What is litisconsortium?

Litisconsortium is a legal concept which refers to the situation in which several people join together in a lawsuit or trial, either as plaintiffs or defendants. In other words, it is the existence of more than one party in the same legal process where a lawyer could help you.

Litisconsortium can be voluntary or necessary. In the case of voluntary litisconsortium, the parties decide to join in the lawsuit by their own choice. On the other hand, necessary joinder occurs when the law requires the presence of more than one party in the proceedings, such as in the case of lawsuits in which several persons have a common right or interest.

What types of litisconsortium are there?

There are different types of litisconsortium, which vary according to the way in which the parties are joined and their relationship to each other. The following are some of the most common types of legal consortium:

• Active litisconsortium: occurs when two or more persons act as plaintiffs in the same legal proceedings. In this case, all parties have a common interest in the matter at issue, and they join together to present their claim together. This type of litisconsortium may occur, for example, in a tort case, where several persons suffered damage caused by the same act or omission.
• Passive litisconsortium: occurs when two or more persons are defendants in the same legal proceedings. In this case, all parties are being sued for the same matter and have a common or shared liability. This type of litisconsortium may occur, for example, in a civil liability case, where several persons are accused of having caused damage to a third party.
• Mixed consortium: this occurs when there are several plaintiffs and defendants in the same legal proceeding. In this case, the parties may have conflicting interests, and they join together in the same proceeding to resolve their differences. This type of litisconsortium may arise, for example, in a case of breach or defective performance of contractual obligations.
• Optional litisconsortium: this occurs when several parties voluntarily decide to join together in the same legal proceedings. In this case, there is no legal obligation for the parties to join, but they decide to do so for convenience or because of their common interests. This type of litisconsortium can occur in different types of cases, from civil cases to labour or administrative cases.
• Unitary litigation: this is when the parties join together in a single proceeding, but only one judgment is issued for all parties. In this case, the parties must have common interests. - Necessary joint and several: this occurs when the law requires the presence of several parties in the proceedings and each party is responsible for the full payment of the debt or performance of the obligation.
• Necessary litisconsortium: this occurs when the law requires several parties to be joined in the same legal process. In this case, there is no option for the parties to act separately, and they must join together in a single proceeding to resolve the matter in question. This type of litisconsortium may arise in cases of family law, inheritance, horizontal property, among others.

What are the advantages and disadvantages of a litisconsortium?

Litisconsortia can have advantages and disadvantages for the parties involved. Some of the advantages are the possibility of reducing costs and time in the process, the opportunity to have a greater defence of common interests and the possibility of coordinating actions together. On the other hand, some of the disadvantages are the complexity and difficulty of the process, the possible need for specialised legal representation and the possibility that decisions and agreements may have to be made by consensus.

When could there be a litisconsortium?

In general, lisconsortium occurs when there are links between the parties involved that make it necessary or convenient to join their claims or defences in a single proceeding. For example, in a condominium case, where several persons own different units within the same building, it may be necessary for all of them to be defendants or plaintiffs in a single proceeding to resolve a conflict of interest between them.

In general, the litisconsortium aims to ensure the unity of the proceedings, avoiding contradictory decisions.

In short, the litisconsortium is a legal figure that occurs when several persons join in the same judicial process, either as plaintiffs or defendants. There are different types of litisconsortium, which vary according to the way in which the parties are joined and their relationship to each other. Litisconsortium can have advantages and disadvantages for the parties involved, and its use will depend on the circumstances and objectives of the particular case.