Need for legal protection
The need for legal protection is the legitimate interest of natural or legal persons to obtain legal protection through legal proceedings . The need for legal protection is the admissibility requirement of an action in procedural law ; if there is no need for legal protection, the action will be dismissed as inadmissible.
requirements
The need for legal protection is given if the plaintiff pursues an interest worthy of legal protection with the legal proceedings he is aiming for and he cannot achieve the desired success in a simpler, faster or cheaper way and he does not act in an abusive manner .
Example 1: raises z. For example, if someone takes legal action against his neighbor for no reason just to annoy him, there is no need for legal protection. Even if a lawsuit is unsuitable for achieving the desired result, there is no need for legal protection.
Example 2: If A has obtained a judgment against B and B is inherited by C, A cannot simply enforce against C from the judgment against B. On the other hand, there is no need for legal protection for a lawsuit by A against C because of the same facts, because A can obtain a title-changing enforcement clause against C with much less effort (§ 727 - 729 ZPO ) and thus achieve the same thing as with a successful lawsuit against C.
Example 3: The American s trategic l awsuit a gainst p ublic p articipation ( SLAPP ) is a very abusive form of action which has the purpose to intimidate critics and their public criticism directed to stop.
Special features in certain types of proceedings
A special need for legal protection ( declaratory interest ) that goes beyond the general need for legal protection described is a prerequisite for the admissibility of the declaratory action .
In case law, the need for legal protection is not always treated in a uniform manner. For example, the need for legal protection for an enforcement counterclaim or amendment suit in maintenance law is handled relatively strictly. Preventive legal protection requires a special, qualified need for legal protection.
Individual evidence
- ↑ Daniel Holznagel: waiver of enforcement, in particular of the maintenance creditor: Does the need for legal protection no longer apply for counterclaims and amendments? In: NZFam. 2/2014, CH Beck . 2014, p. 58-63 .
