Litigator
A litigator is a natural person who takes on litigation in civil proceedings for a defendant who is incapable of litigation and who has no legal representative ( parents , guardian , carer , additional guardian , managing director ).
The guardian ad litem is appointed by the court at the request of the plaintiff ( Section 57 ZPO ). It is a measure in the interests of the plaintiff so that the assertion of rights does not fail due to the lack of representation of the defendant who is incapable of litigation.
Another prerequisite for the appointment of a guardian of litigation is, according to Section 57 (1) ZPO, that there is imminent danger for the plaintiff, i.e. that the delay in the process would threaten him with disproportionately high damage. If this is not the case, i.e. the litigation is less urgent, the plaintiff must take a different route and apply for the emergency appointment of a legal representative in the case of voluntary jurisdiction in the case of legal persons under Section 29 BGB , and in the case of natural persons under Section 1896 (1) sentence 1 BGB to initiate the appointment of a supervisor ex officio .
A guardian ad litem can also be appointed at the request of a plaintiff if rights to an abandoned property or ship ( Section 58 ZPO) are to be asserted by way of a lawsuit, in this case even without the existence of imminent danger.
The appointment of a litigator cannot be challenged independently.
Of these provisions (also in the other procedural codes Sozialgerichtsgesetz , Administrative Procedure Code , Finanzgerichtsordnung , Arbeitsgerichtsgesetz ) directed.
Other cases of appointment of a representative of a method are the guardian ad litem in the process of voluntary jurisdiction or administrative proceedings , the special representative of the administrative procedure .
Web links
Individual evidence
- ↑ BGH, June 22, 2016, AZ XII ZB 142/15
