Concursus Law and Legal Definition
Concursus refers to a legal rule, whereby, after a ship owner’s limitation fund has been duly constituted, other legal proceedings in respect of the casualty concerned is stayed. Under this rule, claims resulting from the casualty must be filed against the limitation fund and disposed of in a single limitation proceeding.
A concursus proceeding is one in which two or more persons having competing or conflicting claims to money, property, or mortgages or privileges on property are impleaded and required to assert their respective claims contradictorily against all other parties to the proceeding.[Rehab. Concepts Plus, Inc. v. Wills, 968 So. 2d 262 (La.App. 2 Cir. 2007)].
Concursus is a form of procedure and has been characterized as a facility or means of applying the substantive law. The primary purpose of the concursus statute is to avoid a multiplicity of suits and actions, and it contemplates a proceeding leading to a single judgment which finally adjudicates all issues between the parties.
The following is an example of a state statute (Louisanna) defining concursus:
A concursus proceeding is one in which two or more persons having competing or conflicting claims to money, property, or mortgages or privileges on property are impleaded and required to assert their respective claims contradictorily against all other parties to the proceeding.[ La. C.C.P. Art. 4651]
