Историческая динамика теории об элементах иска в науке гражданского процесса

The article explores the history of understanding the legal construction of "claim" in the Russian science of civil procedural law. Points of view of the leading theorists concerning understanding of this legal category are given, dynamics of development of the doctrine is analyzed, the main scientific schools conducting development concerning the claim and its components are cited. It is shown that the modern stage of the doctrine of the elements of the claim is characterized by a generalization and synthesis of scientific developments of the scientific processists of the Russian Empire and the Soviet Union. In the new conditions, the authors base scientific conclusions on the concepts and theories of the past, which not only shows the unity and integrity of the science of civil procedural law of Russia, but also the continuity of legal regulation throughout the history of Russia of such a legal phenomenon as a lawsuit. Moreover, the doctrine of the elements of the claim does not "stand still".

action proceeding, elements of claim, history of doctrines about the lawsuit, lawsuit, legal structure, theory of action, иск, исковое производство, история учения об иске, теория иска, элементы иска, юридические конструкции

Русский

Право и практика. – 2019. – № 4. – С. 50–55.