Classification of a Claim as the Way of Abuse

Abstract

The article is dedicated to the visibility of the issue of classification of a claim as the way of abuse, in particular, another result of court protection in case of changing the cause of action when the complaints have the equal nature. The author agrees that the choice of classification of a claim must be the prerogative of the injured, but based on specific examples from different spheres (corporate law, insolvency law, contract law, tort law, unjust enrichment) demonstrates the possibility of taking advantage because of such choice. It is proved that different result of court protection can’t be achieved by manipulation of classification of a claim, that allows current regulatory environment. It is emphasized that the final step to prevent such abusive behavior (when the choice of classifications gives the opportunity to prolong procedural deadlines, lowering of evidentiary standards, simplification for producing a desired) must be court, with the authority to change the classification that is offered by the party of a dispute.