Indictment and its constituent components

Amantia LEVANAJ

Abstract


This paper focuses primarily on the treatment of the indictment and its constituent components, considering it as a tool for the protection and realization of individual rights. Indictment Institute discloses an even more special interest. Indictment Institute discloses an even more special interest on various studies and treatments. In specific periods in the development of society, starting from the Roman period, in which it originated and then followed by the period Ottoman, in which this institute was obviously improving to the present days , analyzing the issues of the concept of the claim, its types, interest to act in judgment, filing a petition as well as its constituent elements . Through this paper I clearly highlight that the indictment institute is considered as a one of the oldest institutions in the development of society. The focus of any democratic state is precisely the protection of human rights and fundamental freedoms, whether pecuniary or non-pecuniary and exactly for this reason serves the investment of the courts, through the institution of the indictment to seek the protection of these rights in case of their breach.The civil lawsuit along with its constituent elements is a legal institution which ensures the protection of individual rights of persons from any violation or violations that may occur as a result of the actions of third parties. The study includes treatment of legal doctrine, classifying the claim in terms of procedural and substantive concept. In material terms, the claim implies that kind of legal power that a person has to seek the realization of a civil right against another person regardless or against his will, while the procedural concept has the legal power to invest the court for recognition or restoration of a right denied or violated by another person, ie civil lawsuit on procedural sense is a means of protection of a right through the court.

DOI: 10.5901/mjss.2014.v5n19p93


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Mediterranean Journal of Social Sciences ISSN 2039-9340(Print) ISSN 2039-2117(Online)

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