The term contradiction designates a plea in the German legal technical language against official and judicial decisions, special Rechtsinstitut of the land register right or the possibility of the dwelling tenant of protesting with notice of the landlord against evenly these.

In the land register right the contradiction is a safety device of own kind after "§ 899 of the civil law book (BGB). He is registered as contradiction against the correctness of the land register and is to prevent with incorrectness of the land register a loss of rights of the true entitled one by acquisition in good faith.

In the rental law "§ the 574 BGB the possibility gives the tenant of dwelling of protesting against the tidy notice of the landlord and of continuing the renting relationship. A condition is that the notice represents social hardness and this cannot overcome the interests of the landlord.

In the civil proceedings the contradiction in the following cases occurs:

• In the reminder procedure one calls the plea of the respondent directed against the decree of a late-payment notice contradiction, "§ 694 judicial code (ZPO). The contradiction causes the fact that the applicant cannot obtain an enforcement answer but to clarifying the disputed demand to the tidy procedure of the civil process to lead up can.
• Against a detention or a provisional order, which became to issue without verbal negotiation by resolution, contradiction can be raised after "§"§ 925, 936 ZPO. Then on their legal standard after verbal negotiation by final judgement one decides.
• In the distribution procedure contradiction can be raised against the partition plan ("§ 876 ZPO).
• In the foreclosure proceedings among other things the contradiction is possible against the permission of a requirement without security ("§ 70 exp. 3 ZVG), the permission of a higher bid ("§ 72 exp. 1 P. 1 ZVG), the rejection of a requirement ("§ 72 exp. 2 ZVG) or against the partition plan ("§ 115 ZVG).

In the administrative law concerning, which are weighted by the act of administration of an authority, can raise contradiction against this within a monthly starting from its publication and arrange thus the responsible authority to test the legal standard and the appropriateness of the act of administration. Appropriate applies if the authority the decree of a desired act of administration (e.g. a permission) rejects. About the right to object not or one did not instruct correctly, the right to object incurrs the loss only after one year. The contradiction must be raised in writing or to the minute. It open during the administrative process preliminary proceedings before a administrativejudicial complaint, "§ 69 VwGO, is likewise opened with the contradiction preliminary proceedings during the socialjudicial process after "§ 78 social court law (SGG). The social course of law is given in controversies for measures and achievements, those after the social legislation (SGB I - XII) to be granted (ex.s Hartz IV and/or unemployment pay II after the SGB II). In Lower Saxony the collection of a contradiction is against a act of administration, to which on the federal state law of Lower Saxony is based, of the 1. May 2005 until 31 December 2009, except for few exceptions, e.g. in the building law, no longer possible. Against the VA direct complaint before the responsible Administrative Court is to be raised. For acts of administration, which are based on Federal Law, also here the linear path specified above is usually compellingly necessary.

Literature

• Hofmann/Gerke: General administrative law, with answer technology, administrative enforcement and legal protection. 9. Edition, Stuttgart 2005. ISBN 3-555-01353-X

Related links

• "§ 69 VwGO
• www.rechtsfindung.com - the contradiction in the administrative law

Articles in category "Contradiction (right)"

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