What is the Code of Civil Procedure
judicial procedure to establish and enforce claims under private law. The provisions of the Code of Civil Procedure (ZPO) are fundamentally mandatory; In exceptional cases, the parties can regulate the course of the process differently (e.g. agreeing a place of jurisdiction).
1. Knowledge procedure: Serves to check and determine the asserted right.
2. Enforcement procedure: Used to enforce the decision.
The judicial system
Regulated in the Courts Constitution Act.
1. Construction: The district court as the lowest level in the court structure generally decides. Litigation with an amount in dispute of up to EUR 5,000, in the case of an amount in dispute over EUR 5,000 the regional court in the first instance appeal against district court judgments with a value in dispute of more than 600 euros or, if the court has admitted in the judgment, appeal to the regional court, in family matters to the higher regional court (OLG), against regional court rulings appeal to the higher regional court; admissible to the Federal Court of Justice (BGH).
2. The local jurisdiction basically depends on the place of residence of the defendant (but numerous special places of jurisdiction).
1. Negotiating principle: This principle means that the court may only take into account the facts and evidence that the parties put forward and on which they rely - no ex officio clarification of the facts as in criminal proceedings - and that the court may only decide within the framework of the applications made .
2. Publicity and Orality.
3. Process unit: This principle means that all hearing dates are equivalent and the parties can consequently, within the scope of what is legally permissible, put forward new means of attack and defense up to the end of the last oral hearing.
1. Filing a lawsuit; at the regional court with compulsory lawyer; the claimant must make a specific request and state the facts which, in his opinion, justify it.
2. If the defendant disputes, the plaintiff must Evidence designate for the existence of the facts; the defendant can Counterclaim in order to assert your own claims that are related to the claim.
3. If there is no litigation requirement, the lawsuit is deemed to be inadmissible to reject; otherwise the process will be decided by one over the main one judgment or through Process comparison completed.
4. The loser can do what is permissible in individual cases Legal remedies insert and, depending on the nature of the matter, request a renewed negotiation of the matter (appeal) or a review only from a legal point of view (appeal).
5. In the event of a waiver of legal remedies or exhaustion of legal remedies, the judgment is reached Legal force; it can then only be attacked by resuming the proceedings (amendment suit, enforcement counterclaim).
Special types of procedure
1. Dunning procedure: Upon request, after a summary examination, a dunning notice is issued which, if no objection is filed by the debtor, is declared enforceable (enforcement notice).
2. Document process, change process and Check process: In summary proceedings, a reservation judgment is issued if the claim can be proven by the presentation of documents; in the event of an objection by the defendant, the right to assert his rights is reserved in the ordinary course of proceedings.
3. Attachment proceedings: Used to secure future foreclosure of a monetary claim if there is a suspicion that the debtor intends to thwart it or make it much more difficult.
4. Interim disposal: Serves to secure future foreclosure due to other claims and to regulate a temporary situation.
5. Enforcement procedure:Foreclosure.
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