Very often situations are created in life from which there is no other choice but to go to court. This article will examine what a lawsuit is, how to bring it, who has the right to it, what they are.
Concept of lawsuit
We give a definition of the claim. It represents a claim that arises from the plaintiff’s law, which exists on the basis of various grounds defined by regulatory documents.
Thus, a variety of business entities, individuals can appeal to the court in order to protect their violated rights or to challenge someone else, as well as to protect their interests.
Statement Elements
What is a lawsuit, we briefly examined. Now you need to figure out what it consists of. This statement highlights the subject of the claim and its grounds. Under the first understand a certain requirement that the plaintiff puts forward to the defendant. It includes the material object of the dispute. It is he who can be subjected to dynamics when changing the conditions of the claim.
The basis of the claim are legal facts. They constitute the actual phenomenon under consideration. In addition to it, the legal basis of the claim is highlighted. The presentation of the latter should be accompanied by an indication of the relevant rules of law.
The claim must be filed in writing.
Classification of pending applications
We will continue to consider what a lawsuit is in the context of their types. Depending on the nature of the dispute between the plaintiff and the defendant, the following types of statements are distinguished:
- on recognition;
- about coercion.
The most common in arbitration practice were the second lawsuits. They urge the defendant to discharge his duty in favor of the plaintiff.
Indirect lawsuits are also highlighted . These include the requirements of the subsidiary to the parent for damages; the requirement of the founder of a legal entity to persons acting on his behalf about the same; or their requirement to declare the transaction invalid if they are concluded by an economic entity.
According to the procedural and legal criterion, transformative claims are also distinguished, by which they are understood those that are aimed at changing, terminating or arising of material legal relations. An example of such a statement is the following: a lawsuit aimed at changing the terms of the contract.
Award Applications
These include:
compelling the defendant to transfer various documents;
reclamation of property from illegal possession;
compulsion to release non-residential premises by the defendant;
claim for damages;
requirement to pay for purchased goods;
Vindication claims aimed at recovering property from the defendant who was the buyer, as well as some others.
These statements are also called executive.
Recognition applications
The latter include those of claims in which the plaintiff asks him to recognize the disputed right or to confirm or deny the existence of disputed legal relations. These statements, in turn, are divided into positive (aimed at recognizing ownership) and negative (aimed at recognizing the invalidity of any transaction or contract).
Samples of recognition claims :
the invalidity of the administrative document of the head of the executive authority;
invalidity of a privatization transaction;
ownership of the premises;
invalidity of the decision of the tax authorities.
Sample claim and conditions for filing it
At the beginning of this application, the court to which it is filed must be indicated. The personal data of both parties are also provided. The essence of the issue, the requirements put forward by the defendant, the application are stated. The latter may include: a receipt on payment of state duty, duplicate applications, a certificate confirming the authority of the plaintiff or his representative, other documents that confirm the fact of the offense.
A lawsuit is an appeal to the judicial authorities with a written statement in order to protect the rights or interests of a particular person.
Prerequisites for going to court:
legal standing (individuals have it from birth);
jurisdiction to a particular court;
the impossibility of re-filing a lawsuit on those issues that were resolved during the trial;
personal interest in a legal decision;
there should be no agreement between the parties on the transfer of the dispute to the arbitral tribunal;
there must be a similar case in legal proceedings.
Claims:
the court has the power to resolve the dispute;
application of a pre-trial decision if provided for by law;
the plaintiff has the authority to represent a person and to appear in court as one of the parties;
fact of payment of state duty;
compliance with the statement of claim with all the necessary documents attached.
If any condition is not met, the judge may leave the lawsuit motionless with the appointment of time to correct such a statement. If the lawsuit is in order, then it sets up a court hearing, about which all parties are informed. In case of refusal to accept the claim, it is necessary to demand its submission in writing and contact the lawyers with it to correct those shortcomings that were indicated in the submitted document.
Return of pending application
Art. 135 Code of Civil Procedure provided grounds for the return of the claim due to violation by the plaintiff of the procedure for applying to the court. They are disposable. The plaintiff, after finalizing the claim in accordance with the corrected violations, may repeatedly apply to the court with an identical statement. Such reasons, in addition to the ones listed above, include filing a claim by a legally incompetent person, an unsigned statement or signed by an unauthorized person, as well as a statement from the plaintiff before a decision is made to accept the statement of claim for proceeding to return the latter.
Vindication statement
A similar lawsuit is about illegal possession of another's property. When writing it, it must be borne in mind that only specific property can be the subject of this statement. The court must prove that you are its rightful owner and that at the moment it is illegally held by another person. Confirmations may be any documents indicating that the disputed property belongs to you, or testimony.
The plaintiff must be determined that he will have to prove that the disputed object is or has been with the defendant. If the amount of the claim does not exceed 50,000 rubles, you must contact the justice of the peace.
Statement on recovery of material assets
Untimely return of funds or refusal to return them, non-payment of interest when using borrowed funds serve as grounds for filing monetary claims in court. As already noted, the amount of claims is up to 50,000 rubles. considered in magistrates' courts, others - in district courts. In economic disputes between business entities, cases are considered in arbitration courts.
It must be remembered that the statement of claim must be filed in triplicate, one of which is returned with a mark of acceptance of the plaintiff, the other remains in court, and the third is sent to the defendant.
Claim for non-pecuniary damage
If a citizen has suffered physical as well as moral (or one of them) suffering, he can file a moral lawsuit in court. He must consider it and establish the degree of guilt of the defendant, what suffering was caused to the plaintiff in connection with his individual characteristics. This can lead to the recovery of a certain sum of money from the offender, however, the plaintiff is hardly worth counting on significant enrichment.
Finally
In this article, we examined what a lawsuit is, what types of lawsuits it is, jurisdiction over the amount for different courts and the most common types of such statements. It was also found out on what grounds the court can return the filed claim.