Disposition maxim

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The disposition maxim (also: disposition principle ) is the most important procedural principle (process maxim) in civil proceedings . It states that the process by which a civil law dispute is resolved in court is generally controlled by the parties . The disposition maxim, like the substantive and legal principle of freedom of contract - whose procedural counterpart it forms - is an expression of the general principle of private autonomy .

Civil litigation

Due to the disposition principle, the civil court cannot act ex officio in a civil law dispute of its own accord ; it is rather up to the party concerned whether to bring an action ( Section 253 (1) ZPO) and the legal dispute is pending in court in this way wants to do or not ( “Where there is no plaintiff, there is no judge” - nullo actore nullus iudex). The plaintiff can initiate the proceedings without the involvement of a prosecuting authority.

Likewise, the plaintiff can end the proceedings without judicial or official approval by withdrawing the action ( Section 269 ZPO). On the other hand, the defendant, by acknowledgment submit the claims of the plaintiff and saves the court so that a further investigation of the case. Here, too, the court has to adhere to the will of the party and is not allowed to make further inquiries on its own initiative or make another decision.

The party can also independently regulate the scope of its action or defense. The court is bound by the party motions and as a rule may not go beyond that, i.e. not award a party something that the party has not requested at all (Latin " ne ultra petita " - not beyond what is requested ; for German civil procedure law in § 308 ZPO ).

Administrative process

The principle of investigation applies in German administrative jurisdiction . The plaintiff can only exceptionally unilaterally end the proceedings by withdrawing the complaint ( Section 92 VwGO ).

Criminal trial

Unlike the disposition Maxime is the in continental European law of criminal procedure relevant Offizialmaxime after which the prosecutor mistress of the procedure. Only the prosecutor can charge collect or operate the closure of a case. An exception is the private litigation .

Hearing

The right to hold an oral hearing is waived. In this case, the decision will be made in writing. This is based on the fact that Article 6, Paragraph 1, Sentence 1 of the ECHR only stipulates that the parties to the proceedings can request an oral hearing. However, if the parties voluntarily renounce such an oral hearing, this is at their disposal.

Instance move

The disposition maxim also applies to the review of court decisions: The higher courts cannot exert any influence on legal disputes and also cannot officially comment on the legal issues decided therein until one party has admissibly lodged an appeal ( prohibition of amendment ).

Anglo-American procedural law

In most countries of the Anglo-Saxon legal system , however, the criminal process is also essentially understood as a party process in which the disposition maxim applies and the public prosecutor and the accused are parties to each other as in a civil litigation.

The disposition maxim should not be confused with the principle of presentation or negotiation , which does not concern the disposition of the subject of the dispute but rather the determination of the facts and states that the court is bound by the factual assertions and evidence put forward by the parties.