Edition obligation
The Edition obligation ( lat. Editio in = surrender, release) means Zivilprozessrecht the duty of a party to submit a court order documents and certificates of any other party or the court.
Germany
The code of civil procedure regulates the obligation to submit documents and other documents relevant to the decision in several places, e.g. in Section 142 of the ZPO for parties and in Section 273 (2) No. 2 of the ZPO for authorities and public officials in preparation for the oral hearing or in Section 421 ZPO for the opposing party when taking evidence by means of documents.
The authority of the court to have all documents relating to the subject of the dispute presented to it should place the factual determination on a broad and solid foundation. The parties are thus encouraged to present a complete presentation of facts that corresponds to the material truth ( Section 138 ZPO). A restriction of the principle of submission in civil proceedings seems justified in this respect.
In family matters, according to Section 26 FamFG principle of presentation and obligation to publish replaced by the principle of official investigation .
Whether one party in civil proceedings has claims against the other for information , invoicing, handing over of documents and the like is a question of substantive law. Substantive law does not have a general obligation to provide information. This requires a special basis for claims such as Section 666 of the German Civil Code (BGB) for the agent against the client.
Switzerland
In a divorce proceeding , a spouse can be forced to surrender tax files according to Art. 233 of the ZPO . The duty to provide information in the divorce process can be weighted higher than the duty of confidentiality under tax law.
United States
In US procedural law, there is a much more extensive obligation to publish for the parties as part of the preliminary judicial investigation ( discovery ) than in continental Europe.
Individual evidence
- ↑ BGH NJW 1990, 3151
- ↑ Obergericht Schaffhausen OGE 40/2005/31 of January 13, 2006
