What is the difference between the change of the basis and the subject of the claim?

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26.06.2023 10:06 386

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Photo of lorina200215 Lorina Fedan

A change in the subject of the claim means a change in the claim with which the claimant addressed the defendant, and a change in the grounds of the claim means a change in the circumstances on which the claimant's claim is based. Simultaneous change of both the subject and the grounds of the claim is not allowed.

Changing the basis of an administrative claim is possible in the following ways:

1) replacement of some factual or legal grounds of claim by others;

2) adding new factual or legal grounds;

3) removal of some of the specified factual or legal grounds.

The subject of the lawsuit is the plaintiff's material and legal claims against the defendant. The need to change the subject of the lawsuit may arise when the plaintiff's initial requirements do not allow him to satisfy his interests.

Changing the subject of an administrative claim is possible in the following ways:

1) replacement of some claims by others;

2) addition of new claims;

3) removal of some of the claims;

4) presentation of these requirements to another defendant within the framework of disputed legal relations.

26.06.2023 11:49

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