Revocation Of The Complaint By A Third Party Research

In the civil procedural law, the suit of the third party discharging the judgementis a system that aims to safeguard the legal rights of the third parties affecteddisadvantageously by the judgement force. However, it is not a common litigationprocedure in civil law countries, only accepted by France and Taiwan district. It just isbecause according to the civil litigation theories and practices in the civil lawcountries, it is not unanimous in the justifiability and reasonability of the suit of thethird party discharging the judgement. To clarify the above-mentioned problem, the article has argued the necessity andjustifiability of the existence of the suit of the third party discharging the judgement attwo angles of both theory and practice. On the basis, this article has demonstrated thesolo function of the suit of the third party discharging the judgement through theanalysis of comparing with the suit of retrial and the suit of the third party dissentingthe enforcement, and holds that the existing systems are not the barrier to acceptingthe suit of the third party discharging the judgement. At the end, the article considersthat as for our country realities, it is necessary but not feasible to establish the suit ofthe third party discharging the judgement in civil litigation, because it depends on thefurther progress of our relevant civil litigation systems. Structurally, the article is composed of six chapters except the parts ofintroduction and conclusion. The chapter one is about the definition and characters ofthe suit of the third party discharging the judgement, in addition to the comparisonwith the procedure of the third participation and the suit of cancellation right. Thechapter two compares the similarity and difference of the suit of the third partydischarging the judgement in France and Taiwan district and the suit of the third partyretrial. The chapter three demonstrates the justified basis of the suit of the third partydischarging the judgement at an angle of theory, including the theory of the extensionof the judgement enforce, adversary system and the theory of procedural safeguard.The chapter four argues the reality basis of the suit of the third party discharging thejudgement, such as the defrauding suit, the subrogation suit, the suit assumption, thesuit of domestic relationship and the shareholder's representative action. The chapterfive analyzes the essentials and content of the suit of the third party discharging thejudgement at the angle of action. The chapter six clarifies some particular functions ofthe suit of the third party discharging the judgement through the analysis ofcomparing with the suit of retrial and the suit of the third party dissenting theenforcement.