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The grouping of people within a dispute can occur either on the active side of the demand (represented by the plaintiff, in most cases) or on the passive side (represented by the defendant). In this way, there can be a passive joinder, where there are several defendants within the process; active, when several authors come together based on provisions II and III of article 113; or even situations of mixed litigation, where there is a plurality of parties in the passive and active poles. Active litigation Active litigation occurs when the concentration of people is at the active pole of the demand, that is, when there are several authors for the same cause.
The example we gave above of the formation of a consortium, using as a basis the 1998 event involving flour pills, can also be given as an example of a consortium in the active pole, where the Albania Phone Number thousands of women who sued the laboratory (therefore, the authors of the processes) form the litisconsortium. Passive consortium Passive joinder, in turn, occurs when there is more than one defendant in the same claim, causing people to become co-joiners on the defendant side of the dispute. In this case, the subsidiary liability of a company for the employees hired by it on an outsourced basis can be given as an example of a joinder.
If an employee of an outsourced company files a lawsuit against it, the company contracting the service participates in the process with subsidiary responsibility. In other words: a joint venture is formed, within the defendant side of the process, between the company contracting the service and the company offering the outsourced service. Mixed litigation A legal process can also occur between groups of people, with more than one person at each point of the action. This grouping situation is called mixed litigation, where there is a plurality of parties at both poles. We can use as an example of a mixed consortium a joint action by people who file a request for adverse possession of an abandoned building.
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