Disputing norm

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The decisive norm is a term used in legal colloquial language . It describes the norm of substantive law that is relevant for a legal dispute , i.e. the legal principle on the basis of which a court decides in court proceedings whether the claim of the plaintiff in the matter is granted or not. The relevant norm for the legal dispute is thus that legal set of public law or private law , which the contested legal relationship, z. B. a claim justified. The legal nature of the norm of substantive law relevant to the legal dispute determines which legal process is available for a specific subject of dispute . To determine the legal nature of a norm of substantive law that is decisive for the legal dispute, the prevailing opinion today uses the so-called special law theory .

As a short form for the designation of the norm of substantive law that is decisive for a legal dispute, the concept of the disputing norm is widespread, especially among law students. Nevertheless, it is wrong in the matter, since it is not the norm but a court that decides the legal dispute.