Subject of dispute
The subject of the dispute describes the procedural claim that a party asserts in legal proceedings on the basis of a specific factual situation.
term
In the Code of Civil Procedure , the term subject of dispute is not used consistently; the claim raised is often mentioned instead (for example in Section 253 (2) No. 2 ZPO ). There is no legal definition. The original legislature still assumed that the procedural claim would be identical to the substantive legal claim as defined in § 194 BGB . A view that is outdated today: procedural and substantive legal claims cannot be identical, because in the process it is only now to be checked whether the substantive legal claim exists.
content
According to the prevailing opinion , the subject of the dispute consists of the claim for a claim (performance, determination or design) and the relevant facts, the cause of the action ( two-part concept of the subject of dispute ). Another view is represented by the single-part concept of the subject of dispute , according to which only the request of the plaintiff determines the subject of the dispute. If one follows the prevailing opinion, then the subject of the dispute changes whenever either the application changes, or if another real-life issue is made the basis of the application. The BGH has consistently ruled on the two-part term in dispute.
relevance
The admissibility of a lawsuit is also determined on the basis of the subject of the dispute : if the dispute is already pending elsewhere , the action is inadmissible and will be rejected. This avoids conflicting decisions on the same subject matter. If a final decision on the same subject of dispute has already been made, the action is also inadmissible. The same subject of dispute may only be decided once in order to bring about final legal peace and thus legal certainty for the parties involved.
Whether a plaintiff submits one or more disputes becomes relevant in the objective accumulation of complaints according to Section 260 ZPO . If the subject of the dispute changes during the process, there is a change in the action according to § § 263 ff. ZPO. Both have further consequences for the course of the process and the costs of the legal dispute.
The term in dispute in the administrative process is derived from that in civil proceedings, but differs in that it is primarily based on the facts submitted for decision and less on the application.
example
The employee brings an action for protection against dismissal against his employer , but not a lawsuit for payment of the default wages. By bringing the dismissal protection suit, the statute of limitations of the claim to default wages is not inhibited, because it concerns two different disputes. The right to default wages therefore expires, although dismissal protection suit has been brought.
See also
Individual evidence
- ^ Judgment of the Federal Labor Court of June 24, 2015, 5 AZR 509/13, NJW 2015, 3598 with a comment by Hoffmann-Remy.