Procedural succession in the civil process: the basis and difference from replacing the improper defendant
The life of a person is not homogeneous in itsessence. Quite often each of us is overcome by any difficulties. Coping with them is helped by hard work and iron will. But there are times when a person needs to go to court to solve a particular problem. This body is the key agency in which legal protection is provided. In addition, the court is a single body that has the authority to resolve disputes between individuals. The mere fact of applying to the submitted body is legally valid and justified. From the moment the application is submitted to the court, the process begins. Disputes on the private life of individuals and legal entities are considered in the civil procedure. A procedure of this kind has a large number of rather specific moments, of which not everyone knows. For example, very often in the process there is a situation when the procedural succession is realized. In most cases, it is confused with the replacement of an improper defendant or even the removal of a subject. However, procedural succession in the civil process is an integral, independent institution that plays a rather significant role.
What is the civil process?
Judicial proceedings can betwo perspectives. On the one hand, it is a limited activity aimed at finding objective truth in a particular case, on the other - this is the category of civil procedural law of the Russian Federation. But what exactly does this phenomenon represent? The civil process is an activity regulated by the norms of the same legal branch, aimed at considering private law cases and resolving disputes. In addition, the procedure also provides for the enforcement of acts of the judiciary. But it should be noted that the civil process is impossible without the participation of some actors. After all, they are the basis of the existence of the proceedings.
What are the subjects of the process?
Procedural succession in civilprocess is an industry institute directly related to the activities of persons who participate in the procedure. This makes it necessary to clarify key statements about them. According to the current Civil Procedure Code of the Russian Federation, there are several key "characters" that participate in the consideration of specific cases. These include the court, the parties (the defendant and the plaintiff), third parties, experts, the prosecutor, etc. Each of the persons represented makes a contribution to the process. Therefore, their activities are quite important. The dispute is directly between the plaintiff and the defendant. These individuals provide evidence of their interests. However, there are times when a person leaves the process for reasons beyond his control. Such situations are pretty much in the judicial practice. If a person, for example, a defendant, dies, then the process does not end there. His powers can pass to another subject, which is a manifestation of the succession institution. This fact is a key opportunity that the parties have in the civil process. In this case, procedural succession is a right and an equal responsibility.
Succession: concept, meaning
The represented institute exists not only incivil process. Its foundation was developed in the theory of law itself. Thus, succession represents the actual transfer of certain legal opportunities from one person to another. As a rule, subjects should be simultaneously participants of some legal relations. Thus, the composition of participants of this or that interaction varies, but its essence remains unchanged. Succession, as we understand it, is a purely legal category, the branches of which exist in each industry. It should be noted that the succession does not exist in a uniform form. Each branch brings its own specific moments into it, which quite significantly change the entire institution without exception.
The concept of procedural succession
If we are talking specifically about civilization, then herethe institute is endowed with a huge number of features. Thus, the procedural succession in the civil process is the actual replacement of one participant in the procedure, who left it for certain reasons, another, the proper subject. In this case, it should be noted that the category is not applicable in all situations. The moment of succession is regulated by the Civil Code of Russia, as well as by other similar normative acts. Together, this all speaks about the existence of certain conditions for the use of the institute.
It should also be noted that the succession incivil process is not a single similar institution. It must be distinguished from complicity and replacement of an inadequate respondent, because these institutions have nothing in common with the category considered in the article.
Procedural complicity and succession in the civil process - differences
It was previously indicated that succession is oftenis confused with other institutions of the domestic legal system. If we consider the procedural complicity, then this institution fixes the peculiarities of the claim of several plaintiffs to one or more defendants. As we see, there is nothing in common with succession, in which only a substitution of one subject for another is carried out. In addition, complicity and the institution presented in the article have different regulatory regulations. Succession, and, more precisely, its key features are enshrined in Article 44 of the Civil Code of the Russian Federation. In turn, the lists of complicity can be found in the norm of Article 40 of the same legal act.
What is the difference between replacing an improper defendant and succession?
Shuffling the parties in the process can cause moreone rather interesting institute. Such is the replacement of the improper defendant. According to Article 41 of the Civil Procedure Code of the Russian Federation, at the time of preparing the proceedings for consideration, the court has the right to replace the defendant if it reveals the inexpediency of his participation. In this case, the person who should not legally participate in the whole procedure is recognized as inadequate. The procedural complicity and succession in the civil process does not affect the issue of the expediency of participation of a specific subject. The transfer of existing legal opportunities occurs after the party leaves the procedure for reasons that are independent of the court and other entities.
Conditions of application of the Institute
The grounds for procedural succession incivil process is quite different. As we know, the outcome of the judicial procedure is very difficult to predict, especially in the civil sphere. More often than not, civil procedural succession arises at the death of a citizen or the reorganization of a legal person. These legal facts are the most universal. In such cases, the hereditary mass of the deceased or reorganized person passes to his heirs. Together with the property, the rights and obligations, including procedural ones, also pass to the subjects. This is what leads subsequently to the succession. Nevertheless, there are also other conditions of procedural succession in the civil process. An excellent example is the cession of the right of claim or the assignment of a debtor's obligation to others.
Legal registration
The Institute of Succession is characterized not only byreplacement of the party in the process, not even the specifics of its procedure. It begins with the search for a proper heir. When it is defined, it must issue a statement of procedural succession, which will ask the court to "let" him into the proceedings. In turn, the authorized body grants admission to the person who is the heir. The court also has the right to attract a relevant subject as a legal successor on the basis of a personal initiative.
When is succession impossible?
Not in all industries, the use of the institution mentioned in the article is permissible. In the standard version, a person who leaves the procedure is replaced by a proper person.
Conclusion
So, we tried to answer the question thatsuch procedural succession in the civil process. The problems of the Institute are relevant. After all, in practice, lawyers often have to deal with situations directly related to the succession.
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