Process (law)

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A process is an adversarial proceeding before a court , which by action (in the case of criminal proceedings by a prosecution is initiated) and then aims, the legal position by an enforceable decision (a court judgment , a court decision or a court settlement ) to clarify .


The term “contentious” proceedings refers to the distinction between “non-contentious” proceedings, which are also carried out by courts; the latter include z. B. Procedures relating to the entry of land- related rights in the land register . They belong to the area of voluntary jurisdiction , which has its own procedural law. German law has no uniform procedural law. So “ trial ” is a broader, more general term than “trial”.

The different branches of the court each have their own procedural rules .


An active process is a legal process from the plaintiff's perspective . This initiated the process. In contrast, the defendant leads a passive process - he did not seek the process, but “suffered” it.

See also