Assertion into the blue
In German civil procedural law, an assertion in the dark is the arbitrary establishment of factual assertions without tangible evidence. Such an argument does not justify the taking of evidence and does not need to be taken into account in the judgment.
In civil proceedings, the parties have to make their statements about factual circumstances completely and truthfully ( Section 138 (1) ZPO). Evidence is to be obtained about disputed facts ( § 284 , § 358 , § 359 ZPO).
However, a party will often not be spared asserting facts about which it cannot have any precise knowledge, but which, given the current situation, it considers probable. Violation of the law and prohibited such a procedural approach is only where the party without any tangible evidence of the existence of certain matters arbitrary assertions "at random" or "the Blue sets up inside." However, it is recognized that caution should be exercised when accepting arbitrariness in this sense. As a rule, it will only be able to justify the absence of any factual evidence. The allegation must at least be so specific that it enables the opponent to comment and the relevance of the allegation can be assessed.
Individual evidence
- ↑ BGH, judgment of April 25, 1995 - VI ZR 178/94 para. 13
- ^ BGH, judgment of March 4, 1991 - II ZR 90/90 - NJW-RR 1991, 888, 891 mwN
- ^ BGH, judgment of February 25, 1992 - Az .: X ZR 88/90
