Civil legal dispute
Definition and classification
A civil legal dispute is a central concept in German civil procedural law. It refers to a dispute concerning the legal relationships between private law subjects and is held before a civil court. The distinction between civil legal disputes and public law or criminal proceedings is essential for determining the competent court and the applicable procedural law.
The term appears, among others, in the Courts Constitution Act (GVG), in particular in Section 13 GVG, which regulates the jurisdiction of the ordinary courts for civil legal disputes. The precise legal classification plays a decisive role for the admissibility of a claim, the type of proceedings, as well as for appeals and legal remedies.
Legal basis
Section 13 GVG (Courts Constitution Act)
The key statutory reference for the definition of a civil legal dispute is Section 13 GVG:
“The ordinary courts shall have jurisdiction over all civil legal disputes…”
In essence, the law defines the concept through negative delimitation: everything that does not fall under the jurisdiction of administrative, fiscal, social, or labor courts (and does not fall within the jurisdiction of other courts) should, as far as possible, be seen as a civil legal dispute.
Other legal sources
In addition to the GVG, the Code of Civil Procedure (ZPO), the Civil Code (BGB), and specific special laws (e.g., the Commercial Code, HGB) are also significant in shaping civil legal disputes.
Characteristics of a civil legal dispute
Private law nature
At the core is the characteristic of a private law dispute. Typically, these are conflicts over rights and obligations arising from contracts or statutory obligations, asserted by natural or legal persons under private law.
Parties involved
The parties to a civil legal dispute are generally private individuals, companies, associations, foundations, or similar legal entities. Public-law bodies (e.g., territorial authorities) can also be parties to such proceedings if they act under private law (e.g., as landlords of residential property).
Subject matter of the dispute
Any civil law issue can be the subject matter of the dispute, in particular:
- Claims arising from contracts (purchase, rental, contract for work, service contract, etc.)
- Disputes regarding ownership and possession
- Claims for damages from tort (§§ 823 et seq. BGB)
- Family and inheritance disputes (e.g., divorce, inheritance disputes)
- Business relationships in commercial law (e.g., commercial law)
Distinction from other types of proceedings
Civil legal disputes must be distinguished from proceedings before public jurisdiction (administrative, fiscal, social, and labor courts) as well as from criminal proceedings. The differentiation is made based on the subject matter of the dispute and the application of substantive law (primarily BGB and HGB).
Jurisdiction of the courts
Ordinary jurisdiction
The decision over civil legal disputes lies with the ordinary courts. The courts of first instance are usually the Local Court (for claims with a value up to 5,000 euros or in special cases) or the Regional Court (for higher amounts in dispute and certain subjects, e.g., commercial disputes).
Special jurisdictions
Family law cases (e.g., divorce, custody) and certain inheritance matters also fall under civil legal disputes, but are often heard by specialized departments of the Local Courts as family or probate courts.
Local and subject-matter jurisdiction
Jurisdiction is determined by the GVG, the ZPO, and by special statutory regulations (for example, in tenancy law). The amount in dispute, subject matter, and the place of residence of the parties are decisive.
Procedural particularities
Applicable procedural law
The Code of Civil Procedure (ZPO) applies to civil legal disputes. The ZPO regulates the proceedings from filing the claim through the oral hearing to the judgment, as well as the available legal remedies.
Burden and presentation of proof
The burden of proof plays a central role in civil proceedings. As a rule, each party bears the burden of proof for the facts favorable to it in the dispute. Evidence is typically taken through witnesses, documents, expert opinions, or site inspections.
Cost law
For civil legal disputes, the Court Costs Act (GKG) and the Lawyers’ Remuneration Act (RVG) apply. These determine the cost liability in cases of losing or prevailing in the process (§ 91 ZPO).
Special forms of civil legal disputes
Individual and collective actions
In addition to individual actions, collective rights of action are now also available (e.g., model declaratory action pursuant to § 606 ZPO), when numerous injured parties wish to proceed against a single defendant.
Arbitration proceedings
Civil disputes can also be settled out of court by means of arbitration proceedings, provided the parties have contractually agreed to this.
Provisional legal protection
Civil procedural law provides for instruments of provisional legal protection (e.g., preliminary injunction, attachment) to enable rapid solutions in conflict cases.
International dimension
In an international context, civil legal disputes also include cross-border cases. Additional regulations apply here, such as the Brussels Ia Regulation (Brussels I Recast) on international jurisdiction and the recognition and enforcement of judgments in civil and commercial matters within the EU.
Significance and practical relevance
Civil legal disputes form the backbone of civil jurisdiction. They guarantee legal protection for private individuals and companies when asserting or defending against claims. Knowledge and precise classification of such disputes is essential in practice to effectively assert rights and comply with procedural requirements.
Literature reference:
- Courts Constitution Act (GVG)
- Code of Civil Procedure (ZPO)
- Civil Code (BGB)
- Müller-Graff, Peter-Christian: Civil Legal Dispute and Its Distinction, 2021
- Musielak/Voit: Code of Civil Procedure, commentary, latest editions
Frequently Asked Questions
Which courts have jurisdiction over civil legal disputes?
For civil legal disputes, that is, conflicts falling under civil law, the courts of first instance are generally the Local Courts and the Regional Courts. Jurisdiction usually depends on the amount in dispute: for amounts up to 5,000 euros, the Local Courts are regularly competent, for higher amounts, the Regional Courts. Regardless of the amount in dispute, the Local Courts are always competent in certain cases – for example, disputes concerning leases or family matters. Appeals against judgments of the Local Courts are decided by the Regional Courts; appeals against judgments of the Regional Courts in first instance are decided by the Higher Regional Courts. The final instance in civil proceedings is the Federal Court of Justice, which, however, can only be called upon in specific cases.
How does a civil legal dispute proceed?
A civil legal dispute generally begins with the filing of a statement of claim at the competent court. After this statement of claim is served to the opposing party, it is given a deadline to respond. This is followed by the so-called oral hearing, in which the parties explain their positions and present evidence, for example, through witness statements or documents. The court may also attempt to reach an amicable settlement. If this does not occur, the court decides by judgment. Depending on the amount in dispute and the instance, there may be possibilities for appeal or revision against this judgment. Throughout the entire process, certain procedural regulations, particularly those of the Code of Civil Procedure (ZPO), must be observed.
What costs arise in a civil legal dispute?
The costs of a civil legal dispute generally consist of court costs and out-of-court costs (primarily lawyers’ fees). The amount of court costs depends on the amount in dispute and is regulated by the Court Costs Act (GKG). Lawyers’ fees are calculated based on the Lawyers’ Remuneration Act (RVG), where the amount in dispute is also decisive. Additional costs may arise for experts, witness compensation, or opinions. The losing party must bear all costs of the dispute, unless the court decides otherwise. Finally, settlement costs or costs for any ancillary proceedings may also arise.
What deadlines must be observed in a civil legal dispute?
Numerous deadlines exist in civil legal proceedings that must be strictly adhered to. These include, for example, the deadline for responding to the claim, set by the court, as well as appeal or revision deadlines after service of a judgment. Typically, the time limit for an appeal is one month and the period for giving grounds for the appeal is two months. In addition, limitation periods must be observed, within which a claim must be asserted – these usually amount to three years, but may be shorter or longer in individual cases. Failure to observe certain deadlines can lead to the loss of rights, so they should be strictly observed in the interests of effective legal recourse.
Is a lawyer compulsory in a civil legal dispute?
The necessity of a lawyer depends on which court has jurisdiction over the dispute. Before the Local Court, there is no requirement for legal representation, meaning the parties can represent themselves. In the Regional Courts and higher instances, however, legal representation is mandatory: cases may only be conducted there by an admitted lawyer. Regardless, it is advisable to be represented by a lawyer even before the Local Court, as they possess the necessary legal knowledge and experience to optimally protect the client’s interests.
Can an out-of-court settlement be reached during a civil legal dispute?
Yes, throughout the course of a civil legal dispute, it is generally possible to reach an out-of-court settlement – for example, by way of a compromise. Such a settlement can be reached before or even during pending proceedings. Especially during the oral hearing, the court may work towards a settlement. A court-recorded settlement has the effect of an enforceable title, meaning that in the event of non-fulfillment, enforcement can proceed as with a judgment. Out-of-court settlements outside the judicial process are also possible at any time and can bring the dispute to an end.
Is legal aid available for civil legal disputes?
For persons who, due to their financial circumstances, are unable to bear the costs of legal proceedings, in whole or in part, it is possible to apply for legal aid (PKH). This applies to both plaintiffs and defendants. The granting of legal aid requires that the legal pursuit is not frivolous and offers sufficient prospects of success. Legal aid includes coverage of court costs and, if necessary, one’s own lawyer’s fees, but not the costs of the opposing party if the applicant loses the case. The relevant application must be submitted to the competent court and requires a detailed presentation of personal and financial circumstances.
