What are the rights a person shall have in order to bring a civil case to the Court?
Any person who intends to bring a civil case to the Court shall bear two grounds prescribed by the law as follows:
- the existence of disputes or accusations with regard to the rights or duties of a person under the civil law; or
- the existence of causes and necessities to exercise the rights, as acknowledged and protected by law, through the Court.
In the first instance; the existence of disputes or accusations with regard to the rights or duties of a person under the civil law.
This is the case where an act of a person causes disturbance, annoyance, damage, or infringement of legal rights of others which are the rights in property, money, life, body, family, honor, fame, or any other rights in accordance with any lawful agreement and as specified by the law.
In the second instance; the existence of causes and necessities to exercise the rights, as acknowledged and protected by law, through the Court.
This is the case where it is legally required that certain action can be undertaken, or some rights can be exercised, only upon the Court’s approval or acknowledgement, for instance, a request for appointing an administrator of the estate, a request for the Court’s approval for entering into a juristic act on behalf of a minor, a request for the Court’s order in determining a person as incapacitated, quasi-incompetent, disappeared, or a request for the Court’s order on an acquisition of a land via adverse title, etc. In such cases, a claimant is not required to bring an action against anyone as a defendant.
The claimant may file a motion to the Court stating his or her causes, necessities and requirements; thereafter, the Court will fix the date for hearing the motion. This kind of case is called a non-contentious case.
On the contrary, in the case where there is a dispute with regard to one’s rights and duties, the person whose act causes such dispute shall be sued as a defendant. This kind of case is called a contentious case.