Permissive joinder of parties in the Law of Civil Procedure
2019
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Danışman: Dr. Öğr. Üyesi Hakan Albayrak
Özet (EN)
The case was established according to the two-party system. There are two parties in a case, the demandant and the defendant. The presence of more than one person on the side of the demandant or defendant, the case creates joinder of parties. There is a subjective multiplicity of parties in the joinder of parties. On the demandant side, there is talk of active joinder of parties and on the defendant side, passive joinder of parties. Joinder of parties aims to serve the procedural economy, preventing conflicting decisions from being made by examining closely related cases together. Joinder of parties can arise from reasons arising from material law, as well as from procedural law. In fact, joinder of parties is the reflection of the relations in the substantive law in procedural law. In this respect, joinder of parties is divided into compulsory joinder of parties and permissive joinder of parties. If there are reasons that joinder of parties, more than one person may be brought together by filing a lawsuit or more than one person may be brought together to create joinder of parties. Joinder of parties may also be brought about by merging cases during the trial or by joining parties. In cases where joinder of parties, it is optional and not optional, as in compulsory joinder of parties, if more than one person sues or suits against more than one person, that is, it is also possible to open cases separately. In the joinder of parties are independent of each other and the number of joinder of parties are up to. Although the proceedings are jointly conducted, joinder of parties may act independently during the proceedings.
Yazar
Dr. Esra Hazar
Bu Yayına Nasıl Atıf Yapılır
Esra Hazar (Master Thesis). Permissive joinder of parties in the Law of Civil Procedure, 2019, Çukurova University.
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