YEAR OF DIALOGUE AND NATIONAL RECONCILIATION

LAW SCHOOL
PROFESSIONAL SCHOOL OF LAW
FILIAL CHINCHA - 2018

THEME:
LITISCONSORCIO IN SOCIETY
English area
TEACHER: Grecia Yeren Rojas
CYCLE: II TURN: NU
STUDENT:
Castilla Pérez Johnny
2018
 DEDICATION

This work is dedicated to our families

for their dedication and motivation to
follow our dreams, is dedicated to our
heavenly father who gives us the day to
day.
 GRATITUDE
We thank the teachers who have been
educating us on this path and the
university that welcomes us.
 INDEX

DEDICATION …………………………………………………………………………..3

THANK ………………………………………………………………………………….4

I. INTRODUCTION: ……………………………………………………………………6

1.1 CONCEPT OF LITISCONSORCIO ………………………………………………...6

1.1.1 Passive Lawsuit ................................................................................................... .6

1.1.2 Active Bonding ....................................................…...............................................7

1.1.3 Money-laundering Necessary ..................................................................…...........8

1.1.4 Characteristics ....................................................................................................... .9

BIBLIOGRAPHICAL REFERENCES ........................................................................... 10

2.1 Passive Liability:
It is within a strict classification of our civil code and based on the other laws
taken by the case.
Is that according to the classification of national doctrine everything starts with
the active litisconsorcio, passive litisconsorcio and also the mixed since it is taken as an
essential basis for the origin of the other sub-branches as it is: facultative and necessary,
these come to be the fruit of the aforementioned but it must be noted that the facultative
laxative agreement is divided into its own and improper.
When studying what is the passive litisconsorcio first I will conceptualize what is
the Litisconsorcio? ... well, Enrique (2006) states: "It comes from the following words:
Litis that means conflict or litigation," with "means together," sors " it is luck what it means
to litigate together (...) "(p.76); Clear as it establishes is the faithful concept of litigation in
which several plaintiffs or defendants want to make use of the same claim.
Another concept in which reference is made from the objective point of view is
that which falls on Monroy since it establishes that this concept is patent because it
originates from an accumulation and has to be successive or original and that is how
Monroy (1993) states: "The need for their separate legislative treatment arises from the fact
that the people who make up a party as a litisconsorte, (...)" (p.29).
Manuel (2002) also states: "The main effect of the litisconsorte is that all the
claims are discussed in the same process and resolved in a judgment" (p.24).
Going to a more to deepen the passive litisconsorcio will be that when there are
several defendants then here you can come to the conclusion of vandalism groups, clans,
gangs or any other body which has committed infractions before the law or violated the
rights of certain people, here we must do by memory that what is not legally not allowed is
allowed. For each litisconsorcio obeys a same rule or criterion of original or economic
framework here you get to establish that it is given by will that falls on the parties and in a
manner connective with the requirement of law.
 It is also called as a simple Litisconsorcio since here the presence in person of
diverse or pluralities of litigants occurs and that it must have as consequence a free decision
that falls on themselves. In a similar or similar Couture tries to define (1988) states: "(...) as
the sequence or series of events that develop progressively, in order to resolve, through a
judgment of the authority, the conflict submitted to its decision "(p.99). This is how the
plurisubjetividad will take into account its essence in the part that has sued and therefore it
becomes a regular number of defendants where there will only be one actor and on the
contrary does not proceed when the joint claim is dispersed.
2.2 Active Absenteeism:
It will occur when it is originated that one of the parties in this type will be the
plaintiffs have plurality as the passive and mixed litigation serve as a basis for the origin of
the other Litisconsorcio and that is how it is typified in the Civil Code specifically in
Article 93 that when there are decisions to be taken and recaera in the process will tend to
harm all the litisconsortes and here it will only be valid for the active and passive
litisconsorcio clear this does not have a legal provision.
For a better understanding I pose the following case: If there are different people
acting as actors or that the actor litigates before several defendants, here it is established
that those who occupy the same position in front of a certain process lie in the state called
Litisconsorcio and is one of the clearest examples to be able to understand the active
litisconsorcio since everything revolves to that there are going to be several actres in front
of a certain defendant. This is how Davila (1992) states: "Lawsuite denotes the presence of
several people as actors, who, due to obligations, common rights, are united in a certain
position and ask the jurisdictional body to pronounce a decision logically and legally" (p.
.16).
Also based on Christian (1972) argues: "The duality of the parties does not mean
that only two people have to act (...) but in each of these positions can be several subjects
forming a unique and complex" ( p.86).
It should be noted that here the plurisubjetividad does not fall on the defendant
but on the plaintiff, this will be carried out when the claims linked between them would
continue to fall to the defendant as a benefit giving a greater economy in the process and
not
 It must proceed when dealing with pretensions given with different facts and with
each other claim through.
Here is going to seek to use the test because it is declared inadmissible as long as
they require compensation for events that occurred within a job as previously implied that
there is inconsistency in facts, places and claims.
Another way of not giving way to active liticonsorcio will be that the moment to
get to reconcile does not reach an agreement of the amount or the amount of average to be
paid.
2.3 Money-laundering Necessary:
This is going to originate when the law comes to dispose of it and that equitably
affects all the litisconsortes, Ana (2010) states: "Party sued or plaintiff is indivisibly filed
by more than one person, owners of the material relationship and who in Together, they
have only one pretension and one interest to act "(p.56).
Only a process is going to be given when everyone appears:
Claimant case: Emplazados
Defendant case: Opposite provision
This type of Litisconsorcio originates with the source of origin, that is, it is the
product of those Litisconsorcios taken as a base. It also arises with the presence of a
diversity of parties in the process is set in the most appropriate way according to the same
claim or judicial implications of the process.
We have to apply this Litisconsorcio when people or subjects of legal relationship
will have the same figure within the legal procedural relationship but we must know the
moments or situations of the integration of the litisconsorte there are three points that we
must take into account which are the following: with the demand of the aforementioned
parties, the judge considers opportune or necessary, and by will be coupled to the process
that itself has already begun. Like the other two this is also typified in the Civil Code,
article 93 so that the subjects are part of a similar material as well as the judicial decision
and is that not only will be part of the process the subjects is that This type of
Litisconsorcio also allows them to integrate
People to the process to be part of the Litis. Francisco (1988) states: "(...) or that of the
petition corresponding to a procedural act, without resulting from it conflicting,
antagonistic or incompatible positions with said community" (pp. 40-41).
For your best understanding, you have to exemplify a case: In a certain couple
one of the spouses wanted to sell one of the assets and achieved its purpose but the other
spouse did not know what happened so he can ask for the nullity of the contract.
Characteristics:
The only time it is dictated is unique and definitive for anyone.
The facts or acts performed must concur to all to be the most effective accorded to
the nullity field.
Bibliographic references:
Arrante, A. M. (2010). Material Relationship during the process. Barcelona, Spain: San
Luis.
Castro, C. (1972). The Duality of parties and the Litisconsorcio. Rome, Italy: Public law.
Couture, M. (1988). Derechi and the conflictive society of the twentieth century. San
Miguel, Mexico: Barbona.
Davila, D. (1992). The key to a developed process. Florence, Italy: Lovers.
Monroy, J. (1993). Accumulation. Litigation, third party intervention and procedural
succession in the Civil Procedure Code. Madrid, Spain: Debate.
Rivas, F. (1988). The Litisconsorcio and The petition. Munich, Germany: Saint George.
Vescovi, E. (2006). Origin and Essence of Litisconsorcio. San Francisco, United States:
Law.