Claim as universal remedy of protection of the civil rights
Автор: Dekhanov Sergey Aleksandrovich
Статья в выпуске: 6 (7), 2013 года.
Purpose: In article the legal phenomenon of the claim was considered. Methodology: The author applied a formal-legal method and a method of theoretical modeling. Results: In article legal properties of the claim are analyzed, classification of claims was given, the concept of the bases of the claim and a subject of action was opened, classification of claims depending on nature of encroachment, depending on body, competent to consider and resolve claims, depending on the procedural purpose, depending on nature of protected interests was investigated. Versions of the interconnected claims are established and their characteristic was given. Provisions of the main theories of an individualization of the claim (the theory of the actual individualization, the theory of a legal individualization, the theory of the mixed juridical-actual individualization) was analyzed. Theoretical questions of change of a subject of action, the basis of the claim, subject structure of the claim was investigated. In article the material and legal and procedural concept of abandonment of claim was considered. Novelty/originality/value: Article has the important scientific value as contains possessing scientific novelty of author’s generalizations and the conclusions aimed at the development of theoretical regulations on the claim as about a universal remedy of protection of the civil rights.
Claim, classification of claims, subject of action, claim basis
Короткий адрес: https://readera.org/14027682