What is the claim? A sample of the claim. Illegal claim

Very often in life creates situations from which there is no other option except going to court. In this article we will consider what action, how to present who is entitled to what they are.

The Concept of a claim

Give the definition of the claim. It is a requirement that derives from the plaintiff's right, which exists due to various reasons, certain legal documents.

Thus, to the court can apply different economic entities, physical persons to protect their violated rights or contesting someone's, as well as protect their interests.

Features of the application

What is the claim, we briefly considered. Now you need to understand what it consists of. In this application, allocate the subject of the claim and its grounds. Under the first understand the specific requirement of the plaintiff to the defendant. It includes the material object of the dispute. That he may be subjected to changes in the changing conditions of the claim.

The cause of action constitute legal facts. They constitute actual the phenomenon. Besides it distinguish the legal basis of the claim. Presenting the latest must be accompanied by an indication of the relevant law.

The Lawsuit must be filed in writing.

Classification declarations

To Consider that such a claim will continue in the context of their species. Depending on the nature of the dispute the plaintiff to the defendant are the following types of data declarations:

• Recognizing;
• The constraint.

The Most widely used in arbitration practice has received a second claims. They call upon the defendant to fulfill the obligation in favor of the plaintiff.

Also, there are indirect claims. These include requirements of a subsidiary to the parent for damages; requirement of the founder legal entity to persons acting on its behalf about the same; or their demand for recognition of the transaction void in the event of their Commission of the economic entity.

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According to the procedural law criterion also highlight the transformative claims, which are understood by those of them which are directed on change, termination or the occurrence of material legal relations. As an example of such a statement can result in a lawsuit aimed at changing the terms of the contract.

Statement about the award

These include:

• Forcing a defendant to the transfer of various documents;

• The recovery of property from illegal possession;

• The compulsion to the release of non-residential premises with the defendant;

• The requirement about compensation of losses caused;

• The requirement for the payment of goods purchased;

• The vindication of the claims to the recovery of property from defendant who was the purchaser, and some others.

These statements differently are called the Executive.

Declaration of recognition

Among the latter were such of the lawsuits in which the plaintiff asks to recognize him disputed the right to either confirm or deny the presence of legal disputes. These statements, in turn, are divided into positive (aimed at the recognition of the right of ownership) and negative (aimed at the recognition of the invalidity of any transaction or agreement).

Samples of claims for recognition:

• The invalidity of the administrative document of the head of the Executive authority;

• The invalidity of the privatization transaction;

• The rights of ownership to dwelling;

• The invalidity of the decisions of tax authorities.

A sample of the claim and the terms of submission

At the beginning of this statement must be specified the court in which it is served. Also contains personal data of both parties. Describes the essence of the question, the demands made by the defendant, app. As the last can be: a receipt for payment of registration fee, duplicate statement, a certificate confirming the authority of the plaintiff or his representative, other documents which confirm the fact of the offense.

The lawsuit is an appeal to the judiciary with a written statement with the aim of protecting the rights or interests of a certain person.

Background appeal to the court:

• Standing (individuals have it from birth);

• The jurisdiction of a particular court;

• The inability to re-claim those issues that were resolved in the course of the hearing;

• Personal interest in a legal decision;

• There should be no agreement between the parties to refer the dispute to the arbitral Tribunal;

• The procedure should be the same thing.

Suit:

• The court has the authority to resolve the dispute;

• The use of pre-trial decisions in the case that it is required by law;

• The Complainant has authority to represent a person and to testify in court as one of the parties;

• The fact of payment of registration fee;

• The observance of the claim form with the applicationall the necessary documents.

If any condition is not complied with, the judge may leave the claim without movement with purpose time to correct such statements. If the claim is in order, he shall designate a hearing, which shall be informed to all parties. In case of refusal to accept a claim, you must request it in writing to her and contact the lawyers to correct those deficiencies that were listed in the document.

Return the statements in question

St. 135 code of civil procedure provided grounds of the refund claim due to the violation by the plaintiff of the right of appeal to the court. They belong to disposable. The plaintiff after the finalization of the claim in accordance with the corrected violations are again identical with the statement to go to court. The justification in addition to the above include the filing is incompetent, the unsigned statement signed or authorised person and a receipt from the plaintiff of the application until a decision on the adoption of the statement of claim to the production on the back of the latter.

Vindicatory statement

A Similar lawsuit — on illegal possession of other people's property. When writing you have to consider that as the subject of this statement can only be the particular property. The court must prove that you are a legitimate owner and at the moment it is held illegally by another person. The evidence can be any document indicating that the disputed property belongs to you, or the testimony.

The plaintiff should be set that he will have to prove that the disputed subject is or was the defendant. If the amount of the claim does not exceed 50,000 rubles., it is necessary to apply to the magistrate.

The application for the recovery of material resources

Failure to refund or rejection of return, failure to pay interest when borrowed funds are the grounds to the court filing monetary claims. As already noted, the amounts of claims up to 50 000 RUB. are dealt with in magistrates ' courts, other — in riadah. With the economic disputes between economic entities of Affairs are considered in courts of arbitration.

We must remember that the petition must be submitted in three copies, one of which is returned with a mark about acceptance to the claimant, the other remains in court, and the third is sent to the defendant.

Application for compensation for moral damage

If the individual was caused physical and moral (or some of them) are suffering, he may submit a moral claim to the court. It needs to consider it and to establish the degree of fault of the defendant, what suffering was caused to the plaintiff in connection with his individual characteristics. This can lead to the recovery of the offender amount of money, however, expect a significant enrichment of the plaintiff is unlikely.

In conclusion

In this article, we considered what action, what he is, jurisdiction on the amount for different vessels and the most common types of such statements. It was also found that the grounds on which a court can return a filed.