Prorogation (Germany)
In German civil procedure law, prorogation is the agreement between the parties (i.e. participating legal entities) of a legal dispute over the place of jurisdiction according to §§ 38 ff. ZPO .
By a court agreement can legally competent court of first instance deselected ( Derogation ) and also the jurisdiction of another court to be justified (prorogation). A prorogation to the Federal Court of Justice or any other higher court is not permitted.
The prorogation is only possible under the restrictive requirements of § 38 ZPO z. B. possible:
- for merchants, legal entities under public law or special funds under public law (Section 38 (1) ZPO),
- if a contracting party does not have a general place of jurisdiction in Germany (Section 38 (2) ZPO),
- for non-traders, if the place of jurisdiction agreement is made expressly and in writing after the dispute has arisen or for a case of relocation of the place of residence of the party to be claimed (Section 38 (3) No. 1 and No. 2 ZPO).
An agreement has no effect if it is not related to a specific legal relationship and the resulting legal disputes (Section 40 (1) ZPO). Furthermore, an agreement on the place of jurisdiction may not be made if an exclusive place of jurisdiction is justified, e.g. B. the real place of jurisdiction (§ 24 ZPO) or in enforcement cases (§ 802 ZPO). Claims of a non-property law nature, which are assigned to the local courts regardless of the value of the subject of the dispute, are not subject to such an agreement (Section 40 (2) No. 1 ZPO).
No prorogation is the jurisdiction by virtue of unrepentant admission through unilateral behavior of the defendant ( § 39 ZPO).
