Factual judgment
A factual judgment is a judgment about the admissibility and merits of a lawsuit, i.e. the matter itself.
The judgment is made about
- the subject of the dispute in civil proceedings . It either upholds or dismisses the action after a dispute . In the event of default by a party, an admitting or dismissing default judgment is issued ( Section 330 , Section 331 (2) ZPO).
- the accused procedural act in criminal proceedings through acquittal , conviction or ordering a measure of reform and protection
- in administrative court proceedings about the claim. An admissible factual judgment presupposes the passive legitimation of the plaintiff, the tenor depends on the type of action ( § 43 , § 113 VwGO ).
A decision on the matter will only be issued if the court considers the process requirements to be met. If an essential process requirement is missing, the action is inadmissible and will be rejected by a trial judgment. Already because of the effects on the legal force , there is absolute priority between the admissibility check and the justification check.
Admissibility and justification remain open in the case of a decision a limine .
Individual evidence
- ^ Judgment on Rechtslexikon.de, accessed on August 22, 2019
- ↑ OLG Munich, judgment of May 22, 2019 - 15 U 148/19 Rae , para. 24 ff.
- ↑ Wolfgang Heinz : The German Criminal Proceedings: Legal Foundations, Legal Findings, Historical Development and Current Trends 2004, p. 15
- ↑ cf. For example, the Federal Administrative Court, decision of 2 November 2011 - 3 B 54.11 para. 5 f.
- ↑ BGH, judgment of 19 June 2000 - II ZR 319/98 paragraph. 23
