According to the jurist: Given the existence of
Indeterminate, but determinable, number of people as defendants, this is characterized by the so-called “multitudinous passive consortium”. Precisely because there is this indeterminate number of people as defendants, it is a difficult, if not impossible, task to demand from the plaintiff the perfect identification and qualification of each of the defendants, as well as knowledge of the places where they reside or domicile. Furthermore, according to paragraph 2 of art. 113, New CPC, the deadline will be interrupted according to the procedure below: § 2 Therequest for limitation interrupts the period for manifestation or response, which will begin again after the notification of the decision that resolves it.Open your account at Projuris ADV Limitation on the formation of a joint venture To avoid turmoil within a process, making its resolution difficult, the court in charge of the dispute may limit the number Albania Phone Numberof parties involved in the knowledge, sentence settlement and execution phases, if it argues that the number of people is compromising the rapid completion of the process. . This possibility is important to prevent several people from filing their own demands and resources in a process with a plurality of parties, thus causing the common procedural process to not work, which could result in a common process taking a huge amount of time to complete.
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Paragraphs 1 and 2 of article 113 of the New CPC deal with the subject. § 1 The judge may limit the optional litigation in terms of the number of litigants in the knowledge phase, in the settlement of the sentence or in the execution, when this compromises the rapid resolution of the dispute or hinders the defense or compliance with the sentence. § 2 The limitation request interrupts the period for manifestation or response, which will begin again with the notification of the decision that resolves it. How to appeal a decision on a joint dispute It is important to understand that the inclusion or exclusion of a co-defendant has major impacts on the legal relationship and the resolution of the dispute.
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