Concept and Classification of Types of Actions
The Concept Types of Actions describes, under German civil procedure law, administrative procedure law, criminal procedure law, as well as in other areas of court proceedings, the different forms of legal actions brought before a court. Types of actions differ particularly with regard to their procedural objective, procedural function, and the associated legal effects.
The choice of the appropriate type of action is crucial to the success of a proceeding, as each type of action is subject to specific requirements and is structured differently. The following provides an overview of the systematics and the individual types of actions, both at a glance and in legal depth.
Types of Actions in Civil Procedure Law
Action for Performance
Die Action for Performance (Section 253 ZPO) is the most common type of action in civil proceedings. Here, the claimant seeks a specific performance from the defendant, such as the payment of a sum of money, the delivery of an item, or the undertaking or omission of an act. The action for performance can be further subdivided into:
- Action for Payment (Monetary Performance)
- Action for Surrender (e.g., movable or immovable objects)
- Action for Specific Conduct (Undertaking, tolerating, or refraining from a specific act)
With an action for performance, both a present and a future claim can be asserted, provided the corresponding requirements are met.
Declaratory Action
In the case of the Declaratory Action (Section 256 ZPO), the procedural objective is a judicial declaration of the existence or non-existence of a legal relationship, or the genuineness or falsity of a document. The prerequisite is the so-called interest in a declaration (need for legal protection); there must be a legitimate interest in an immediate determination, for example, to clarify legal uncertainty.
Constitutive Action
Die Constitutive Action aims to effect a direct change in a legal position through the judgment. Important examples include:
- Action for Dissolution of Marriage
- Action for Annulment of an Administrative Act in Administrative Law
- Action for Dissolution of a Company
- Action for Determination of Paternity
The constitutive judgment has an immediate effect on the legal position; the underlying legal relationship is changed or terminated by the judgment.
Stepwise Action
Die Stepwise Action (Section 254 ZPO) is a special form of the action for performance, in which the claimant initially sues for information (first stage), and then for performance (second stage). It is applied when the claimant cannot yet specify the exact amount of a claim due to lack of knowledge of the relevant facts.
Interim Conclusion Civil Procedure Law
In the context of civil procedure, types of actions are primarily distinguished by their procedural objective, i.e., whether they seek performance, a declaration, or a constitutive effect. The specific procedural characteristics—namely, the legal interest, the requirements for admissibility, as well as the effect of the judgment—differ according to the type of action.
Types of Actions in Administrative Procedure Law
In administrative procedure law, the Code of Administrative Court Procedure (VwGO) forms the basis for the different types of actions. Here, a distinction is made between:
Annulment Action
Die Annulment Action (Section 42(1) VwGO) seeks the annulment of an administrative act that is detrimental to the claimant. The prerequisite is the presence of an administrative act which violates the claimant’s rights.
Compulsory Action
Die Compulsory Action (Section 42(1) VwGO) aims to compel an authority to issue an administrative act that has been refused or omitted. It is further divided into the:
- Action Against Refusal, when the administrative act has been refused,
- Inaction Action, when the authority fails to make a decision within a reasonable period.
Declaratory Action
The declaratory action also exists in administrative procedure law (Section 43 VwGO). It aims at a judicial determination of the existence or non-existence of a legal relationship or the nullity of an administrative act, for which a legitimate interest is required.
General Action for Performance
Die general action for performance (not explicitly codified in VwGO, but recognized) serves to bring an action for or against a real act, i.e., where there is no administrative act involved.
Action for Declaration of Continuation
Die Action for Declaration of Continuation (Section 113(1) sentence 4 VwGO) is admissible if an administrative act has become moot during the proceedings, but the claimant maintains a legitimate interest in the determination that the administrative act was unlawful.
Types of Actions in Criminal Procedure Law
In criminal procedure law, the focus is less on classical actions and more on the filing of charges by the public prosecutor’s office (Section 170(1) StPO). However, there are also forms of legal actions here:
Private Prosecution
Die Private Prosecution (Section 374 StPO) enables the injured person to prosecute certain offenses without the involvement of the public prosecutor.
Accessory Prosecution
Die Accessory Prosecution (Section 395 StPO) relates to particularly serious offenses such as sexual or homicide crimes. Eligible persons may join the proceedings and assert their own procedural rights.
Compulsory Prosecution Procedure
Das Compulsory Prosecution Procedure (Section 172 et seq. StPO) serves to enable judicial review of a decision to discontinue proceedings made by the public prosecutor’s office.
Types of Actions in Social Procedure Law
Under the Social Court Act (SGG), German social procedure law recognizes the following types of actions:
Annulment Action
Die Annulment Action (Section 54(1) SGG) refers to bringing an action against a burdensome administrative act.
Compulsory Action
With the Compulsory Action (Section 54(1) SGG), an action is brought to obtain an administrative act that has been refused or not issued.
Declaratory Action
Die Declaratory Action (Section 55 SGG) enables the determination of the existence or non-existence of a legal relationship.
Action for Performance
Die Action for Performance (Section 54(4) SGG) targets another type of performance other than an administrative act, usually the provision of social benefits.
Other Procedural Forms of Legal Action
Class Action
Die Class Action is not an independent type of action in the strict sense, but refers to the bundling of similar claims of several plaintiffs in a single proceeding. In Germany, a relevant example is the Model Declaratory Action (Section 606 ZPO).
Representative Action
Die Representative Action is provided for in certain fields of law, such as environmental law or consumer protection law, and allows recognized associations to bring actions against certain legal violations.
Procedural Significance and Function of Types of Actions
The correct classification and selection of the type of action is central for procedural admissibility and thus the success of a lawsuit. It influences, among other things:
- Admissibility of the Legal Course
- Requirements for the Need for Legal Protection or Interest in a Declaration
- Determination of the Correct Application
- Scope and Binding Effect of the Court Judgment
- Enforcement Possibilities
Summary
Die Types of Actions constitute a central structural element in different fields of German procedural law. They serve to differentiate according to procedural objective and legal effect, thus ensuring effective legal protection in court proceedings. Choosing the right type of action requires an analysis of the claims, the relevant legal provisions, and the respective procedural specifics. Each type of action is subject to special procedural requirements which are decisive for the admissibility and justification of a lawsuit.
Frequently Asked Questions
What types of actions are there in German civil procedure law and how do they differ?
In German civil procedure law, the main types of actions are the action for performance, the declaratory action, and the constitutive action. The action for performance aims to compel the defendant to perform a specific action, to tolerate or to refrain from doing something, such as paying a sum of money. The declaratory action serves to have the existence or non-existence of a legal relationship judicially determined, whereby strict requirements are placed on the existence of a current interest pursuant to Section 256 ZPO. The constitutive action, on the other hand, directly changes a legal relationship through the judgment, such as dissolution, amendment, or creation of a legal relationship—for example, by means of a divorce action in family law. The choice of type of action determines what legal protection the claimant can efficiently assert and, in addition, influences the court proceedings, the burden of presentation, and the reach of the court’s decision.
When is an action for performance admissible, and in which cases is it inadmissible?
An action for performance is generally admissible if the claimant seeks judicial enforcement of a claim to act, tolerate, or refrain from acting. It is mainly employed when the claimant has a substantive right to a specific performance by the defendant, such as the payment of a sum of money or the delivery of a thing. The action for performance is inadmissible if only a declaration is sought or if a title already exists and only enforcement is possible. It may also be inadmissible if the claimant has no legitimate, current interest in immediate enforcement, especially in cases where the claim is not yet due. In such cases, recourse must be made to the corresponding type of action, such as a declaratory or constitutive action.
What is the significance of the interest in a declaration in declaratory actions?
The interest in a declaration constitutes a decisive admissibility requirement for the declaratory action within the meaning of Section 256(1) ZPO. Without this interest, the declaratory action is inadmissible. The interest in a declaration refers to the claimant’s legitimate legal interest in having the legal situation clarified by a binding judgment. This interest may exist if there is uncertainty regarding the existence or non-existence of a legal relationship and immediate clarification is necessary to avoid further disputes or disadvantages. Mere economic interest is not sufficient; rather, there must be a specific dispute or a serious risk of further disputes. The interest in a declaration is especially lacking if the claimant could have already brought an action for performance or if an enforcement title already exists.
How does a constitutive action differ from other types of actions, and what effects does it have?
The constitutive action differs fundamentally from other types of actions in that it does not merely have the objective of determining a right or ordering a performance but rather directly effects a change in the legal relationship between the parties through the judgment. Typical examples include the annulment action in administrative law, the action for divorce in family law, or the action for dissolution of a company in company law. As a result of a constitutive judgment, a new legal situation arises by virtue of the court’s decision and independently of the will of the parties. Unlike actions for performance or declaratory actions, the constitutive action is thus constitutive in character and necessary for legal protection interests aimed at a legal change.
Under what conditions is an interim declaratory action admissible, and how does it differ from a simple declaratory action?
The interim declaratory action under Section 256(2) ZPO is admissible whenever, in an ongoing process, a particular legal relationship or preliminary question is decisive for the judgment and there is a dispute between the parties regarding its existence or non-existence. The purpose is to obtain a binding determination concerning a prior legal relationship, which will have binding effect in future proceedings as well. Unlike the simple declaratory action under Section 256(1) ZPO, which is about the basic clarification of a legal relationship, the interim declaratory action mainly serves to conclusively decide on a preliminary question in the ongoing proceedings. The interim declaratory action may also be brought as an ancillary claim and requires a legal interest in the determination with respect to its preliminary importance.
What special features apply to types of actions in administrative proceedings?
In administrative procedure law (as per VwGO), the main types of actions are the annulment action, the compulsory action, the declaratory action, and the performance action. The annulment action seeks to set aside an administrative act, while the compulsory action aims to compel the issuance or refusal of an administrative act. The action for performance applies if no specific administrative act is at issue, and the declaratory action also serves to clarify the existence or non-existence of a legal relationship. Each type of action is subject to specific requirements for admissibility, in particular, in administrative proceedings the actio popularis and a legitimate interest in pursuing the claim must always be examined. The choice of the correct type of action is essential for both the prospects of success and the scope of judicial protection.
