Civil matter

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Among the civil cases include civil litigation , the family matters and the matters of voluntary jurisdiction .

General

This legal definition of § 13 GVG one in German law finally the resulting from civil law civil litigation on to which the commercial matters include ( § 95 para. 1 GVG), as well as family matters and voluntary jurisdiction. They are brought before the ordinary courts . It is a field of law that deals with the legal relationship between citizens or with other legal entities , as long as public or criminal law does not apply. The main sources of German civil law are the BGB and HGB .

Roman law already knew the civil matter ( Latin causa civilis ) and distinguished it from the criminal matter ( Latin causa criminalis ).

International

According to Article 81 (1) TFEU , the European Union is developing judicial cooperation in civil matters with cross-border implications, based on the principle of mutual recognition of judicial and extrajudicial decisions. The ECJ ruled in this connection in April 2009 that the term civil matters must be interpreted as meaning that it may even include measures in the legal system governed by public law of a Member State. Furthermore, among the civil matters of antitrust damages , patent disputes or deposit disputes . Decisive elements for classification as civil cases are the subject of the dispute and the legal status of the parties. According to Art. 1 Para. 1 Clause 1 EuGVVO , the “Ordinance on Jurisdiction and the Recognition and Enforcement of Judgments” is to be applied in civil and commercial matters, regardless of the type of jurisdiction.

In Switzerland there is a legal source for civil matters in particular OR / ZGB , in Austria ABGB / UGB . In many other countries, civil law is called “civil law (book)”, for example in France ( French Code civil ), Italy ( Italian Codice civile ), Spain ( Spanish Código Civil ) or Portugal ( Portuguese Código Civil ). In the common law -Staaten England and Ireland , the term "civil matters" has ( English Civil disputes ) a different meaning (civil litigation ).

Individual evidence

  1. ECJ, judgment of April 2, 2009 - C-523/07
  2. ECJ, judgment of September 20, 2001 - C 453/99
  3. ECJ, judgment of October 14, 1976 - RS 29/76