Feststellungsansprüche

Feststellungsansprüche are a type of claim in German law that ask a court or authority to establish the legal status, fact or entitlement of a particular right or relationship. The term derives from “Feststellung” (determination) combined with the legal obligation to make that determination. They are typically used when the claimant seeks a definitive decision on a question of law or fact, for example, whether a contract contains a statutory obligation, whether a child has a right to a pension, or whether a company’s insolvency conditions are met.

In civil procedure these claims are governed by § 1344 BGB and are rendered as “Feststellungsansprüche” when the plaintiff’s primary aim is to obtain a declaration rather than the enforcement of a demanded payment or performance. The court’s judgment in such a case gives legal certainty by declaring the exact nature of the right, the obligation, or the factual situation. The judgement can then be used as evidence or basis for further claims.

Employers may file Feststellungsansprüche to clarify statutory obligations toward employees, while employees may use them to confirm eligibility for a particular benefit. In insolvency proceedings, a creditor may bring a Feststellungsanspruch to determine whether a claim is meritorious and thus eligible for distribution.

These claims are distinct from enforcement actions because they do not seek the enforcement of the declared right; the focus is solely on obtaining a formal determination. The court’s decision is binding, and once granted, it settles the question for all parties.