Restoration to the previous status

Restitutio in integrum is a legal institution that enables a party to restore its procedural rights if it has missed a deadline due to unforeseen circumstances. This article highlights the various aspects of restitutio in integrum and its application in the German legal system.

Definition and purpose

Restitutio in integrum, also known as reinstatement, is a legal remedy that allows a party to restore his or her legal position when he or she has missed a statutory or judicial deadline through no fault of his or her own. The purpose of reinstatement is to mitigate the negative consequences of missed deadlines that occurred due to circumstances beyond the control of the affected party.

Requirements

Restitutio in integrum is regulated in Germany in the Code of Civil Procedure (ZPO) in §§ 233 ff. To obtain reinstatement, the following requirements must be met:

1. Missing a deadline: the party must have missed a statutory or court deadline.
2. No fault: The party must not have been at fault for missing the deadline, i.e. he must have exercised all due care to meet the deadline.
3. Filing an application: The party must file an application for reinstatement within a certain period of time after the obstacle has ceased to exist.
4. Statement of facts: The party must make a prima facie case of the facts justifying reinstatement.
5. Making up for the missed action: The missed procedural action must be made up for within the application period.

Procedure

The request for reinstatement must be submitted in writing to the competent court. The request must contain the missed action, the reasons for the missed action and the time when the obstacle ceased to exist. The party must also attach evidence supporting its representation.

Effect of reinstatement

If the application for reinstatement is granted, the legal situation is restored as if the failure to meet the deadline had not occurred. The party may then continue to exercise its procedural rights.

Rejection of the application

If the request is denied, the failure to meet the deadline remains and the party may suffer the legal disadvantages associated with it. The refusal of reinstatement may be appealed.

Special significance in criminal law

In criminal law, restitutio in integrum has a special significance, as it often involves fundamental rights and deprivation of liberty. Reinstatement can also be applied for in criminal proceedings if, for example, an appeal deadline has been missed.

Criticism and discussion

Critics argue that the procedure of restitutio in integrum could be abused to cause delays. On the other hand, it is considered a necessary tool to maintain fairness and justice in the legal process.

Conclusion

Restitutio in integrum is an important remedy designed to protect the rights of parties who have missed a deadline through no fault of their own. It is a balance between the need to preserve the integrity of the judicial process and the protection of the rights of the parties.