Non-commercial action

Civil turnover provides for the recognition of specific human rights for a person, allowing to ensure the reliability of legal protection. This includes measures of a legal, economic, political, and organizational nature.

The right to defense reflects the possibility of both the commission of one's own legal actions and the possibility of demanding certain behavior on behalf of the obligated person.

Self-action is understood here as self-defense, self-defense, etc. Under the rights of a requirement means measures of influence of the state bodies applied in relation to the infringer.

The subject of protection is understood as civil subjective rights and interests protected by the law of the country (Article 3 of the CCP).

From the adopted forms of protection, it is customary to distinguish between non-jurisdictional protection and jurisdictional protection, which is the activity of authorized bodies that protect the rights of subjects (subjective rights). The last form is discussed in more detail.

Jurisdictional submits to a certain form and a certain order of protection. The forms include two types of order: special and general. According to the general rule, the protection of all rights takes place in a judicial order, where the authorities represent the courts: arbitration, arbitration, general competence.

The means of protection is a claim (negator claim). This is an appeal to the court demanding that the defendant fulfill the obligations on him. It is also called the defense order of defense.

A non-litigation lawsuit is the most important mechanism to ensure the restoration of violated rights of possession. Its essence is in removing obstacles to the possibility of using their property. A non-legal action can be brought only if there are such obstacles. In addition, at the time of filing, the owner and the respondent can not be in the obligation relations concerning the controversial thing (Civil Code, Article 304).

If they speak of the violation of the rights of the owner, it means his rights - the right to dispose and the right to use. A non-judgmental claim protects these rights.

For example: the owners of neighboring buildings and, accordingly, of land plots create interference by their actions for the implementation of each other's rights: they erect a structure that closes free access to the passage or passage to one of the plots. The task of the court is to sort out the powers of the neighbor's actions that erected the structure, and, if necessary, force the defendant to dismantle the building.

The filing of a claim is also possible in the entrepreneurial sphere, when, for example, one enterprise creates interference for the possibility of using the second territory or part of the building bought out.

The right to negator lawsuit is available both to the owner and to the title holder, who is deprived of the possibility of use (disposal). It can be presented by lawful owners (by the way, not always owners), not deprived of possession in case of rendering them obstacles in its use. But if the obstacles were in the past (not in the present), the claim for consideration will not be accepted. A different type of suit is relevant here : compensation of damages, incl. Moral harm (legal entities have the right to do so). Suppose that no unitary enterprise "P" was prevented for half a year from exporting the produced products to organization "N", which is repairing (laying) the gas pipeline near the exit of the enterprise "P", which had no other exit possibilities. The work of the organization "H" dragged on. Enterprise "P" filed a negator lawsuit with the requirement to remove obstacles. The suit was satisfied, obliging the defendant (construction organization) to create conditions for unhindered export of the enterprise's "P" (plaintiff) products.

A non-legal action can also prevent the possibility of violation of property rights. The owner, for example, can achieve the prohibition (or cancellation) of the construction of the structure, if it interferes with the use of property.

Non-litigation lawsuit. Sample:

AT ................................................. ................................
(Court, its name)
.................................................. .....................
Claimant: ................................................ .....................
(To be indicated)
location.............................................
.................................................. .....................
check in................................................. ........
.................................................. .....................

Respondent ................................................. ..............
(Indicated by the full name) ......................................... ..
location..............................................
.................................................. ....................................
check in................................................. .........
.................................................. .....................

Statement of claim

(Indication of property, method of acquisition, time of possession, violation of rights, type of violation and timing of violation, losses incurred (indication of a specific amount))
Respondent (indication of full name) ............................
.................................................. ....................................
Refuses losses, citing:
.................................................. ....................................
.................................................. ....................................

Considering the foregoing, I ask the court
To eliminate violations of my rights of the owner
.................................................. .....................................
.................................................. .....................................
And refund the amount received by me
Loss ................................................. ............ (rub.)

Witnesses:
.................................................. ....................................
(Name, address)
.................................................. ....................................
(Name, address)
.................................................. ....................................
(Name, address)

Applications:
1. Contracts of donation, exchange, purchase and sale, alienation, etc.).
2. Confirmation of violation of my rights as owner (acts, letters, etc.).
3. Receipt confirming payment of state duty.
4. Copy of the application (transferred to the respondent).
Date.
Signature.