Definition and concept of the full judgment
Ein Full judgment refers in German civil procedure law to a court decision that contains both the judgment result (operative part) and the complete reasoning. In practice, the full judgment is the standard form of a judgment and constitutes an essential component for subsequent appellate review as well as for the effect of res judicata and enforceability.
In contrast to the full judgment, there also exist so-called partial judgments und default judgments, in which the reasons for the decision may be wholly or partially dispensed with, or deviations from the usual judgment structure occur for other reasons. The full judgment ensures complete transparency and comprehensibility of the court’s decision-making process.
Legal basis
Code of Civil Procedure (ZPO)
The central statutory basis for the full judgment is found in the German Code of Civil Procedure (ZPO), in particular in § 313 ZPO. The necessary components and requirements for a properly drafted judgment are regulated there. In addition, regulations regarding types and forms of judgments can be found in §§ 308–320 ZPO.
Further statutory provisions
Other procedural codes, such as the Code of Criminal Procedure (StPO) and the Code of Administrative Court Procedure (VwGO), also include provisions regarding the preparation and content of complete judgment reasons, which in material respects are modeled on the concept of the full judgment in civil procedure.
Structure and components of a full judgment
Rubrum (Introductory part)
The rubrum contains the designation of the court, the parties to the dispute (plaintiff and defendant), case number, and the date of the oral hearing. It ensures the identification and assigns the decision to the specific proceeding.
Operative part (decision clause)
The operative part constitutes the actual decision section of the judgment. It includes the judge’s orders on the principal issue, such as an obligation to perform, dismissal of the claim, or findings. In addition, it regularly contains ancillary decisions, such as those on interest and costs, as well as, if applicable, provisional enforceability.
Facts
The facts describe the factual and disputed aspects and provide the indispensable basis for the legal assessment, § 313 (2) ZPO. They present the facts in a condensed form, particularly describing the essential claims, motions, and responses of the parties.
Reasons for the decision
In the section on reasons for the decision, the legal reasoning is disclosed. The court explains its considerations as to how and why it reached its decision. The legal norms applied, the legal evaluation of the facts, and the comprehensive justification of the result are stated here.
Signature and closing formula
Every full judgment ends with the signature of the deciding judges and the closing formula, which identifies the document as a judgment.
Purposes and functions of the full judgment
Comprehensibility and transparency
The full judgment is intended to present the decision-making process of the court comprehensively and transparently. This provides legal certainty for the parties. An essential prerequisite is the detailed and understandable presentation of the reasons for the decision.
Preparation of appeals
Only with a complete full judgment is the lodging of appeals (e.g. appeal or legal review) possible. The scope of reasoning required by the full judgment is essential so that higher courts can review the challenged decision.
Basis for enforcement
The clear and comprehensive operative parts in the full judgment form the legally secure basis for subsequent enforcement measures based on the judgment.
Special forms in addition to the full judgment: partial judgment, default judgment
In civil proceedings, not all cases require a full judgment. There are special forms which can differ from the full judgment in their components:
Partial judgment
A partial judgment relates only to a specific part of the subject matter in dispute. To the extent covered by the partial judgment, the principles of the full judgment nonetheless apply, i.e. facts and reasons for the decision must be included.
Default judgment
A default judgment is usually issued without facts and reasons for the decision if a party fails to appear at the hearing. However, a default judgment can also be issued in the form of a full judgment if the court considers this necessary.
Waiver of facts and reasons for the decision (§ 313a ZPO)
According to § 313a ZPO, it is possible in certain cases—for example, where no appeal is permitted—to dispense with drawing up facts and reasons for the decision. In these cases, a full judgment in the strict sense does not exist. Also, in consent or waiver judgments, the complete statement of reasons is often waived in accordance with § 313b ZPO.
Significance of the full judgment in the appeals process
The full judgment forms the basis for review by higher courts. Only through complete presentation can possible errors of law be identified and raised in appeal, legal review, or complaint proceedings.
Formal requirements and execution
Full judgments must be issued in writing, signed by the judges, and served on the parties. Electronic execution is also permitted under the Act to Promote Electronic Legal Transactions.
Res judicata and enforceability
With the proper service of a full judgment, and provided that no appeal is filed, the judgment becomes final and binding. The full judgment then constitutes the binding and enforceable final decision between the parties in the proceedings.
Summary
The full judgment is the comprehensive, written version of the court’s decision in civil litigation proceedings. In addition to the operative part, it includes both the facts and extensive, reasoned explanations of the decision. The rules governing the full judgment ensure legal certainty, transparency, and form the basis for the ability to appeal as well as for enforcement of the decision. Judgment types may be distinguished from the full judgment where, by exception, the reasons for the decision or the facts may be omitted. Thus, the full judgment is of central importance for German civil procedure law and the guarantee of a fair process.
Frequently asked questions
When is a full judgment issued in civil proceedings?
A full judgment is generally issued in civil proceedings when the court makes a final decision on the entire subject matter of the dispute. This means that, after the oral hearing is concluded, all factual and legal questions relevant to the case are addressed in a formal judgment. The decisive time for preparing a full judgment is typically after the last oral hearing, once the court, pursuant to §§ 308, 313 ZPO, has reached a complete decision as part of pronouncing the judgment. A partial judgment, on the other hand, is only rendered on a separable part of the dispute, while the full judgment concludes the entire proceedings.
What formal requirements must a full judgment meet under the Code of Civil Procedure (ZPO)?
The Code of Civil Procedure imposes comprehensive formal requirements on a full judgment. According to § 313 ZPO, the judgment must contain, inter alia, the designation of the parties and their legal representatives, the date of the last oral hearing, the operative part (decision clause), a statement of facts (unless dispensable according to § 313a ZPO), the reasons for the decision, and the sitting panel of the court. Particularly important is that the judgment contains a comprehensible and complete justification that sets out the court’s legal and factual considerations. Deficiencies in the reasons for the judgment may lead to its annulment on appeal.
What legal remedies are available for errors in the full judgment?
Errors in the full judgment, especially formal defects such as missing reasons or procedural violations, may be challenged by legal remedies, usually by appeal or legal review. The ZPO provides that the appeal court reviews compliance with the necessary requirements for the judgment and, in case of serious errors, can set aside the judgment and refer it back to the court of first instance. Depending on the type of error, lodging a complaint of denial of the right to be heard (§ 321a ZPO) or even an action for nullity is possible if the requirements are met. Proper challenge requires the exact description of the legal error.
What is the difference between operative part, facts, and reasons for the decision in the full judgment?
The operative part is the legally binding clause of the judgment and specifies exactly how the subject matter in dispute has been decided (e.g., payment, injunction, dismissal of the action). The facts describe the procedural history and the facts of the case, i.e., the undisputed and disputed submissions of the parties, including the motions made. The reasons for the decision, in turn, provide the legal and factual considerations of the court that justify the operative part. Together, these sections ensure the transparency and comprehensibility of the full judgment and help both the parties and appellate courts to understand the court’s reasoning.
When can the statement of facts be omitted from the full judgment?
According to § 313a ZPO, the statement of facts and detailed reasoning in the full judgment can be waived under certain conditions, for example, when no appeal is available against the judgment. In such cases, the court restricts itself to naming the parties, the operative part, and a decision formula in order to reduce procedural effort in clearly final judgments. However, such a waiver is only permitted if neither an appeal nor legal review is allowed; otherwise, the statement of facts must be included and extensively reasoned.
What is the significance of the full judgment for res judicata and enforcement?
The full judgment, upon service to the parties, has the effect of res judicata, i.e., it is binding on the parties and the court with regard to the decided subject matter (§ 322 ZPO). Only with a final full judgment can enforcement, such as by a bailiff, generally take place. The judgment serves as an enforceable title (§ 704 ZPO) and forms the basis for the enforcement of the claims established by it. Its substantive content therefore determines the extent and possibilities of enforcement.
