Action of effect

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Act of effect is a counter-term to act of effect is a category of procedural act in the doctrine of German procedural law .

A causal action is a process action that directly creates a legal effect in the process. This is to be distinguished from the act of obtaining, which is only intended for the court to act.

Acts of effect are accordingly effective or ineffective, in the case of acts of effect, the admissibility and justification must be asked.

In principle, effects are irrevocable as soon as the procedural effect intended with them has occurred.

Effective actions in German civil proceedings according to the Code of Civil Procedure (ZPO)

  1. The withdrawal of the action according to Section 269 ZPO is an act of effect. If the prerequisites for action are met, the lis pendens retroactively no longer apply; a judgment that has already been issued and is not yet final will be ineffective without the need to explicitly repeal it. As a rule, the court will, of course, express these effects in a determining manner; this is for legal clarity.
  2. Correspondingly, the consensus declaration of completion by the parties is an act of effect, because this alone makes the main matter pending and decisions that have already been made but not yet legally binding become automatically ineffective, analogous to Section 269 (3) sentence 1 ZPO. On the other hand, the plaintiff's unilateral declaration of completion is an act of enforcement because it does nothing on its own, but is an application to the court to establish by means of a declaratory judgment that the main matter has been settled.

Effective actions in German criminal proceedings according to the Code of Criminal Procedure (StPO)

The declaration of the joint plaintiff according to Section 396 of the Code of Criminal Procedure , with which he wants to join a public complaint, is an act of effect. The court's approval decision is only of determinative importance. Anyone who is not entitled to an accessory prosecution will therefore not become an accessory prosecutor because of the (false) court approval . He can therefore not appeal on the basis of the approval decision alone, but the appeal court has to re-examine the approval authority ex officio and (in this case) to deny it.

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