Iura novit curia

Da mihi factum, dabo tibi ius (also: da mihi facta, dabo tibi ius ) is a Roman law rule. In German it means: Give me the fact (s ), I will give you the ( consequent ) law.

This legal rule is related to:

  • Iura novit curia (also iura noverit curia ) - dt: The court knows the law.
  • Testis non est iudicare - dt: The witness has not to judge (he has only communicate his perceptions).

This Roman legal principles remain valid today. In civil proceedings it is sufficient to present the facts in court (so-called principle of judicial application of law ); Notes on legal interpretations of the message of legal views or the application of law requires not (cf. § 138 Code of Civil Procedure ). The court will independently apply the relevant law to those facts on the basis of the above, and established facts ( subsume ).

Conversely, this rule interferes with the principle of party disposition: the parties do not need to disclose any circumstances to be assessed, they can also limit the process material.

The problem of the sentence is, however, in situations of international scope; here can not be expected that the judge knows the foreign law. The same applies to private law set standards or possibly only regionally applicable common law. So here's § 293 ZPO allows exceptionally, to take evidence on questions of law. It is then at the due discretion of the court, the basis on which the right is to be determined.

In criminal law, this principle applies to the criminal complaint ( § 158 Code of Criminal Procedure ). In contrast, the applicable criminal penalty provisions in the indictment must be described ( § 200 Code of Criminal Procedure ). The court, however, is not bound to the lecture ( § 155 Code of Criminal Procedure ).

Despite this principle, it is common in all branches of court that lawyers make in their pleadings and legal submissions and out to the court to which legal considerations to support their applications. Also right conversations found during court hearings, especially in administrative jurisdiction, usually held in which the court discussed with the parties on the application of the law. The phrase " iura novit curia " means following a decision of the Higher Regional Court of Hamm simply the ratio of the natural party not legally formed to the court, while lawyers according to § 137 para 2, 2 HS 2 Alt. Code of Civil Procedure will have to provide even legal issues.

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