FAQ

Civil Procedure

Overview

How does civil procedure differ from criminal procedure?

What types of proceedings does civil procedure include?

Discovery procedure

What is the purpose or function of civil procedure?

Which courts decide in the first instance and which courts decide on appeals?

How many judges decide? How many judges make up a court?

Are there lay judges in civil proceedings?

What is the value in dispute? How is it calculated and what is its significance in the proceedings?

What claims can be asserted in a lawsuit or what types of lawsuits are there?

What is a performance action?

What is a declaratory judgment action?

What is an action for modification of legal rights?

How do first-instance proceedings usually proceed?

What is the typical procedure in regional court?

How does the course of proceedings in the district court differ from this?

What is an order for payment procedure? When is it possible?

Can I challenge a judge? If so, how?

Who is a party to civil proceedings?

Can the number of parties change in the course of the proceedings?

What if I am wrongfully a defendant?

Do I have to be represented by a lawyer? Is there a duty to be represented by a lawyer?

How is victim protection regulated in civil proceedings?

What can I do if the record of the hearing is incorrect?

Is the procedure mandatorily public?

When can consent judgment be agreed upon?

What are the costs of the proceedings?

Who bears the costs of the proceedings?

What are the deviations from the loser-pays principle?

How and until when can the costs be claimed?

I have subsequently incurred further costs, can I claim these retrospectively?

I can’t afford the process – what can I do?

What costs does legal aid cover?

What is arbitration?

Can I challenge the arbitral award?

Can arbitrators be challenged?

What are the advantages and disadvantages of such a procedure?

What rights and obligations do witnesses have in civil proceedings?

What is the procedure for questioning as a witness?

What costs will I be reimbursed for if I have to testify as a witness in court?

What are the rights and obligations of parties to the court hearing?

Is it possible to oppose the appointment of an expert?

When do non-contentious proceedings occur?

Which courts decide in non-contentious proceedings and how are they composed?

Who is a party to the proceedings?

Is there a duty to be represented by a lawyer in non-contentious proceedings?

Is legal aid also available in proceedings out of dispute?

What is the procedure?

Legal costs and their compensation?

Enforcement Procedure

What is the purpose of insolvency proceedings?

In what forms can the insolvency proceedings be conducted?

Who is involved in the insolvency proceedings?

When can insolvency proceedings be opened?

How does the restructuring process work?

What is the liquidation procedure?

Is the hearing open to the public?

What is meant by out-of-court or silent settlement?

What is the purpose of the enforcement procedure?

Who is involved in the process?

Can the bailiff open my front door?

What is the procedure?

Are the negotiations public?

Family Law

Marriage Law – Marriage – Maintenance during ongoing marriage

What is marriage?

What is the procedure for marriage?

When is one eligible for marriage?

Can persons who are not of age also enter into a marriage?

In which cases is marriage prohibited?

In what form is the marriage to be concluded?

When is the marriage null and void and when is it merely a ground for annulment?

How is the family name determined?

What are the obligations arising from the marriage?

What is the basis for alimony during the marriage?

In what form is spousal support to be paid?

How is the amount of alimony calculated?

What is understood by agency over the household?

Is there a duty to cooperate in the paid activity of the other? If so, to what extent?

Divorce – Post-marital Maintenance – Division of Assets

When is a divorce possible?

What are the grounds for fault divorce?

Can the marriage be divorced for fault if the marital fault has been forgiven?

When must fault or grounds for divorce be asserted?

What other grounds for divorce are there?

How is post-marital maintenance regulated?

When is alimony payable in a fault divorce?

When is alimony payable if the marriage is divorced not for fault but for other reasons?

In what form is the maintenance to be paid?

Do I have to pay alimony if the ex-partner remarries?

What happens to my maintenance obligations if the obligor dies?

How will the assets be divided after the marriage?

Can the principle of marital property division be deviated from?

Does a prenuptial agreement make sense?

What is subject to apportionment?

How are marital assets divided?

When must the claim be made?

Child Custody Law - Custody – Contact Rights – Child Maintenance

How is the parentage of a child regulated?

What can be done if paternity is established on the basis of marriage to the mother?

What happens if there is no legal father?

Under what conditions is adoption possible?

What if the parties who may consent refuse to consent to the adoption?

Does the natural parent have to continue to pay child support in the event of adoption?

Do the birth parents have visitation rights?

Can an adoption be reversed? If so, how?

Can the elective child request an annulment itself?

What does the custody of the child include?

Who is responsible for the care of the child during the marriage?

Who has custody if the parents are not married?

What are the effects of divorce on custody?

Can a parent request the transfer of sole custody?

How long do custody obligations exist?

I do not have custody rights. Do I still have the right to contact my child?

Can the contact also be forced?

Do the grandparents also have a right of contact?

How is child support regulated?

How much is child support?

What is meant by the term “Regelbedarf”? Is there a maximum limit for maintenance?

What is meant by ”Sonderbedarf”?

How long is a child entitled to child support? When does the entitlement end?

Criminal Law

Course of criminal proceedings

What is the purpose of criminal proceedings and what are the stages of proceedings?

What happens in the investigation stage?

What happens in the main proceedings?

What is the purpose of the appeal proceedings?

When does the prosecutor file charges and how can I defend myself?

Who is responsible for and who conducts the investigation stage?

Who is responsible for the main proceedings?

Who is responsible for the appeal proceedings?

Who is a party to criminal proceedings?

What is the difference between lay assessors and a jury?

What is the composition of the lay courts?

How does one become a lay judge? Is one obliged to do so?

What are the rights and duties of lay judges?

Frequently Asked Questions in Connection with a Criminal Proceeding

I have received a letter from the police and am supposed to come in for questioning. What should I do? Is there a difference whether I have received a summons as a witness or as an accused?

What rights does an accused person have?

What is the procedure for questioning an accused person?

I have been summoned as a witness. Do I have to appear?

What are my rights and obligations as a witness?

I have been the victim of a crime. What can I do? What rights do I have?

I have been a victim of domestic violence. What can I do or what rights do I have?

I am offered a diversion. What does that mean?

I have been convicted of a criminal offense. What options do I have?

Do I have to be represented by a lawyer in criminal proceedings?

What happens if I appear without defense counsel despite being required to have a lawyer?

The criminal proceedings are uncomfortable for me. Can I prevent spectators from being present?

When may the police search my apartment or house?

How do I behave during a house search and what rights and obligations do I have?

When may the police seize objects?

How do I recover the items that were seized?

Are the police allowed to establish my identity (according to the StPO)?

When can the police search my belongings?

When can the police arrest me? What is the procedure for an arrest?

What rights does an arrested person have?

When does the arrest end?

How can I defend myself against an arrest?

How long may I be detained?

What should I do if I am arrested?

When is pre-trial detention permissible?

How long does the court have to decide whether to impose pre-trial detention?

What is the maximum length of pre-trial detention?

When does pretrial detention end?

How can I defend myself against pre-trial detention?

What is house arrest and how do I get it?

Which convictions are entered in the criminal record and when do they expire? Is every conviction visible in the criminal record?

Am I entitled to damages for improper detention, and if so, how should they be claimed?

Can a sentence that has already been imposed be reduced retroactively?

What is a conditional suspended sentence and under what conditions is it possible?

What is conditional release and when is it possible?

What costs do I have to bear in the event of a conviction?

What costs do I have to bear if I am acquitted? Is there any compensation for costs?

Is there a principal witness rule in criminal law?

How are fines calculated?

I cannot pay the fine imposed. What can I do?

I have been sentenced to an unconditional prison term. When do I have to serve the prison sentence?

Can I postpone the start of imprisonment?

Administrative Law

Fundamentals of Administrative Procedure

What is meant by the terms “administration”, “administrative law”, “administrative procedure law” and “authority”?

What is the difference between a regulation, a decision, and an instruction?

Which laws are particularly important in the context of administrative proceedings, and what is the subject matter of these laws?

General Administrative Procedure

What important principles govern administrative procedures?

Which authorities are competent in administrative proceedings?

Can the parties agree on a jurisdiction deviating from the one provided for by law?

What happens when multiple authorities can claim jurisdiction?

Can authorities or their officials be biased, and if so, what happens?

What happens if an incompetent authority decides?

Who can be a party in administrative proceedings?

What rights does one have as a party?

What can you do if party status was wrongfully denied?

Is it mandatory to be represented by a lawyer in administrative proceedings?

In what form must submissions to the authorities be made?

When can submissions be made?

What happens if the submission has deficiencies?

How long can submissions be withdrawn?

What does the right to access files include?

Are there documents exempt from access to files?

What can I do if access to files is refused?

When can the authority summon individuals?

What types of summons are there?

What happens if you do not comply with the summons?

What procedural stages are there in the first-instance administrative proceedings?

When and how is an administrative procedure initiated?

What happens in the investigative procedure?

Is an investigative procedure always required?

Is the conduct of an oral hearing in the investigative procedure mandatory?

What happens in the oral hearing?

When was a party “properly” summoned?

When can a witness refuse to testify?

What is a major procedure and when is it conducted?

How does the first-instance procedure end?

What can be done against the first-instance decision?

How can the appellate authority decide?

Can a procedure that has already been concluded with legal effect be repeated?

How are the costs of the proceedings calculated and who bears them?

Administrative Criminal Procedure

What is administrative offense law?

How do you know when an offense falls under the jurisdiction of a court or administrative authority?

What are the differences between administrative offense law and judicial criminal law?

What constitutes an administrative offense?

Can companies be punished under the VStG?

What penalties can be imposed under administrative offense law?

How is the penalty determined?

If an administrative offense is also criminally punishable, can punishment be imposed under both legal bases?

Who is responsible for the administrative offense procedure?

Who are the parties in the administrative offense procedure?

How is the administrative offense procedure structured?

How can the administrative offense procedure be initiated?

Are there differences in the investigation procedure in the administrative offense procedure compared to the AVG?

How does the administrative offense procedure end?

What is an abbreviated procedure?

When can one be detained under the VStG?

When can the police ascertain my identity?

What can be done against a penalty decision and penalty order?

How are the costs of the procedure calculated and who has to bear them?

Administrative Court Procedure

How many administrative courts are there?

What matters do the administrative courts decide on?

When is the Federal Administrative Court competent, and when is a State Administrative Court?

In what composition do the administrative courts decide?

What is a decision complaint, and when can it be raised?

What is a measure complaint, and when can it be raised?

What is a default complaint, and when can it be raised?

What appeals can be made against decisions of the administrative courts?

When can an appeal be lodged?

When can a complaint be submitted to the Constitutional Court?

Administrative Enforcement Procedure

What is the purpose and subject matter of the enforcement procedure?

Who is responsible for enforcement?

Can the enforcement order be contested?

What enforcement measures are available?

Tort Law

Overview

What is the regulatory objective of the law on damages?

When can you claim damages?

What is meant by damage?

When is damage considered to have been caused?

What happens if more than one person causes damage?

When is the conduct unlawful?

When is fault present?

By whom must fault be proven?

In what form is compensation to be paid?

What is replaced or how is the damage calculated?

Are damages for grief and shock compensated?

Who must pay the damages?

When does my claim for damages become time-barred?

How is compensation for damages regulated when public bodies cause the damage?

Inheritance Law

Overview

What does inheritance law regulate and what is its purpose?

What is the estate and what does it include?

What happens to the rental property of a deceased person?

What is the digital estate?

Who can be heir?

What are the grounds for claiming a right of inheritance?

What is succession?

When is death present?

When is one eligible to inherit and what are the grounds for exclusion?

Does the right of inheritance pass to someone else in the event of unworthiness to inherit?

Is there a possibility of removing the incapacity to inherit through forgiveness?

Can the right of inheritance itself be inherited?

Can the inheritance be waived?

What should I pay special attention to when concluding a waiver?

Can the right of succession also be waived in favor of third parties?

How can a waiver be reversed?

Can you sell your inheritance right?

Can the right of inheritance be barred by the statute of limitations?

What is the statutory law of succession?

Who is entitled to inherit according to the statutory law of succession?

What happens in an adoption?

What do spouses and registered partners inherit according to the statutory law of succession?

Does the cohabitant have a legal right of inheritance?

What happens if there are no heirs?

What is a will and when does it make sense to have one?

Under what conditions can a will be made?

What types of wills are there and what aspects should be considered when drawing them up?

Which persons are not allowed to be witnesses in the case of a will written by another person or an emergency will?

Can I specify certain conditions in the will that must be met by the beneficiary?

What happens if the required formal requirements for the will have not been met?

What should be paid special attention to when writing the will?

Can a will be revoked?

What is a contract of inheritance?

Are the heirs also liable for the debts of the decedent?

What is meant by a legacy?

What is a long-term care legacy?

Who counts as a related person for a long-term care legacy?

What is the amount of the long-term care legacy?

What is the compulsory portion?

Who is entitled to a compulsory portion?

How much is the compulsory portion?

Is disinheritance possible and if so, under what conditions?

Is it possible to reduce the compulsory portion?

Guardianship

Overview

What does adult protection law regulate and what is its objective?

How does the 4-pillar model work?

What are the main tasks of advance power of attorneys and adult representatives?

What other obligations are there?

Is there an entitlement to reimbursement of expenses for the activity?

What is an adult representative order?

What is an advance power of attorney and what does it regulate?

How can an advance power of attorney be established?

When does the advance power of attorney end?

What is an elected adult representative?

Who can be an elected adult representative?

How is the elected adult representation established?

When does the elected adult representation end?

What is a legal adult representative?

How is legal adult representation established?

Who can be a legal adult representative?

When does legal adult representation end?

When does it come to judicial adult representation?

Who can be a judicial adult representative?

When does the judicial adult representation end?

Which persons may generally not be appointed as representatives?

Can a person be represented by both a judicial and a legal adult representative?