pretender

A pretender (from the Latin prae + tendere , to protrude, to claim ”) is someone who claims something or a right for himself or who presumes a position or status.

State

A pretender to the throne lays claim to the throne in a monarchy .

Jurisprudence

In German law of obligations , two creditors assert claims against the same debtor in a pretender dispute. The debtor can get rid of such a dispute by depositing his performance ( § 378 BGB). The process is then continued exclusively between the pretenders ( Section 75 ZPO).

There are corresponding regulations in Austria and Switzerland (Art. 168 OR).

German family law knows the paternity pretender . This is the person who can make it credible that they were present with the mother during the legal conception time ( Section 1592, Paragraph 3 in conjunction with Section 1600d BGB ).

Web links

Wiktionary: Pretender  - explanations of meanings, word origins, synonyms, translations

• BGH, judgment of January 18, 2012 - I ZR 187/10 - gewinn.de
• Jan Felix Hoffmann : Dogmatics and legal training using the example of the domain - gewinn.de between pretender dispute and collision of claims. In: Yearbook of young civil law scholars, 2014
• Avoiding paternity. BGH clarifies essential procedural issues. PAK procedural law active, October 1, 2007

Individual evidence

1. ↑ BGH, judgment of October 12, 1999 - XI ZR 24/99
2. ↑ BGH, judgment of January 30, 2015 - V ZR 63/13
3. ↑ Supreme Court, decision of April 29, 2013 - 8Ob36 / 13x
4. ^ Pretender dispute (OR 168)
5. ↑ BGE 134 III 348, judgment of April 8, 2008
6. ^ On the release of seized claims in the pretender dispute strafprocess.ch, February 15, 2013
7. ↑ Kammergericht, decision of August 7, 2014 - 19 UF 35/14
8. ↑ BGH, decision of February 18, 2015 - XII ZB 473/13