Types of claims in the Russian and Roman law

click fraud protection

lawsuit in civil proceedings, in fact, is the appeal to the courts concerned, which serves as the basis for the requirement for the protection of subjective rights protected by law.The lawsuit is an effective procedural means by which to resolve the issue of law which may arise between the two parties.An important means for initiating a process claim.By law, apply to the court for protection or contested rights may be violated by any interested person.Such treatment is called suing.

Types lawsuits in modern production

classification of such material legal basis corresponds to a particular field of law.That is determined by the types of claims that the legal sector, to which the specified requirements.The claim arising from the employment relationship, labor will be from civil legal relations - civil, of housing relations - housing and so forth. More specifically, there is also a classification within a single group.

Types of claims in civil proceedings are divided into claims relating to certain contracts (rent, lease, etc.), Lawsuits challenging the right of inheritance, ownership of copyright.

Types of claims: procedural and legal classification

This typology covers almost all existing methods of judicial protection.It is of decisive importance in the theory of civil law, because it is exhaustive.In accordance with this classification, claims are divided into three types:

1. The claim of the award contains such requirements, the subject of which is a method of protection, based on compulsory or voluntary duty on the part of the defendant, provided that these commitments are confirmed by the court.The aim of such a compulsion to commit the defendant or refraining from certain actions.Example: the plaintiff is seeking to recover the amount of the cost of items purchased from the defendant.

2. The claim for recognition - a requirement whose purpose is to confirm the absence of a court, or on the contrary, the existence of a certain relationship.From this follows another name for this category of claims - ustanovitelnye.Example: a claim for recognition of authorship or ownership.Note that in this category are the types of claims that carry a positive or negative predisposition.Listed in the example claims related to the first, positive group (their purpose is to recognize the disputed license).If the aim is to recognize the absence of the disputed law, it belongs to the negative (invalidation of marriage).

3. Converter lawsuit aimed at stopping or changing the currently existing legal relationship between the parties, and to create new ones.Example: an action for divorce, the deletion of the property from the inventory, and so forth.

Types of claims in Roman law

In Roman law there own classification, according to which they were divided into the following types:

1. Property Act provides for the protection of relevant claimrights.It shall be presented in respect of persons who have encroached on the right of personal property of the plaintiff.Rem action in Roman law called vindication and negatornogo.

2. Personal lawsuit liability law provides for the protection of the face.It got its name on the basis of the presentation in respect of a particular individual or group.

3. lawsuit strict rules considered by the judge in accordance with the contract, the defendant's objections are not taken into account.

4. The claim of good faith, or "good conscience" meant a decision by the judge on the condition supplement existing property rights provision aimed at resolving the dispute.These actions included the adoption of a decision in accordance with the conscience of the judge and the customs of the time.

5. The suit was presented by analogy, if there were no specific rules established in respect of any action.

6. lawsuit with fiction.The formula praetor ordered the judge to present the real existence of certain facts that have taken place in reality, that is used fiction.The new relationship with such a reception spurred by the known claims.

7. Kondiktsii - it claims that did not contain the reasons for the occurrence.