Civil disputes. Pre-trial settlement of the dispute

Civil disputes are one of the most common categories of law. In the arbitration process, there is a subject of protection: the property relations of organizations. Civil Procedure Law, in turn, provides for a special procedure for the organization and conduct of protection.

On the concept and definition

Civil disputes are differences that have arisen between citizens. The peculiarities of the process are that legal persons can be subjects of this type of legal relationship. The Code of Civil Procedure of the Russian Federation provides for a huge list of issues on which there can be problematic situations in the light of civil proceedings.

The most common type of dispute is disagreement over the distribution and consumption of property benefits. It can arise between two individuals or between a citizen and an entrepreneurial organization. But in no event two companies can not resolve a property dispute in a civil court, it is the prerogative of arbitration legislation.

About types and classifications

Civil disputes have a huge number of types and classifications for various reasons. This trend is easily explained by the fact that civil proceedings are authorized to solve a wide range of issues. For example, one of the most popular classifications is the division of disputes over the subject of a claim: environmental law, family, civil, property and personal non-property relations, patent and copyright, labor law and so on.

Many do not know that the decision of the issue of criminal liability, as well as the issuance of an acquittal or conviction is the competence of the civil court. This category of "disputes" is considered in the field of criminal justice in a special order.

It should be noted that civil disputes within the framework of one classification can be divided into several subspecies, but this will be discussed in the next chapter.

Property disagreements

The dispute arising from civil property relations of a property nature is, perhaps, the most widespread one. This category is divided into several subspecies:

• Violation of property rights.

If the defendant agrees with the claims, the pre-trial procedure for resolving the dispute is permitted. If the citizen does not agree with the charge, the civil proceedings begin to unfold. Features of this subspecies are that the violation is related to the right of ownership: illegally seized property, destroyed or corrupted thing.

There are also situations when property is not infringed, but the owner of the property does not have the ability to dispose of the thing. The civil law of the Russian Federation also solves such a range of issues. For example, when the neighbor regularly blocks "Kamaz" passage to the garage.

• Violation of the contract.

Violation of the requirements of the contract is the most popular issue of civil procedural law. Many people, making out a commitment in their own name in writing, do not try to fulfill them. There are many examples of such legal facts. The borrowed money should be returned, mortgages and loans should be paid in a timely manner, and the premises leased should be properly used.

• Causing harm.

Any of us wants the offender to be punished, and the spoiled property is paid for and restored. This category of disputes presupposes a pre-trial settlement of the dispute on general terms: consent of the defendant. Smashed the window in the car? Spoiled the expensive thing? Caused moral damage? Only a civil court can solve the disputed situation!

Family - without it anywhere

Although to a lesser extent, but family relations are regulated by civil law. The given branch concerns both control of personal non-property, and relations of property character. The latter, in turn, are subdivided into several subspecies:

• Personal disputes: with whom the child will live in case of divorce of parents, who will be engaged in his upbringing, issues of divorce.
• Family property: the division of things, the ratio and share of property, the participation of the child in this type of legal relationship, as well as alimony constitute the subject of property family relations.

Labor disputes and housing legislation

The procedure for considering civil disputes relates to housing and labor problem situations. The subject of consideration are public relations regarding illegal dismissal, transfer, nonpayment by the employer of wages, illegality of imposing the penalty, as well as material liability of the employer and employee in conjunction with recourse obligations.

Housing disputes relate exclusively to housing, but not as property, but as an object of residence and use. So, buying and selling an apartment will not be the subject of a housing dispute, but eviction from an apartment is quite suitable for this category.

Public disputes

A little less often in judicial practice, there are constitutional problematic situations. So, in accordance with national legislation, a citizen has the right to apply to the court in case of violation of his constitutional rights. For example, he was not included in the voters list and officials refuse to do so in the future. Cases of this nature are extremely rare, since the implementation of constitutional rights is exercised either by the bodies of the subject or by municipal bodies, after which careful control is established.