Praetorical comparison
In Austria, a praetoric settlement refers to a settlement concluded before a district court without any pending proceedings ( Section 433 ZPO ).
The pretorical settlement serves to bring about a dispute settlement between the parties as a last non-contentious measure, albeit with the cooperation of the court . It is only possible before the action is brought, since the same initiates the litigation . The (potential) plaintiff has the opportunity to summon his opponent to the court during the court days . The summoned party can, but does not have to, comply with this summons. If the opponent appears in court and an agreement is reached, the subject of the dispute is settled. Like any judicial settlement, the praetorical settlement creates a new legal situation to which both parties are bound.
The praetoric comparison forms an enforcement title according to § 1 para. 1 no. 5 EO .
In Germany, a settlement with the assistance of the court is only possible after pending cases. Before pendens one established by the Regional Judicial Administration or recognized may goodness place to call. Both settlements are enforcement titles ( Section 794 (1) No. 1 ZPO ).
Individual evidence
- ^ Praetorical settlement (court settlement) website of the Federal Chancellery , January 1, 2016
- ↑ Eric Frey: Lawyers, notaries argue about comparison Der Standard , March 31, 2009
