Types of claims in Russian and Roman law

The suit in the civil process, in fact, isappeal to the courts of interested persons, the basis for which is the requirement to protect the subjective law protected by law. The claim is an effective procedural means allowing to resolve the dispute about the right that has arisen between the two parties. An important means for initiating the process is a statement of claim. According to the law, any interested person can apply to the court for protection of the disputed or violated right. Such a treatment is called a suit.

Types of claims in modern production

Classification of those in material legalThe feature corresponds to a specific branch of law. That is, the types of claims are determined by the legal industry, to which the requirements specified in them refer. The claim arising from the employment relationship will be labor, from civil legal relations - civil, from residential legal relations - housing, etc. A more specific classification exists also within a single group.

Types of claims in the civil process are divided into claims relating to individual contracts (leases, leases, etc.), claims that challenge the right of inheritance, ownership, copyright.

Types of claims: procedural and legal classification

This typology covers almost allexisting 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 for award contains such claims, the subject of which provides for a method of protection, based on forced or voluntary performance of obligations on the part of the defendant, provided that these obligations are confirmed by the court. The purpose of such is to compel the defendant to commit or abstain from certain actions. Example: the claimant requires to recover the amount of the value of the purchased item from the defendant.

2. The claim for recognition is a requirement, the purpose of which is to confirm in court the absence, or, on the contrary, the existence of a certain legal relationship. From this follows another name for this category of lawsuits - regulatory. Example: a claim for recognition of authorship or ownership. It should be noted that within this category there are types of claims that carry a positive or negative predisposition. The cases listed in the example refer to the first, positive group (their purpose is the recognition of the disputed law). If the aim is to recognize the absence of a contentious right, then it refers to a group of negative (recognition of the invalidity of marriage).

3. Transformation lawsuit is aimed at stopping or changing existing legal relations between the parties, and creating new ones. Example: the claim for divorce, the exclusion of property from inventory, etc.

Types of claims in Roman law

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

1. The real action provided protection of the corresponding rights. He was presented against persons who encroached on the right of the plaintiff's personal property. Real property claim in Roman law was called vindication and negator.

2. A personal claim provided for the protection of the person's liability law. His name he received on the basis of presentation of a certain person or group of persons.

3. The claim of strict law was considered by a judge in accordance with the contract, the defendant's objections were not taken into account.

4. A suit of conscientiousness, or "good conscience", implied the decision of the judge, provided that the existing law was supplemented with its own provision aimed at resolving the contentious issue. These claims provided for a decision in accordance with the conscience of the judge and the customs of the time.

5. The claim was by analogy, if there were no definite established norms for any action.

6. A suit with a fiction. In the formula, the praetor instructed the judge to present the real existence of certain facts that did not exist in reality, that is, a fiction was used. New relations with the help of such a method were driven by already known suits.

7. Conditional claims are claims that did not contain grounds for occurrence.