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Who is the plaintiff

Who is the plaintiff

The media are often found news, which states that a certain individual or company is made by the plaintiff in any lawsuit.

What does the legal term?

The general concept of the claimant

The plaintiff - a person or company thatfiled a lawsuit in court to defend their legitimate interests. This term is used in civil proceedings, ie in civil cases. If we are talking about the constitutional dispute, the claimant is the authority, which has a claim to the other authorities.
Become a plaintiff may any person havingCivil legal standing. Appeal to court to protect the rights and interests is called the lawsuit. As a rule, the case excitation initiates the victim himself, who sues. However, the claim and state authorities may submit in support of the victim.
In cases where the plaintiff is the organization,Court held, with the participation of its authorized officers, which supports the lawyer. And as the last is to serve the organization not a lawyer, and hired a specialist.

Who can not be a plaintiff?

Underage (under 14 years of age) orincapacitated plaintiff can not independently defend their interests in court. This right is transferred to his legal representatives. These may be, for example, parents and guardians.
In a special category of citizens under the age allocatedfrom 14 to 18 years of age and people with disabilities. They need a legal representative, but the hearing should be conducted with the involvement of the plaintiffs themselves.
There are some cases in whicha minor (under 14 years), as the plaintiff has the right to independently participate in the case. Such a possibility appears, if a citizen has married or been recognized as fully operational. Furthermore, similar situations occur in certain types of disputes (particularly labor).

Features of legal practice

If one takes the case of more than one claimant, theeach of them must present his claim. Collective complaints Russian legislation prohibits. Permission is granted to sue in order to protect not their own interests but the interests of another person. However, in such cases it is required that the lawsuit has been applied with a power of attorney signed by the victim himself.
Note that in the law is the concept of "applicant". This term is narrower than the "plaintiff." However, in practice, in the speech, they are used as synonyms.
The plaintiff considered the victim in the case, if the court ruled the defendant guilty verdict, or if it was proved that the plaintiff has suffered damage as a result of the act, considered in court.

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