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Chapter 404 Fairy Cloud Villa (8)

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    ?

    After all, Rose failed to sell the villa as she wished.

    When Rose thinks that a few strong men live in the villa in Building No. 3, staring at her every move every day, and maybe even set up a high-powered telescope facing her room, Rose can hardly sit or sleep.

    These days, Rose draws all the curtains at home tightly, like a celebrity who prevents sneak shots.

    Overthinking and being in a bad mood made Rose haggard a lot.

    Now, Rose hoped that the case would go to trial sooner, and when the dust of the case was settled, Shen Xianyun would not be able to do anything to her.

    Shen Xianyun heard about Rose's situation in the daily reports, and felt that Rose was like a pet that she held in her hands and let her play with it wantonly. On the contrary, she hoped that the case would not start so soon.

    The mentality of the two people was completely reversed.

    Rose wanted to sell the villa privately, but Shen Xianyun told Lin Yunfei with embellishments, and now Lin Yunfei completely hated Rose.

    Shen Xianyun thought, Lin Yunfei must not be allowed to see Rose again, if Rose tricks her again, Lin Yunfei will no longer be soft-hearted.  Just seeing each other forever, I believe that Lin Yunfei's thoughts on Rose will gradually fade away.

    Shen Xianyun glanced at the shorn red roses in the corner vase, and snorted coldly: "It's so beautiful, it's still in my palm."

    One month later, the case between Shen Xianyun and Rose started.

    Before the trial, Shen Xianyun and Rose met each other outside the court.

    Seeing Rose, Shen Xianyun sneered and said, "How dare you come by yourself? Why is the little girl so thick-skinned now?"

    Rose did not show any weakness, and said to Shen Xianyun: "All these methods of mine were taught to me by Yunfei. Hehe."

    "You!" Shen Xianyun admitted that she was really mad at Rose.

    The two wanted to say more, but the judge had already taken his seat. The two snorted coldly at each other, turned around and walked into the courtroom.

    After a while, Rose must look good, Shen Xianyun vowed.

    Shen Xianyun must be embarrassed for a while, Rose made up her mind.

    The presiding judge was a male judge in his forties named Liu Yifeng.

    Liu Yifeng glanced at Rose who was sitting on the dock, thinking that such a pretty little girl could do something wrong, she insisted on destroying her family.

    It must be that the core socialist values ??are not firmly established.

    Shen Xianyun sat on the plaintiff's seat, looking coldly at the other side who looked haggard but couldn't hide Rose's beautiful face. With this skin, Rose dared to snatch the family and man she had cared for for more than ten years!

    Shen Xianyun really wanted to slap rose!

    Rose took a deep breath in her heart, facing Shen Xianyun, the air was filled with a strong smell of gunpowder!

    Rose's mother joined the lawsuit as the third party in the case.

    The third party in civil litigation refers to the right to claim independence for the subject matter of litigation between others, or although he does not have the right to claim independently, but has a legal interest in the outcome of the case, and thus participates in the litigation that has begun between others.  The person who went to the lawsuit.  Based on whether or not the object of litigation between others has an independent right of claim, the third party is divided into: a third party with an independent right of claim and a third party without an independent right of claim.

    A third party with an independent right of claim refers to a person who participates in a lawsuit that has already begun by filing an independent claim with the plaintiff and the defendant as defendants.  A third party with an independent right of claim can conduct examination and determination from the following two aspects:

    (1) File an independent claim for all or part of the subject matter of the case.  If the plaintiff and the defendant in this lawsuit are fighting for the ownership of a certain real estate, and the third party believes that the real estate does not belong to the plaintiff or the defendant, but belongs to himself, his claim is an independent claim. At this time,  He may apply to participate in the lawsuit as a third party with an independent claim;

    (2) Those who claim that their rights have been damaged due to the outcome of the lawsuit can also participate in the lawsuit independently.  If both parties to the contract collude maliciously and damage the interests of the third party, when the parties to the contract file a lawsuit due to a dispute over the contract, if the third party believes that the contract should be invalid, the third party may act as the third party with an independent claim  Volunteer to join the lawsuit.

    Generally, a third party with an independent right of claim should apply for participation in the lawsuit as a third party on his own initiative, and the people's court where the party has not filed a lawsuit request should not take the initiative to conduct the trial.

    In trial practice, it is sometimes easy to confuse the necessary co-litigant and the third party with independent claim, especially for the additional party, it is difficult to distinguish whether it is the necessary co-litigant or the third party with independent claim  , therefore,??In order to correctly determine the third party with an independent right of claim, it is also necessary to clarify the difference between the two litigants.

    ?The so-called necessary joint litigation refers to a lawsuit in which one or more parties are involved, the subject matter of the lawsuit is common, and the people's court must try it jointly.  The joint plaintiffs or joint defendants in the necessary joint action are the joint litigants.  If the creditor claims rights against the guarantor and the guarantor together in a lawsuit brought on a dispute over a guaranty contract, the people's court shall list the guarantor and the guarantor as co-defendants.  people.  Combined with the above-mentioned concept of a third party with an independent right of claim, we can see that they mainly differ in the following three aspects:

    First, they have different attitudes towards the subject matter of the dispute.  The object of action disputed by the necessary co-litigants is common and is a party to the disputed legal relationship, who jointly enjoy the rights and undertake the obligations in the same legal relationship; however, the action brought by the third party with an independent right of claim is different from this action  The subject matter of the lawsuit is not common, and has no common rights and obligations with the plaintiff or defendant in this lawsuit.

    Second, the litigation status is different.  The necessary co-litigants can only have disputes with the other party in the lawsuit. The additional co-litigants who participate in the lawsuit either belong to the plaintiff or become co-plaintiffs, or belong to the defendant or become defendants. It is between the plaintiff and the defendant.  dispute; a third party with an independent claim right to participate in the lawsuit neither stands on the side of the plaintiff nor the defendant of this lawsuit, but exists independently of the plaintiff and the defendant, and is on the same side as the plaintiff and the defendant of this lawsuit  A party in which the defendant has a dispute can only be in the position of the plaintiff.

    Third, the methods of participating in litigation are different.  Necessary co-litigants generally participate together when the plaintiff sues or the defendant responds to the lawsuit. If they do not participate in the lawsuit, the people's court shall notify them to participate in the lawsuit and be added as the plaintiff or defendant;  Participating in litigation by actively applying for litigation.  (Remember the site URL: www.hlnovel.com
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