According to the Constitution, every citizen of the Russian Federation can count on protection in court. In case of violation of his freedoms and interests, the subject may send a request for their restoration. Refusing to appeal to the court is unlawful. The claims of the person are formulated in the lawsuit. Let us consider in more detail what it is. Samples of claims will also be presented in the article.
General information
In case of violation of rights and freedoms, citizens have the right to their protection. The court acts as a state body ensuring the restoration of infringed interests. If we consider the concept of a claim in the procedural sense , then it is a means of activating the activities of the authorized instance. The procedure within which the protection of the interests of the subject is carried out is called legal proceedings. It involves the plaintiff, defendant, prosecutor, third parties.
Subjects
The plaintiff can be both an individual and an organization. This subject expresses his claims in case of violation of any of his interests. The defendant, respectively, is a production participant, brought to justice. Third parties may act on either side. Some of these entities may express independent claims against any of the parties to the dispute.
The concept of a claim in the arbitration process, its elements and types
An interested subject, wishing to restore its interests, applies to the court with a corresponding claim. The concept of a claim should be considered through its structure. It is worth saying that the literature uses two approaches to the study.
According to the first, the concept of a claim is formed by its content, basis and subject. The second approach provides only the last two components. Most lawyers agree that the structure should highlight not only the subject and the foundation, but also the content. In this case, the concept and signs of the claim acquire a clearer formulation. The latter, in turn, act as classification criteria.
Claims are divided on the substantive and procedural legal grounds. In practice, the following classifications are used. According to the first criterion, vindication and negative claims are distinguished; according to the second criterion, claims for the award, recognition, amendment / termination of legal relations. Their design is carried out in accordance with the rules of the agro-industrial complex. In this case, the concept of a claim in a civil proceeding also includes these components. As part of this production, claims are filed under the Code of Civil Procedure.
Content
Considering the concept of a claim , let us dwell on its essence. The content of the claim is actually the action of the court, the implementation of which is requested by the person concerned. It is determined by the applicant himself. In this case, the entity uses the means provided by law. The claim presented by the plaintiff may be directed to:
- Imputation to the defendant of a certain action / inaction. For example, it can be compensation for the loss incurred, payment of a sum of money, etc.
- Recognition of the existence or absence of a legal relationship, obligation or right.
Subject
As it may be an interest that is protected by law, as well as in general a specific relationship. The subject must be distinguished from the object of legal relationship. The first concept is more voluminous. The subject of the claim also includes the object of the dispute.
Base
It is formed by the circumstances indicated by the plaintiff. With them, he connects his claim with legally significant facts. The basis may be a transaction, contract, damage, the onset of an agreed period or any conditions. As a rule, it contains not one, but several facts. Their combination corresponds to the hypothesis of the norm and is called the actual composition of the dispute.
Specificity
The concept and legal nature of the claim are formed through the close interconnection of its components. The facts that make up its foundation are brought under the hypothesis of the corresponding material norm. These circumstances also indicate the legal nature of the relationship, acting as the subject of the claim. He, in turn, determines the content. What is subject to protection determines the form of protection. For example, monetary compensation or the provision of a thing is ensured by award, the absence / existence of a relationship by recognition and so on.
The concept and types of claims
The award of claim is aimed at the compulsory fulfillment of the duty of the defendant, confirmed by the court. The subject in this case is the right of the plaintiff to demand certain behavior from the second party to the dispute, as a result of his failure to fulfill his obligation on a voluntary basis.
The grounds for filing such a claim are, first of all, the circumstances with which the appearance of the legal possibility itself is connected. For example, the activities of an enterprise for the production of furniture, the artist’s work to create a painting, etc. In addition, the reasons are the facts associated with the emergence of the right to file a claim. This may be the onset of a specified period, a suspensive condition, a violation of interest (for example, an administrative lawsuit).
The concept of content is associated with the petitioning part of the document. The claim may be aimed at confirming any relationship or right. In this case, they speak of a positive lawsuit. If the claim is aimed at confirming the absence of a legal opportunity or relationship, it is called negative. Converting is a lawsuit that involves changing / terminating interactions between the applicant and the defendant. In this case, the opportunity for the interested person to unilaterally withdraw from the relationship will be the subject. For example, a request to terminate a contract may be filed.
The grounds are facts of dual significance. First of all, these are the circumstances with which the occurrence of that relationship, which is subject to termination / change, is associated. In addition, there are facts on the basis of the possibility of realizing the transformative power.
Vindication
The concept of a claim can be considered within the framework of material norms. One of the most common remedies in court is vindication. It involves the presentation of a claim for the recovery of material assets from illegal use. Vindication claim - an extra-contractual claim of the owner who does not own the thing to its actual owner.
Conditions
To present a vindication requirement, a number of rules are required by law. First of all, the title owner should be deprived of the thing. That is, the object must retire from its possession. It is also necessary that the property, which the owner lost, be preserved in kind and be in the actual possession of another entity. If a thing has been destroyed, recycled, used, then the right of ownership ceases. In such a situation, the title owner can only rely on the protection of property interest. He has the right to submit a claim for damages or unjustified enrichment.
Explanations
Features of the recovery of property from unlawful possession are determined in Art. 301 GK. In accordance with the norm, not only the owner, but also another entity who owns the thing in accordance with law or contract can file a vindication claim. For example, it can be a tenant, a commission agent, a custodian. The owner of the property right to the property - operational management, life tenure, economic management also has the opportunity to file a vindication claim.
Revenue Disputes
As part of the consideration of vindication claims, questions often arise regarding the fate of profits made during the use of the thing by the unlawful owner, as well as expenses incurred in connection with this. The rules on such calculations are enshrined in Article 303 of the Civil Code.
The norm establishes the distinction between bona fide and unscrupulous owners. The latter is charged with the obligation to compensate the title holder of the thing all the profits derived from its illegal use. A bona fide owner should only refund income from the moment he finds out or he may have become aware that the object is in violation of the rules, or how he received notice of the lawsuit.
Nuances
Putting article 303 into practice, the following circumstances should be taken into account. First of all, not only cash, but also natural products (crops, for example) will be revenues under the norm. In addition, we are talking about profits that were received or could be derived as a result of illegal possession of property. The actual owner, in turn, may require the owner to reimburse the costs of maintaining the thing. At the same time, this opportunity exists both in a bona fide and in an unscrupulous entity. The obligation may be imputed from the time that the title holder received the right to receive income illegally extracted from use.
Negative claim
Consider this concept of action. In a civil proceeding, a dispute may be considered regarding the removal of obstacles to the realization by an entity of its legal capacity to use, dispose and own material assets. The basis for starting such a production is a negative claim. This is a non-contractual claim of the owner of the thing against a third party. The subject may request the removal of any obstacles, even if they are not associated with the deprivation of the ability to possess the object. In this case, the requirement may be aimed at preventing possible violations, if such a threat exists. In such cases, the interested person will not need to prove that the actions of the defendant impede the normal use and disposal of property, unless the latter himself confirms the legitimacy of his behavior.
Claims Procedure
All samples of claims are filled in according to general rules. Regardless of the type of legal proceedings, the content of the documents must comply with the requirements of the law. That the claim was accepted for production, it is necessary to draw it up correctly. The law establishes a list of required details. These include:
- The name of the court, whose competence includes the consideration of this dispute.
- Information about the plaintiff. It indicates the full name (or name of organization), address, contact details.
- Information about the defendant. Here they also indicate the name of the legal entity, contact details, address.
- Text.
- The requesting part.
- Number, signature.
- Enumeration of applications.
The essence of the claim
In the content of the claim, the circumstances of the case should be indicated in order, as they occurred. In doing so, you should try to summarize the facts. First of all, the basis of the dispute should be indicated. For example, a contract was concluded between the plaintiff and the defendant, and the other party violated its terms.
The content shall indicate the time, place of signing the agreement, its subject. The following is a condition that has not been met. The request part shall indicate the actual requirement. For example, "I ask to recover the losses incurred in connection with the violation of contractual terms in full." In this case, it is advisable to refer to the norms of the law, which stipulate the corresponding responsibility.
The list of applications may contain documents confirming the facts set forth in the lawsuit. This may be a copy of the contract, receipt, invoice, bank statement and so on. If the claim is related to compensation for lost profits, it is recommended that a calculation be made. He will justify the amount requested by the person concerned as compensation. A receipt is attached to the claim confirming the payment of the fee. If a representative acts on behalf of the interested individual or organization, he must present a power of attorney.