Institute counterclaims is a fairly ancient legal instrument.He's in one form or another has existed since the beginning of the rule of law and justice in human history.This tool allows you to quickly and most effectively in terms of judicial review to restore the violated right and find the truth.
counterclaim in civil proceedings is an independent claim to the plaintiff by the defendant, which has some connection with the initial requirements of the plaintiff.Joint review of the requirements deemed appropriate, as it allows to explore a more complete picture of the existing relations between the parties.In this connection, it is possible to make the best decisions, allowing two claims in a single process.Thus, justice is carried out quickly and with the least expenditure of energy the participants of the case.Submission of claims by the defendant appears as a means, a method of protecting his interests.
Just as mentioned above, a counterclaim in the arbitration process is accepted subject to certain conditions:
- if the application is directed to offset claims asserted by the original;
- if the counterclaim has a certain connection with the original requirements, and their joint examination facilitates a more rapid completion of the legal proceedings;
- if counterclaims satisfaction excludes initial satisfaction (either totally or in part).
defendant may file his application at any time before the court will leave the deliberation room.However, it is desirable to file a counter-claim in the course of preparation of the case.
To apply the requirements of the defendant as the generally established rules for registration (in accordance with Art. 131-132 CCP RF), and specific conditions.For example, a counterclaim is not permitted to offset, if according to a statement on the other hand there is the use of the statute of limitations, and this term has expired.This applies in particular to claims for compensation for damage caused to the health or life of the annuity.
counterclaim must be presented in accordance with the conditions established by law.In case of violation or non-compliance with any rules claimant may be left without movement or refunded in the decision may be refused.
By counterclaim general conditions applicable jurisdictional claims - to have installed a special jurisdiction.It is determined by a link to the original requirements.
statement of counter-claim made at the place of the original consideration and resolved by the court in reaching a common solution containing judgments and initial claims, and counterclaims.In the course of the proceedings the parties have the right to an amicable agreement.
Statement counterclaim may be available to offset the initial requirements.This requirement to offset a defendant may claim in the form of objections.This is possible when a counterclaim smaller than the original (the size requirements).
expediency of making statements set court at its discretion.Due to the fact that the statement of any counterclaim always complicates the process, because the increased amount of research the facts and evidence of the parties, its adoption is allowed only if the relationship between the original and the counterclaims.In addition, the court decides whether to contribute to the joint consideration of the most correct and quick decisions.
refusal to accept the counterclaim does not prevent the defendant to register them as a separate claim and sue in the conventional manner.
