The category of "claims" in domestic civil law science

The article attempts an analytical reconstruction of theoretical views aimed at the integration of the category of claim into domestic civil law. The foundation of these views is the theory of regulatory and protective rights, which, according to some scholars, was established by S.A. Muromtsev. In turn, the modern provisions of the theory of regulatory and protective rights have been developed by E.A. Krasheninnikov. The attempts to integrate the category of claim into domestic private law are specifically associated with the works of E.A. Krasheninnikov. At the same time, the claim is a category characteristic of German-type legal orders. Moreover, the emergence of this category is linked to the historical peculiarities in the development of primarily German private law. Meanwhile, there are no prerequisites in domestic private law for the integration of the category of claim. The study employed general scientific methods such as comparison, description, analysis, synthesis, generalization, comparative legal, and historical legal methods. The conducted research not only established the theoretical foundation of the modern theory of regulatory and protective rights in the form of A. Ton's theory of imperatives, but also identified the reasons why scholars developing the provisions of this theory focused on the category of claim. The author reached the following conclusions: 1) the modern interpretation of the theory of regulatory and protective rights represents an attempt to integrate the German category of claim into domestic private law; 2) the search for maximum discretion of the authorized party regarding the exercise of rights led to the concentration of the theory of regulatory and protective rights, as articulated by E.A. Krasheninnikov, on the category of claim; 3) the theory of regulatory and protective rights is a variant of the reduction of subjective rights in the spirit of A. Ton's theory of imperatives, in which only the protective right (claim) is considered a subjective right in the technical sense; 4) the provisions of the theory of regulatory and protective rights cannot be considered satisfactory, partly due to the use of the category of claim. Since representatives of the theory of regulatory and protective rights do not attempt to conceptualize this notion within the framework of domestic private law, taking into account the history of its emergence and development, as well as the functions performed in the "native" legal order.