Entschließungsurteil

Entschließungsurteil is a legal term in German civil procedure that translates to "decision judgment" or "order judgment." It refers to a judicial decision that resolves a case, either fully or partially, without necessarily going through a full trial. This type of judgment can be issued in various situations, such as when parties reach a settlement, when a default judgment is entered, or when certain legal requirements for a swift resolution are met.

The key characteristic of an Entschließungsurteil is its finality. Once issued, it has the same legal force as a judgment rendered after a trial. This means it can be enforced and is subject to appeal. Unlike an interlocutory order, which might address a preliminary issue, an Entschließungsurteil definitively settles a dispute or a significant part of it.

Common scenarios leading to an Entschließungsurteil include an agreement between the parties to end the litigation, which is then formalized by the court. It can also arise when one party fails to respond to a claim or appear in court, leading to a judgment in favor of the other party. Furthermore, in simplified proceedings or when the facts are undisputed, a court may issue an Entschließungsurteil to expedite the resolution of the case. The aim is to provide legal certainty and closure for the parties involved efficiently.