Constitutional Court

10 In the relevant thing to the requirements of procedural character, these is going to affect to the subjects of the tie process by the substantial relation legal, that must have capacity to be material and procedural part, to contain the denominated conditions of the action, as well as unit and indivisibilidad; as far as the judge, this one must recognize the actions that correspond to each litisconsorte, and must procure the absence of reasons for abstention and rejection. Therefore, litisconsorcio in three cases will exist: a) When in a process are several people like demanded prosecutors or; b) When third parties concur to the process that meet the indicated requirements; c) When accumulation of processes with different parts exists and exists community of pretensions between some of them. 11 Litisconsorte and third parties For Escriche, mentioned by FLOREZ POLE, " litisconsorte is the one that litigates by the same cause or interest that another one, comprising with him a single or of actor. 12 Paralelamente, the Argentine doctrine illustrates to us of the hand of PEYRANO- that litisconsortes are parts, in strict sense, of the procedural legal relation, unlike the third party, that (.) it is nonnecessary the possible procedural subject for the benefit of the jurisdictional activity that, without being part, has " chance" to participate in a pending procedural relation in measurement of the legal interest that shows and through institute technically denominated intervention. 13 In a litisconsorcial process because appears so many pretensions or oppositions as subject litisconsortes. 14 This set of people integrated in a same position constitutes a unique procedural part, although complex, the main effect of litisconsorcio consists of which all the pretensions are discussed in a same process and they are solved in a sentence. Nevertheless, if a malignant tumor existed during the process and it is not fulfilled, in conformity causing defenselessness to one of the parts; on the matter, the Constitutional Court considers that the purpose of the invalidities is to assure the constitutional guarantee the defense of the judgment. .


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