Objection (procedural)

This article or paragraph presents the situation in Germany . Help us to describe the situation in other countries.

In German civil procedure law , a defense is any factual assertion by the defendant with which the defendant defends himself without denying the defendant's allegations. The defendant quasi does not say "no", but rather "yes, but ...". These defenses are subdivided into the objections of substantive civil law on the one hand and own procedural defenses on the other.

The procedural defenses can come from procedural law or from substantive law; the latter are called objections.

The terminology is made more difficult by the fact that the BGB (which is newer than the ZPO ) also knows the concept of the objection, but uses it as a sub-case of the objection, namely for the legal objection (e.g. statute of limitations ). This objection in the substantive legal sense is therefore not identical to the objection in the procedural sense, but a special case of one of its subcases. On this substantive objection, cf. Objection .

However, the defendant cannot defend himself against the action only by means of substantive civil law. The procedural law also offers his own defenses:

• The arbitration objection , § 1032 Abs. 1 ZPO, leads to the dismissal of the action as inadmissible if there is an effective arbitration agreement according to which not the state courts but private arbitration tribunals should be competent.
• The objection of other legal force of an arbitration award leads to the dismissal of the action as inadmissible if the subject of the dispute in the previous arbitration is the same as that of the pending civil proceedings.

• According to Section 269 (6) of the German Code of Civil Procedure, the defendant can refuse admission until the plaintiff has paid the costs of a previous, withdrawn lawsuit.

• Section 113 ZPO gives the defendant the opportunity to have the action declared withdrawn if the plaintiff, who is not habitually resident in a member state of the European Union or a signatory to the Agreement on the European Economic Area, does not provide any security because of the legal costs despite a deadline has done.

• Objection of lis pendens § 261 ZPO and the legal force

See also

Objection , deadline , relation technique

Individual evidence

1. ↑ BT-Drs. 13/5274 , pp. 56-57.

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