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Step action
- Die Schrittklage ermöglicht die Geltendmachung mehrerer Ansprüche in einem rechtlichen Streitfall gemäß § 254 ZPO.
- Vor allem in Familien- und Erbrecht wird die Schrittklage genutzt, um Informationen oder Leistungen stufenweise zu verlangen.
- Voraussetzung ist ein rechtlicher oder wirtschaftlicher Zusammenhang zwischen den Ansprüchen; die Reihenfolge muss eingehalten werden.
- Rechtliche Beratung vor Einreichung der Schrittklage ist empfehlenswert, um die erforderlichen Elemente korrekt zu berücksichtigen.
The step action is a legal instrument in German civil procedural law that allows various claims to be asserted in a staggered manner in a single legal dispute. This article provides a detailed insight into the concept of the step action, its application, prerequisites and the course of the proceedings.
Introduction
The action by stages is governed by Section 254 of the Code of Civil Procedure (ZPO) and allows several claims to be asserted in a specific order in one legal dispute. This is particularly useful if the enforcement of a claim initially requires certain information or disclosures that the claimant does not have. The step action prevents the need to file several separate actions, which saves time and costs.
Application areas
The step action is often used in family and inheritance matters, but can also be relevant in other areas of law. For example, an heir can first demand information about the estate (information level) and then demand the surrender of certain estate items or the payment of a compulsory portion (performance level).
Requirements
A step-by-step action requires that there is a legal or economic connection between the claims asserted. In addition, the enforcement of the more extensive claim must depend on the previous stage.
Sequence of the step action procedure
1. filing of the lawsuit
The plaintiff shall file a complaint setting forth the various claims in the order in which they are sought to be asserted. The complaint must clearly state the requirements for each step and the relationship between the claims.
2. information level
In the first stage, the information stage, the plaintiff usually requests information or an accounting from the defendant. The court may order the defendant to provide the requested information.
3. power level
After the claimant has received the necessary information, he or she can demand the fulfillment of the actual claim in the performance stage. This can be, for example, the payment of a sum of money, the surrender of objects or the performance of a certain act.
4. judgment and execution
The court shall render a judgment considering the plaintiff’s claims in the order set forth. After the judgment has been issued, the plaintiff may pursue enforcement of the court decision.
Advantages and disadvantages
The advantage of the step action is that it offers an efficient and cost-saving way of asserting several interrelated claims in a single proceeding. This prevents the need for multiple court proceedings and can expedite litigation.
However, the step action can also be complex, requiring careful planning and knowledge of the legal requirements. In addition, delays may occur in practice, especially if the defendant does not cooperate or if additional evidence is required.
Special features and practical tips
It is important to note that in a step action, the plaintiff must assert all claims in the correct order and within the statutory time limits. In addition, the claimant should be prepared to present additional evidence, if necessary, to support his or her claim.
In practice, it is advisable to seek legal advice before filing a step action to ensure that the action is properly drafted and contains all the required elements.
Conclusion
A step action is a useful legal tool that, in certain cases, provides an efficient way to bring multiple claims in a single lawsuit. Avoiding multiple court cases can save time and money. However, the step action requires careful planning and knowledge of the legal requirements. It is therefore advisable to seek legal assistance when filing a step action.
