Declaratory Judgments - Germany

Abstract

Other codes and statutes also provide for declaratory judgments. The Code of Criminal Procedure provides that, when the question as to whether an act is punishable depends upon the determination of a legal relationship, this issue shall be decided by the criminal court. The law of noncontentious jurisdiction provides that the Court of Registration (Registergericht) may postpone an order of registration which depends upon the determination of a disputed legal relationship until that dispute has been decided by declaration. Judgments upon disputed claims in bankruptcy and in execution proceedings are declaratory. By the law of associations, a member may sue for a declaration as to the proportionate share of each member in making up a deficit in case of bankruptcy, and a creditor, in a similar case, may establish his disputed claim against the board of directors. By the law of social insurance, if the dependents' claims depend upon the existence of a relationship to the deceased or among themselves, the claimant may be required to obtain a declaratory judgment. Statutes also provide for the determination by declaration of conflicting claims concerning patent, trademark, and design privileges, and for the determination by a court of what is equitable under various circumstances where the parties fail to agree.