Section III. Intervention/Participation
43. (Assisting intervention)
A third party having a legal interest in the outcome of litigation may participate in the
litigation in order to assist one of the parties.
44. (Application for assisting intervention)
1. An application for assisting intervention shall state clearly the party on whose behalf
the intervention is sought as well as the reasons for the intervention, and shall be
made to the court in which acts of litigation based on intervention are to be
conducted.
2. An application for assisting intervention may be made together with acts of
litigation that can be conducted by an assisting intervenor.
45. (Objection to assisting intervention, etc.)
1. Where a party objects to an application for assisting intervention, the court shall
decide, by ruling, whether to grant or deny the application. In such cases, the
prospective assisting intervenor shall show to a preliminary showing the grounds for
assisting intervention.
2. The objection referred to in Paragraph 1 may not be raised if such party has made
statements during preparatory procedure for oral argument or has made argument
during oral argument without raising the objection.
3. A Chomtoah appeal may be made against the ruling described in Paragraph 1.
46. (Acts of litigation by assisting intervenor)
1. An assisting intervenor may advance offensive or defensive measures, raise
objections, file appeals, submit motions for retrial, or otherwise conduct any act of
litigation in the action. However, this shall not apply to acts that cannot be
conducted by the assisted party at the time intervention occurs.
2. An act of litigation conducted by an assisting intervenor shall be invalid if it is
inconsistent with an act of litigation conducted by the assisted party.
3. An assisting intervenor may conduct acts of litigation, even where an objection has
been raised to such intervention, until a decision denying intervention has become
final and binding.
4. Where an act of litigation conducted by an assisting intervenor has been ratified by a
party, such act shall be valid even where a decision denying intervention has become
final and binding.
47. (Effect of judgment against assisting intervenor)
In an action that has been entered by an assisting intervenor, where a decision adverse to
the assisted party has become final and binding, the assisting intervenor is bound by
such decision as between the assisted party and the assisting intervenor, except in the
following situations:
(a) where the assisting intervenor could not conduct acts of litigation due to the
provisions of the second sentence of Paragraph 1 of Article 46 (Acts of litigation
by assisting intervenor);
(b) where the acts of litigation conducted by the assisting intervenor were invalid due
to the provisions of Paragraph 2 of Article 46 (Acts of litigation by assisting
intervenor);
(c) where the assisted party obstructed the acts of litigation conducted by the assisting
intervenor;
(d) where the assisted party intentionally or negligently failed to conduct acts of
litigation that could not be conducted by the assisting intervenor.
48. (Application of joint litigation principles to a special type of assisting
intervention)
1. Where the binding effect of a final judgment is to extend as between an assisting
intervenor and the adversary party to the assisted party, the status of the assisting
intervenor in the litigation shall be equivalent to that of a joint litigant under Article
41 (Rules regarding trial in compulsory joint litigation).
2. In cases described in Paragraph 1, the provisions of Paragraph 2 of Article 46 (Acts
of litigation by assisting intervenor) and of subparagraphs (b) and (c) of Article 47
(Effect of judgment against assisting intervenor) shall not apply.
49. (Intervention as joint litigant)
1. Where the subject-matter of an action is to be determined only jointly between one
of the parties and a third person, the third person may intervene in the action as a
joint litigant.
2. The provisions of Article 44 (Application for assisting intervention) shall apply
mutatis mutandis to applications for intervention under Paragraph 1.
3. Applications for intervention under Paragraph 1 shall be made in writing.
4. The written application described in Paragraph 3 shall be served on the other joint
litigants and on the adversary party.
50. (Notice of action)
1. The parties to an action may, at any time, during the pendency of the action give
notice of the action to third parties entitled to intervene.
2. Notice of an action shall be made by filing with the court a writing stating the
grounds therefor and the current progress of the litigation. The court shall serve this
writing on the persons who are to receive it and on the adversary party in the
litigation.
3. Even where a person receiving notice of an action does not intervene therein, for
purposes of the application of Article 47 (Effect of judgment against assisting
intervenor), such person shall be deemed to have intervened at the time intervention
became possible.
51. (Action against plaintiff and defendant as joint defendants)
1. A third person who alleges that all or part of the rights comprising the subject-matter
of an action between other persons belong to such third person may, at any time
during the pendency of the action, file a separate action against both parties to that
action as joint defendants with the court of first instance in which the underlying
action was filed.
2. Where a separate action is filed pursuant to Paragraph 1 while the underlying action
is pending in the court of first instance, the court in which the action was filed may
consolidate the two cases.
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