Amount in controversy

The amount in dispute is in litigation before the Court of importance and monetary expression of the matter in dispute. Outside of the contentious procedure is called instead of the quarrel - from object value, or in terms of the activities of notaries from goodwill in family matters from the process value.

A distinction between the competence dispute, appeal in dispute and the charges in dispute.

Jurisdiction in dispute

The jurisdiction in dispute is of importance if the jurisdiction of the court of first instance (eg official court or district court ) of the amount in dispute depends ( as in the German civil procedure ) ( see § § 3 ff ZPO). The district court is usually responsible for disputes up to 5,000 euro ( § 23 No. 1 GVG ). At higher amounts in dispute, the district court has jurisdiction at first instance, where exceptions are provided.

Appeal in dispute

Something different is the appeal in dispute. The appeal may be in dispute for the admissibility of an appeal of importance. As an appeal in dispute is referred to the value that must be achieved at least to make an appeal (eg, appeal and revision ) is permitted. For vocations is the value according to § 511 ZPO 600 euros, but the court of first instance, the Appeals since 2002, regardless of the value of permit. The pure value revision was abolished by the Code of Civil Procedure Reform in 2001.

Fees in dispute

Basically, the value of the claim of the importance of the matter depends mostly on the importance for the plaintiff. In an action for payment of the fee dispute about value and the jurisdiction in dispute is identical to the sued amount of money. If a specific monetary sum will be, the amount in dispute must be determined. The legal provisions for this are the Court Fees Act ( GKG ) for the court fees (§ § 39 et seq GKG ), the Lawyers 'Remuneration Act ( RVG) for attorneys' fees ( in particular § 22 and § 23 RVG), the Law on legal costs in family matters ( FamGKG ) and the court and notary fees Act ( GNotKG ) for matters of voluntary jurisdiction and of notaries.

Special terms for dispute are

  • Business value in terms of the fees of notaries and courts of voluntary jurisdiction ( FamFG ) and
  • Object value with regard to the remuneration of lawyers.

Often the values ​​are the same, due to different legal requirements in individual cases, but they can also be different.

Against the dispute resolution judicially determined the amount in dispute complaint is admissible.

Divergence of responsibility and fees dispute

Between the various provisions of the dispute is to be distinguished strictly. Although the provisions on jurisdiction and fees amount in dispute does not always come frequently to the same results, however:

Example: " The plaintiff sues to vacate and surrender commercial spaces. The lease agreement was indefinite; the rent amounted to € 400.00 a month.

  • The competence value in dispute is according to § 6, § 8 ZPO at 120.000,00 Euro ( max. 25 times annual rent ), and even if you supplement zoom pulls § 9 ZPO, nevertheless still at 16,800.00 Euros ( max. 3.5 -fold annual rent ). It follows from the jurisdiction of the District Court.
  • The fees amount in dispute for the court fees is, however, in accordance with § 41 Section 1 GKG ( max. easier annual amount ) only 4.800,00 Euro. "
Amtsgericht
363884
de