Party (law)

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When parties are referred to in a court case by the procedural law provided the participating entities .

Civil litigation

In civil proceedings , these are usually the plaintiff and the defendant , as well as in legal disputes before the administrative courts , social courts and labor courts .

However, there are also different designations in a number of special types of procedure. In family matters , in dunning proceedings , in legal aid proceedings , in the division auction as well as in the proceedings belonging to the voluntary jurisdiction , the parties are referred to as applicants and respondents . In addition, according to § 113 FamFG, one party is designated as a participant in the application of the code of civil procedure in family matters and in voluntary jurisdiction .

In the appeal proceedings , the parties as complainant and respondent in the appeal process as Appellant and Appellee, in the revision process , called a revision plaintiff and defendant revision. In proceedings on an interim injunction , the terms plaintiff and defendant are common ; in arrest proceedings, the terms plaintiff and defendant are common.

The legal representatives of a party - such as the custodial parents of minors or the managing director of a GmbH - are also regarded as parties and therefore cannot be heard as witnesses .

In foreclosure proceedings , the obligee and the debtor are parties.

In the foreclosure auction procedure according to the ZVG , in addition to the creditor and the debtor, the owner (if the owner and debtor are different persons), the owners of rights to the property ( e.g. right of way, building rights ), the tenants and the parties who register a right, Participants in the proceedings.

Criminal trial

In criminal proceedings , the party against whom the proceedings are directed is called the accused , accused , accused or convicted person , depending on the stage of the proceedings ; in the administrative offense proceedings and in the placement proceedings , the person concerned.

Substantive law

As a legal term in the law of obligations, the contracting parties of a contract are regularly distinguished, e.g. B. expressly in Section 305 Paragraph 1 Clause 1 BGB .


  • Gunter Wesener : litigants. in: Concise dictionary on German legal history. Volume IV (1990) Col. 62-66.