Clause counterclaim

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With the clause counterclaim , the debtor applies to declare the foreclosure against him from an enforceable title issued in the clause granting procedure to be inadmissible because the material requirements of the qualified clause issued were not present at the time of the last oral hearing ( Section 768 ZPO ).

Example: In the case of a title-changing clause according to § 727 ZPO, no legal succession at all has actually taken place.