Under the provisions of the Russian legislation, the defendant is entitled to recognize the claims, in whole or in part.
To obtain this recognition is important to know the requirements of the law.
Russian Code of Civil Procedure describes in detail the rights and obligations of the parties and third parties. One of the rights of the defendant and the third party is the recognition of the claims asserted by the plaintiff.
; Agreement with the claim may be complete or partial. And in fact, and in another case, it is important to issue this declaration of intent of the defendant.
At what stage of the proceedings can be regarded as a claim
Partial recognition of possible claims throughout the civil process, but before the departure of the judges in the deliberation room to decree a verdict.
Once the decision is made to recognize a claim does not make sense, since the requirements already satisfied (or, on the contrary, the claim is denied).
The law does not contain clear requirements on how the fixation of recognition. But there are rules of drawing up court records and established a certain jurisprudence.
•; partly admit the claim canorally. In this case, the statement of the defendant or a third party entered into the trial record. A person recognized requirements, casts this entry sign and date.
•; It is possible and in writing of the registrationremedial action. The defendant in his own name is the application and addresses it to the judge dealing with the case. Details of the document should contain information about the affairs of the participants (name, surname, address, status in the proceedings) and the request for partial recognition of the claim.
The application is written in advance and shall be presented at the hearing or supplied in advance to the office of the court or by mail.
•; It is necessary to specify which part of the recognizedrequirements. For example, the amount of the claim is 80,000 rubles, and the defendant agreed to pay 50,000 rubles. This means that he recognized the requirement in part, in the amount of 50,000 rubles.
To agree with the part of the claim is allowed and the representatives, if the power of attorney provided the appropriate authority.
The conditions under which a claim can be considered
Not every one can claim to accept. Court authorized to receive partial recognition of the claim, if it is legal and does not affect the rights and interests of others. For example, filed a lawsuit to evict the former spouse and child. This decision of the court for a divorce the child referred to the education of the mother. The wife sued partially recognized, and was willing to move out from his living space. The court may not give their consent, since it violates the rights of the child, who has the right to live and grow up with her mother.
Therefore, courts scrutinize the legitimacy and legality of the consent of the defendant or a third party with a claim and only then accept this recognition.
If the court accepted the partial recognition of the claim, the decision he has the right to refer to that fact and does not motivate the verdict in this part.
The will of the defendant does not terminate the proceedings on the merits and does not affect the distribution of court costs.