How To Change A Claim

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How To Change A Claim
How To Change A Claim

Video: How To Change A Claim

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Changing claims is the process of adjusting the basis or subject of a previously filed claim, taking into account newly discovered circumstances in order to formulate claims as fully as possible. Any changes to the claim are possible provided that they do not contradict the law and do not violate the rights of other persons.

How to change a claim
How to change a claim

Instructions

Step 1

Article 39 of the Civil Code of the Russian Federation states that "the plaintiff has the right to change the basis or subject of the claim, increase or decrease the amount of the claim, or abandon the claim, the defendant has the right to recognize the claim, the parties can end the case with an amicable agreement." It is important to note for yourself in this phrase the phrase "subject or base". Within the framework of one claim proceeding, you can change one thing, otherwise it will be a new claim.

Step 2

The basis of the claim are those factual circumstances that confirm the stated claims. Based on this, changing the basis of the claim means a complete replacement of the facts that served as the basis for the initial claim (or the indication of additional facts or the exclusion of some previously indicated). The change in the basis of the claim does not affect its subject matter, therefore, the plaintiff, as before, pursues the declared interest.

Step 3

The subject of the lawsuit is the substantive legal requirement for the defendant to commit the legal actions indicated in the lawsuit or to refuse to fulfill them, to recognize the existence (or absence) of a legal relationship between the parties, to amend or terminate it. A change in the subject matter of a claim is a replacement for the above substantive requirement, which is based on previously stated factual circumstances.

Step 4

According to the law, the plaintiff has the right to change the claim at any stage of the proceedings after the filing of the claim an unlimited number of times up to the moment the court makes a decision on the case. It is possible to declare a change in the claim both in writing (writing a statement) and orally (by making an entry in the minutes of the court session). A written application is submitted to the court at the place of consideration of the main claim and is considered with it in one court proceeding.

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