Waiver judgment
A waiver judgment according to § 306 ZPO is issued if the plaintiff declares a waiver in the process and the defendant requests that the claim be dismissed. The waiver decision arises in legal force , as it is a kind judgment is. A new legal action is therefore no longer possible according to § 705 ZPO.
The waiver is a process declaration . The prerequisites for the effective submission of such ( ability to postulate ) must be met. Since the waiver judgment is better for the defendant than the withdrawal of the complaint because of its legal force , it does not require his consent as with the withdrawal of the complaint. Like most judgments in civil proceedings, with only a few exceptions, it only regulates the legal relationships between the parties involved in the process.
In the event of a waiver, the plaintiff must bear the costs according to Section 91 (1) sentence 1 ZPO.
