A lawsuit in a civil proceeding, in fact, is an appeal to the courts of interested parties, the basis for which is the requirement to protect subjective law protected by law. A lawsuit is an effective procedural tool that allows you to resolve a dispute about a law that has arisen between the two parties. An important means to initiate a process is a statement of claim. According to the law, any interested person can apply to the court with a request to protect the disputed or violated right. Such treatment is called a lawsuit.
Types of lawsuits in modern production
Classification of such material substantive features corresponds to a particular branch of law. That is, the types of claims are determined by the legal industry to which the requirements indicated in them relate. The claim arising from labor relations will be labor, from civil legal relations - civil, from housing legal relations - housing, etc. A more specific classification also exists within a particular group.
Types of lawsuits in the civil procedure are divided into claims relating to individual contracts (leases, leasing, etc.), lawsuits challenging the right of inheritance, property right , copyright.
Types of lawsuits: legal classification
This typology covers almost all existing judicial remedies. It is crucial in the theory of civil law, because it is comprehensive. In accordance with this classification, claims are divided into three types:
1. The claim for award contains such requirements, the subject of which provides a method of protection based on the compulsory or voluntary performance of duties by the defendant, provided that these obligations are confirmed by the court. The purpose of such is to compel the defendant to commit or to abstain from certain actions. Example: the plaintiff demands to recover the amount of the cost of the purchased item from the defendant.
2. A claim for recognition is a requirement whose purpose is to confirm in court the absence or, on the contrary, the existence of a certain legal relationship. This implies another name for this category of claims - installation. Example: claim for recognition of authorship or ownership. It should be noted that within this category there are types of lawsuits bearing a positive or negative disposition. The claims listed in the example relate to the first, positive group (their purpose is to recognize the disputed law). If the goal is to recognize the absence of a disputed law, then it belongs to the group of negative ones (recognition of the invalidity of the marriage).
3. The reformative action is aimed at terminating or changing the relations existing at the moment between the parties, and at creating new ones. Example: lawsuit for divorce, exclusion of property from inventory, etc.
Types of lawsuits in Roman law
In Roman law, there was its own classification, according to which they were divided into the following types:
1. The property claim provided for the protection of the relevant rights. He was presented in relation to persons who encroached on the plaintiff's personal property. A material lawsuit in Roman law was called vindication and negative.
2. A personal lawsuit provided for the protection of a person's law of obligations . It got its name on the basis of presentation in relation to a certain person or group of persons.
3. The lawsuit of strict law was considered by the judge in accordance with the contract, while the defendant's objections were not taken into account.
4. A lawsuit of good faith, or “good conscience,” implied a decision by a judge, provided that the existing law was supplemented by its own provision aimed at resolving a contentious issue. These claims provided for the adoption of a decision in accordance with the conscience of the judge and with the customs of that time.
5. A lawsuit was filed by analogy if there were no certain established norms in relation to any action.
6. A lawsuit with fiction. In the formula, the praetor ordered the judge to present the real existence of certain facts that did not take place in reality, that is, fiction was used. New relationships with the help of such a technique were adapted to the already known lawsuits.
7. Conditions - these are claims that did not contain grounds for occurrence.