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 .
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 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 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 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 ( 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 ( 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 ZPO. The settlement ends a legal dispute without a judgment ( (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.
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 .