Subject matter
- One of the elements of the claim, which is expressed in the substantive requirements of the plaintiff to the defendant.
plaintiff requirement may be expressed in the recognition of the presence or absence of the rights and obligations of the parties or the relationship as a whole, in the commission of certain acts or the prohibition of the transactions. For example, in claims for recognition of PI is a legal relationship, to confirm the presence or absence of which the plaintiff asks the court. PI is the requirement to award to award the defendant to perform certain actions (inaction) or to the transfer of property. P. conversion claim is to require the plaintiff to terminate or modify the legal relationship of the parties.
PI must be distinguished from the object rights in respect of which the action is brought. For example, an object is immovable property, and PI - the ownership of such property.
The law granted the plaintiff the right to
change PI (Art. 39 of the RF Code of Civil Procedure and art. 49 of the APC), which belongs exclusively to him. Thus, the court on its own initiative may not change the PI without the plaintiff's consent.
Change PI takes place in the case of replacement of one disputed the substantive requirements of the other. The plaintiff may exercise its right to change the PI to the judicial act that ends the examination of the case on the merits. In addition, the law prohibits the simultaneous change of PI and the cause of action.
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