Civil circulation provides for recognition of a person’s specific civil rights, ensuring the reliability of legal protection. This includes measures of a legal, economic, political, and organizational nature.
The right to defense reflects the possibility of both committing one's own legal actions and the ability to demand certain behavior on behalf of the obligated.
Own actions here mean self-defense, self-defense, etc. Claim rights are understood as measures of influence of state bodies, applied in relation to the violator.
The subject of protection is understood as civil subjective rights and interests protected by the law of the country (Article 3 of the Code of Civil Procedure).
Of the accepted forms of protection, it is customary to distinguish between non-jurisdictional protection and jurisdictional protection, which is the activity of authorized bodies protecting the rights of entities (subjective rights). We consider the last form in more detail.
Jurisdictional submits to a certain form and a certain order of protection. The forms include two types of order: special and general. According to the general rule, the protection of all rights takes place in the judicial procedure, where the courts are the authorities: arbitration, arbitration, general competence.
The remedy is a lawsuit (negative claim). This appeal to the court with the requirement that the defendant fulfill his duties. It is also called the lawsuit for protection.
Negative lawsuit is the most important mechanism to ensure the restoration of violated tenure rights. Its essence is to remove obstacles to the possibility of using your property. Negative action can be brought only in the presence of such obstacles. In addition, at the time of filing, the owner and the defendant cannot be in a liability relationship regarding the disputed thing (Civil Code, Article 304).
If they speak of a violation of the rights of the owner, then they mean his powers - the right to dispose and the right to use. A negative lawsuit protects these rights.
For example: the owners of neighboring buildings and, correspondingly, land plots, interfere with their actions to exercise each other's rights: they erect a structure that blocks free access to the passage or passage to one of the plots. The task of the court is to figure out the competence of the neighbor who built the structure, and if necessary, force the defendant to dismantle the building.
Filing a claim is also possible in the business sector, when, for example, one enterprise interferes with the possibility of using the second territory or part of the building purchased.
The right to a negative claim is with both the owner and the title owner, deprived of the opportunity to use (order). It can be presented by the rightful owners (by the way, not always the owners), not deprived of possession in case they are obstructed in its use. But if there were obstacles in the past (not in the present), the lawsuit will not be considered. Here another type of claim is appropriate: compensation for damage, incl. moral harm (legal entities are entitled to do this). Suppose that a unitary enterprise “P” was prevented from exporting manufactured products by the organization “N” for six months, carrying out repairs (laying) of a gas pipeline near the exit of the enterprise “P”, which had no possibility of another exit. The work of the organization "N" dragged on. Enterprise "P" filed a negative lawsuit demanding the removal of obstacles. The claim was satisfied by obliging the defendant (construction organization) to create conditions for the unhindered export of the products of the enterprise “P” (plaintiff).
A negative lawsuit can also prevent the possibility of violation of property rights . The owner, for example, can achieve a ban (or cancellation) of the construction of a structure if it impedes the use of property.
Negative lawsuit. Sample:
IN ................................................. ................................
(court, its name)
.................................................. ...................................
Claimant: ................................................ .....................
(indicated by full name)
location.............................................
.................................................. ...................................
registration................................................. ........
.................................................. ...................................
Defendant ................................................. ..............
(full name is indicated.) ......................................... ..
location..............................................
.................................................. ....................................
registration................................................. .........
.................................................. ...................................
Statement of claim
(indication of property, method of acquisition, time of ownership, violation of rights, type of violation and terms of violation, losses incurred (indication of a specific amount))
Defendant (indication of full name) ............................
.................................................. ....................................
Refuses to indemnify, referring to:
.................................................. ....................................
.................................................. ....................................
Given the above, I ask the court
eliminate violations of my property rights
.................................................. .....................................
.................................................. .....................................
and refund the amount received by me
loss ................................................. ............ (rub.)
Witnesses:
.................................................. ....................................
(last name, address)
.................................................. ....................................
(last name, address)
.................................................. ....................................
(last name, address)
Applications:
1. Contracts of gift, barter, sale, alienation, etc.).
2. Confirmation of a violation of my rights as an owner (acts, letters, etc.).
3. A receipt confirming the payment of state duty.
4. A copy of the statement (transmitted to the defendant).
The date.
Signature.