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SECTION XIII - The Action (klage)

Document Cited in Related
VerfasserE. J. Cohn and G. Meyer
Amt des AutorenSir
Seiten52

  1. An action (Klage) is brought by way of a written statement of claim, which is also called Klage. The word Klage signifies therefore both the written plea opening the case and the action in the English sense of this word.

    For rules on the contents of the Klage in the former sense see sections 130, 131 and 253, ZPO. There is a distinction between the facts, which ' must' be and those which ' should ' be pleaded (Mussvorschriften and Sollvorschriften). If any of the Mussvorschriften are missing, the Klage is invalid, while the absence of the Sollvorschriften has no legal consequences.

  2. It is usual to state in the written Klage the legal rules on which the claim is based in accordance with the general principle that the written pleadings may refer to law as well as to fact. Thus in appropriate cases the Klage may contain lengthy disquisitions on the legal questions at issue.

    There is no rule restricting the length of pleadings. The Klage will also specify in detail the evidence on which the plaintiff intends to rely for his contentions, giving the names and addresses of witnesses and experts and stating the points on which the plaintiff wishes them to be heard. As a...

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