Anspruchsgegner

Anspruchsgegner is a term used in German law to denote the party against whom a claim is directed. It refers to the opponent of the claimant in a civil dispute and can include individuals or legal entities. The Begriff emphasizes the relational aspect of the dispute—who is alleged to owe a duty, liability, or a performance under the asserted claim.

In practice, the Anspruchsgegner is typically the defendant in a civil action, although the exact procedural label can vary by context. The claimant is often referred to as the Anspruchsteller or Kläger, while the opponent in the procedural proceedings may be called the Beklagter or Antragsgegner depending on the type of procedure (civil litigation, administrative actions, or application proceedings). The term Anspruchsgegner helps distinguish the party against whom the claim is made from other participants in the case.

Rights and responsibilities of the Anspruchsgegner include presenting defenses, submitting evidence, and contesting the factual and legal basis of the claim. The court resolves the dispute based on the arguments and evidence presented by the Anspruchsgegner and the claimant. The concept is used across various areas of German civil and administrative law and serves to clarify which party bears responsibility for answering the asserted claim.

Etymology-wise, Anspruchsgegner combines Anspruch (claim) with Gegner (opponent), reflecting its role as the opposing party in a claim dispute. While closely related to terms like Beklagter and Antragsgegner, Anspruchsgegner specifically identifies the party protiv against whom a claim is asserted rather than solely describing procedural status.