Legal Encyclopedia. Letter O

cause of action

- The facts that substantiate the claim for protection of the right or legitimate interest. The cause of action includes only legal facts, ie, the facts to which substantive law is associated with a change or termination of rights and obligations of the subjects of the disputed material relationship.

There are factual and legal basis of the claim.

The legal OI includes to be protected subjective right (claim for award, transformative and positive actions) or a legitimate interest (negative and transforming claims) as well as material law stipulating conditions

occurrence, change or termination of rights or legitimate interests and ways to protect them.

The OI actual facts of reality included (referring to their ideal, logical way). They are law-, pravoprepyatstvuyuschie, pravoizmenyayuschie facts and law-stopping facts. Also in the actual base includes evidence of a violation or contestation of rights or legitimate interest.

OI are divided into two groups: actual (legal facts) and legal. Legal grounds that constitutes a legal norm (or body of law), with reference to which the claimant.

The basis of the claim, thus, are the facts which, according to the substantive law indicate the presence (absence) between the plaintiff and the defendant and legal validity of the output therefrom plaintiff claims the defendant. Some facts prove the existence of a subjective right - the facts of the active cause of action. Other facts prove the validity of the plaintiff's claim against the defendant, ie, facts that justify the defendant's breach of their duties, - the facts of passive cause of action. Still others argue for bringing an action - an occasion to suit facts. Such a classification, in spite of its conventionality, has a certain practical value: helps to clarify the nature of the distribution between the parties of the rights and responsibilities of collecting and presenting evidence.

Change OI belongs only to the plaintiff. The courts do not have the right on their own initiative to change the base of the claim. The duty of the court includes consideration of the claim on the grounds that are stated. If the court does not inspect all the arguments of the plaintiff, one or more of the grounds alleged claim will be left without consideration. The judgment in this case be set aside because it is not based on a comprehensive and full elucidation of the case.