Officiële Toelichting

P-12A Principle 12.1 recognizes the right to assert claims available against another party related to the same transaction or occurrence.

P-12B There are differences in the rules of various countries governing jurisdiction over third parties. In some civil-law systems, a valid third-party claim is itself a basis of jurisdiction whereas in some common-law systems the third party must be independently subject to jurisdiction. Principle 12.1 requires an independent basis of jurisdiction.

P-12C Joinder of interpleading parties claiming the same property is permitted by this Principle, but the Principle does not authorize or prohibit class actions.

P-12D An invitation to intervene is an opportunity for the third person to do so. The effect of failure to intervene is governed by various rules of forum law. Before inviting a person to intervene, the court must consult with the parties.

P-12E Forum law provides for replacement or addition of parties, as a matter of substantive or procedural law, in various circumstances, such as death, assignment, merger of a corporation, bankruptcy, subrogation, and other eventualities. It may also permit participation on a limited basis, for example with authority to submit evidence without becoming a full party.

P-12F In any event, the court has authority to sever claims and issues, and to consolidate them, according to their subject matter and the affected parties.