal nature of the claim, it must be issued according to the rules regulating the presentation of the claim. The third party, which declares an independent requirement for the subject of dispute, to participate in the process, judge (court ) Must make a definition. A third person can be denied tolerance to participate in the process. Civil procedural legislation did not resolve the issue of appealing the definition of refusal to admit a third party into the process.

If we proceed from the general rules for appealing the definitions of the court of first instance (Art. 315 of the Code of Civil Procedure), it follows that such a definition cannot be an object of independent appeal, since it does not block the path to justice.

Civil Process of Russia

As a third party with independent requirements, the director of cutters and sewing courses, said that the subject of the dispute belongs to the courses who attended the plaintiff, she took a sewing machine for temporary use. The claim of a third party that declares independent requirements for the subject of the dispute can be brought not only to the initial parties to the dispute, but also to one of the parties - the plaintiff or the respondent. As a rule, the requirements of the plaintiff and a third party with independent requirements may not be coincided completely in its content and volume.
Their entry into the process can occur on their own initiative, at the request of the parties or at the initiative of the court already under the preparation of the case for trial.

The statement of claim of a third party declare independent requirements

Code of Civil Procedure of the Russian Federation, or return his claim in case of non-compliance with the requirements of the law (Art. 135 Code of Civil Procedure of the Russian Federation). The statement of a third party claiming independent requirements may also be left without movement (Art. 136 Code of Civil Procedure of the Russian Federation). At the same time, if the third person, declaring independent requirements, does not implement its right to enter into a process with independent requirements, the judge cannot attract it to participate in the case.

At the same time, the third person may require the protection of its violated right by presenting an independent claim for the side of the process, which caused a court decision. An example of the participation of third parties that declare independent claims regarding the subject of the dispute is the claim of his wife for his ex-husband about the sewing machine from him, acquired during the period of their marriage.

Sample statement of a third party claiming independent requirements

The procedural position of a third party with independent requirements is very similar to the procedural position of the coyau, so it is important to determine their distinctive features. There are two such signs. First, the third person always enters the process that has already begun. Secondly, the independence of the nature of the claims of a third party, which flow out of other or similar bases, but not the same as the plaintiff.
The third party and the plaintiff are alleged actors of various in their contents of material legal relations, although they arose about the same object. Sustmen are the alleged participants of a single complex multi-pass legal relationship with the obligatory complicity, or several, but similar to their content of material legal relations with optional complicity. Their requirements do not exclude each other.
For example, the plaintiff filed a lawsuit to the defendant to evict the latter. The third person who declares the independent claims on the subject of the dispute can enter the housing dispute with the requirement of evicting the plaintiff, without stating claims to the defendant. At the same time, there is no complicity on the side of the defendant, since the interests of the defendant and a third party do not coincide, although they oppose the interests of the plaintiff. In the way, the third person, declaring independent requirements on the subject of the dispute, is such a person who is involved in the case that protects In the process of their claims on the subject of the dispute by submitting a claim and entry into the started business. The final person, declaring independent requirements on the subject of the dispute, should be distinguished from co-sistems for a number of significant grounds.
Socials can make a claim together, they can join the started process.
The proper claimant is assumed to be the subject of independent right to the subject of the prior art. The claim of the proper plaintiff has ever managed to be brought together with the claim of the initial (inappropriate) plaintiff, since these claims exclude each other proper and improper plaintiffs are carriers of mutually exclusive interests. All this suggests that the proper plaintiff who has entered the process and participating in it simultaneously with the inadequate, has signs of a third party that declares independent requirements to the subject of the dispute.

However, it would be wrong to argue that in all cases without exception, the third party, stating an independent requirement for the subject of the dispute, addresses it to both parties. In practice, there are cases when the third party places the claim only to one of the parties, without challenging the interests of the other.

Third parties in civil proceedings

Parties in the Civil Procedure in accordance with Part 1 of Art. 38 Code of Civil Procedure of the Russian Federation are the plaintiff and the defendant. Participants in civil dispersion may be third parties.

Third parties in the process can pump both citizens and organizations.

Attracting as a third party, as practice shows, it sometimes causes some misunderstanding - why it is involved, but to participate in the trial, while others, on the contrary, seeing that the claim is affected and their interests do not know how to enter into civil The process and protect your rights, which may be violated. In this regard, we will consider who is a third person in civil proceedings and what is his right and obligations.

Third parties enter the already beginning dispute between the parties and differ in the nature of the interest in the outcome of the case:

Third parties that declare independent requirements on the subject of the SPOO (Article 42 of the Code of Civil Procedure of the Russian Federation);

Third parties who do not declare independent claims regarding the dispute of the dispute (third parties with side partition) (Art. 43 Code of Civil Procedure of the Russian Federation).

The third person, declaring independent requirements, enters into a process because it believes that the controversial right believes him, and not the plaintiff or the defendant.

Example: The wife appeals to the court with a claim to her husband about the dissolution of the marriage and the section of co-jigsaw property, including the apartment. Parents of the same husband file an application for recognition of ownership of an apartment, indicating that the apartment is acquired to their funds, although registered-on the name of her husband. In this case, parents are third parties who declare independent requirements.

The third person announced independent requirements, has the right to enter into the process on its own initiative during the entire production, up to the removal of the court in the advisory room (but better, in the end of the preparation of the case).

Having considered the issue of the assumption of a third party, the judge makes a definition of recognition by its third party, who declare an independent requirement in the case, or to refuse this.

Of course, nothing prevents the third person with independent requirements, to present a claim separately. However, pre-lodge, controversial property by the court decision will go to the winning side, then it can, for example, to sell it. In such a case, it will be difficult to protect your rights.

The third person who does not declare independent requirements for the subject of the dispute is a person who participates in the case of the plaintiff or the defendant due to the fact that the decision on the case may affect his rights or obligation to one of the parties ( Art. 43 Code of Civil Procedure of the Russian Federation). The purpose of participation in the process of a third party, which does not declare independent requirements - to prevent adverse consequences of the court decision.

As a rule, such persons appear where regressive requirements are possible. Merciful: If the buyer is a lawsuit against the removal of a thing on the basis of the reason that arose before its sale (the disposal of a thing from the ownership of his soblter besides his will), then he must attract the seller to participate in the case of a third party on his side . If the decision of the court sold the thing will be from the buyer (defendant), the seller (third party on the side of the defendant) must reimburse the buyer with profit-ki (Art. 461 and 462 of the Civil Code of the Russian Federation). If this duty is not fulfilling this duty, the buyer has the right to submit to the seller (a third party who does not declare independent claims) regressive claim, that is, a claim for compensation for damages caused to him with a purchased thing.

However, it is not always attracted to the process of third parties who do not declare independent requirements, associated with the right of regress-sa. Example: a lawsuit against the recovery of alimony for the maintenance of children and is established, which is already charged with the detention of children from another marriage. In this case, interested persons in favor of which Ali cops are charged, should be involved in the case as a third party on the respondent's side. The interest of the third party concludes that the court decision on satisfying the claim may lead to a decrease in the size of the alimony, charged on the maintenance of children from another marriage.

Third parties who do not declare independent requirements may enter into a process on their own initiative, involved in participation in the request of the parties or at the initiative of the court. Their entry (or attracting) is allowed during the entire production of the case in the case before the decision of the decision by the court of first instance.

The absence of its own requirements is not denoted by the Council: these persons have all the procedural rights, necessary to protect their rights and interests associated with this process. True, they cannot change the basis or subject of claim, increase or decrease the amount of claims, abandon the claim, recognize the claim or conclude a settlement agreement, to require the compulsory execution of a su-decision decision, as well as present a counterclaim (part 1 of Art. 43 GPK RF). Such a lawsuit cannot be presented to them.

A. Savostin,

assistant Judge Mamontovsky

district court.

17.11.2019

(the official revision of Article 42 of the Code of Civil Procedure of the Russian Federation, the full text of the article)

1. Third parties that declare independent requirements regarding the subject of the dispute can enter into cases before the adoption of a court decision by the court of first instance. They enjoy all rights and carry all the obligations of the plaintiff, with the exception of the obligation to comply with the complaint or other pre-trial order to resolve the dispute, if it is provided for by the federal law for this category of disputes.

In relation to persons who declare independent requirements on the subject of the dispute, the judge makes a definition of recognition by their third parties in the case under consideration or refusal to recognize them by third parties to which a private complaint may be filed.

2. Upon joining a third party, declaring independent requirements on the subject of the dispute, the consideration of the case is made from the very beginning.

Commentary on Article 42 Code of Civil Procedure of the Russian Federation. Third Party, who declare independent requirements regarding the subject of the dispute

Article 42 of the Code of Civil Procedure of the Russian Federation defines the legal status of third parties that declare independent claims. Third Parties, who declare independent requirements regarding the subject of the dispute, are persons, the rights and obligations of which may affect the court decree, which have logistical interest in the permission of a case that does not coincide with the interest of the plaintiff or the defendant.

To recognize the face by a third party with independent requirements from him, the claim should be included in the court, in which the subject of the dispute will coincide with the subject of the dispute on the Civil Court already initiated by the court. The third person with independent requirements is different from the sico (), since its requirements are different from the claims of the plaintiff. The third person will always require the decision to make a decision in its favor, excluding fully or partially the claimant's requirements.

Attracting a third party with independent requirements can be carried out on the initiative of the court, the third party or other persons participating in the case (see :). According to the results of consideration of the issue of third parties, the court makes a definition that recognizes or refuses to recognize by a third party. The establishment of a court on recognition by third parties is not filed, but the arguments of disagreement with such actions of the court may be included in the appeal against the court decision.

On the definition of a court on refusal to recognize a third party can be submitted a private complaint. However, the submission of such a complaint does not suspend consideration of the case, the court allocates materials on this issue and sends them to a higher court.

The third party with independent requirements for the subject of the dispute has the same rights as other persons participating in the case (). In addition, it can take advantage of the rights of the claimant listed in, that is, to change the subject or reason for the claim, increase or decrease the amount of claims, refuses its claim. It is possible to conclude a settlement agreement between a third party and the defendant, if it does not affect the rights and legitimate interests of the plaintiff (most often in such cases is the settlement agreement between the plaintiff, the third person and the defendant).

According to article 42 of the Code of Civil Procedure of the Russian Federation after the entry of a third party with independent requirements in the case, the consideration of the case begins from the very beginning, that is, the deadlines begin to flow again.

02.01.2019

The application for the involvement of a third party in a civil case can be filed to court at any time until the end of the consideration of the case. The plaintiff may indicate third parties in the text of the claim when applying for a court, then it is not necessary to apply a separate application.

Persons participating in the consideration of the case have the right to declare a petition for the involvement of third parties at any stage of the trial. Third parties can perform on the side of the plaintiff and on the respondent side. It is not necessary to point out on whose side will be a third party in the text of the petition not necessarily.

For recognition by a third party with independent requirements, it is served:

When satisfying the declared petition, the court makes a definition about the involvement of third parties in the case. In this case, the court session is postponed, third parties are notified on the time and place of the court session, they are invited to issue their position under the case under consideration. The court decision on attracting third parties is not subject to independent appeal.

Sample application for the involvement of a third party

Sample application (petition) on the involvement of third parties to participate in the case of the latest changes in legislation.

IN _________________________
(Court name)

Plaintiff: _____________________
(FULL NAME, address)

Application for the involvement of a third party to participate in business

I filed a lawsuit to the court to _________ (FULL NAME) O _________ (indicate what is the claim).

During the preparation for the consideration of the case, it turned out that the court order could affect the rights and legitimate interests of the third person _________ (FULL NAME or the name of the third person, address).

In accordance with Article 43 of the Civil Procedure Code of the Russian Federation, third parties who do not declare independent claims regarding the subject of the dispute can enter into the case on the side of the plaintiff or the defendant before adopting the court of first instance of the court order, if it may affect their rights or responsibilities for relation to one of the parties. They can be involved in participation in the case also at the request of persons participating in the case, or at the initiative of the court. Upon joining the process of a third party, which does not declare independent claims on the subject of the dispute, the consideration of the case in the court is made from the very beginning.

Based on the above, guided by