Introduction

The Code of Civil Procedure (Zivilprozessordnung, ZPO) is a central code in German law that governs the procedural rules for the resolution of private law disputes before the civil courts. It establishes the procedural principles, competences, procedural procedures and remedies for civil proceedings. In this article, we will examine the structure of the ZPO, its essential contents, and its significance for case law.

What is the Code of Civil Procedure (ZPO)?

The ZPO was adopted in Germany in 1877 and has undergone several amendments since then. It regulates the procedure in civil disputes before the ordinary courts, i.e. the district courts, regional courts and higher regional courts. The CCP is an indispensable tool for the enforcement of civil claims and the protection of the rights of the parties in court proceedings.

Structure of the Code of Civil Procedure

The ZPO is divided into five books that cover different aspects of civil procedure:

Book 1: General regulations

This book contains general rules that apply to all civil procedure. These include rules on the jurisdiction of the courts, the parties’ capacity to bring proceedings, representation in proceedings, types of action and the burden of proof.

Book 2: Proceedings at first instance

Here, the rules for the procedure in the first instance are regulated. This includes the filing of the lawsuit, the written preliminary proceedings, the oral hearing, the taking of evidence and the judgment.

Book 3: Remedies

This book contains provisions on appeals against decisions of the courts, in particular appeals and appeals on points of law.

Book 4: Foreclosure

This section regulates the rules for enforcement of court decisions and other enforcement instruments.

Book 5: Special types of proceedings

This part contains provisions for special types of proceedings, such as order for payment proceedings, proceedings in family matters and proceedings in agricultural matters.

Essential contents of the Code of Civil Procedure

Jurisdiction of the courts

The ZPO determines which courts have jurisdiction over which type of legal disputes. A distinction is made between local and subject-matter jurisdiction.

Types of action

The ZPO distinguishes between different types of action, such as the action for performance, the action for a declaratory judgment and the action for a constructive judgment, each of which has different legal effects.

Procedural principles

The Code of Civil Procedure contains various procedural principles, such as the principle of disposition (the parties determine the scope of the proceedings), the principle of publicity and the principle of orality.

Evidence

The ZPO regulates how evidence can be taken in civil proceedings. This includes witness interviews, expert reports, documents and visual inspection.

Judgments and decisions

The ZPO specifies the forms of judicial decisions. The judgment is the most common form of decision in civil proceedings. In addition, there are resolutions and orders for certain procedural matters.

Appeals

If a party disagrees with the court’s decision at first instance, it may appeal. The ZPO regulates the requirements and procedure for appeal and revision.

Foreclosure

The ZPO contains provisions for the enforcement of court decisions through compulsory enforcement. This includes the seizure of assets, the eviction of real estate, and the filing of affidavits.

Significance of the Code of Civil Procedure for Jurisprudence

The ZPO is of central importance for the administration of justice in Germany. It ensures that civil proceedings are conducted fairly and lawfully and that the rights of the parties are safeguarded. By regulating the course of proceedings and legal remedies, the ZPO contributes to legal certainty and legal protection.

Challenges and current developments

The ZPO must constantly evolve to meet changing social conditions and legal requirements. Current challenges include, for example, the digitization of legal transactions, the handling of complex mass proceedings and the acceleration of court proceedings.

Conclusion

The Code of Civil Procedure is a comprehensive code that governs the procedural rules for civil proceedings in Germany. It lays the groundwork for conducting civil litigation, gathering evidence, rendering judgments, and enforcing court decisions. For lawyers, judges, and parties in a civil case, it is essential to know and apply the rules of the ZPO.