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Types of lawsuits. Lawsuit in civil and criminal proceedings

A lawsuit is a citizen's claim addressed to a court. The need for it arises if the interests and rights of a person are infringed. Filing a claim is carried out in a certain order. It is established by law. Next, we consider in more detail the concept and types of claims. types of claims

Key Definitions

The first thing to consider is the subject of the claim. This term means, in fact, for what a person goes to court. The subject of the claim should be distinguished from the subject. The latter includes property in relation to which there is a dispute. The subject is directly the claim, obligations and rights that the court must consider in order to reach a fair decision. The subject may seek to award, acknowledge, or change something.

The plaintiff has the right to demand enforcement measures against the defendant. For example, a creditor asks through the court to pay the debt, the owner asks for the return of property. The application may contain a requirement to establish paternity, divorce, and so on. In one case, the plaintiff is interested in confirming that legal relations exist between him and another citizen, in the other - that they, on the contrary, are absent. The subject of the claim, therefore, is a claim of a substantive type or the entire legal relationship between the applicant and the defendant.

Content of the appeal

It indicates the type of protection required by the applicant. Depending on the content of claims are divided into certain types. Using the elements of the application, the court individualizes it. This is necessary, for example, when resolving the issue of whether this claim had previously been accepted by another judge, or whether a decision had been previously made on this requirement.

To do this, the identity of the application with those considered or in production is established. Those claims in which the grounds and subject matter coincide, and the same subjects participate in the dispute, will be considered identical. In such cases, the court must either refuse to accept the application or terminate the proceedings (if it was taken by mistake), or leave it without consideration.

Classification

The division into types of claims can be carried out on various grounds. The basis for the classification is the substantive or procedural characteristic. The second sign has the greatest value in judicial practice. In science, there are several categories of requirements. Let's consider them in more detail.

Award Applications

Claims of this kind are aimed at the compulsory implementation of civil law - the recognition of a claim arising from subjective legal possibilities as legitimate and subject to enforcement. In such appeals, the applicant asks the court to oblige the defendant to perform certain actions or to refrain from them. For example, this may be a requirement to repay a debt, pay damages, not create obstacles for disposing of property and so on. Due to the fact that the applicant asks to oblige the defendant to fulfill obligations, such appeals are called award claims. In accordance with the court decision, a writ of execution is issued. lawsuit in civil proceedings

Main components

Enforcement claims (awards) are closely related to substantive requirements. They act as their procedural form and reflect their legal status. The subject of such claims is the requirement that the defendant fulfill his duties. This may be the transfer of things, the performance of work, the payment of alimony, the provision of services and so on. subject of action [The basis in this case are law-producing circumstances.Associated with them is the emergence of a relationship between the parties to the dispute. This may be, for example, the fact of signing an agreement, issuing a sum of money, writing a work, and so on. The circumstances may also be associated with the appearance of a claim. We are talking, for example, on the due date of payment, non-fulfillment of a contractual obligation, violation of authorship and others. The content of such claims is directly addressed by the applicant to the court to award the defendant to perform an action or to abstain from it. It is reflected in the petition item.

Recognition requirements

Such claims are aimed at establishing (confirmation) by the court of the absence or presence of a legal relationship. For example, the applicant demands to establish paternity, invalidate marriage, establish authorship, and so on. The purpose of such appeals is the elimination of disputes about the law. The uncertainty of legal possibilities or obligations in itself, even if they have not been violated, contributes to the need for protection.

For this, the court makes an appropriate decision. Such claims are also called “installment”. They are not intended to award action. Their task is the preliminary or official establishment of a legal relationship. And followed by a claim for award. For example, after the claim for recognition of authorship is satisfied, the plaintiff may file a new claim - to recover compensation for the illegal use of the work and compensation for damage.

Components

The content of the claim may be negative or positive. The latter are considered such requirements when the applicant asks to acknowledge the existence of any legal relationship between him and the defendant (establishing paternity, authorship, and so on). If the requirement is aimed at recognizing the absence of a legal relationship, then the content is considered negative (establishing the invalidity of a marriage, will, will, transaction, etc.).

As the subject of the claim is directly the material relationship between the subjects of the dispute. The legislation also provides for cases of consideration of disputes on the recognition of legal relations between co-defendants. The grounds for such requirements are law-producing and law-terminating circumstances. The first takes place with a positive, and the second, respectively, with a negative content of the statement. In this case, there are no facts that confirm the existence of opportunities for the enforcement of rights. concept and types of claims

Conversion requirements

There are types of claims that are aimed at terminating, creating or changing a legal relationship that has substantive status. As a rule, the parties to the dispute resolve the situation without the participation of the court, on their own. However, in some cases there is a need to draw up a transformative lawsuit. In a civil proceeding, this kind of appeal implies that certain actions of the defendant should be carried out only under judicial control. For example, usually a marriage is dissolved in the registry office. But in accordance with Articles 21-23 of the UK, marital relations can be terminated in a judicial proceeding.

Substantive classification

Such requirements relate to the relationship of participants. So, for example, the court may consider a labor, family, criminal lawsuit. The requirement may relate to land law. Often there is a need to file a claim for compensation for moral damage, to protect dignity and honor. When purchasing low-quality goods, the applicant may demand the restoration of his consumer rights. For each of these groups, a legal institution may be defined. For example, a lawsuit in a civil proceeding may be housing, inventive, copyright, and so on.

Personal and property requirements

Some types of lawsuits have names that have survived since Roman law. So, a requirement aimed at returning property from someone’s illegal use is called vindication. The basis in this case is the right of ownership. There is also negative claim. It is also based on ownership, but has a different focus. In particular, the purpose of the requirement is to eliminate the possibility for an outsider to make decisions regarding the disposal of the thing. When individualizing applications, it is necessary to take into account the subject and the basis in each case. filing a lawsuit

Counterclaim

The legislation establishes the right of the defendant to state independent claims in response to claims on the initial appeal. A counterclaim must be filed during the proceedings for joint consideration with the original statement. It should have a certain connection with the initial requirement. Joint consideration of the main and counter statements allows you to more fully examine the existing legal relations between the parties. This, in turn, helps to make the most correct and fair decision. Joint review also significantly reduces meeting time and trial costs.

Specificity

Counterclaim acts as a more active activity of the defendant in comparison with objections. For example, the landlord requires the person to be evicted from the premises where he lived with the tenant who died. The plaintiff states that the defendant is a temporary tenant. The latter, in turn, claims that he was introduced into the premises of the tenant as a member of the family. If the defendant is able to collect and transfer to the court evidence that he has become a permanent resident, he can sue for recognition of his rights to the square. The application in response to the initial requirements must be drawn up accordingly and paid by the state duty. Counterclaim can be used at any stage of the proceedings.

Special category

The right to claim is an independent legal opportunity of a citizen. The content of this category provides two ways of implementation. In particular, a citizen has the right to file and satisfy a claim. If a person has these powers, he will receive judicial protection. If necessary, to resolve the dispute on economic legal relations, the applicant shall file an arbitration claim.


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