Concept and elements of the claim in the civil process. Value of elements of claim
The right to date is the mainregulator of social relations. This fact makes it possible to coordinate more effectively the life activity of all people and their group associations without exception. Of course, this state of affairs did not always exist.
Initially, social relations were regulatedreligious norms or banal violence. Over time, the effectiveness of these two coordinators has significantly decreased, which led to the need for modernization of law. In this case, it should be noted that the legal scope of activity is most manifest at the time of direct dispute. In ancient times, any problems between people were solved by force with the use of weapons. Today, such a decision of the dispute is condemned by society and is recognized as illegal.
An alternative to force and weapons were specialthe purpose of which is to resolve objectively the disagreements between people. Such bodies can be called courts. They can apply to almost any person in the order of administrative, criminal, economic and other type of production. The most approximate to the daily life of society is the civil industry. Therefore, most disputes are resolved in the civil procedure. Start a trial in this case can only after filing a lawsuit. Therefore, in the article we will consider the concept and elements of the claim in the civil process.
What is a lawsuit?
Appeal to the court in orderCivil proceedings are an action that is complex in nature. That is, it is a whole system of various kinds of legal facts. As a rule, the civil procedure for settling a dispute involves submitting a suit to the appropriate authority. But what is the lawsuit and its structural elements? In the scientific community, the presented category is singled out as a requirement of one person to another due to the protection of substantive law. In this case it should be noted that in the legislation the concept of the claim is not fixed. Therefore, most of the interpretations that explain this category are doctrinal, that is, someone issued. In this regard, in the theory of civil procedural law, there are several views on the problematic of the claim.
Substantive legal interpretation
Elements of the claim, the lawsuit itself and the legalthe consequences, according to the material view, are the actual possibility of satisfying their interests, which are stipulated by the current legislation. Thus, with the help of the category mentioned in the article, one can not only defend its legitimate interests, but also change the previously existing legal status and state of affairs. To date, the presented interpretation is the most popular, because it explains not only the status of the claim in law, but also the consequences that it generates. Nevertheless, this thesis is not a problem for considering the category from other angles.
The procedural status of the claim
Application to the court generates not only materialconsequences for a particular person. There are also certain procedural aspects of the claim as a legal category. This fact makes it possible to identify the procedural and legal interpretation of the term. According to her provisions, the lawsuit is a way of exercising the right to appeal to the court.The power is exercised in order to obtainthe future decision, which will be legally binding. The procedural legislation stipulates a lot of aspects that characterize the moment of filing the claim, as well as motives for the court to refuse to accept it.
Value of elements of the claim
The structure of the application to the court is sufficientsignificant role. The bottom line is that the elements of the claim are its obligatory parts, the presence of which characterizes the submitted document as procedural. In the current legislation of Russia there are provisions that tell about the form of application to the court. They are presented in Article 131 of the Code of Civil Procedure of the Russian Federation. But in the presented norm only certain details which should be in the claim are fixed. About its immediate elements in the code is not mentioned. Thus, the theory of the structure of the claim is doctrinal in nature.
What elements are there?
To characterize the entire structure of the claim,It is necessary to understand the peculiarities of its separate aspects. As we found out, the elements of the claim are the constituent parts of the document, manifested not only in mandatory requisites, but also in the information itself, enclosed in the application. It should be noted that in the theory of civil process, there are many views on the presented problems. But, along with various theories, there is the most classic view of the structure of the statement of claim. Thus, we can distinguish the following elements of the claim in the civil process:
Each of the elements presented is strictlyindividual value for the claim and its legal status. In addition, the differences can also be seen in the information that is presented in the constituent parts of the application.
Content of the claim
The very first element of the statement in the civilthe process is content. It should be noted that this part of the claim includes important aspects for further consideration of the case. Thus, the content of the application is a specific type of judicial protection. That is, directly in the content, the plaintiff indicates the way in which he will use to protect his own interests and rights. There are a large number of methods that allow you to defend your own legal capabilities. These include:
- fulfillment of certain actions;
- abstention from performing certain actions;
- recognition of legal relationship;
- fixation of specific rights and obligations of the parties;
- termination of existing legal relations between the parties;
- change existing legal relations, etc.
The methods of protection are fixed in the current civil and civil procedural legislation of the Russian Federation.
Subject of the application
Elements of the claim, or rather, their immediatethe system has in its composition such an interesting aspect as the subject. This structural part of the statement plays no less significant role than the content. The subject is the fact or phenomenon that the plaintiff asks the court to change, award or admit. In other words, this element characterizes what the proceedings in general are about.
The subject is quite often confused with the object of the claim. However, these categories have quite the opposite meaning. In most cases, the subject is legal relationship, and the object is the material objective of the claim, that is, property, money, etc.
Grounds for action
Earlier we already pointed to the fact that the structureThe judicial application includes three key elements. The last of these is the basis of the claim. This element is the most cumbersome array of information. The essence of the grounds is that the plaintiff justifies his demands with real facts of reality. That is, he explains how the disputed legal relations appeared and what is his role in them. To date, only the evidence is explained at the bottom. The plaintiff is not obliged to seek the legal norms by which his demand and the legal relationship itself are regulated. This action is carried out by the court, since it is he who must find out such information in order to determine their jurisdiction and jurisdiction.
So, we have considered the concept of the claim and its elements,based on the provisions of the civil process. It should be noted that the structure of the application will be similar in other areas of justice. For example, the elements of the claim in the arbitration process also include the subject, the basis and the content. Thus, the process of applying to a court of another orientation will be similar to the civil procedural branch.This fact substantially simplifies the study of the claimforms of legal proceedings, which allows us to summarize the doctrinal achievements of scientists who have been studying the subject matter mentioned in the article for many years.