Understanding Legal Subjects and Procedural Capacity in Litigation
Legal Subjects and Their Interests
The Parties Involved
Legal subjects are individuals whose interests are central to legal proceedings. According to Chiovenda, a party is someone who initiates a voluntary action under the law. Calamandrei describes parties as the key figures in the courtroom, with the plaintiff driving the process.
Plaintiff or Applicant
This is the individual who initiates the legal action, either personally or through a representative. They are considered a party in both a formal and material sense, according to Devis Echandi. Material subjects are those directly involved in the legal relationship, while formal subjects are those participating in the process itself. Carnelutti distinguishes between the subject of interest (material party) and the subject of the action (formal party).
Capacity to Be a Party
Capacity to Enjoy Rights
This refers to the ability of a subject to hold and benefit from legal rights.
Capacity to Exercise Rights
This is the ability to actively enforce and utilize one’s rights and obligations. Larrañanga and Rafael Jose Catillo define capacity to be a party as the ability of a natural or legal person to have legal capacity.
Procedural Capacity
This is the ability to validly participate in legal proceedings and take procedural actions. Legal persons can appear through their representatives. Couture defines legitimación ad processum as the fitness to participate in a process on one’s own behalf or on behalf of another.
Personality and Legitimacy
Legal personality encompasses all legal attributes of a person. Ovalle Favela explains that legitimación ad causam refers to the specific status of the parties related to the object of the litigation. Legitimacy is an external condition, independent of the general conditions of the person.
Litis Consortium
While typically involving a plaintiff and defendant, complex cases may involve multiple parties, known as litis consortium (Latin for “dispute” and “community”).
Types of Litis Consortium
- Active Litis Consortium: Two or more people act as plaintiffs.
- Necessary Litis Consortium: The law requires parties to act together due to the nature of the dispute.
- Voluntary Litis Consortium: Multiple parties choose to act together but could also act separately.
Common representation is often mandatory when multiple plaintiffs or defendants are involved.
Representation and Substitution
Replacing Parties
Podetti discusses the replacement of a party by another acting in their name. Substitution occurs when the law or a contract allows certain subjects to act in a process, even temporarily. Devis Echandi notes that this involves a special form of substituted legitimacy.
Procedural Duties of Parties
- Maintain order
- Comply with the judge’s decisions
- Refrain from presenting false documents or witnesses
- Avoid promoting disruptive events
- Cooperate with the judge
- Testify truthfully under oath
Power of Attorney
This involves entrusting another person (an agent) to represent oneself in legal proceedings. The mandate can be for acts of ownership, administration, or litigation. It can be general or specific, requiring specific clauses for certain actions.
Legal Representative or Attorney
This individual has the rights and obligations of an attorney for lawsuits and collections.
Grounds for Termination of Mandate
- Revocation
- Resignation
- Death of the grantor
- Interdiction of either party
- Expiry of the term
- Completion of the business
Grounds for Termination of Injunction
- The grantor performs the action or files the opposition
- The grantor’s legal personality ends
- The grantor transfers litigation rights
- The grantor appoints another attorney in the same proceeding
Third Parties
Business Management
This occurs when a person manages the affairs or property of another without formal authorization.
Third-Party Interveners
These are individuals who are not parties to the process but have an interest in the outcome. Exclusive third parties are those affected by the execution or assignment of assets resulting from the judgment.
Lawyers
, Calamandrei. 2 Proponents of a psychological and a technical nature. Advocate means assisting a litigant to his counsel or his presence. Bar Patron. Adviser directs the acompañr advised clientea proceedings. Attorney, intervening more intec is that not only assists the INRES, but acts on it. Anglo-Saxon system. The solicitor. And the barrister. The ministry public, transormaciones of political and social order.