Comparison (law)

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Change of an obligation

In German civil law, a settlement ( ma. Mutsühne ) is a contract through which a dispute or the uncertainty about a legal relationship that the parties can dispose of is resolved by giving in to one another . The legal definition can be found in § 779 BGB .

A legal relationship in this sense is understood to mean any personal relationship or the relationship between a person and a thing. A dispute within the meaning of the norm exists when different legal conceptions are carried out. With the agreement on the legal consequence and that the dispute or the uncertainty should be resolved, the settlement is concluded. The settlement regulation can be contested according to general rules with the exception of an error contestation , which relates to one of the originally disputed or uncertain points of the settlement, i.e. which was the subject of the settlement.

Process comparison

The court settlement (also court settlement) is concluded for the purpose of the amicable settlement of a pending legal dispute and has a double nature: It is both a litigation and a substantive legal transaction . The trial settlement must be included in the judicial record ( Section 160 (3) No. 1 ZPO). It ends the process and is an enforcement order ( Section 794 (1) No. 1 ZPO). A legal dispute is ended by a settlement and thus loses its lis pendens . A litigation settlement has no legal force .

A mediation within the scope of a quality procedure before a state-recognized quality body offers the parties the opportunity to work out an interest-based, amicable and lasting conflict resolution through the mediation of a specially trained neutral third party, and to conclude with a settlement. The aim of negotiating is to separate the factual and relationship levels, balance interests and look for decision alternatives under neutral assessment criteria in order to create a profit for everyone involved ( win-win solution). If there is a settlement, this is documented by the approval office in a written contract. From this it can possibly how a court ruling the enforcement § 794 are operated. 1 no. 1 ZPO. Out-of-court settlement of disputes before a state-recognized conciliation office helps the parties to recognize settlement options at an early stage and is an economically advantageous alternative to lengthy and expensive court proceedings with mostly uncertain outcome.

Comparison in the context of debt counseling or consumer bankruptcy

A settlement in the context of debt counseling is when the debtor and the creditors agree on an installment plan based on the solvency of a household and / or person , which usually only partially covers the debts of the individual creditors. In the case of regular, reliable payments by the debtor until the end of the planned payment of the payment plan to the creditors, the creditors are satisfied with part of the claim . If the debtor pays to the end of this agreement, it will private law base (BGB) the remaining claims adopted . This must be agreed in a separate contract with each creditor. In principle, this is possible with each creditor individually or collectively.

In consumer bankruptcy , the attempt to settle debts out of court is mandatory. The debt settlement plan adopted by the creditors has the effect of a settlement within the meaning of Section 794 (1) No. 1 ZPO ( Section 308 (1) sentence 2 InsO ).

See also

Web links

Individual evidence

  1. Process comparison. In: Wolters Kluwer , accessed October 28, 2018 .
  2. Gerrit Wustmann: Avoid bankruptcy with a settlement? 11th August 2014