Intervention in Litigation in the Civil Proceedings: A Comparative Study

Abstract

The Jordanian, Iraqi, and French legislators have allowed a nonparty to intervene in ongoing litigation as a matter of right before the courts, even if he is not a party in litigation nor a representative by joining one of the parties to support their point of view in the case. This is called the joint intervention. The Jordanian legislator did not allow this intervention for the first time before a court in accordance with the principle of litigation in two degrees. While the Iraqi and French legislators who expressly stated that it is permissible, and allowed the others to intervene and demand an independent right from the litigating parties and against them. This is called the original intervention, under the conditions, procedures and controls stipulated by the law. At the same time, the original litigants are allowed to introduce a third party under an executive ruling or a decision by the court. This is called a third party litigation.  The Jordanian legislator defined the cases permitting the introduction of an intervener under a court order exclusively. It was more reasonable for the Jordanian legislator to the give the court the powers to assess these cases and not limit them to specific ones as conducted by the Iraqi and the French legislators.

Keywords: Intervention, introduction, third party, litigation.

DOI: 10.7176/JLPG/85-11

Publication date:May 31^st 2019