Amendment action
The amendment action is a legal remedy that is regulated in Section 323 of the German Code of Civil Procedure (ZPO) . It is a creative action aimed at changing a conviction for future recurring services. It is only permissible if the plaintiff claims "a significant change in the actual or legal situation" (Section 323 (1) ZPO). It is justified if it is available (Section 323 (4) ZPO). In this respect, it is a case of the breach of legal force .
If someone was convicted of future benefits in an initial decision, an amendment suit can later attempt to change this enforcement order for the future. Both the creditor and the debtor are authorized to bring an action for amendment. It must be about services that will only be due in the future and that recur regularly. In practice, these are usually convictions for the payment of monthly maintenance or compensation payments . For the amendment of maintenance titles, Sections 238-240 FamFG contain special regulations for the so-called amendment request.
In order for the amendment action to be successful, the calculation basis for the amount of the recurring benefit, such as the income of the maintenance debtor, the needs of the maintenance creditor or the cost of living index , must change after the judgment has been passed or the other title "material" has been created (ie by more than 10%) to have.
If the amendment action is successful, it leads to a change in the amount of the performance owed from the time the action is brought. In principle, the amendment action has no retroactive character, which is in contrast to the enforcement defense action , which is only open to the debtor .
The successful amendment action breaks the substantive legal force of the first decision. Although this affects legal certainty , it is necessary because judgments about future performance are always based on prognoses . If it later turns out that the prognosis does not come true, it must be possible to question the formal legal force for the sake of material justice. In practice, examples of such incorrect prognoses are primarily changes in the income situation of the dependent or changed maintenance needs of the dependent.
literature
- Johann Braun: Basic questions of the amendment suit. Mohr Siebeck Verlag, 1994. ISBN 3-16-146141-X . Partly available online
- Gerhard Köbler : Legal dictionary. For study and training. 17th edition. Verlag Franz Vahlen, Munich 2018, ISBN 978-3-8006-5881-7 : Amendment action
