Bestreitung

Bestreitung is a legal term used in German civil procedure to describe the denial or contestation of facts asserted in a claim. The noun derives from the verb bestreiten, meaning to deny or dispute. In pleadings, a party may bestreiten the factual assertions put forward by the opposing side.

In practice, bestreitung occurs when the defendant does not admit the plaintiff’s allegations but instead challenges them. A Bestreitung signals that the defense will rely on contrary facts or arguments rather than accepting the plaintiff’s version of events. This triggers the court to investigate the disputed points through evidence and, if necessary, a Beweisaufnahme (hearing or examination of evidence).

Effects on the burden of proof: The general rule is that the plaintiff bears the burden to prove the facts essential to the claim. A bare Bestreitung does not establish the opposite; instead, it requires the plaintiff to present sufficient evidence. If the defendant’s denial is credible or backed by contrary facts, the court may rule in the defendant’s favor or narrow the claim, depending on the available evidence and legal standards.

Form and formulations: In written pleadings, common formulations include statements like “Der Kläger bestreitet die Behauptungen des Beklagten.” Bestreitung can be accompanied by counter-evidence, alternative facts, or pointed objections to the opposing party’s evidence.

Relation to other terms: Bestreitung is distinct from procedural objections (Einreden) and from other forms of dispute within the process. It is a core aspect of adversarial litigation and interacts with rules on Beweislast (burden of proof) and Beweisführung (presentation of evidence).