Post by account_disabled on Mar 5, 2024 22:20:22 GMT -5
Although party capacity, litigation capacity and authority to pursue the case are related to the personalities of the parties to the case (procedural law problem); The title of party is related to the subjective right (substantive law issue) in question. (the right to sue) belongs to the owner of that right (active hostility); may demand his right from the person who is obliged to comply with that right (defendant title - passive hostility). Who is the owner of the subjective right and who is obliged to comply with that right, or more clearly, who is the plaintiff and defendant in a case, is not a procedural law issue, but a substantive law issue since it relates to the essence of the subjective right in question.
The absence of an adjective is not a France Telegram Number Data defense, but an objection that prevents the birth of the right in question between the persons who appear as parties in the case. IAlthough party capacity, litigation capacity and authority to pursue the case are related to the personalities of the parties to the case (procedural law problem); The title of party is related to the subjective right (substantive law issue) in question. The authority to sue a subjective right (the right to sue) belongs to the owner of that right (active hostility); may demand his right from the person who is obliged to comply with that right (defendant title - passive hostility).
Who is the owner of the subjective right and who is obliged to comply with that right, or more clearly, who is the plaintiff and defendant in a case, is not a procedural law issue, but a substantive law issue since it relates to the essence of the subjective right in question. The absence of an adjective is not a defense, but an objection that prevents the birth of the right in question between the persons who appear as parties in the case. I
The absence of an adjective is not a France Telegram Number Data defense, but an objection that prevents the birth of the right in question between the persons who appear as parties in the case. IAlthough party capacity, litigation capacity and authority to pursue the case are related to the personalities of the parties to the case (procedural law problem); The title of party is related to the subjective right (substantive law issue) in question. The authority to sue a subjective right (the right to sue) belongs to the owner of that right (active hostility); may demand his right from the person who is obliged to comply with that right (defendant title - passive hostility).
Who is the owner of the subjective right and who is obliged to comply with that right, or more clearly, who is the plaintiff and defendant in a case, is not a procedural law issue, but a substantive law issue since it relates to the essence of the subjective right in question. The absence of an adjective is not a defense, but an objection that prevents the birth of the right in question between the persons who appear as parties in the case. I