Legal gas station
In law, there are four examples of the classification of lawsuits: lawsuits for payment, lawsuits for confirmation and lawsuits for modification:
1) Zhuo sued Sha to stop defaming his reputation, which is a lawsuit for payment.
Analysis: A lawsuit for payment refers to a lawsuit in which the plaintiff requests the court to order the defendant to perform a specific payment obligation to the plaintiff. Stop defamation as a negative act payout.
2) Zhao and Qian's application to the court to confirm the mediation agreement made by the people's mediation committee is a lawsuit for confirmation.
Analysis: The premise of the application of the classification theory of litigation is for litigation cases. This description is a judicial confirmation of mediation, which is a civil non-litigation case, and does not apply to the classification theory of litigation. Although the word "confirmation" appears in the description, it is not related to the lawsuit of confirmation.
3) Zhang sued Wang, requesting the termination of the sales contract signed between him and Wang, which is a confirmation lawsuit.
Analysis: The parties' lawsuit to terminate the contract is a lawsuit for confirmation. The reason is that when the parties exercise the right to terminate the contract, the contract can be terminated when the notice of termination reaches the other party or a copy of the complaint is served on the other party. The termination of the contract only requires a unilateral expression of intent, and does not need to pass the judgment of the court, so the lawsuit itself is not for the purpose of terminating the contract, but only to confirm the status of the termination of the contract.
4) The creditor Wang sued to request the court to revoke the obviously low-priced house sales contract between the debtor Zhou and the third party Liu, which is a lawsuit for modification.
Analysis: A lawsuit for modification refers to a lawsuit in which the plaintiff requests the court to change or terminate an existing civil legal relationship by judgment. The creditor's exercise of the right of avoidance can only be exercised through litigation, and the legal relationship between the debtor and the third party can only be extinguished when the judgment is won and takes effect. Therefore, the purpose of the creditor's exercise of the right of avoidance is to extinguish an existing legal relationship, which is a lawsuit for modification.
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