Statements of claim in family disputes
The basis for the emergence of civil rights and obligations are other regulations established by law, as well as the actions of individuals and legal entities, both provided and not provided for by laws.
This is important to know: Appealing the refusal of the plaintiff’s claim in civil proceedings: consequences of refusal
_______ himself periodically appears at work in a drunken state, behaves inappropriately, throws hysterics, insults and humiliates my daughter in every possible way in the presence of work colleagues.
Civil Code of the Russian Federation on abuse of civil rights:
- The purpose of refusing to protect a right to a person who has abused a right is not to punish that person, but to protect the rights of the person who has suffered as a result of this abuse.
Abuse of process
A disdainful attitude towards the concept in question can be expressed by both material and procedural encroachments. Procedural law arises only for persons participating in the case after the statement of claim has been accepted and initiated. Neglect of procedural privilege can only arise from this point onwards. It follows from this that the filing of a complaint or statement of claim, on the basis of which a case is initiated in court, as well as the inclusion of any provisions in them, cannot be recognized as an abuse of law.
Neglect of the concept in question can cause consequences such as delaying the process or an unfavorable outcome for its parties.
In this matter, the Arbitration Procedure Code surpassed the Civil Procedure Code. This is due to the fact that it contains rules regulating adverse consequences for persons who abuse their procedural rights. For example, legal costs are borne by such persons. There is also a fine for a person or group of people if they abuse their rights or fail to fulfill their procedural duties.
Filing a claim or complaint is not a violation of the law in question.
Judicial practice indicates that most often abuse of procedural law is expressed in filing a petition to disqualify judges, to postpone the trial itself, or to suspend the proceedings.
Conventionally, the result of the action under consideration can be divided into two groups.
- Payment of a certain amount of money by a person abusing his right.
- A judicial refusal to a person who is found to have neglected the provisions of the law in question to perform certain actions that this person requests.
The first group is aimed at stopping the court from actions that could delay the progress of the process. The second criterion focuses on the penalty of legal costs that is applied to a person who abuses his privileges. This issue is resolved by the arbitration court and ends with a legal act or ruling.
