Joinder of Actions and Conexio Causarum: A Comparative Analysis

This study aims to define the functional distinction between the joinder of actions and the connection of causes in procedural law. To avoid ambiguity, the term “identity” is used to denote the mere sharing of objective or subjective elements between two causes, reserving “connection” for its role as a title of jurisdiction.

The summa divisio lies in the foundation of competence: joinder always presupposes the original competence of the forum over all claims, configuring it as a mere discretionary faculty of the plaintiff. Conversely, connection acts as an instrument for the attraction of relative competence, allowing the forum to hear causes that would otherwise fall outside its jurisdiction. This mechanism, justified by procedural economy, is compulsory (not ad validitatem) when causes are linked by an objective identity, ensuring the consistency of judgments.

Keywords: Joinder of actions; Conexio Causarum; Competence.