What is a lawsuit?
A lawsuit is an application submitted by a citizen to a court to resolve a disputed situation. The concept of a claim is not fixed in the legislation, however, the motives for which the court may refuse to consider it are clearly defined.
Let's take a closer look at what a lawsuit is and analyze its elements and types.
Two sides of a suit
The lawsuit has two sides - substantive and procedural law. The substantive side refers to the possibility of satisfying a claim on the basis of established facts, as well as the norms established by the civil, labor and family code, and procedural-legal means the legality of a citizen applying to court for a court decision.
Elements of the claim
The elements of a claim are its internal structural parts. Some sources claim that the lawsuit consists of two parts - the subject and the base. The subject and cause of the claim establish the direction, course and peculiarities of the proceedings, so that the elements of the claim are not only a theoretical question, but also a practical one.
Other sources say that the lawsuit consists of three parts - again, the subject and the base, as well as the content. However, most lawyers do not agree with this division.Neither legislation nor practice distinguishes the content of the claim as an independent element.
Nevertheless, we define the composition of all three elements:
- The cause of action is a combination of circumstances and legal facts on the basis of which the claimant states his claim.
- The subject of the claim is the subjective right of the claimant on which it is necessary to make a decision.
- The content of the claim is a set of court actions that the plaintiff requires to perform in order to satisfy his rights.
Types of lawsuits
There are many types of lawsuits, and all of them can be summarized into the following categories:
- On recognition - aimed at recognizing the existence / non-existence of a particular right.
- About the award - must compel the defendant to a particular action.
- Transformational - solve the issues of changing or terminating legal relations.
- Preventive - parse questions about the suppression of violation of rights, as well as the threat of violation of rights.
- Substantive - they are determined by the material nature of legal relations - family, civil, environmental, pension, labor, etc.
- Personal - claims defending personal rights.
- Group - claims, defending personal rights of a particular group.
- In defense of an indefinite circle of persons - claims defending the personal rights of an indefinite group.
Despite such a broad classification, at the present time they still cannot determine, for example, to what type of claim can be attributed a lawsuit prompting a contract.
Statement of claim
The statement of claim shall be submitted in a specific form, in which the following positions should be covered:
- The name of the court to which the claim is submitted.
- Representation of the parties - claimant and respondent, personal data and addresses of the parties.
- The cause of action and evidence of the existence of the base
- Content of the claim.
- The price of the claim.
- An application consisting of a list of relevant documents.