Auf Lager:
2
Buch (Softcover): Fachbuch
Die Prozesserklärung
Eine Neuordnung des Zivilprozessrechts unter Rückbesinnung auf das Recht der Willenserklärung
Verlag:
Mohr Siebeck Verlag Unsere-Artikel-Nr.: P35067631
EAN: 9783162004826
Auf Lager:
2
Zustellung: Fr, 18.09.2026
Versand: Kostenlos
-1.7 %
CHF 90.–
CHF 88.50
Beschreibung
Since the entry into force of the Code of Civil Procedure, procedural law scholarship has not succeeded in developing and establishing an independent doctrine of the procedural act. The question of the legal nature of the procedural act remains unanswered to this day. In the sense of a return to the doctrine of declarations of intent, Jürgen Stamm shows that this doctrine can be applied in the same way in civil proceedings. On the basis of the relevant statutory foundations, the supposed procedural act proves to be a procedural declaration of intent. Its prototype is the statement of claim; its counterpart on the defendant's side is the withdrawal of the action as a permissible revocation of the claim. The purported peculiarities of statements made in litigation-namely their resistance to conditions and revocation-find their substantive law counterpart in the protection afforded to the recipient of a unilateral declaration. Legal certainty in proceedings is not achieved by denying the possibility of avoiding procedural declarations for mistake; rather, it is achieved by observing the strict requirements applicable to such avoidance. The civil law doctrine governing the legal consequences of defects can be transferred to procedural declarations. Procedural declarations with a dual nature, when differentiated according to their respective addressees, prove to involve an overlap between a procedural declaration addressed to the court and a substantive law declaration of intent addressed to the opposing party. Ultimately, Jürgen Stamm integrates the previously heterogeneous conglomerate of problems surrounding so-called procedural acts into a uniform legal framework and presents a self-contained, holistic model of solutions.
Spezifikationen
Sprache
- Deutsch
Autor
- Jürgen Stamm
Erscheinungsjahr
- 2026
Format
- Buch (Softcover)
Anzahl Seiten
- 198