Comments on article 233. Decision in favor of several plaintiffs or against several defendants of the Civil Procedure Code of the Republic of Kazakhstan
1. When making a decision in favor of several plaintiffs, the court in the operative part of the decision indicates in which part it applies to each of them, or indicates that the right of recovery is solidary.
2. When making a decision against several defendants, the court in the operative part of the decision indicates what actions and to what extent each of the defendants must perform in favor of the plaintiff, or indicates that their responsibility is in solidarity.
1. Plaintiffs may combine independent claims against one or more defendants in one statement of claim. The court also has the right to combine several claims into one proceeding.With a plurality of parties, the content of the operative part of the decision in relation to the accomplices depends, first of all, on the grounds of complicity, which are determined by the nature of the disputed material legal relations and their subject composition.
2. The court must rule against each of the plaintiffs and each of the defendants. A joint recovery may be indicated in the decision if the subject of the dispute is the common law of the plaintiffs. For example, the defendant caused damage to the common property of the plaintiffs, and the court's decision obliges him to compensate for it.A court decision may indicate joint and several liability if the subject of the dispute is their common duty. For example, the harm to the plaintiff was caused by the joint actions of the defendants.The possibility of specifying in the decision the joint right of recovery in favor of the plaintiffs or the joint liability of the defendants does not mean that it is excluded, if there are named grounds for complicity, making a decision indicating the share of each plaintiff in the common law or the share of each defendant in the common duty. In case of joint infliction of harm by several persons, the court has the right, in the interests of the victim, to apply shared liability instead of joint liability (Article 932 of the Civil Code).
LIBRARY OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN
Astana, 2016
UDC 347 (574)
By 63
ISBN 978-601-236-042-4
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