Cognitive duty

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The legal term cognitive obligation describes the duty of a court to take full note of the facts presented to it, to clarify it further if necessary, and to take these findings into account in the final decision (usually a judgment or decision ) and weigh them in a comprehensible manner.

This term is countered by the cognitive right , which is a prerequisite for the exploitation of the lecture provided in order to also be allowed to exploit it , which can sometimes be legally excluded , for example due to delay in the lecture ( § 296 ZPO ), in particular in the appeal body according to § 529 ZPO. In such a case, the court must deliberately decide on a factual basis that is incomplete due to procedural formal requirements. A right of cognition does not come into consideration if the court has an obligation to investigate .

Similar provisions as in the code of civil procedure exist in all codes of procedure.