Complaint

The Gestaltungsklage is a type of action under German law. It serves to directly change the legal situation through a judgment . The change in the law occurs automatically when the judgment becomes final and there is no need for any additional act by those involved. The legal action is usually admissible if the change in the law cannot be brought about by the parties themselves but can only be achieved through a judgment.

The legal action must be strictly differentiated from the substantive legal rights . Design rights can be exercised by anyone without legal proceedings.

civil right

The legal action is only admissible in the cases provided for by law :

Civil Code

Determination of the service according to § 319 I 2 BGB
Lawsuit for a reduction in the contractual penalty , Section 343 (1) BGB

Condominium Act

Structural action according to §21 Paragraph IV i. V. m. §21 Abs. VIII WEG

Corporate law

Commercial Code (legal action under corporate law)

Dissolution of a general partnership , Section 133 (1) HGB
Exclusion of shareholders, § 140 Paragraph 1 HGB

Stock Corporation Act

Declaration of invalidity of a resolution of the general meeting of an AG, § 241 No. 5 AktG

Dismissal Protection Act

Termination of the employment relationship at the request of the employee or employer , § 9 KSchG
Termination of the employment relationship at the request of the employee, § 13 KSchG

Civil Partnership Act

Dissolution of a civil partnership, Section 15 (1) LPartG

Code of Civil Procedure (procedural legal action)

Amendment action, § 323 ZPO
Resumption of the procedure, § 579 , § 580 ZPO
Declaration of enforceability of a foreign judgment according to § 722 ZPO
Enforcement defense action , § 767 , § 768 ZPO
Procedural design action according to § 767 Abs. 1 ZPO analog , § 767 ZPO analog
Third party action , § 771 ZPO
Action for preferably satisfaction , § 805 ZPO
Revocation of an arbitration award, Section 1059 ZPO

General administrative law

Public law knows the action for rescission according to § 42 para. 1 1st alternative. VwGO as a means of removing administrative files .

Tax law

The tax court order recognizes the avoidance action as a structural action ( Section 40 (1) FGO). The court itself cancels the challenged administrative act if the lawsuit is successful and thus directs the legal situation ( Section 100 (1) FGO).

literature

Peter Schlosser: Design actions and design judgments. Bielefeld 1966.

Web links

Assessment categories: design assessment, performance assessment, assessment assessment (PDF)