February** Dynamic Incentive Program
As a legal way to resolve disputes over rights and obligations between civil subjects, the core purpose of civil litigation is to realize rights or change legal status. The types of civil litigation are mainly divided into confirmation lawsuits, payment lawsuits, and modification lawsuits (formation lawsuits), and each type of litigation has its own unique legal significance and application scenarios. It is possible for a case to give rise to multiple lawsuits, and a lawsuit may bring multiple claims. The relationship between the right of claim and the litigation can not only help us better understand the legal basis of civil litigation, but also has great significance for guiding practical legal practice.
The German jurist Bernhard Wendscheid's theoretical contribution to the right of claim at the end of the 19th century refined and advanced the concept of the right of claim from the concept of litigation in Roman law and common law, making it one of the indispensable cornerstones of the modern civil law system. As a core concept of substantive law, the right to claim refers to the right of a legal subject to require others to do or refrain from doing certain acts based on a certain legal relationship. It is a mandatory requirement of the subject of rights in the legal relationship to the subject of obligations. Compared with the right of claim, litigation is a concept in procedural law, which refers to the trial request filed by the parties to the court according to their right of claim, which is a way for the right of claim to be realized in legal procedures. Such lawsuits brought in court on the basis of claims form the basis of civil proceedings.
The cause of action acts as a bridge in civil litigation, linking the specific case to the lawsuit. The determination of the cause of action has a decisive impact on the jurisdiction of the court, the classification of the case, and the trial. Through the setting of the cause of action, legal practice can effectively classify and deal with many complex cases, ensuring the orderly progress of litigation. This close connection between the cause of action and the suit shows that any lawsuit must be preceded by a clear cause of action, which helps to ensure that the lawsuit can resolve the legal dispute between the parties in a targeted manner. In this process, the establishment of the cause of action and the filing of the lawsuit complement each other and together constitute the basic framework of civil litigation.
The relationship between a claim and a claim is more complex and nuanced. While claims are usually made on the basis of a claim, not all claims directly correspond to a clear and unambiguous claim. This is because a claim may involve multiple legal norms, including basic, ancillary, and opposing norms, which together form the legal basis for supporting the claim. In specific litigation practice, to determine whether a claim is valid, it is necessary to consider whether it has a sufficient legal basis, which includes a comprehensive examination of the basic norms, auxiliary norms and opposing norms. Therefore, although the litigation claim is formally based on the right of claim, whether its substance is established requires an in-depth analysis of the specific legal norms and the facts of the case.
The nature of the right of claim reveals its essence as a right of relief. The right of claim can arise on the basis of a variety of legal relationships, including but not limited to creditor's rights relationship, property right relationship and personality right relationship. As a right of remedy, the fundamental purpose of the right of claim is to provide protection for the original right. This protection can not only be achieved through the parties' voluntary performance of debts, but more importantly, it can be enforced through court rulings. The relationship between the right of claim and the lawsuit reflects the careful design of the law's rights protection mechanism, which aims to ensure that the rights subject can effectively protect his or her rights through legal procedures.
In legal practice, multiple claims may arise from the same facts, and these claims may be mutually exclusive or compatible with each other, forming a competition or aggregation of claims. This phenomenon demonstrates the flexibility and adaptability of the law in dealing with complex social relations. For example, in the case of damages, the right to claim for breach of contract and the right to claim for infringement are mutually exclusive, and the parties must choose to exercise one of the claims in the lawsuit. This choice not only affects the litigation strategy, but also determines the ultimate legal consequences. The competing claims require the parties to make an informed choice within the legal framework, while the aggregation of claims allows the parties to make multiple claims in the same lawsuit, increasing the complexity and flexibility of the litigation.
The symbiotic relationship between the right of claim and the litigation and their separation from each other reveal the complex mechanism of the legal system in dealing with civil disputes. As the basis for the resolution of legal disputes, the right of claim provides the legal basis for the lawsuit, and the lawsuit is the path for the realization of the right of claim in the legal procedure. This mechanism ensures that the parties can realize their legal rights through the legal procedures, and also reflects the fine-tuning and design of the law for different types of dispute resolution. When analyzing and dealing with specific legal issues, an in-depth understanding of the relationship between the right of claim and litigation will help legal practitioners to grasp the legal norms more accurately and effectively resolve disputes between the parties.
By analyzing the development of the concept of claim, the relationship between cause of action and action, and the connection and difference between litigation claim and claim, we can understand the operation mechanism of civil litigation more comprehensively. This understanding not only helps legal scholars deepen their understanding of the civil legal system, but also provides a theoretical basis and practical guidance for legal practitioners when dealing with specific cases. In the vast field of law, the relationship between the right of claim and the right to litigate is like a beacon, illuminating the path of legal practice and guiding legal practitioners to explore the correct path of rights protection.