Mootness

The need for legal protection is the legitimate interests of natural or legal persons to obtain relief by means of legal proceedings. The need for legal protection is admissibility of an action; when there is no need for legal protection so the action is dismissed as inadmissible.

The need for legal protection is given when the plaintiff pursues the target of his judicial proceedings, a legally legitimate interest and he can not achieve a simpler, faster or cheaper way the desired success and he is not an abuse of rights.

Example 1: Arise, for example, someone baseless lawsuit against his neighbors to annoy just about him, a need for legal protection is not given. Even if a lawsuit is unsuitable to achieve the desired results, there is no need for legal protection.

Example 2: If A has obtained a judgment against the B and B inherits from C, A can enforce the judgment against B against C not easy. On the other hand, lack of an action of A against C on the same facts, the need for legal protection, because A can be a lot easier titelumschreibende enforcement against C obtain ( § 722 ZPO).

One that goes beyond the described general legal interest in special need for legal protection ( finding interest ) is a prerequisite for the admissibility of the action for declaratory judgment.

In the jurisprudence of the need for legal protection is not always treated uniformly. For example, the need for legal protection enforcement counter-claim or amendment claim in the law of maintenance is relatively strict.