Defiant admission
The unrepentant admission is a procedural term. As an exception, it justifies the jurisdiction of a court which is not competent per se .
Germany
civil right
In principle, the jurisdiction of the courts must be determined by law and is not subject to the disposition of the parties to the dispute. Everyone has a right to the legal judge .
Under certain conditions, however, the place of jurisdiction for civil proceedings can be contractually agreed ( prorogation ). This particularly applies to merchants ( Section 38 ZPO).
The jurisdiction based on unrepentant admission differs from such an agreement on the place of jurisdiction in that it does not require an agreement between both parties, but comes about through unilateral behavior on the part of the defendant.
If the defendant in civil proceedings hears the main issue before an incompetent court, the jurisdiction of the court follows from this by virtue of unrepentant admission ( Section 39 ZPO). If, on the other hand, the defendant complains of lack of jurisdiction, the action is dismissed as inadmissible. A judicial notice is required before the local court ( § 504 ZPO). If the reference is omitted, the court's lack of jurisdiction remains.
If a court that does not have jurisdiction decides, no appeal can be made against the judgment for this reason alone ( Section 513 (2) ZPO).
Section 39 of the Code of Civil Procedure does not apply if there is a case of exclusive jurisdiction of a court because this should not depend on the will of the parties ( Section 40 (2) sentence 2 of the Code of Civil Procedure).
Criminal law
According to Section 16 of the Code of Criminal Procedure, the accused can only raise the objection to the local lack of jurisdiction of the court until the start of his hearing on the matter in the main hearing.
European law
According to Art. 26 of the Brussels Ia Regulation (Art. 24 EuGVVO), the international jurisdiction of a court in a member state of the European Union can be established by unrepentant admission. However, the unrepentant statement in the statement of defense is sufficient for this; an entry on the main issue in the oral hearing is not required.
Web links
- Apostolos Anthimos: Defiant submission and objection of lis pendens Note on ECJ, February 27, 2014, case C-1/13 - Cartier parfums - lunettes SAS u. a. ./. ZieglerFrance SA u. a., Journal for Private Law of the European Union (Community Private Law) GPR 4/2014, p. 236 ff.
Individual evidence
- ↑ BGH, judgment of February 24, 2015 - VI ZR 279/14
- ↑ BGH 5 StR 215/08 - judgment of September 30, 2008
- ↑ Benedikt Meyer: BGH: International jurisdiction must already be reprimanded in the response to the complaint, discussion of July 14, 2015 on BGH, judgment of May 19, 2015 - XI ZR 27/14
- ↑ BGH, judgment of June 1, 2005 - VIII ZR 256/04 on Art. 24 EuGVVO ( Brussels I Regulation )
