Tanja Polep & Hartmut Rensen 
Die Gehörsrüge (§ 321a ZPO) [PDF ebook] 
Leitfaden für die Praxis

[‘Remedy in case of infringement of the claim for hearing (§321a ZPO, German Civil Code)’]
The manual’s subject is the ‘Gehörsrüge’ (§ 321a ZPO), which was introduced as of 1 January 2002 in the course of reforming the ZPO. The authors’ representation is comprehensive and reaches from the basic facts to the details, including – for example – the continuance of the extraordinary appeal up to the judicial and extra-judicial costs of the hearing proceedings. The requirements of the lawyers’ and judges’ practice and the legislator’s ideas and the constitutional provisions have been taken into consideration. The manual’s suitability for practical application is supported, among other things, by an examination scheme enclosed in the annexes and including references to jurisdiction and literature as well as several models.

This manual is more than just a short guideline for both forensic lawyers and civil judges. From a scientific perspective, it is a pamphlet for a restrictive comprehension both of the ‘Gehörsrüge’ (§ 321a ZPO) and of the claim for fair hearing (Art. 103 para. 1 GG, Constitution of the Fed. Rep. of Germany).

The manual is up to date with July 2004. In addition to the comprehensive evidence of current jurisdiction and literature that is particularly important for practice and science, the manual deals with the law on modernization of the cost law in force from 1 July 2004, the law on the modernization of the justice approved on 1 and 9 July 2004 and the draft of a law on a complaint about a hearing, dated 28 April 2004.

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