On the Exercise of the Right of Suit in the Context if the Choice of Cause of Action

Abstract

The article studies the legal nature of the right to claim in the aspect of the unity of substantive and procedural features. In addition, the right to choose a claim is disclosed in cases of competition of claims, which is important not only in theoretical but also in practical terms. In order to form a comprehensive understanding of the essence of the right to claim and its implementation in the competition of claims, general scientific and private law (historical-legal, formal-legal, comparative-legal) methods are used. It is proved that the right to claim is a complex category, the content of which includes the right to sue (first) and the right to satisfy a claim (second) as different but correlative concepts. It is noted that the uniqueness of both powers of claim is manifested in the conditions (prerequisites) for their occurrence and implementation, which are divided into general (universal) and special. In addition, the issue of the exercise of the right to claim in the context of competition of claims is raised, the criteria for choosing the appropriate method for the protection of violated or disputed rights and interests protected by law are highlighted. It is concluded that leveling the competition of claims requires the development of a special, most effective strategy for exercising the right to claim.