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 ( BGB). The process is then continued exclusively between the pretenders ( 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 ( Paragraph 3 in conjunction with BGB ).
- 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
- BGH, judgment of October 12, 1999 - XI ZR 24/99
- BGH, judgment of January 30, 2015 - V ZR 63/13
- Supreme Court, decision of April 29, 2013 - 8Ob36 / 13x
- Pretender dispute (OR 168)
- BGE 134 III 348, judgment of April 8, 2008
- On the release of seized claims in the pretender dispute strafprocess.ch, February 15, 2013
- Kammergericht, decision of August 7, 2014 - 19 UF 35/14
- BGH, decision of February 18, 2015 - XII ZB 473/13