The Рrocedural and Legal Nature of the Competition of Claims

Abstract

In the article, the author examined the main features of competition of claims in order to identify their procedural and legal nature. To achieve this goal, the author mainly used the historical method, as well as methods of comparison and analysis. As a result of the study, the author formulated general conclusions that are placed in the conclusion: 1) although competition begins with the choice of a method of defense, its final formalization lies in the concept of a claim addressed to the court, which must select a competing claim, i. e., qualify an offense; 2) the common purpose of competing claims lies in the factual basis of the claim, in circumstances that are the same for the competing claims. However, the unifying feature of competition claims does not include a legal component. It is different for competing claims and stems from different norms of civil law, and therefore entails confrontation between these claims; 3) the termination of other competing claims by the award of the first claim is a key feature of the competition of the claim, indicating the procedural and legal nature of the competition.