Litigation
Under a legal dispute or a dispute ( English litigation ) are understood in Law institutionally a trial , material one between two parties or parties discharged in a judicial proceeding discussion about a relationship .
General
It is a dispute between at least two legal subjects , whereby the subject of the dispute concerns an existing legal relationship . The legal dispute presupposes a legal dispute between at least two legal subjects and their will not to remain in the undecided dispute, but to end it by means of a legal verdict in order to restore legal peace . Litigation is a matter the legal assessment of which is controversial. The institutional view of the litigation is expressed in a quote from 1832: "The term litigation denotes every lawsuit, regardless of whether it is real or personal" . As soon as at least two legal subjects ( natural persons , associations of persons , legal persons ) develop a different opinion on a legal issue from their legal relationship , which they cannot resolve mutually through an amicable agreement , they find themselves in a legal dispute ( material aspect ). With the lawsuit, the plaintiff then opens the legal dispute ( Latin litigosum ) in court ( institutional aspect ).
Legal issues
Legal disputes and legal disputes are legal terms that occur frequently , especially in the Code of Civil Procedure (ZPO), without this offering a legal definition . The ZPO regulates the judicial procedure in civil proceedings that are created for the settlement of legal disputes. In § 79 ZPO it is made clear that the parties can lead a legal dispute in court themselves, as far as their representation by lawyers is not necessary. For a lawyer , however, a authorized power of attorney according to § 81 ZPO to all the litigation concerned procedural acts . With access to the lawsuit in court the lawsuit is pending . The parties then negotiate the legal dispute orally before the judgment court ( § 128 ZPO). If the legal dispute is ripe for a final decision - in particular if facts relevant to evidence have been proven or are undisputed - the court must issue a final judgment ( Section 300 ZPO). This formally ends the legal dispute and the judgment also has material legal effect . The unsuccessful party has to bear the costs of the legal dispute according to § 91 ZPO. The settlement ends a legal dispute without a judgment ( Section 779 (1) BGB ). This is a contract through which the dispute or the uncertainty between the parties about a legal relationship is resolved by giving in to one another.
After § 13 GVG include in the ordinary courts , the civil litigation, family matters and the matters of voluntary jurisdiction ( civil cases ) and certain criminal matters .
Escalation of the litigation
If legal disputes between the parties involved cannot be resolved amicably, then lawyers must be involved at least if a lawyer is required to file a complaint with the court. As a result , the legal dispute escalates to other parties involved and may occupy the administration of justice via the overall possible appeal .
Web links
Individual evidence
- ^ Carl August Weiske, Handbuch des Civilprocesses , 1841, p. 94.
- ^ Gerhard Köbler , Etymological Dictionary , 1995, p. 332.
- ↑ Carl Ed. Otto / Bruno Schilling (eds.), Das Corpus Iuris Civilis , Volume 4, 1832, p. 1220.
