Change of party (procedural law)

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The substitution of parties is a change in the person of a litigant in civil proceedings.

A distinction must be made between a voluntary change of party and a change of party by law . The voluntary change of party takes place at the instigation of a litigant and always represents a change of action that requires approval , while the change of party occurs ex officio by virtue of the law and does not require approval. A change of party by law occurs z. B. one in the event of the death of a party to the litigation ( § 239 ZPO), also in the case of the sale of a property, if the subject of the process is an asserted right to the property ( § 266 ZPO)

No change of party is the mere correction of the designation of a litigant without a change in person. Rather, it is a correction of a judgment .

In the administrative process, the change of party is referred to as a change of participant . Practical cases here are, for example, the dissolution of a corporation or authority during the ongoing proceedings or a relocation of the plaintiff, which leads to a change of the locally responsible authority.