A claim for recognizing the absence of debt - establishing a negative fact?
Purpose: Study of such a method of protection as recognition of the debt as absent, from the substantive legal and procedural points of view. Methodology: Historical and legal and formal legal methods were used. Results: The article analyzes the pre-revolutionary works and the works of Soviet and Russian proceduralists who allowed the use of this method of protection. Such a claim is a claim for recognition and the enforceability of a judgment on a claim for recognition does not require enforcement action, but binds the parties to the dispute. The filing of such a claim is aimed at establishing a negative fact. The burden of proof in this claim lies with the defendant. The article analyzes the law enforcement practice and shows the existing problems in the application of this method of protection. Based on this analysis, the effectiveness of this method of protection is proved. Novelty/originality/value: The article has a high scientific and practical value, since this method of protection has not been subjected to special research. However, this method is sometimes the only effective remedy.