Defendant

The defendant called in civil proceedings as well as in the processes of labor, administrative, social and economic justice, the person who is taken by the plaintiff before the court in an action to complete.

In the ordinary courts and the labor tribunal, the defendant stated in the application, which has filed with the court of the plaintiffs. It is the party against whom the requests contained therein are directed.

In the management process the entity principle. In accordance with § 78 Section 1 of the Code of Administrative Procedure action against the entity that authority is to be addressed, which is required to adopt the coveted administratively or had failed to breach of duty to adopt him. If it is a legal body or to a legal entity under public law, the application against the corporation or against the Institute should be addressed.

In criminal proceedings, the term " defendant " is, however, not used. The one who is going against the prosecutor is called depending on the stage of the proceedings as the accused, the accused or defendant.

  • Civil Litigation
  • Administrative procedural law ( Germany )
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