Fundamentals of Impleader

Abstract

This paper was prepared with the aim of outlining some of the major legal consequences generated by impleader, both in the procedural and substantive law in the field. The topic is of great value on the practical point of view, since, of all modes of intervention of third parties existing in our procedural law, the impleader is undoubtedly the most widely used species in the face of generality that involves their chances of appropriateness under article 70, paragraphs I, II and III of the Code of Civil Procedure. Indeed, a complete analysis of impleader requires knowledge of some topics distributed in various areas of law. For example, one of the most controversial issues today is whether or not the State require impleader to its employee. This question, which ultimately involves the civil liability of the State addressed in constitutional and administrative law. Possession, eviction and the right of return, matters closely related to impleader, are disciplined in the civil law, and so on. Knowing the rules of joinder (plurality of parts in a single lawsuit) is also essential, since the law itself provides that the reported exercise the role of joint party before the main action. These are just some of the themes that permeate the institution of impleader, but for now, dare we depart, taking on the challenge of understanding the fundamentals of elementary impleader as an incentive to institute thorough analysis of this procedure is so common in routine forensic.