lawsuit is both a way to restore the subjective rights of a person and a prerequisite for the institution of civil proceedings.At the end of the pre-trial proceedings, a person turns to the authorities, the level of which is determined by the jurisdiction in each case, to protect the legitimate interests secured.The plaintiff is an application that must comply with the statutory form and contain very specific and reasonable description of the nature and basis of the requirements of the face.
Russian legislation does not define the concept of "claim", but this definition is used.According to the text of the Civil Code, there are two elements of the application: the object and the cause of action.In jurisprudence there are discussions about the validity of the allocation component, the content for this type of document.
Proponents of approval of this element as a self-disclose it as desirable for the plaintiff's court action.Thus, the applicant may require the awarding of the respondent (opponent Procedure) to commit certain actions or to refrain him from any activity - ban authorization in the form of a judgment or decision.Also, the plaintiff may require the recognition of the existence or absence of a legal relationship or change or termination.Subject matter
modern jurists understand differently.Some authors reveal that category as the legal disputes, which must be authorized by the court at the request of the plaintiff.Other theorists understand the subject of the claim as a substantive argument, to which the applicant refers to the competent authorities.Finally, the majority experts interpreted as a specific category of the plaintiff's claim against the defendant, in which the court as a result of the analysis submitted by the parties of documents and evidence, and regulatory information concerning the legal standards required to make a reasonable and lawful decision.
position of the last group of authors to be the most reasonable in view of the fact that it reflects the adversarial principle in civil proceedings.Subject matter in this case is understood as requiring the plaintiff to the defendant, and the court acts as an arbitrator, called for a return against participants of a dispute within the law.Such an understanding of the essence of an element closest to the application of the modern concept of civil procedure.
Subject matter in the proposed interpretation is closely linked to its content.The latter is defined as the desired action of the court for the plaintiff and the defendant is not a requirement.Based on the fact that the applicant certainly expect a certain decision from a judge, taking into account the competitiveness of the civil process, one can draw a conclusion about the reasonableness of isolating such elements as the content and subject of the claim, as separate components of treatment.
addition to the above, is isolated as the base application.Beneath it is understood the circumstances on which the claim is based.So, if the subject of the claim - a direct request, the base is evidence of violation of the right, title documents and authorizing documents, other evidence of legality and validity of circulation.
