Estoppel
Estoppel ( RP : [ ɪˈstɒpəl ], GenAm : [ ɛˈstɑːpəl ]; from English to estop, “to prevent, to prevent”) is a principle in procedural and substantive law of common law , according to which an existing legal claim is forfeited and no longer enforceable is if it is in contradiction to existing judicature , to existing documents or to the actions of the claimant himself, be it explicitly or only conclusively. Estoppel occurs when a plaintiff has negligently or willfully undertaken actions that have aroused misconceptions in the defendant with regard to the existing claim, so that later enforcement of the claim would be unreasonable. A rough equivalent in German law and in international law is the principle of venire contra factum proprium .
An example of the existence of an estoppel is the credible declaration by a creditor to his debtor that the debt has been forgiven. In this case, the obligee will not be able to sue his claim at a later date. The material legal claim of the creditor still exists, but Estoppel prevents it from being legally enforced.
The principle of the estoppel has developed differently in the different areas of action of common law , but mainly occurs in the following forms:
- estoppel by record: This form usually occurs as issue estoppel, cause of action estoppel or judicial estoppel and means that previous legal proceedings prevent the parties from taking legal action in the same or sufficiently similar situations. For example, if a breach of contract has been tried in court and there is a final judgment, then the same breach cannot be tried again in court. Likewise, the results of the previous legal dispute bind both parties so that they cannot later make any contradicting factual assertions in court.
- estoppel by deed: In this variant, Estoppel prevents one party from making claims that would contradict evidence that has already been recognized by both parties.
- reliance-based estoppels: Estoppel occurs most frequently in this form with the two sub-forms estoppel by representation of fact and equitable estoppel.
- Laches or estoppel by delay: This form occurs if the claimant fails to assert his claim in a reasonable time and is similar in approach to forfeiture .
- promissory estoppel : If a contracting party has created an act of trust by assuring the other party that it will not exercise a certain right, it cannot exercise this right later.
The Estoppel principle is also used in international law .
See also
Individual evidence
- ^ Wilhelm Friede: The Estoppel principle in international law ZaöRV 1935, pp. 517-545