Understanding Legal Claims: Process, Elements, and Types

The Legal Process: Understanding Claims and Their Elements

The legal process is initiated by a claim or declaration of will from the plaintiff or prosecutor, filed in court against the defendant or accused. In civil proceedings, it seeks the recognition of an existing right or legal position, or the conviction of the debtor to fulfill a specific obligation. In criminal trials, it aims for the sentencing of the defendant to a particular penalty.

Key Elements of a Legal Claim

Subjective Elements: Legitimacy

This refers to the legal relationship that must exist between the plaintiff and the defendant. The burden of proof for establishing both active (plaintiff's) and passive (defendant's) legitimacy rests exclusively with the plaintiff.

Objective Elements: The Petition

The petition is a declaration of will that defines the claim. This statement is articulated in the written pleadings of the parties, individualizing the claim and determining the specific subject matter upon which the judge's decisional activity will focus.

Factual Basis for Claims

The petition, by itself, is not the sole subject of litigation. It requires a factual basis, which varies according to the specific type of legal process.

Types of Legal Claims

• Declarative Claims

  These aim to obtain a judicial recognition or statement of a pre-existing legal right or situation.

• Claims for Condemnation

  These seek the judicial condemnation of the debtor to comply with a specific obligation (e.g., to give, to do, or to refrain from doing something).

• Constitutive Claims

  These aim to establish, modify, or extinguish a legal right or status.

Formalities of a Claim and Counterclaims

The claim must be formally presented in the written submissions of the parties. In most cases, this declaration of intention is made by the plaintiff in their statement of claim. However, exceptionally, when responding to a demand, the defendant may not only answer but also present a new claim against the plaintiff.

This claim, formalized within the response to the original demand, is known as a counterclaim, through which the defendant temporarily assumes the role of a plaintiff.