And to thus the national tenor dictates it, in article 93 of the C.P.C, that exactly says thus: " when the decision to fall to the process affects of uniform way to all the litisconsortes, it will be only sent validly all they appear or they are located, according to is litisconsorcio active or passive, respectively, except for legal disposition in opposite " She is one appears mainly procedural exceptional, due to the load that imposes in the conformation of the procedural relation, especially in the passive scope. Indeed, due to him, the actor cannot choose with whom to litigate, but if is decided to that process exists must necessarily demand to which they can to that they are possible to be seen affected by the thing judged of the same 33 In litisconsorcio necessary, the dependency is total since we are before the case of a causal, complex or common legitimation by virtue of that the substantial legal relation referring to the deduced pretension. 34 litisconsorcio special or qualified produces ampler effects. This litisconsorcio appears when litisconsortes exists necessity of a Uniform resolution for all the; or when the demand must be presented/displayed by several or against several. 35 Is characteristic of litisconsorcio necessary, the situation of procedural solidarity that settles down between litisconsortes.
36 As far as the terms, if some of litisconsortes fulfills an act procedural it takes advantage of or it, considers such situation to the benefit of the other. The term to resort of the sentence is individual. The resources favor, nevertheless to all the litisconsortes, with the following reservation: those that has interposed are not part but you participate before the court superior. " The sentence that ends the process, benefits or harms to all the litisconsortes and that it is allowed, when it only can make use of impugnatorios resources against her. The procedural impulse corresponds, nevertheless to each one of the litigants separately, in such a way that in case single they can start up the process, with the single obligation to make notify the others.