Authority
The authority , also the legitimation of the matter, describes the material legal competence in procedural law . If the asserted right entitled the plaintiff against the defendant, the plaintiff's right of action , the defendant passively legitimized .
The authority is a prerequisite for the well-foundedness of the claim and exists by virtue of substantive law .
The authority to conduct proceedings is to be distinguished from the authority to conduct proceedings , which is an admissibility requirement (party-related general process requirement ) and is ex officio.
The litigation authority must be asserted conclusively in civil proceedings and officially affirmed in the administrative process according to the possibility theory , if the possibility of infringing one's own rights is not obvious and clearly excluded. The authority, on the other hand, is subject to the strict requirements of the law of evidence . A fact alleged to establish the authority to conduct litigation and the authority to act is a so-called doubly relevant fact , because it affects the admissibility and the merits of the action.
Individual evidence
- ^ Carl Creifelds: Legal dictionary . 21st edition 2014. ISBN 978-3-406-63871-8
- ↑ Legitimation of the Universal Lexicon, 2012
- ↑ Doubly relevant facts Saarland University , accessed on July 21, 2016
- ^ LG Augsburg, judgment of February 23, 2010 - Az. 2 HK O 1711/09 margin no. 26 ff.
