Reasons for decision
The decision in Germany next Rubrum , tenor and fact part of a judicial written judgment . They contain a short summary of the considerations on which the decision is based in fact and in law (in civil proceedings: Section 313 (3 ) ZPO ). They justify the decision of the panel ( single judge , chamber , senate ) made in the tenor and are based on the legal norms applied, the factual presentation of the parties and, if applicable, the result of a taking of evidence.
Basically, all judgments are to be provided with reasons for the decision. Exceptions apply in civil proceedings if no legal remedy against the judgment is possible and the parties waive the reasons for the decision or the content of the reasons for the decision was already included in the minutes when the judgment was pronounced . Likewise, in some cases there are no reasons for a decision if both parties waive legal remedies. Exceptions to this apply again in family and child matters, in the event of convictions for future benefits and if it is to be expected that the judgment will be asserted abroad. Also, default judgment , acknowledgment judgment and waiver judgment usually contain no reasons for the decision.
In other court orders, special regulations apply in some cases to the content of the reasons for the decision and their waiver. In the administrative process , for example, reasons for the decision cannot be completely dispensed with, but only insofar as the court follows the reasons for the administrative act or the notice of objection and determines this in its decision ( Section 117 (5 ) VwGO ).
