Decision (court)
A decision is in which a shape decision of a single inverter , of a multi judges saying body or a Rechtspfleger may be issued. Other forms of judicial decision are judgment and disposition .
Forms of decision
The respective rules of procedure regulate the form in which the decision is made. In civil proceedings, resolutions are usually passed if the decision can be made without an oral hearing based solely on the location of the files or after an optional oral hearing that is not mandatory by law . Resolutions often only decide on individual procedural questions, while the form of judgment is usually prescribed for decisions that make a final decision on the application for a claim in whole or in part. But there are also resolutions that conclude a procedure.
The notification decision is a form that is intended to save the court from a decision and the plaintiff costs.
Difference between decision and judgment
Resolutions and judgments also differ in the type and possibility of combating them through legal means . Thus, against decisions the ( immediate ) appeal against judgments at first instance ( official or district court ) the appeal (law) and judgments on appeal (to the official, the district court, after agriculture, the Higher Regional Court ) the revision ( Right) .
In some types of proceedings, decisions are made exclusively by resolution, especially in the case of voluntary jurisdiction . Resolutions according to the law on the procedure in family matters and in matters of voluntary jurisdiction (FamFG) can be corrected and supplemented under conditions similar to judgments ( § 42 , § 43 FamFG).
- Example picture for a resolution
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