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1.) How can third-party notice (TPN) be described in general?
2.) What are the main effects of judgments on persons who were given TPN?
3.) Is there a binding effect with regard to the legal assessment in the main proceeding?
4.) Is there a binding effect with regard to established facts which the third person could not challenge in the main proceeding e.g. because they were uncontested by the parties?
5.) Does TPN produce its effects irrespective of whether the third person did join in the main proceeding or not?
6.) Does TPN affect the relation between the third person and the opponent of the notifying party?
Participation by third parties in civil proceedings is governed by Articles 78 to 81 of the Law on civil procedure. According to the first paragraph of Article 78 of the Law, on the participation of third parties in civil proceedings, a third party in civil proceedings is a natural or legal person whose rights or obligations in relation to one of the litigating parties may be affected by the judgment in the case. The aim of involving the third party in legal proceedings is to promote an all-round elucidation of the facts of the case and to ensure procedural efficiency by allowing that third party to provide explanations and to state their viewpoint on the claims made. If a person who might have been entitled to appear as a third party in a case does not intervene, this does not deprive that person of their rights in any other manner or prevent them from defending their interests in a separate action. However, it is worth bearing in mind that the intervention of a third party in the case may affect the way in which the initial claim is resolved. This is important, for example, when a subsequent claim for compensation comes to be considered, since it follows from Latvia’s national rules of civil procedure that a subsequent claim can be looked into only after the examination of the initial claim, and the facts accepted in the grounds of the decision on the initial claim cannot be examined afresh by the court.
Third parties may be admitted to intervene in the case until such time as the proceedings on the merits before the court of first instance have been completed. They may also be called upon to participate in the proceedings at the request of one of the parties or the prosecutor. Depending on the nature and degree of their interest, third parties are classified as (1) third parties with an independent claim; or (2) third parties without an independent claim.
Third parties that present an independent claim in relation to the subject matter of the dispute can intervene on application: in principle their independent claim is directed against both the defendant and the applicant. They have the same rights and obligations as the applicant (see Article 79 of the Law on civil procedure). The position of a third party with an independent claim differs from that of a party supporting the applicant, or a joint applicant, in that those parties’ claims are not directed against one another, whereas satisfaction of the third party’s claim would in principle preclude satisfying that of the applicant.
Third parties that do not present an independent claim in relation to the subject matter of the dispute can intervene in support of either the applicant or the defendant if the judgment in the case might affect the intervener’s rights or obligations vis-à-vis one of the litigating parties. Third parties that do not present an independent claim have the same procedural rights and obligations as the litigating parties except that they cannot alter the grounds of the claim or subject matter, increase or diminish the extent of the claim, withdraw the application, acknowledge claims, conclude settlements or request enforcement of the court’s judgment. Submissions asking for third parties to be called, and submissions by third parties asking to intervene in support of either the applicant or the defendant, must set out the grounds for calling the third party or granting them leave to intervene in the case (Article 80 of the Law on civil procedure). Third parties without an independent claim usually intervene in cases where there is a possibility that one of the parties might subsequently seek redress from them, or in related cases, or in cases where the third party may themselves bring a subsequent action depending on the outcome of the initial action.
Thus it follows from the provisions of Articles 78 to 81 of the Law on civil procedure that the judgment in a case in which a third party participates is binding on the third party, and the judgment can be enforced against the third party (or the third party can apply for the enforcement of the judgment), only in those cases where the third party submitted an independent claim. The judgment nevertheless produces legal effects for the third party in any event, in the sense that the facts established in that judgment are binding with respect to any subsequent claim based on the initial proceeding.
Informații momentan indisponibile
- in Latvia, the district (or city district) court (‘Rajona (pilsētas) tiesa’) in whose jurisdiction the rulings are enforced.
Application for recognition or application for refusal of recognition (Article 36(2) and Article 45) is to be submitted to the district (or city district) court (rajona (pilsētas) tiesa) in whose jurisdiction the rulings are enforced or to the district (or city district) court (rajona (pilsētas) tiesa) in whose jurisdiction is declared place of residence of defendant, but in case of absence of declared place of residence, in whose jurisdiction is residence or legal address of defendant,
- in Latvia, the regional court (‘Apgabaltiesā’), through the district (or city district) court (‘Rajona (pilsētas) tiesa’) that handed down the decision
- in Latvia: Articles 27(2), 28 (3), 28 (5), 28 (6) and 28 (9) of the Law on Civil Procedure
- in Latvia, Articles 78, 79, 80, 81 and 75 of the Law on civil procedure
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