Amount in dispute
The value in dispute (also process value ) is of importance in court proceedings and is the monetary expression of the subject of the dispute. Outside the contentious procedure is called instead of the dispute by the value of the item , or the activities of notaries from goodwill , in family matters from process value .
A distinction is made between the value in dispute over jurisdiction, the value of legal remedies and the value in dispute for fees .
Dispute over jurisdiction
The jurisdiction value in dispute is important if the jurisdiction of the court of first instance (e.g. district court or regional court ) depends on the amount in dispute (as in German civil proceedings ) (cf. § § 3 ff. ZPO ). The district court is usually responsible for disputes up to 5,000 euros ( Section 23 No. 1 GVG ). In the event of higher amounts in dispute, the regional court is responsible as the first instance , although exceptions are provided.
Legal action in dispute
The situation is somewhat different when it comes to the value of legal remedies. The value in dispute can be important for the admissibility of an appeal . The value in dispute is the minimum value that must be reached for an appeal (e.g. appeal and appeal ) to be admissible. In the case of appeals, the value according to § 511 ZPO is 600 euros, but the first court has been able to allow the appeal regardless of the value since 2002. The pure value revision was abolished with the ZPO reform 2001.
Fee dispute
In principle, the amount in dispute depends on the importance of the matter, mostly on the importance for the plaintiff . In the case of a payment suit, for example, the fee dispute value and the jurisdiction dispute value are identical to the amount claimed. If no specific amount of money is sued, the amount in dispute must be determined. The legal regulations for this are the Court Fees Act (GKG) for court fees ( Sections 39 et seq. GKG ), the Lawyers Compensation Act (RVG) for attorneys' fees (in particular Sections 22 and 23 RVG), the Law on Court Fees in Family Matters (FamGKG) and the Court and Notary Fees Act (GNotKG) for matters relating to voluntary jurisdiction and notaries.
Special terms for value in dispute are
- Business value with regard to the fees of notaries and the courts of voluntary jurisdiction (FamFG) as well
- Objective value with regard to the remuneration of the lawyers .
The values are often identical, but due to different legal regulations they can also be different in individual cases.
A complaint about the amount in dispute is admissible against the court-determined decision on the amount in dispute .
Disagreement between jurisdiction and fee disputes
A strict distinction must be made between the various provisions on the amount in dispute. Although the provisions on jurisdiction and fee disputes often come to the same results, they do not always:
Example: “The plaintiff is suing for the evacuation and surrender of commercial premises. The tenancy was unlimited; the rent was € 400 per month.
- The value in dispute according to § 6 , § 8 ZPO is 120,000 euros (max. 25 times the annual rent) and, even if you also refer to § 9 ZPO, still at 16,800 euros (max. 3.5 times the annual rent). From this follows the jurisdiction of the regional court.
- The fee in dispute for the court fees, on the other hand, is only EUR 4,800 according to Section 41 (1) GKG (max. Simple annual amount ). "
Individual evidence
- ↑ Dieter Meyer: Court Fees Act: Comment. Walter de Gruyter, 2007, ISBN 9783110978681 , p. 321.
- ↑ by little master / Kandel Hard: tenancy law. Commentary , 4th edition. Münster 2010, ZAP-Verlag, ISBN 978-3-89655-488-8 , part 3: The rental process, margin number 10 (whole numbers)
