SECTION XVI - The Judgment
Verfasser | E. J. Cohn and G. Meyer |
Amt des Autoren | Sir |
Seiten | 56 |
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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.
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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.
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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...
Um weiterzulesen
FORDERN SIE IHR PROBEABO AN- Manual of German Law
- Part IV CIVIL PROCEDURE
- SECTION I - Introduction
- SECTION II - General Aspects
- SECTION III - Jurisdiction Of The Courts
- SECTION IV - The Principles Of German Civil Procedure
- SECTION V - Disqualification And Challenging Of Judges
- SECTION VI - Capacity To Be A Party And To Conduct Proceedings
- SECTION VII - Legal Representation And Legal Assistance In Proceedings
- SECTION VIII - Court Fees
- SECTION IX - Security For Costs (sicherheitsleistung)
- SECTION X - Legal Aid And Assistance To The Poor
- SECTION XI - Service Of Legal Documents
- SECTION XII - Procedure Before The Landgericht Illustrated
- SECTION XIII - The Action (klage)
- SECTION XIV - Preliminaries To The Oral Hearing
- SECTION XV - The Oral Hearing
- SECTION XVI - The Judgment
- SECTION XVII - Default Judgments And Undefended Suits
- SECTION XVIII - Evidence
- SECTION XIX - Special Rules On Procedure Before The Amtsgericht
- SECTION XX - Appeals From Decisions
- SECTION XXI - Special Procedure In Matters Affecting Status
- SECTION XXII - Special Procedure In Matters Relating To Bills Of Exchange, Cheques And Other Documents
- SECTION XXIII - Summary Proceedings
- SECTION XXIV - New Trial
- SECTION XXV - Provisional Proceedings
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