Procedural Law: Standing, Litis Consortium, and Intervention

Class Standing

• Ad procesum: Procedural standing.
• Ad causam: Standing regarding the cause of action.
  • Activa: Eligibility for the applicant.
  • Passive: Standing to be sued.
• Regular: Exercised by the owner of the right in the process.
  • Direct: Held from the beginning.
  • Indirect: Received from a third party.
• Special:
  • Representative: Exercise of a right in the interest of others.
  • Substitute: Exercise of others' rights in one's own interest.
  • Direct (1522 CC): Direct legal standing.

Methods of Litis Consortium

• Temporal Classification:
  • Native: Takes place from the beginning of the process.
  • Occurred: Occurs after the process has started.
• Structural Classification:
  • Active: Multiple applicants.
  • Passive: Multiple defendants.
  • Mixed: Multiple individuals on both sides.
• Voluntary vs. Required:
  • Voluntary: Based on the will of the parties (usually native).
  • Required: Imposed by law or court (e.g., co-owners).
    • Own: Required by law.
    • Improper: Required by the courts.
  • Quasi-Required: A form of voluntary consortium (e.g., solidarity, where you can sue one or all).

Types of Intervention

• Voluntary: A third party requests to enter the process.
  • Principal: Approach incompatible with the claims of the plaintiff and defendant.
  • Adhesive: Adheres to a third party.
    • Litis consortium
    • Simple
• Forced:
  • By Judge
  • On Request:
    • Call for security
    • Laudatio or nominatio auctoris
    • Call for heirs

Accumulation Classes

• Initial: Occurs at the time of the demand.
  • Objective: The applicant collects several actions against the same defendant.
  • Subjective: The same action is raised against several defendants.
  • Simple: Accumulation of several actions against the defendant.
    • Principal: All actions are at the same level.
    • Accessory: Some actions are major, others are ancillary.
  • Alternative: Choosing between one or another (forbidden in our legal system).
  • Eventual: Arises when a major action is paired with subsidiary actions in the event the principal fails.
• Occurrence: Occurs after the demand.
  • Insertion: A process moves forward and others join it.
    • Enlargement
    • Counterclaim: Performed by the respondent.
  • Process Accumulation: Two processes are started separately, and the court is asked to consolidate them.