believed that the lawsuit is the most perfect legal means to protect the violated or contested rights subject.Thus, a person who considers that the rights that it has been violated or contested, the court seeking protection in accordance with the procedure established by the law procedure.
claim in civil proceedings holds the major share.This activity involves the consideration and resolution of disputes substantive nature.These spores are formed in a cooperative, labor, family and other relationships.
claim allows the production of the most common rules in the proceedings.Submission of claims processed in a proper manner, it is considered a component of the constitutional right, is the right to appeal to the court for protection.This denial of this right shall be void.
lawsuit is one of the main tools used to open civil proceedings in a particular case.Thus is the mechanism of judicial activity, and to administer justice.
claim production protects the rights of the subject, its interests and freedoms by the methods stipulated by the law.In accordance with the provisions in the legislation of protection is carried out by means of their recognition, as well as the recovery of their situation that existed before the violation of human rights.The lawsuit also enables production to stop acts that violate the law, to award the performance of duties.In addition, the recovery is done with offenders, compensation of damages, as provided for in the contract or by law - a fine (penalty, fine).
claim production has certain characteristic features.These include, in particular, the requirements include the presence of a substantive nature.This requirement follows from the contested either broken right hand and will be reviewed in accordance with the law.Another sign is the presence of a dispute about the right subject.The adversary proceedings there are two parties with opposing interests and the authority empowered by the law of a certain character, allowing them to defend in court.
essence enforceable by the court is to conduct testing for the presence or absence of the subject of rights in connection with the uncertainty, disorder or challenging, under which formed spores.For proper consideration, the resolution of conflicts and adjudicate this form of protection is considered the most adapted.
Procedural science explains in some detail the main features of action proceedings.They are as follows:
- Standards Act consistently define the order in accordance with which the review and resolution of cases.
- parties to the dispute are entitled to personally or through their representatives to take part in a meeting on the case.
- law gives sufficient legal grounds to participants in the case.Party process, so have the opportunity to influence the course of events, achieving rendering legal authorization.
- action proceedings inherent adversarial.
This form of legal protection has special significance.In this regard, it is used in different branches of law.For example, widely used civil proceedings in the arbitration process.
As evidenced by the jurisprudence, this form is able to protect many aspects of social life in today's constantly evolving society.These parties, in particular, the relations in the field of protection of consumer rights and other intangible benefits.
