SECTION XVII - Default Judgments And Undefended Suits

AuthorE. J. Cohn and G. Meyer
ProfessionSir
Pages59
  1. If the plaintiff does not appear at the oral hearing, his action will be dismissed on application by the defendant. Section 330, ZPO. If the defendant fails to appear, the court will assume that the facts pleaded by the plaintiff are established. To the extent to which these facts justify the action, i.e., in so far as the action is ' conclusive ' (schliissig), on motion of the plaintiff, judgment by default must be given against the defendant (Versiumnisurteil). Section 331, ZPO.

  2. The defaulting party may apply to have a judgment in default of appearance set...

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