소송고지와 피고지자에 대한효력에 관한 연구

Abstract

The notice of suit is said the notification of the fact of the lawsuit continuance to the third party who does the lawsuit participation by the person concerned while the lawsuit is continuing and has the interest according to a constant method saying. On the other hand, simultaneously, such a notice of suit system to those who notify according to the notice of suit with information of the fact of the lawsuit continuance to the third party etc. and giving the chance that it is possible to participate in the lawsuit to protect an own profit by participating in the lawsuit to person who has received a notice of lawsuit as a result of the lawsuit. The main actual profit is in the point that the disadvantage of the lost case can be allotted by causing the effect of person who has received a notice of judgment of the suit (Article 79) when I lose a suit. Grounds that caused the effect of the trial for the defendant wise man who had not participated with the procedure and basic a right in the intervenor after all if the defendant wise man who received such notice of suit notification did not participate in spite of the notice of suit not secured examined what it was. The effect of doing supplementary participation nothing but the author and in an existing participated effect’s generating a constant effect between a supplementary intervenor, the intervenor, and the opponent interpreting this, “Effect of the trial” any legal character’s whether it existing in being restrained to the effect according to participation when participating in defendant according to the notice of suit. It was thought that it was an interpretation that being solved all at once by the dispute of the law between the person concerned in cases with the interest agrees with the outline of the participation system as a result. Consequently, this is not simply seen in an effect of the notice of suit alone while instituting the doubt to an existing opinion that the same effect as the case to participate for the purpose of the notice of suit system causes it when the defendant acquaintance doesn’t participate in spite of the notice of suit. I will interpret as the pattern the effect exclusion reason why the grounds are provided by (Article 77) while presenting the opinion of not reaching the defendant acquaintance in whom the effect according to the trial result of no participation of the defendant acquaintance participated to solve this while instituting the problem of the compulsion of the security of the procedure and basic a right to the defendant acquaintance and the intervention in an action etc. that is.