Request for Specification – Legal Term and Meaning
Das Request for Specification is a significant term in German law. It describes a claim to receive certain information from an obligated party, particularly the identity or contact details of a person. The instrument of the request for specification serves to enforce and prepare further rights and claims, for example in connection with copyright infringements, in civil procedure law, and other legal contexts.
Definition and Areas of Application
The request for specification is a legal tool used to demand the disclosure of certain data or persons who have appeared in a specific legal relationship or may have committed a wrongful act. The claim often aims to establish the conditions for asserting claims in court.
Civil Law Relevance
In civil law, the request for specification plays a role particularly in cases where the injured party or claimant does not know against whom potential claims may be asserted. Typical areas of application include:
- Copyright Law: Rights holders may, in cases of copyright infringement, make a request for specification to internet service providers or platforms (§ 101 UrhG).
- Liability Law: If someone acts on behalf of a third party who is not openly identifiable and in doing so infringes upon the rights of another, a request for specification can be made against the acting party to identify the principal (so-called representative designation).
Procedural Law Context
In civil proceedings, the request for specification can represent an important measure for preparation of evidence. This is the case, for example, under § 142 ZPO (obligation to present documents and objects) or within the scope of secondary burden of proof in certain situations, to specify opponents or evidence.
Statutory Framework
The legal basis for the request for specification can be found in various statutes, depending on the respective area of law.
Copyright Act (UrhG)
In cases of copyright infringement, the request for specification is regulated by § 101 UrhG. This provision enables rights holders to request information from various parties (such as internet providers) about the origin and distribution channels of infringing products as well as the identity of the infringers.Requirements:
- Prima facie evidence of a manifest legal violation of a commercial scale
- Application to the competent regional court (if it involves traffic data in accordance with the Telecommunications Act)
- Balancing of interests between the right to information and personal rights, in particular data protection
Civil Code (BGB)
In the law of obligations, a request for specification may exist, for example, against contract partners if contributors or third parties are involved who would otherwise remain unknown. A similar situation may arise in sales law if a supplier cannot be identified and a recourse claim is to be prepared.
Code of Civil Procedure (ZPO)
Under civil procedure law, parties may ask the court to oblige third parties to specify items of evidence (witnesses, experts, documents). This, too, can be termed a request for specification, but it primarily serves the preparation or securing of evidence.
Practical Examples
Request for Specification in Copyright Law
The request for specification often becomes relevant in the context of file-sharing warnings. Rights holders apply to the court to obligate the internet provider to link the IP address to the connection owner and disclose their identity. The court examines both admissibility and fulfillment of statutory requirements.
Request for Specification in Business and Contract Law
A retailer discovers that a product sold through intermediaries is defective. In order to assert warranty claims, he may require from the distribution chain the name of the original manufacturer or supplier.
Limits and Restrictions of the Request for Specification
Data Protection and Privacy Rights
The right to data protection regularly stands in opposition to the request for specification. Disclosure of personal data may only occur if a specific statutory basis exists and the interests of the parties involved (especially the affected person) are carefully balanced.
Proportionality
The request for specification must not impose disproportionate burdens upon the obliged party. There must be a legitimate interest in the information, linked to specific enforcement or safeguarding of legal interests.
Legal Consequences of Justified or Unjustified Requests for Specification
Enforcement and Execution
If a justified request for specification is made but not fulfilled, the claim can be asserted in civil court proceedings. In some cases, regulatory fines or claims for damages may be imposed for non-compliance.
Abuse and Damages
In the case of an unjustified request for specification, affected individuals can object to the disclosure of their data. The unauthorized release of sensitive information can result in liability for violation of personality rights.
Summary
The request for specification is a versatile legal instrument for obtaining information which plays a significant role in various branches of law. It serves effective enforcement of rights by enabling the entitled party to obtain necessary information about third parties—especially their identity and contact data. The design and scope of the request for specification are determined by the respective legal framework and a careful weighing of interests.Sources:
- §§ 101 UrhG, BGB, ZPO
- Literature and commentaries on the respective statutes
- Case law of the Federal Court of Justice (BGH)
- Publications of the Federal Data Protection Officer
Related Topics:
- Right to Information
- Data Protection Law
- Burden of Proof in Civil Procedure
- Copyright Warning Letter
Frequently Asked Questions
When and under what conditions can a request for specification be made?
A request for specification can generally be made whenever there is a legally recognized claim to specify an already existing request in respect of an item, person, or legal object, particularly within the framework of contractual obligations in German civil law. The classic statutory example can be found in tenancy law (§ 566e BGB) as well as in general contract law (§ 241a para. 2 BGB). The fundamental requirement is always that the applicant asserts a claim whose subject must be specifically named, either to enforce rights in their own name or to assert property rights. The applicant must have a legitimate interest in the specific designation, which usually consists of being unable to fulfill their own legal duties or rights meaningfully without such designation. The request for specification is usually directed at the primary contracting party or obligated person required to provide information.
What are the legal consequences of failing to fulfill a request for specification?
If a justified request for specification is not fulfilled or only partially fulfilled, this can have various legal consequences depending on the individual case. In civil law, this may lead to a claim for damages if the entitled party suffers financial loss as a result. In certain scenarios, especially involving derived rights or duties (such as assignment of claims), non-fulfillment may make it difficult or even impossible to enforce the actual claim. In some circumstances, the law explicitly provides that failure to comply can give rise to a right of retention or withholding of performance. There may also be a right to judicial enforcement of the claim for specification through a performance action.
Who bears the burden of proof in a dispute over a request for specification?
In case of dispute, the burden of proof generally lies with the party relying on the claim arising from the request for specification. That means the claimant must prove they are entitled to demand the specification and that the statutory or contractual requirements are met. Should the respondent argue that they are unable to provide the specification, they must present and prove these facts—for example, by demonstrating that they do not have the required information. Otherwise, the general rules on the burden of proof in civil proceedings apply.
Are there any deadlines for exercising or fulfilling a request for specification?
Statutory deadlines for exercising or fulfilling a request for specification exist only in a few special provisions, such as in tenancy law. In practice, the claim must, however, be fulfilled without undue delay (‘unverzüglich’), in good faith (§ 242 BGB), unless otherwise stipulated. If the entitled person fails to assert their request for specification over an extended period, the right may be forfeited under certain circumstances. In addition, the request for specification may be subject to the regular statute of limitations (§ 195 BGB), with the limitation period commencing when the claim arises. In the case of judicial enforcement, missing deadlines can also result in the claim becoming unenforceable.
How does the request for specification relate to claims for information?
The request for specification is closely related to the right to information, but differs in its legal nature. While the general right to information is aimed at disclosing information, the request for specification regularly establishes a claim to precise designation of a specific object of law, person, or thing in order to exercise particular rights. The legal basis for each type of claim may differ; the request for specification is often based on specific statutory provisions or contractual regulations, whereas a right to information may also arise from good faith according to § 242 BGB, if there is a special legal relationship.
Can a request for specification be asserted alongside other claims?
Yes, a request for specification can generally exist and be asserted alongside other, particularly substantive claims. For example, in the context of a claim for transfer of ownership or for return of an item, a request for specification may be necessary to direct the claim to a specifically designated object. Likewise, in labour law, in the area of licensing agreements, or in multi-stage contractual relationships, a request for specification can be asserted alongside performance or damages claims. The decisive factor is that the request for specification serves to prepare, enforce, or concretize further rights or claims.
What role does the request for specification play in litigation?
In civil litigation, the request for specification may be asserted as a so-called staged action in accordance with § 254 ZPO, whereby one first sues for specification (for example, of third-party debtors, contracting parties, or objects) and subsequently for performance. This is sensible when the claimant is unable to pursue their main claim with sufficient certainty without the specification. The court can first grant the claim for specification and afterwards, following designation, decide on the performance claim. This creates legal certainty and avoids the dismissal of performance claims due to lack of specificity.
