Claim
The claim is an essential requirement in civil and administrative court proceedings. It is the central part of the application , which is standardized in Section 253 (2) No. 2 ZPO (“... as well as a specific application.”). A corresponding administrative regulation can be found in Section 82 (1) of the Administrative Court Regulations (VwGO).
In the head of claim must plaintiff specify which legal protection it from the court requires, as the defendant a certain thing to pay a certain sum or publication condemn or - in disputes involving public law - a specific administrative act be repealed or invite the opposing party to adopt ( § 42 para. 1 VwGO). What is requested by the plaintiff in the context of the claim is referred to as a claim for action or a request for legal protection .
By identifying the legal consequence claimed by the plaintiff, the application also determines the subject of the dispute .
Content and details
Civil jurisdiction
In order to be able to recognize what the plaintiff's need for legal protection relates to, the claim must be sufficiently specific and show whether it is a performance , declaratory or structural action , which in case of doubt can be determined by interpretation .
The step action according to § 254 ZPO and certain requests for benefits are an exception to this principle , in which the performance is to be determined by a design judgment, for example in the cases of § 2048 sentence 3 and § 2156 sentence 2 BGB . The step action as an objective accumulation of actions enables an initially indefinite application.
Basically, payment claims are to be clearly quantified (for example: "The defendant is sentenced to pay the plaintiff EUR 550 ..."), while for maintenance claims or if the plaintiff cannot be expected to determine the amount of his claim, an unquantified one Payment request is allowed. This can be the case, for example, if the court has to legally determine the amount.
The action is only admissible if the plaintiff explains the facts giving rise to the claim to the court in such a way that it can determine the magnitude of the claim asserted.
Two of content (ie not only in form) made certain proposals, it followed two procedural claims because two assertions set and decisions are required, whereas it is merely a claim and thus is subject-matter if the application under the claim competition is based on several bases of entitlement .
Administrative jurisdiction
Compared to the administrative court, the plaintiff must present the alleged violation of the law (by the administrative act or its rejection) in the application. While the violation of the target requirements according to Section 82 (1 ) sentence 1 VwGO does not make a lawsuit inadmissible, the lack of a specific motion for action according to sentence 2 rules out the admissibility, as the court cannot make a substantive decision in this case. The specific application must be submitted by the last day of the oral hearing at the latest and can still be submitted after the deadline for filing the action.
Individual evidence
- ↑ Thomas-Putzo, Code of Civil Procedure with the Courts Constitution Act and the Introductory Acts , Introduction II, procedural basic concepts, CH Beck, Munich 1995, p. 9
- ↑ Thomas-Putzo, Code of Civil Procedure with the Courts Constitution Act and the Introductory Acts, Book 2, Procedure in First Instance, Section 253, CH Beck, Munich 1995, p. 447
- ↑ Ferdinand O. Kopp, Verwaltungsgerichtsordnung, § 82, Rn 10, Part II, first instance proceedings, CH Beck, Munich 1994, p. 1083
