Objection

Definition and legal classification

The defense is a central legal institution in German civil law that grants the debtor a counterclaim in order to prevent the enforcement of an existing claim. It differs fundamentally from objections due to its specific legal effect. While objections completely eliminate a claim, the defense only inhibits its enforceability. The claim remains legally valid, but cannot be asserted temporarily or permanently. Civil law recognizes various forms of objection, which differ in terms of duration of effect and legal consequences. The defense must be actively asserted by the entitled party and is not considered ex officio. It is an important procedural instrument for safeguarding the rights of the debtor.

Types and effects of defenses

The legal system distinguishes between dilatory (suspensive) and peremptory (permanently inhibiting) defenses. Dilatory defenses such as the defense of non-performance of the contract or the right of retention only temporarily suspend the claim. Peremptory defenses, such as the statute of limitations defense, permanently exclude enforceability. The defense of the statute of limitations pursuant to Section 214 BGB is a classic example of a peremptory defense. In the law of unjust enrichment, there are specific defenses such as the defense of unjust enrichment. They are generally asserted by means of an express declaration by the debtor. Case law has developed differentiated principles for the application of defenses.

Defenses in various areas of law

In the law of obligations, defenses play a central role. The defense of non-performance of contract under Section 320 of the German Civil Code (BGB) allows a contracting party to refuse performance if the other party does not fulfill its obligations. In employment law, for example, an employee can refuse to work if the employer does not pay the remuneration. The law of unjust enrichment has specific defenses such as the defense of unjust enrichment. The defense of fraudulent intent pursuant to Section 853 BGB offers protection against abusive conduct. The variety of defenses shows their importance for the flexibility of private law.

Procedural significance and assertion

In civil proceedings, objections must be actively raised. Unlike objections that prevent or destroy rights, defenses are not considered ex officio. The defendant must expressly invoke the defense for it to be effective. The burden of proof for the actual requirements of a defense is generally borne by the party invoking it. Case law has developed differentiated principles for the assertion and examination of defenses. The procedural significance of the defense lies in its function as an instrument of defense.

Digital challenges and future prospects

Digital technologies and new forms of contract pose challenges to the classic concept of defense. Blockchain technologies and smart contracts require new approaches to legal interpretation. Digitalization is expanding the possibilities for shaping the law and at the same time calling traditional legal concepts into question. Artificial intelligence and automated systems will influence the application of defenses. Legal science must continuously develop solutions for digital legal relationships.

Legal classification

Pleas form an independent legal category between substantive rights and procedural rights. They differ from performance rights in their specific formative effect. Legal scholars are constantly discussing the dogmatic classification and delimitation of defenses. They are a central instrument for making private law more flexible and enable dynamic legal structuring.