Civil disputes are one of the most common categories of law. In the arbitration process there is a subject of protection: property relations of organizations. Civil procedural law, in turn, provides for a special procedure for organizing and conducting defense.
About the concept and definition
Civil disputes are disagreements between citizens. Features of the process are that the legal entities can also be the subjects of this type of legal relationship. Code of Civil Procedure of the Russian Federation provides a huge list of issues about which problematic situations may arise in the light of civil proceedings.
The most common type of dispute is disagreement over the distribution and consumption of property goods. It can occur between two individuals or between a citizen and an entrepreneurial organization. But in no case can two companies resolve a property dispute in a civil court; this is the prerogative of arbitration law.
About types and classifications
Civil disputes have a huge number of types and classifications on various grounds. This trend is easily explained by the fact that civil proceedings are authorized to solve a wide range of issues. For example, one of the most popular classifications is the division of disputes on the subject of the claim: environmental law, family law, civil, property and personal non-property relations, patent and copyright, labor law and so on.
Many do not know that the decision on criminal liability, as well as the passing of acquittals or convictions, is the competence of a civil court. This category of “disputes” is considered in the field of criminal proceedings in a special manner.
It is worth noting that civil disputes within one classification can be divided into several subspecies, but this will be discussed in the next chapter.
Property disagreement
A dispute arising from property-related civil matters is perhaps the most common. This category is divided into several subspecies:
- Violation of property rights.
With the consent of the defendant with the requirements presented, a pre-trial procedure for the settlement of the dispute is resolved. If a citizen does not agree with the accusation, a full civil procedure begins. The features of this subspecies are that the violation is associated with the right of ownership: illegally seized property, destroyed or damaged thing.
There are situations when property is not encroached, but the owner does not have the opportunity to dispose of the thing. Civil law of the Russian Federation also solves such a range of issues. For example, when a neighbor regularly blocks KamAZ's driveway to the garage.
Violation of the requirements of the contract is the most popular issue of civil procedure law. Many people, writing an obligation in their name in writing, do not try to fulfill them. There are many examples of such legal facts. The borrowed money must be repaid, the mortgage and loans paid in a timely manner, and the premises leased must be properly used.
Each of us wants the offender to be punished, and damaged property paid for and restored. This category of disputes involves a pre-trial procedure for the settlement of a dispute under general conditions: consent of the defendant. Broke a window in a car? Spoiled an expensive thing? Caused moral damage? Only a civil court will be able to resolve the controversial situation!
Family - nowhere without it
Although to a lesser extent, family relations are regulated by civil law. This industry concerns both the control of personal non-property and property relations . The latter, in turn, are divided into several subspecies:
- Personal disputes: with whom the child will live in case of divorce of parents, who will be engaged in his upbringing, questions of divorce.
- Family property: the division of things, the ratio and shares of property, the child’s participation in this type of legal relationship, as well as child support constitute the subject of family property relations.
Labor disputes and housing law
The procedure for the consideration of civil disputes relates to housing and labor problem situations. The subject of consideration is public relations regarding the illegal dismissal, transfer, non-payment by the employer of wages, the illegality of the penalty, as well as the liability of the employer and employee in conjunction with recourse obligations.
Housing disputes relate exclusively to housing, but not as property, but as an object of residence and use. So, the purchase and sale of an apartment will not be the subject of a housing dispute, but eviction from an apartment will fit into this category.
Public disputes
A little less common in judicial practice are constitutional problem situations. So, in accordance with national legislation, a citizen has the right to apply to the court in case of violation of his constitutional rights. For example, he was not included in the voters list and officials refuse to do so in the future. Cases of this nature are extremely rare, since the implementation of constitutional rights is carried out either by the authorities of the subject or municipal authorities, for which careful control is established.