Deny
The denial is an argumentative figure. In everyday discussions, denying is usually distinguished from mere doubting.
Demarcation
Anyone who disputes a fact or an argument of the interlocutor in the discourse is sure that the statement is wrong or the argument is incorrectly founded, and feels immediately right. Anyone who considers the opposing argument to be unlikely or weakly justified, but first has to investigate or consider in order to gain certainty or refute the assertion or assumption made, initially only casts doubt on the statements of the other person. Possibly he can combine this with the request to the discussion partner to prove his statements or to explain them in more detail; this corresponds to the so-called "denial with ignorance" in legal disputes. A relationship similar to that between denying and doubting exists between the arguments of assertion and presumption .
Legal perspective
In legal disputes one uses the dispute in principle in an analogous way as in discussions that follow the everyday logic of everyday life. However, the legal understanding of denial is formally and systematically defined much more strictly. Basically, it is a party's direct means of defense against opposing factual assertions. This is particularly important in civil procedural law , in which the court is not allowed to determine the actual facts of its own motion due to the disposition maxim , but must only base its judgment on the arguments of the parties.
In civil proceedings, parties have to declare themselves to the opposing factual presentation. This follows from Section 138 (2) ZPO . You can agree to it (in whole or in part), contradict it or waive a statement. A factual presentation that is contradicted is disputed according to the legal definition. Depending on whether the opponent has admissibly disputed an assertion made or not, the relevant facts are considered disputed (= disputed by the opponent) or undisputed (= undisputed and therefore to be accepted by the court as "true" ) in the further course of the process , unless that The opposite is proven by other, reliable and, if possible, substantiated facts). Facts that have been expressly agreed by the opposing party must be taken into account in the decision even if the court otherwise considers them to be doubtful. But even if facts are not expressly disputed, e.g. B. if no explanation is given at all, they are also considered to be granted ("undisputed"), which is often not clear to the legal layperson. Only explicit evidence or obvious impossibility can lead to the court being able to consider a factual presentation that has not been disputed in the course of the proceedings to be refuted. The procedural basis in German law is § 138 ZPO.
"Deny with ignorance"
See also submission # ignorance
The so-called "dispute with ignorance" (correctly: declaration with ignorance) is dealt with in the German Code of Civil Procedure in Section 138 (4) ZPO. It is always possible when the contestant does not have his own perception of the fact that he is denying.
This institute is necessary because in civil proceedings all facts are considered admitted that are not contradicted. However, if you do not have your own perception, a substantiated denial is impossible, which is why in this case you can exceptionally deny with ignorance. This is difficult to differentiate for the legal layperson, especially since such an argumentation (which is also common in everyday life) would not be called “denying” but rather “doubting” in the standard language.
literature
- Kamlah, W .; Lorenzen, P .: Logical Propaedeutics. Preschool of the sensible speech (Mannheim 1967, later partially revised and reissued several times.) Mannheim / Vienna / Zurich 1990 ISBN 3-411-05227-9