real party in interest

real party in interest
Person who will be entitled to benefits of action if successful, that is, the one who is actually and substantially interested in subject matter as distinguished from one who has only a nominal, formal, or technical interest in or connection with it. Maryland Cas. Co. v. King, Okl., 381 P.2d 153, 156.
Under the traditional test, a party is a "real party in interest" if it has the legal right under the applicable substantive law to enforce the claim in question. White Hall Bldg. Corp. v. Profexray Division of Litton Industries, Inc., D.C.Pa., 387 F.Supp. 1202, 1204.
Real party in interest within rule that every civil action in federal courts must be prosecuted in name of real party in interest is the one, who, under applicable substantive law, has legal right to bring suit, Boeing Airplane Co. v. Perry, C.A.Kan., 322 F.2d 589, 591;
and not necessarily person who will ultimately benefit from the recovery. First Nat. Bank of Chicago v. Mottola, D.C.I11., 302 F.Supp. 785, 791, 792.
See Fed.R.Civil P. 17.
Under Fed.R.Civil P. 17(a), a guardian, executor, bailee, and the like, may sue in his own name without joining the party for whom the action is brought.
See also parties
+ real party in interest
Fed.R. Civil P. 17(a) provides that every action shall be prosecuted by the "real party in interest." The adoption of this rule was intended to change the common law rule which permitted suit to be brought only in the name of the person having the legal title to the right of action, and thus precluded suit by persons who had only equitable or beneficial interests. Under the rule the "real party in interest" is the party who, by the substantive law, possesses the right sought to be enforced, and not necessarily the person who will ultimately benefit from the recovery. This is illustrated by the further language of the rule stating that executors, administrators, and other named representatives may sue in their own name without joining with them the party for whose benefit the action is brought.
See party

Black's law dictionary. . 1990.

Игры ⚽ Поможем сделать НИР

Look at other dictionaries:

  • real party in interest — see party 1b Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. real party in interest …   Law dictionary

  • Real party in interest — In law, the real party in interest is the one who actually possesses the substantive right being asserted and has a legal right to enforce the claim (under applicable substantive law). Additionally, the real party in interest must sue in his own… …   Wikipedia

  • real party in interest — The person to be benefited by, or entitled to receive the benefits of, the suit. More precisely, that person who can discharge the claim upon which suit is brought and control the action brought to enforce it, Usually but not necessarily the… …   Ballentine's law dictionary

  • real party in interest — 1. : the party entitled to the benefits or proceeds of a cause of action (as an assignee or subrogee) as distinguished from the person ordinarily entitled to maintain the action 2. : the party primarily responsible for a liability or obligation …   Useful english dictionary

  • true party in interest — Same as real party in interest …   Ballentine's law dictionary

  • party — par·ty n pl parties 1 a: one (as a person, group, or entity) constituting alone or with others one of the sides of a proceeding, transaction, or agreement the parties to a contract a person who signed the instrument as a party to the instrument… …   Law dictionary

  • interest — in·ter·est / in trəst; in tə rəst, ˌrest/ n [probably alteration of earlier interesse, from Anglo French, from Medieval Latin, from Latin, to be between, make a difference, concern, from inter between, among + esse to be] 1: a right, title, claim …   Law dictionary

  • party — A person concerned or having or taking part in any affair, matter, transaction, or proceeding, considered individually. A party to an action is a person whose name is designated on record as plaintiff or defendant. M & A Elec. Power Co op, v.… …   Black's law dictionary

  • real — adj [Anglo French, concerning land, property, or things (rather than persons), from Middle French, from Medieval Latin and Late Latin; Medieval Latin realis relating to things (in law), from Late Latin, actual, from Latin res thing, fact] 1 a: of …   Law dictionary

  • Real estate appraisal — Real estate appraisal, property valuation or land valuation is the practice of developing an opinion of the value of real property, usually its Market Value. The need for appraisals arises from the heterogeneous nature of property as an… …   Wikipedia

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”