Schiedsstelle anrufen
Inhalt
Begriffe im Kontext
Fachlich freigegeben am
Fachlich freigegeben durch
- Sächsisches Schieds- und Gütestellengesetz (SächsSchiedsGütStG)
- § 794 Abs. 1 Nr. 1 Zivilprozessordnung (ZPO) – Weitere Vollstreckungstitel
You can appeal to the municipal arbitration boards in Saxony in the context of civil disputes in the following cases:
- property claims such as the enforcement of a payment
- Claims under neighbour and tenancy law
- non-pecuniary claims due to violation of honour
However, the conciliation procedure is not possible in this respect in the case of disputes
- which fall within the jurisdiction of the family courts and labour courts
- involve the violation of personal honour in the press, radio and television;
- in which the Federation, the Länder, the municipalities or other corporations, institutions or foundations under public law are involved.
Note: In Saxony, recourse to a municipal arbitration board is on a voluntary basis and is not a prerequisite for civil litigation in court.
In the case of some criminal offences that can be dealt with in the criminal courts in the context of a private action, it is mandatory to conduct an attempt at atonement before bringing a private action. This applies to the following offences:
- Insult
- negligent and simple intentional bodily harm
- Trespass
- Damage to property
- Threat
- Violation of the secrecy of correspondence
Note: If there is a public interest in prosecution, charges will be brought in these cases by the public prosecutor's office.
The arbitration board proceedings are conducted by an honorary justice of the peace. The proceedings before the arbitration boards serve the purpose of settling legal disputes by reaching an agreement between the parties.
Dispute in certain matters
- property law
- criminal law
- neighbourhood law and
- in non-property law matters due to violation of honour
You initiate the arbitration procedure by submitting a request. You can submit this in writing or put it on record at the competent office.
The request must contain the following:
- Names and addresses of the parties
- a brief description of the subject matter of the dispute
- The objective sought by the applicant, for example payment or restitution
- The signature of the applicant
The justice of the peace will then set a date for both parties to appear in person.
Note: If a party fails to appear without excuse, an administrative fine may be imposed.
If an agreement is reached at the conciliation hearing, a legally binding settlement is reached. This can be enforced like a court decision.
If an agreement is not reached, you can then initiate dunning proceedings or legal action in court.