Litigation authority
Governing standing on plaintiffs also bring proceedings called, is the right to a trial to run over an alleged right to be the right party in its own name. As a rule, it belongs to the person who has the authority .
The litigation authority is an admissibility requirement for the civil process and the procedural rules linked to the civil procedure code , for example in accordance with. Section 42 (2) VwGO . It must be conclusively asserted by the plaintiff or it is examined ex officio according to the possibility theory . If it is missing, the action will be dismissed as inadmissible by a trial judgment. This is done to so-called popular complaints excluded, so lawsuits in which an innocent bystander wants to make a legal claim that the profit attributable to someone else.
The connection between the authority to conduct litigation and the authority to issue matters goes back to the Roman legal action system , in which substantive law and procedural law were closely linked.
As a rule, the litigation authority is granted to the plaintiff, who conclusively claims to have his own right and asserts this in his own name. If the plaintiff is famous in his own name for his own right, he is in any case authorized to conduct the process. The correctness of his assertion, on the other hand, is subject to the law of evidence and is no longer a question of the admissibility of the claim, but of its merits.
If litigation authority and authority fall apart, one speaks of litigation standing .
Individual evidence
- ↑ Thomas / Putzo: Commentary on the Code of Civil Procedure. § 51 ZPO Rn. 20th
- ^ Carl Creifelds: Legal dictionary . 21st edition 2014. ISBN 978-3-406-63871-8
- ↑ Example: BAG, judgment of March 19, 2002 - 9 AZR 752/00
