The concept of a claim, its types and elements. Samples of statements of claim
According to the Constitution, every citizen of the Russian Federation canto count on defense in court. In case of violation of his freedoms and interests, the subject may send a demand for their restoration. Refusal to be able to go to court is illegal. The claims of the person are formulated in the claim. Let's consider in detail what it is.Samples of statements of claimwill also be presented in the article.
In case of violation of rights and freedoms, citizens have the right to their protection. As a state body that ensures the restoration of infringed interests, the court acts. If we considerconcept of suit in a procedural senseit is a means of activatingactivity of an authorized body. The order within which the protection of the interests of the subject is carried out is called legal proceedings. It involves the plaintiff, the defendant, the prosecutor, third parties.
The plaintiff may be both natural persons andorganization. This entity expresses its claims in case of violation of any of its interests. Respondent, respectively, is a participant in the proceedings, called to account. Third parties can speak on either side. Some such entities may express independent claims to any of the participants in the dispute.
The concept of a claim in the arbitration process, its elements and types
The interested entity, wanting to restore its interests, applies to the court with a corresponding claim.The notion of actionshould be considered through its structure. It is worth saying that in the literature two approaches to study are used.
According to the first,notion of actionIt is formed according to its content, base andsubject. The second approach involves only the last two components. The majority of lawyers agree that in the structure it is necessary to allocate not only the subject and the basis, but also the content. In this case, a clearer formulation is acquiredconcept and attributes of a claim. The latter, in turn, act as classification criteria.
The claims are divided into substantive andprocedural and legal grounds. In practice, the following classifications are used. On the first criterion, vindication and negator claims are singled out, on the second - claims for awarding, recognizing, changing / terminating legal relations. Their registration is carried out in accordance with the norms of the AIC. Whereincivil suitalso includes these components. In the framework of such production, the claims are processed according to the CCP.
Consideringnotion of action, 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 subject uses the funds provided for in the law. The claim made by the plaintiff may be directed to:
- An imputation to the respondent of a particular act / omission. For example, it can be compensation for the loss incurred, payment of a monetary sum, etc.
- Recognition of the existence or absence of legal relationship, duty or right.
As it may be an interest thatprotected by law, as well as in general a specific legal relationship. The subject must be distinguished from the object of the legal relationship. The first concept is more voluminous. The object of the dispute is included in the subject matter of the claim.
It is formed by circumstances that indicateclaimant. With them, he links his claim as legally significant facts. The basis may be a transaction, a contract, causing damage, the arrival of a specified period or any conditions. As a rule, it contains not one but several facts. Their totality corresponds to the hypothesis of the norm and is called the actual composition of the dispute.
The concept and legal nature of the claimform through a close relationshipcomponents. The facts that make up its foundation are summed up under the hypothesis of the corresponding material norm. These circumstances also point to the legal nature of the relationship, which acts as the subject of the claim. It, 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 awarding, the absence / existence of a relationship by recognition and so on.
Concept and types of claims
The claim for award is aimed atenforcement of the defendant's duty, confirmed by the court. As the subject in this case, the plaintiff's right to demand a certain behavior from the second party to the dispute, as a result of his failure to fulfill the accepted obligation voluntarily.
The grounds for filing such a claimare primarily the circumstances with which the appearance of the most legal possibility is connected. For example, the activities of the enterprise for the production of furniture, the work of the artist to create a picture, etc. In addition, the grounds are the facts, which are associated with the emergence of the right to file a lawsuit. This may be the arrival of a specified period, a suspensive condition, a violation of interest (for example,administrative action).
The concept ofcontent is related to the request partdocument. The claim may be aimed at confirming any relationship or right. In this case, they say a positive action. If the claim is aimed at confirming the absence of a legal opportunity or relationship, it is referred to as negative. A conversion is a suit that involves changing / terminating the interactions of the applicant and the respondent. The subject in this case will be the ability of the interested person to unilaterally withdraw from the relationship. For example, there may be a demand for termination of the contract.
The grounds are facts that have a twofoldvalue. First of all, these are the circumstances with which the emergence of the relationship that is subject to cessation / change is associated. In addition, there are facts at the base concerning the possibility of implementing the transformative power.
The notion of actioncan be considered within the framework of substantive norms. One of the most common means of protection in court is vindication. It involves the presentation of a claim for the demand for material values from illegal use. Vindication lawsuit is an extra-contractual requirement of the owner, who does not own the thing, to the actual owner thereof.
For presentation of the vindication requirementit is necessary to comply with a number of rules provided for by law. First of all, the title holder should be deprived of the thing. That is, the object must drop out of its possession. It is also necessary that the property that the owner has lost is preserved in kind and was 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 holder can count only on the protection of property interest. He has the right to demand compensation for harm or unreasonable enrichment.
Features of the reclamation of property fromunlawful possession are defined in Art. 301 GK. In accordance with the norm, a vindication claim can be not only the owner, but also another entity that owns the thing under the law or contract. For example, they may be a tenant, a commission agent, a keeper. Possibility to send a vindication claim is also possessed by the proprietor of property rights - operational management, life tenure, economic management.
Disputes about income
As part of the consideration of vindication lawsuitsthere are often questions about the fate of profits received during the use of the thing by the illegal holder, as well as the costs incurred in connection therewith. The rules for such calculations are fixed in Article 303 of the Civil Code.
The norm establishes a distinction betweenconscientious and dishonest owners. The last is the duty to compensate the title holder of the thing with all the profits received from its illegal use. A conscientious owner must refund income only from the moment he learned or he could become aware of the fact that the object is in violation of the rules, or how he received a notice of the claim.
Applying in practice article 303, it follows thatconsider the following circumstances. First of all, not only money, but also natural products (harvest, for example) will act in the framework of the norm. In addition, we are talking about the profits that were received or could be recovered due to 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 possibility exists both in a conscientious and in an unscrupulous subject. The obligation can be imputed from the time that the title holder was entitled to receive proceeds illegally extracted from use.
Consider this notion of action. In the civil process, a dispute may be considered concerning the removal of obstacles to the entity's realization of its legal possibilities for use, disposal and possession of material values. The reason for the beginning of such production is negatornoy claim. This is an extra-contractual requirement of the owner owning the thing to a third party. The subject may request the removal of any obstacles, even if they are not related to the deprivation of the ability to possess the object. At the same time, the requirement can be aimed at preventing possible violations if there is such a threat. The interested person in such cases will not have to prove that the defendant's actions interfere with the normal use and disposal of property, unless the latter himself confirms the legality of his conduct.
Procedure for making a claim
All samples of statements of claim are filled ingeneral rules. Regardless of the type of legal proceedings, the content of the documents must comply with the requirements of the law. In order for the claim to be accepted for production, it is necessary to make it correctly. The law sets out a list of mandatory requisites. They include:
- The name of the court, whose competence is to consider this dispute.
- Information about the plaintiff. Here the name (or the name of the organization), address, contact information is indicated.
- Information about the defendant. Here also the name of the legal entity, contact details, address.
- The petitioner's part.
- Number, signature.
- List of applications.
The essence of the claim
In the content of the claim, the circumstances of the caseto indicate in order, as they occurred. In doing so, we should try to summarize the facts. First of all, it is necessary to indicate the basis of the dispute that has arisen. For example, a contract was entered into between the claimant and the defendant, and the second party violated his terms.
The content indicates the time, place of signingagreement, its subject matter. The following is a condition that has not been met. In the petitioner, the demand itself is indicated. For example, "I ask to recover the losses incurred in connection with the violation of contractual terms, in full." In this case, it is reasonable to refer to the norms of the law, in which the corresponding responsibility is provided.
The list of applications may containdocuments confirming the facts stated in the claim. This could be a copy of the contract, a receipt, an invoice, a certificate from a bank, and so on. If the claim is related to compensation for lost profits, it is recommended to make a calculation. He will justify the amount that the interested person asks for compensation. The claim is accompanied by a receipt confirming the payment of the fee. If a representative acts on behalf of an interested individual or organization, he must present a power of attorney.