Amendment prohibition
The amendment banning states that a court of a once Announced judgment no longer allowed to change.
Germany
Section 318 of the Code of Civil Procedure reads: "The court is bound by the decision contained in the final and interim judgments it has issued."
The prohibition of amendment of § 318 ZPO also applies by reference in administrative, social and financial court proceedings ( § 173 VwGO , § 202 SGG , § 155 FGO ). In criminal procedural law , the prohibition of amendment follows from the substantive legal force of the judgment. Only the binding of the court to an agreement with those involved in the proceedings is regulated by law ( Section 257c (4) StPO).
The amendment prohibition applies to all parts of the judgment including the decision on costs, but not to the reasons for the decision . It also expressly applies to interim judgments , such as basic judgments that are not legally binding.
The amendment prohibition has a long rule of law tradition and is part of the core of the traditional procedural principles. With the pronouncement of a judgment, the decision of the court of the legal dispute becomes existing and effective externally. The authority on which the courts depend in the performance of their tasks and the trust that citizens place in the judiciary require that the final decision of a court is definitive and, if necessary , can be overturned or changed by an appellate body . Otherwise, the court can only set aside or change its judgment if the proceedings are continued after the judgment has been issued on the basis of a successful hearing complaint , an objection to a default judgment , in the follow-up proceedings after a conditional judgment or after a reinstatement in the previous state , as well as in the rest of the proceedings an amendment action and upon resumption of proceedings .
The non-observance of the prohibition of amendment by a judge presents itself as an objectively arbitrary decision and justifies the concern of bias acc. Section 42 (2) ZPO.
Austria
The court is bound by its judgment as soon as the court has announced the decision or when it has been submitted in writing to the court registry for execution. From this point on, the court that issued the decision can no longer change this decision. However, for example, the change of maintenance for the future can be sued.
Switzerland
According to Swiss civil procedure law , the courts are bound by their own decisions as soon as they have been opened to the parties. According to higher court rulings, the court cannot revert to a decision that has been made once it has been issued, even if the decision is materially or formally incorrect. In this case, an appeal is required.
literature
- G. Lüke: The binding effect in civil proceedings. JuS 2000, p. 1042
Individual evidence
- ↑ Prohibition of deviation on rechtslexikon.net, accessed on December 13, 2017
- ↑ BGH, judgment of June 21, 2012 - 4 StR 623/11
- ↑ KG, decision of June 8, 2006 - 15 W 31/06 marginal no. 11
- ↑ cancellation and amendment banning rechtslexikon.net, accessed on 13 December 2017
- ↑ Alexander Ignor: Bias in the ZIS process 2012, pp. 228, 234
- ↑ What is the effect of judgments? minilex.at, accessed on December 13, 2017
- ↑ Jörg Schröck: Amendment of (German) maintenance title under Austrian law. Retrieved December 13, 2017.
- ↑ Binding effect website of the lawyers Bürgi and Nägeli, accessed on December 13, 2017
