Legal Encyclopedia. The Letter

A civil case

- The initial stage of the civil proceedings in which the judge, having received an application for the protection of subjective rights or legally protected interests, decide on the acceptance of a civil case to court review.

The civil case instituted at the request of persons specified in the law. Cause of action proceedings are excited by filing a statement of claim, and cases arising from administrative legal relations and special production - by filing a complaint or statement.

The issue of acceptance of an application in a civil case is permitted by a single judge. The condition of a positive decision is the fact that the right person has applied to a court in this particular case. The judge must also check compliance with the procedure of going to court.

The adoption of the statement issued

definition of VG D. The law contains

an exhaustive list of grounds for refusal to accept the application, they are associated with non-compliance with at least one of the preconditions of the right to bring an action (complaints, applications) and some of the treatment of the order of the court. The judge rejects the application if:

1) the application is not subject to review by the judiciary;

2) the plaintiff has not met established for this category of cases the procedure for pre-court settlement of the dispute;

3) has entered into force, rendered in a dispute between the same parties on the same subject and on the same grounds of the court decision or court ruling on the adoption of the refusal of the plaintiff on the suit or on the approval of the settlement agreement of the parties or the decision of a comrades' court taken within its competence;

4) in the court there is a case on a dispute between the same parties on the same subject and on the same grounds;

5) The contract between the parties to refer the dispute to arbitration;

6) do not have jurisdiction to this court;

7) if the application is submitted by an incapable person;

8) a statement on behalf of the person concerned by a person not authorized to conduct the case.

Invalid denied V. GD based on unproven claims alleged by passing the statute of limitations and other grounds.

Refusing to accept the claim, the judge shall render a reasoned decision that may be appealed by the plaintiff. In it the judge is obliged to specify which body or court should refer the applicant or as to eliminate the circumstances preventing initiation of proceedings.

Fact V. GD raises certain legal consequences. The nature and significance can be divided into two groups: procedural law and substantive law.

The main procedural consequence of bringing an action is the emergence of civil proceedings in the case. In an alternative the jurisdiction of the claimant loses the right to choose jurisdiction, as this right has already been implemented suing.

In connection with the application to the production between the court and the parties,

involved in the case, there is a procedural legal relation, implemented procedural rights and obligations.

For substantive consequences include:

1) termination of suing the limitation period;

2) the obligation of a bona fide owner of another's property to recover all the income that he derived or should have derived from the receipt of the agenda at the suit of the proprietor of the return of property;

3) the award of alimony for the future since the appeal to the court.