Meaning of Pretension

What is Pretension:

The action of pretending is known as pretense. As such, the claim is the ambition, purpose, or aspiration that a subject has to achieve something.

In relation to the above, you can see the claim of an individual when he applies for a job with the intention of achieving it, in order to develop a career and progress with the company.

Also, claim is the right that you judge to have over something. For example: by celebrating the wedding, he prevented his claim to fix the house.

Now, the term claim can be viewed in a derogatory way, as exaggerated ambitions or desires. For example: he has the pretense that he will pay for the trip, and take it everywhere. On the other hand, the term under study is seen as vanity, presumption of being considered as such, as for example: teaches but without teacher pretensions.

Synonyms of claim are petition, solicitation, claim, demand, right, among others.

Salary pretension

In this case, one of the most important points that an individual deals with when looking for work is the salary in relation to their functions, which is why the importance of indicating by the applicant their salary or income claim in order to that the employer is aware of and can negotiate on the matter.

Due to the difficulty of answering this question, the applicant must go to the job interview with a prior analysis of how much is earned in the market approximately, as well as the benefits they offer. Regarding this point, it is essential to take into account certain issues, such as the curriculum, that is, if there is work experience, studies, among others.

Likewise, it is helpful to make a list of fixed expenses to determine the minimum for which you are willing to spend it.

Procedural claim

The procedural claim is the declaration of will to assert a right or the fulfillment of an obligation. As such, the claim is requested in the lawsuit, and that is why it is seen as a legal act through which the procedure is initiated so that the judge recognizes the plaintiff's right.

In consideration of the given definition, the following can be established:

  • The claim is a manifestation of will.
  • It constitutes an individualized act with a well-founded request.
  • It is brought before another person, called the plaintiff.
  • Directed to the Jurisdictional Body.

Depending on the specific request that is made, there are three types of claims:

  • Declarative claims, recognition of the existence or non-existence of a specific subjective right or legal relationship is requested. For example: the nullity that produces erga omnes effects, with respect to the invalidity of the declared.
  • Claims for conviction, the actor requires a subsequent conduct of the defendant in his favor, in order to repair or restore his right. The sentence can be pecuniary or non-pecuniary, and within the latter, it can be a sentence to an obligation to do, not to do or to give.
  • Constitutive claims, judicial intervention is needed to achieve the intended effect, it cannot be achieved by the mere will of the parties without a prior declaration of recognition, modification or termination by the Jurisdictional Body. For example: a divorce decree.

Punitive claim

In criminal law, the punitive claim is observed as a request for a conviction on a subject who is understood as the author of a criminal act. To do this, only voluntary bodily behavior is sufficient, whether it is positive (doing), or omission (not doing).

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