{"title":"民事诉讼法争议主体第三人无独立请求权:构建新的法律结构之路","authors":"Dmitriy A. Guziy","doi":"10.18572/1812-383x-2021-5-12-16","DOIUrl":null,"url":null,"abstract":"In the article the statutory concept of non-party interveners is analyzed from a new perspective. The author stands out the idea that substantive nexus of such persons doesn’t always occur with one of the parties only. It is drawn out and proved that it possibly occurs with both parties simultaneously, with the other non-party interveners. The author casts doubt on the prevailing abstract concept and proves that sometimes judgement may have an impact on rights and responsibilities of non-party interveners not nearly only in relation to one of the parties. The diversity of its potential substantive impact is drawn out. Distinguishing the issue in law with the disputed substantive legal matter the author concludes that non-party interveners may be subjects of the latter. Such aspect should be considered as constitutive feature of the relevant statutory concept.","PeriodicalId":254727,"journal":{"name":"Arbitrazh-Civil Procedure","volume":"1 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2021-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Third Parties Filing No Independent Claims with Respect to the Dispute Subject in the Civil Procedure Law: On the Way Towards the Formation of a New Legal Structure\",\"authors\":\"Dmitriy A. Guziy\",\"doi\":\"10.18572/1812-383x-2021-5-12-16\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"In the article the statutory concept of non-party interveners is analyzed from a new perspective. The author stands out the idea that substantive nexus of such persons doesn’t always occur with one of the parties only. It is drawn out and proved that it possibly occurs with both parties simultaneously, with the other non-party interveners. The author casts doubt on the prevailing abstract concept and proves that sometimes judgement may have an impact on rights and responsibilities of non-party interveners not nearly only in relation to one of the parties. The diversity of its potential substantive impact is drawn out. Distinguishing the issue in law with the disputed substantive legal matter the author concludes that non-party interveners may be subjects of the latter. Such aspect should be considered as constitutive feature of the relevant statutory concept.\",\"PeriodicalId\":254727,\"journal\":{\"name\":\"Arbitrazh-Civil Procedure\",\"volume\":\"1 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2021-05-20\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Arbitrazh-Civil Procedure\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.18572/1812-383x-2021-5-12-16\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Arbitrazh-Civil Procedure","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.18572/1812-383x-2021-5-12-16","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Third Parties Filing No Independent Claims with Respect to the Dispute Subject in the Civil Procedure Law: On the Way Towards the Formation of a New Legal Structure
In the article the statutory concept of non-party interveners is analyzed from a new perspective. The author stands out the idea that substantive nexus of such persons doesn’t always occur with one of the parties only. It is drawn out and proved that it possibly occurs with both parties simultaneously, with the other non-party interveners. The author casts doubt on the prevailing abstract concept and proves that sometimes judgement may have an impact on rights and responsibilities of non-party interveners not nearly only in relation to one of the parties. The diversity of its potential substantive impact is drawn out. Distinguishing the issue in law with the disputed substantive legal matter the author concludes that non-party interveners may be subjects of the latter. Such aspect should be considered as constitutive feature of the relevant statutory concept.