All available in:
- Sreitgenossenschaft is a procedural institution under the German Code of Civil Procedure for several plaintiffs or defendants.
- The legal basis can be found in §§ 59-63 of the Code of Civil Procedure(ZPO).
- There are two types: simple and necessary litigation cooperatives pursuant to sections 59, 60 and 62 of the German Code of Civil Procedure (ZPO).
- The notice of dispute informs third parties about a legal dispute and can enable them to join the dispute.
- Practical significance in various areas of law, such as company law, tenancy law and tort law.
- Developments in case law are expanding the areas of application of joint litigation, especially in mass proceedings.
- Correct application is crucial for efficient law enforcement and avoiding contradictory decisions.
Definition and legal basis:
Joint litigation is an institution under procedural law in which several persons appear jointly as plaintiffs or defendants in civil proceedings. The legal basis can be found in sections 59-63 of the Code of Civil Procedure (ZPO). The parties to the dispute are therefore the persons who sue or are sued jointly. The third-party notice, on the other hand, is a separate legal institution, regulated in Sections 72-74 ZPO, which enables a litigant to inform a third party about the pending legal dispute and include them in the proceedings.
Types of joint litigation:
1. simple joint litigation (Sections 59, 60 ZPO):
– Several persons may sue or be sued jointly as joint litigants if they are in a legal community with regard to the subject matter of the dispute or if their rights or obligations are based on the same factual and legal grounds.
– In principle, each litigant conducts his or her own case independently.
2. necessary litigation consortium (section 62 ZPO):
– Exists if the legal relationship in dispute can only be established uniformly against all litigants or if the litigation consortium is necessary for other reasons.
– The effects of procedural acts extend to all necessary litigants.
Requirements and effects:
The following requirements must be met for a joint venture:
– Several persons on the plaintiff or defendant side
– Material connection between the claims or obligations
– In the case of necessary joint litigation: necessity of a uniform decision
The effects of the litigation consortium are:
– Litigation economy by bundling similar legal disputes
– In the case of simple litigation consortium: In principle independent litigation of each litigant
– In the case of necessary litigation consortium: Uniform decision for all litigants
Notice of dispute:
The third-party notice is a procedural instrument in its own right:
– A party to the proceedings can give notice of the dispute to a third party if it can assert a claim against the third party in the event of losing or fears a claim by the third party (Section 72 ZPO).
– The party who has been notified of the dispute may intervene in the legal dispute (Section 74 ZPO).
– The third-party notice serves the binding effect in subsequent proceedings (Section 68 ZPO).
Practical significance:
Joint litigation has practical relevance in various areas of law:
– In company law in the case of actions by or against several shareholders
– In landlord and tenant law in the event of legal action by or against several tenants or landlords
– In tort law for claims against multiple tortfeasors
– In construction law for claims for defects against several parties involved in construction
The third-party notice is particularly relevant:
– In warranty law to involve suppliers or subcontractors
– In recourse claims to secure claims against third parties
– In insurance law to involve insurers
Special procedural features:
– In the case of simple joint litigation, the proceedings of the individual litigants can proceed and end differently.
– In the case of the necessary joint litigation, the court must make a uniform decision for all parties to the dispute.
– The third-party notice does not lead to an extension of the party, but merely enables the party served with the third-party notice to join as an intervening party.
Delimitation and related legal institutions:
– Joint litigation must be distinguished from intervening parties (Sections 66 et seq. ZPO), in which a third party joins a party without becoming a party themselves.
– The third-party notice differs from the summons in administrative proceedings (Section 65 VwGO), which fulfills a similar function in public law.
Current developments and case law:
– Case law is constantly developing the areas of application of the necessary cooperative dispute, particularly in company and inheritance law.
– In the context of mass proceedings (e.g. diesel scandal), joint litigation is becoming increasingly important for efficient litigation.
– The third-party notice is increasingly being used as an instrument to prepare for litigation and preserve evidence.
In summary, joinder of parties and third-party notice are important procedural instruments that enable the efficient enforcement and defense of rights. They contribute to procedural economy and help to avoid contradictory decisions. Their correct application requires a careful analysis of the procedural situation and the substantive legal relationships between the parties involved.
