Baselessness
The legal jargon describes an application , a lawsuit , a legal remedy or a legal remedy as unfounded , which is denied success by a court or authority response without the admissibility or admissibility of the submission being disputed. In this sense, the determination of the unfoundedness in the judgment , resolution , decision or an order presupposes the examination of the matter itself. From this kind judgment that is process judgment about the inadmissibility to distinguish the action.
If an application, a lawsuit, a legal remedy or an appeal against it is not substantiated, a condition of admissibility may have been missed, depending on the procedural rules. If a civil action is pending which, contrary to Section 253, Paragraph 2, No. 2 of the German Code of Civil Procedure (ZPO) is not or only insufficiently justified, and if the plaintiff does not improve it despite being advised by the court, the action will be dismissed as inadmissible . According to the prevailing opinion in the literature, the lack of a justification for a claim in the dunning procedure ( Section 697 (1) sentence 1 ZPO) also renders the action inadmissible.
Individual evidence
- ↑ OLG Munich, judgment of May 22, 2019 - 15 U 148/19 Rae , para. 17th
- ↑ Baumbach / Lauterbach / Hartmann, ZPO , 77th edition 2019, § 697 marginal no. 21; Thomas / Putzo / Hüßtege, § 697 No. 8th; Stein / Jonas / Berger, ZPO , 23rd edition. 2018, § 697 marginal no. 7; Wiezorek / Schütze / Olzen, ZPO , 4th edition 2013, § 697 marginal no. 6; MüKoZPO / Schüler, 5th edition 2016, § 697 marginal no. 26th
