It is property disputes that are most often found in judicial practice. Their main feature is that they are subject to monetary value. The category of material disagreement includes all disputes that arise from civil law relations regarding property belonging to one of the parties, issues of transfer of law, division, material damage, compensation for damage, and so on. It can be anything, the main thing is that the subject of the dispute lends itself to material evaluation.
Jurisdiction
The sole authority to resolve property disputes is the court. Which one should be addressed is decided separately in each specific situation.
All disputes between civilians are resolved in the courts of general jurisdiction (district or city), as well as with the justice of the peace. You must contact him if the subject of the dispute is estimated at up to 50 thousand rubles. If the cost is higher, then you should contact the court of general jurisdiction. The application can be submitted both at the location of the defendant, and at the location of the plaintiff.
The body that resolves property disputes between enterprises and institutions is the arbitration court. It will also have to be addressed if one side is an individual and the other is a legal entity.
Some controversial situations require a mandatory pre-trial settlement. The size of the state duty for such claims is determined based on the value of the property.
Limitation of actions
The statute of limitations begins from the moment the person finds out that his rights have been violated. In cases related to the performance of certain obligations, the period shall be determined from the moment the obligation was to be performed. If the act or transaction does not clearly define the time frame for execution, then the limitation period begins from the moment when the person whose rights have been violated has presented a claim to the other party.
The general limitation period is 3 years.
Draw up a lawsuit
Claims for property disputes, like any other, are compulsory in writing. The application itself in court consists of several sections.
Without fail, the document begins with a “heading”, where the details of the court are indicated, where the plaintiff addresses, his and the defendant’s data. After that, the title of the document and a brief subject of the dispute, for example, “... on damages for .... in total ... ".
The main part of the document prescribes information about how the plaintiff and defendant entered into legal relations. It should clarify the facts in which it was found that the rights were violated, indicate the amount of damage caused.
Further, the request for compensation for material damage and other compensations that the plaintiff wants to receive for the unlawful acts of the defendant are prescribed in the application.
Without fail, documents should be attached that confirm all the facts written in the statement. Also, their list is indicated directly in the statement of claim.
Evidence base
Property disputes in court are mandatory only if there is evidence of a violation of rights. They may be acts of damage, photo and video. If the goods after the purchase were transferred for repair, then copies of receipts for the acquisition and repair should be provided. In cases of damage to health, it is necessary to attach an extract from the hospital, prescriptions and receipts for the purchased medicines.
Simply put, almost any documents can act as evidence of damage. It will not be superfluous to involve eyewitnesses in the process, if they were.
Can a judge refuse to accept a statement of claim
Sometimes a judge refuses to open proceedings. Most often this happens if the plaintiff has not passed the pre-trial settlement of the dispute. For example, in disputes with carriers or with mail, such a procedure is mandatory. In some cases, plaintiffs go to the wrong court. They may refuse to consider if there are already decisions made on claims in the same situation and with respect to the same citizens or legal entities.
In such situations, the judge makes a determination, which may contain information about the refusal to consider the case or leaving it without movement until the fulfillment of certain requirements.
Is it possible to challenge the refusal
Legislation provides for the possibility of appealing a refusal. The plaintiff has the right to file a private complaint with a higher authority or in the same court where it was refused.
However, this can only be done within 10 days from the receipt of the refusal. Private complaints are not subject to state duty. You can skip a ten-day period solely for a good reason, for example, due to illness and a long business trip.
Disputes between spouses
This is a fairly extensive category of property disputes. Similar conflicts arise both between spouses, married, and persons in a civil marriage. Judicial practice shows that despite the fact that the Family Code recognizes civil marriage, judges are more on the side of legal marriages.
Courts often refuse to share an apartment, even if the couple has lived together (without registration) for at least 5 years and they have a joint child. If the housing is designed for the husband, and it was not possible to prove the financial participation of the common-law spouse in the acquisition of the apartment, then the court refuses and does not regard this property as common joint property.
In cases where the wife manages to prove that she paid the apartment (for example, there are receipts for repayment of the loan), the judge can divide the apartment into shares, the value of which will depend on the financial contribution of each party, given that the cost of housing overhaul increased significantly.
The same situation if the housing is registered for a common-law spouse.
The second category of property disputes, which is often found in judicial practice, is the division of housing that was acquired before marriage. By law, such property can be regarded as joint. For example, thanks to the spouse in the purchased apartment, which is framed for the spouse, a major overhaul was carried out, all pipes, windows, doors were replaced, counters were installed and so on. If the wife really succeeds in proving this, then the judges often take the side of the woman and share the apartment.
Debt collection
To date, the problem of debt collection is very relevant. This is due to the fact that it is rather difficult to punish a debtor. Hence the impunity. Naturally, it is best at the stage of signing the contract to minimize all risks of debt default, but this does not always happen.
Judicial practice in this matter suggests that in almost 100% of cases, the judge takes the side of the creditor. But problems arise later, when it comes to collecting a writ of execution.
Disputes over obligations
A large layer in the bodies that resolve property disputes between enterprises is occupied by cases on the fulfillment of obligations under contracts. This is not only non-payment of the transaction, but also deliveries in violation of the terms, a delay in the transfer of leased property and so on. If we talk about individuals, then most often there are lawsuits to evict tenants who not only do not want to move out, but also do not think to pay rent.
Property division
The division of real estate and movable property may not only be between spouses. Quite a lot of cases about the division of inheritance. This is mainly due to the fact that after the completion of the inheritance, all heirs become owners of the common shared property. But sometimes the heirs are not even close people, so living in the same house in such situations is not possible, as well as sharing the property by agreement of the parties. It is in such situations that the heirs meet in court to solve problems.
The resolution of property disputes related to the recognition of property rights is also quite common. The plaintiff in this case is the person who is the owner of any property, but his rights are not recognized. The defendant is a person who has taken possession of the plaintiff’s property, since he does not recognize his rights. The evidence base is any documents confirming the plaintiff.
Collection of wages
This category of litigation is conditionally divided into two types:
- Penalties for labor incorrectly accrued.
- Recovery of unpaid wages.
Property disputes in this case have a rather diverse judicial practice, since judges decide cases in favor of the party that will provide more evidence of their innocence.
An example is the case when the regional court took the side of the employer. The plaintiff demanded that he pay extra wages for night work and work at the end of the working day. However, the defendant was able to prove that the extra charge for overtime work and at night was carried out and was stipulated in the employment contract in the amount of 20%.
There are many court decisions in favor of the plaintiffs, when employees were able to prove that they were involved in work on weekends and holidays.
Do I need professional help
In fact, all disputes related to property are quite multifaceted and complex. Only in rare cases can the plaintiff independently prove his case. It is a lawyer for property disputes that helps to understand the intricacies of the case, relying on their own knowledge in this area. The services of a lawyer will achieve the following results:
- Collect debt under the contract.
- Compensate for material and moral damage.
- Divide fairly property or other inheritance.
- Get compensation, penalties and fines.
- To oblige the negligent employer to pay wages.
It is recommended to consult a lawyer immediately after a conflict. The specialist will adjust the actions of the plaintiff and help to collect all the evidence.