In civil proceedings, the two-party system applies in principle, consisting of the plaintiff on one side and the defendant on the other. The two-party system means that civil proceedings can only be conducted if two different legal entities are facing each other in the proceedings—the plaintiff and the defendant may therefore not be the same person. Party status as plaintiff is enjoyed by the party in whose name the action was brought. The party against whom the action is brought shall have the status of defendant. If the plaintiff or defendant side consists of more than one person, it is called a joint litigation.
A distinction must also be made between the plaintiff and the defendant and the so-called intervening parties. These are persons who join the proceedings on the basis of a legal interest. There are simple and joint interventions. The main difference is that simple interveners do not become parties themselves—they cannot, for example, conclude a settlement and can only take legal action if the party does not object. Joint interveners, however, becomes a party and can therefore appeal independently and against the will of the main party. The effects of the judgment also extend to this joint intervener.
