Definition and legal basis

An acknowledgment is a central legal institution in German civil and procedural law that describes the explicit recognition of a claim or legal position by a party. It can take place in both judicial and extrajudicial contexts. In civil procedure law, Section 288 of the German Code of Civil Procedure defines acknowledgement as a unilateral concession that the allegations made by the opposing party are true.

The acknowledgement can be made under substantive law through a contract under the law of obligations or a real act. Within the meaning of Section 781 BGB, it creates an independent obligation on the part of the debtor that is separate from the underlying causal transaction. It differs from a procedural confession, which merely confirms the indisputability of a fact.

Forms and areas of application

There are various forms of acknowledgement. An acknowledgment of debt creates a new obligation between the debtor and the creditor. A factual acknowledgment can be made by actual action, such as payment on account or payment of interest. § Section 212 (1) no. 1 BGB stipulates that such actions interrupt the limitation period.

In civil proceedings, the acknowledgement can be made during the oral hearing or on the record of a judge. It does not require acceptance by the opposing party. According to Section 307 ZPO, the defendant is sentenced in accordance with the acknowledgement, which leads to the termination of the legal dispute.

Legal effects and requirements

The acknowledgement has far-reaching legal consequences. It leads to a lack of evidence of the acknowledged facts and enables a quick judgment of acknowledgement. The declaring party must be able to act in court with legal effect. The acknowledgement is unconditional and cannot be revoked.

Special features in various areas of law

In insurance law cases, such as traffic accidents, the policyholder must be careful with acknowledgements. A hasty acknowledgement can lead to the loss of insurance cover. In business and commercial relationships, acknowledgement is often used to clarify debt or claim relationships.

Future prospects

Digital technologies and new forms of communication pose new challenges for acknowledgement. Online dispute resolution procedures and digital communication platforms are expanding the possibilities of the acknowledgement levy. Jurisdiction must continuously adapt to technological developments.