Intervention of creditors and assignees of the participants in the division procedure

Abstract

Within the framework of the division of the object owned in common, Art. 403 of the Civil Code gives three powers to the creditors and assignees of the participants: to dispute the division, to attend to it and in certain cases, to challenge it if it is carried out without their attendance. The purpose of this study, as its title suggests, is to analyse the intervention of the creditors and assignees of the participants in the division procedure of the object owned in common and in the exercise of the powers indicated. For this purpose, the institute of intervention of the characters originally neither plaintiffs nor defendants, as provided for in Art. 13 of the Law on Civil Procedure, is examined, adapting it to the particularities of the division, with particular attention to the requirement of direct and legitimate interest, at the time of the entry of the third party into the process, the requirements of the application, the decision that resolves the request for intervention and its effects.