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The nature of the disputed legal relationship, the effectiveness of the sentence depends on the summons of all who must be joiners”. An example of a necessary joinder, provided for by law, is the spouse who seeks to file a lawsuit regarding real estate law, as pointed out in paragraph 1 of article 73 of the New CPC : Art. 73. The spouse will need the consent of the other to propose an action that concerns real real estate rights, except when married under the regime of absolute separation of assets.
§ 1 Both spouses will necessarily be cited for the action: I – that deals with real estate rights, except when married under the regime of absolute separation of assets; II – resulting from a fact that concerns Albania Phone Number both spouses or from an act carried out by them; III – based on debt contracted by one of the spouses for the good of the family; IV – whose purpose is the recognition, constitution or extinction of liens on the property of one or both spouses. Optional litigation The optional, in turn, does not necessarily need to be trained (as the name suggests).
It can be formed by parties who, by mutual agreement, decide to file the action together, complying with criteria II and III of article 113 of the New CPC. Returning to the example of flour pills, the formation of a consortium was possible for women injured by the inefficiency of the pill, saving money and time, but it was not mandatory for the process to exist. Regarding the character of the court decision When it comes to judicial decisions aimed at more than one person, the judge's decision can be unique for everyone involved, or separate, having different weights for each of the parties involved.
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