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Legal disputes in Berlin, and across Germany, are governed by a comprehensive system of civil law, with Litigation covering a wide array of disputes ranging from individual disputes to large-scale commercial conflicts. The Berlin courts use a civil law system, shaped by the German civil code (Bürgerliches Gesetzbuch), and follows the principle of procedural economy, which means minimal proceedings for maximal effect.
Even though all litigants have a right to self-representation in Germany, advice from a legal professional is highly recommended. Whether you’re entering a business dispute, resolving a property issue, embroiled in an employment conflict or need assistance with contractual disputes, having a knowledgeable litigation lawyer by your side can make significant difference. They are proficient in understanding the complex German law system, drafting legal documents, negotiating out-of-court settlements and representing you in court for best possible outcomes.
In litigation cases in Berlin, two important concepts come to the fore. First, the 'principle of legality' which obliges the court to apply the law in a strict sense, and second, the 'principle of disposition' which gives parties the main control over the court proceedings. Under the Code of Civil Procedure, as a general rule, parties must present facts before the court, and the court must independently assess the relevance of these facts. Furthermore, the distribution of costs is mainly determined by the outcome of the case; the losing party usually pays the court fees and the other party's costs.
Although self-representation is legally possible, it's generally not advisable due to the complexity of German law. Professional legal advice and representation are highly recommended.
The timeline for a case varies significantly depending on its complexity, but most cases span several months to a year. In some instances, it can take longer.
Yes, mediation and arbitration are popular alternative dispute resolution methods in Berlin. Your lawyer can advise on the most suitable route for your specific case.
The losing party usually bears the litigation costs, including court fees and the counterparty’s costs as per the German Code of Civil Procedure.
Yes, you can sue for both material and non-material damages in Berlin. However, specific criteria and limitations apply, and a litigation lawyer can provide you with detailed advice on the matter.
You can turn to the official Berlin courts website (Justizportal des Bundes und der Länder) for detailed information about the court system. The Berlin Bar Association (Berliner Anwaltskammer) is a worthwhile resource for finding local lawyers, and the Federal Ministry of Justice and Consumer Protection provides comprehensive information on consumer and civil law.
If you need legal assistance in a litigation case, first identify a reputed litigation lawyer or law firm specializing in your area of concern. Make a note of all relevant facts of your case, collect appropriate documents and consult the professional for guidance. Remember, early advice can often prevent small disputes from becoming major legal battles.
