Party process

from Wikipedia, the free encyclopedia

According to German civil procedure law, a party process is a process (civil litigation) in which representation by lawyers is not required. Party process is the procedure before the local court with the exception of the family court . The parties can conduct the party process themselves or through a person authorized in accordance with Section 79 ZPO as an authorized representative . In contrast to the party process is the lawyer process ( § 78 ZPO), in which a lawyer is compulsory .

In a broader sense, a party process can generally be described as any legal dispute resolved by a court in which the parties are masters of the proceedings ( disposition maxim ). In some legal systems, this also applies to criminal proceedings (e.g. in the Anglo-Saxon legal system ). The contrast here is the inquisitorial procedure , which is carried out ex officio against a person concerned ( official maxim ).

Individual evidence

  1. ^ Albin Eser : Adversatory and inquisitorial procedural models. A critical comparison with structural alternatives. In: Friedrich-Christian Schroeder , Manuchehr Kudtratov (Ed.): The main negotiation between the adversary and the inquisitorial model . Frankfurt am Main 2014, pp. 11–29