Civil Code Litisconsorcio

17 For the Carnelutti teacher: " it classifies them in " simple and reciprocal, " according to a plurality of actors one will only face one or several demanded against an actor, well in the second category, demanda" will face more of an actor more than one; 18 According to the time From the moment of its formation is classified: original Litisconsorcio successive Litisconsorcio original Litisconsorcio: When the plurality of subjects appears from initiation of the process. Successive Litisconsorcio: When the plurisubjetividad (plurality of subjects) appears after its unfolding. In the same sense, Palaces Linen " it classifies to litisconsorcio in original and successive, first they present/display a plurality that materializes in the stage postulatoria with the demand or its answer; in the seconds: the plurality is materialized when getting up itself to the process already initiated, by means of the intervention of third parties in its different modalities. 19 the doctrine leaning in the will of the legislator is becoming that litisconsorcio original the plurisubjetividad comes formed with the demand, in other terms, will exist plurality of subjects from the beginning of the process; however: in litisconsorcio happened 20 the plurisubjetividad structure after the demand, in simple terms, takes place during the desenvolmiento of the process. Finally: According to the source or base of origin, to litisconsorcio it would be classified to him in: special or qualified necessary Litisconsorcio. Facultative or simple Litisconsorcio. We consider that before giving an extension to this classification of litisconsorcio, next we will outline a small statistical chart of how the national doctrine makes a clear division in conformity to our Civil Code and other compared legislations such as the case of Chile or Uruguay. Facultative Litisconsorcio In the doctrine can be denominated to him like litisconsorcio voluntary. She is one appears technical in which the presence of several subjects in a determined process is not obligatory 21 This modality unlike litisconsorcio necessary, it is formed when more than a person the quality of demanded actor acts in the process assuming or, in defense of an own interest and particular, it is for reasons of opportunity or convenience, the litigants are independent, the people are not intrinsically ligatures in the material relation, she follows that for the actions of subjects against others they can be begun is necessary that these are born from a same title contract or legal business of where emanates the right or have foundation in a same one cause to request 22; by spontaneity in its formation, the facultative one is distinguished, if it comes from the voluntary agreement of litisconsortes.