There are situations when, after filing a statement of claim with the court, new circumstances in the case open up, in connection with which it becomes necessary to amend the statement of claim. The main thing is that the changes we make are legal and do not violate the interests of third parties.
Instructions
Step 1
The Civil Code of the Russian Federation directly tells us 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 by amicable agreement." In this legislative formulation, it is important to pay attention to the phrase "subject or basis". According to him, in the process of action proceedings, you can change either one or the other. Substitution of the subject and the basis at the same time will be considered the filing of a new statement of claim.
Step 2
The grounds for the claim are the circumstances of the case, confirming the claims made by the plaintiff. Changing the basis of the claim will mean the replacement of the facts (in whole or in part) that served as the basis for the claim. The change in the basis of the claim does not in any way affect its subject matter, which means that the plaintiff continues to support his interests.
Step 3
The subject of the claim is the substantive claim itself, addressed to the defendant. It can be expressed in the commission of actions specified in the claim, or refusal to commit them, recognition of a fact, or its absence, etc. The change in the subject matter of the claim implies the replacement of this requirement, which will continue to be based on the same facts.
Step 4
Replacement of claims is possible at any time of the trial (the number of submitted court sessions (orally).
