SECTION XVI - The Judgment

Author:E. J. Cohn and G. Meyer
Profession:Sir
Pages:56
 
FREE EXCERPT
  1. The ZPO distinguishes the following kinds of judicial decisions:(a) Beschliisse (Orders). These are as a rule of an interlocutory nature, e.g. order concerning evidence and order granting to an applicant the status of a poor person. In some cases the orders are subject to a 'complaint' (Beschwerde); section 567, ZPO.

    (b) Verfiigungen (Directions). These are simply written instructions by the judge to the office staff, such as a direction to give to one of the parties a copy of a page which forms part of the file.

    (c) Urteile (Judgments). These are written decisions in a prescribed form; judgments are usually delivered after an oral hearing. Section 300, ZPO.

  2. A judgment of a Court consists of the following parts (see the example section XII 6 above):-(a) The Rubrum containing the names of the parties, their attorneys.

    the Court, etc.

    (b) The 'tenor' or Urteilsformel which consists of the operative part of the judgment.

    (c) The Tatbestand (Statement of facts), giving a short description of any agreed facts, the allegations of the parties and a summary of the evidence.

    the last two often abbreviated by reference to the pages of the file where they are to be found.

    (d) The Entscheidungsgriinde (reasons for the decision) in which the Court evaluates the evidence and sets out the legal considerations on which the judgment is based.

  3. The following kinds of judgments are distinguished:(a) Final judgment-Urteil or Endurteil-a judgment which contains the final decision on the dispute.

    (b) Part judgment-Teilurteil-a judgment by which only part of the dispute is decided. If the Court finds that the evidence enables it to decide part of the dispute, it must render a Teilurteil; e.g. if the plaintiff claims 20,000 DM and the defendant admits to be indebted in the amount of 5,000 DM, but disputes the remaining 15,000 DM, the Court will make a Teilurteil in favour of the plaintiff for 5,000 DM.

    (c) Interim judgment-Zwischenurteil-a judgment deciding disputes incidental to the proceedings. (See para. 70 above.) (d) Judgment on the substance of the claim Vorabentscheidung iiber den Grund, often briefly referred to as Grundurteil, a judgment by which the Court decides that the plaintiff has a claim against the defendant, but leaves open the question of the extent of the claim. This type of judgment is frequently found in accident cases; the Court decides that the plaintiff is liable for damages, but leaves the question of the amount of damages open for...

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