Post by messi23 on Mar 12, 2024 0:25:11 GMT -10
The new Code of Civil Procedure in order to create mechanisms to implement the disregard of legal personality provided for an incident of disregard a type of intervention by third parties as it causes the entry of a third party partner or other legal entity from the same corporate group in court . Article of the CPC provides that the incident will be initiated at the request of the party or the Public Prosecutor's Office when it is up to them to intervene in the process see that the CPC was based on article of the CC which contains a similar provision prohibiting the official role of the magistrate.
With the discipline of the incident of disregard of legal Germany Phone Number personality by the new CPC and due to the provision of article of the CPC which prohibits a priori the magistrate's ex officio action doubts may exist about the possibility of ex officio intervention to disregard legal personality in consumer relations. Initially it is worth clarifying that in consumer relations the decree of disregarding the legal personality may be ex officio . The Federal Constitution in article XXXII stipulates that the State will promote in accordance with the law consumer protection. Thus the Constitution itself recognized consumer vulnerability as a fundamental feature of protection.
This is because when the Constitution provided in article that the State must promote consumer protection it is because it recognized that this individual is vulnerable compared to the other contractual partner in this case the supplier expert in the relationship. Otherwise if they were partners consumer and supplier who acted in the relationship on an equal footing it would not make sense for the Constitution to provide for the defense of one of them. The principle of isonomy should only be applied to the extent that it treats unequals unequally. And that is precisely what happens with consumer protection in the Constitution.
With the discipline of the incident of disregard of legal Germany Phone Number personality by the new CPC and due to the provision of article of the CPC which prohibits a priori the magistrate's ex officio action doubts may exist about the possibility of ex officio intervention to disregard legal personality in consumer relations. Initially it is worth clarifying that in consumer relations the decree of disregarding the legal personality may be ex officio . The Federal Constitution in article XXXII stipulates that the State will promote in accordance with the law consumer protection. Thus the Constitution itself recognized consumer vulnerability as a fundamental feature of protection.
This is because when the Constitution provided in article that the State must promote consumer protection it is because it recognized that this individual is vulnerable compared to the other contractual partner in this case the supplier expert in the relationship. Otherwise if they were partners consumer and supplier who acted in the relationship on an equal footing it would not make sense for the Constitution to provide for the defense of one of them. The principle of isonomy should only be applied to the extent that it treats unequals unequally. And that is precisely what happens with consumer protection in the Constitution.