Main proceedings
As the main action is called in the civil case , the actual legal proceedings .
content
A main matter is only spoken of in civil proceedings if ancillary proceedings due to arrests ( § 916 to § 934 § ZPO), preliminary injunctions ( § 935 to § 942 ZPO) or interim orders ( § 570 ZPO) take place within the framework of provisional legal protection . You will be treated in an urgent manner. The result of the urgent procedure also decides whether a main action takes place at all. The main court is the court of first instance ( Section 943 (1) ZPO ), which is related to the pending main case. It is also responsible for issuing temporary injunctions ( Section 937 (1) ZPO, Section 802 ZPO). Once the main matter has been settled ( e.g. through a final judgment ), the court will decide on the costs, taking into account the current state of affairs and the dispute, at its reasonable discretion by means of a resolution ( Section 91a (1) ZPO).
If , for example, the plaintiff has initially obtained an arrest to secure his claim, the defendant can force him to bring the action in the main proceedings by setting a deadline to be determined by the senior judicial officer for filing the action in the main matter ( Section 926 (1) ZPO) . If this order is not obeyed, the suspension of the arrest is to be pronounced upon application by a final judgment (§ 926 Abs. 2 ZPO). If main proceedings are already pending and arrest is applied for later (e.g. due to actual changes), the court in the main matter is responsible for these interim measures.
The main proceedings must not be confused with the main proceedings under criminal procedure law .
See also
Individual evidence
- ↑ Meinhard Heinze, MünchKomm ZPO , Volume 2, 1992, § 943 Rn. 1
