Civil jurisdiction (Germany)

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The civil jurisdiction is responsible for civil disputes . Together with the criminal courts , the civil courts form the ordinary jurisdiction .

Delimitation from civil jurisdiction

Civil jurisdiction is not the same as civil jurisdiction . The opposite term to the latter is military jurisdiction , which has not existed in the Federal Republic of Germany since its foundation, i.e. H. in Germany all the dishes (not just today civil courts) civilian courts. This is often misrepresented in the media, especially in foreign reports. If z. B. the right to a procedure before a civil court is demanded (e.g. for inmates of the camp in Guantanamo instead of the procedure before the military commission created for this purpose), this is often incorrectly translated as "civil court".

Structure and scope

Civil jurisdiction consists of civil disputes, family matters, and voluntary jurisdiction ( civil ) matters . The disputed jurisdiction, i.e. the decision of a legal dispute between the plaintiff and the defendant, can take place both through state courts and, if necessary, through a private arbitral tribunal .

The specialist jurisdictions are to be delimited; here in particular the labor jurisdiction (Germany) , which is also responsible for decisions in civil disputes in the field of individual and collective labor law, but is not part of the ordinary jurisdiction. Specialized courts / departments in civil jurisdiction are also the family court , the bankruptcy court and the agricultural court with special responsibilities.

State civil courts

The state civil courts in Germany are official , agriculture , Courts of Appeal and the Federal Court . The negotiations are partially public and are regulated in the Code of Civil Procedure (ZPO).

Except in proceedings before the local courts, the parties must be represented by a lawyer .

Private civil courts

The parties to arbitration proceedings negotiate confidentially in camera. If they do not make their own regulations, the procedure is based on the rules of §§ 1025 ff. ZPO. Institutionalized arbitration proceedings are based on the respective provider's own rules of procedure. You can speed up the process and reduce costs. Legal representation is not mandatory in arbitration proceedings.