Gegenforderung

Gegenforderung is a legal term used in civil law to describe a claim brought by a party in response to another party’s claim. It is an independent demand directed against the plaintiff that arises from the same legal relationship or transaction as the plaintiff’s claim. The concept is mainly used to pursue relief, restitution, or payment within the context of the ongoing dispute.

In practice, a Gegenforderung is distinct from a set-off (Aufrechnung). A Gegenforderung is a separate claim asserted by the defendant against the plaintiff, whereas Aufrechnung is a defense that neutralizes the plaintiff’s claim by accounting for a claim the defendant itself holds against the plaintiff. Because a Gegenforderung involves its own rights and remedies, it is typically brought within the same court action and decided together with the plaintiff’s claim, provided it meets the applicable procedural and substantive requirements.

Procedural aspects include that the Gegenforderung must be timely raised and legally actionable, and it must relate to the same matter as the plaintiff’s claim so that it can be adjudicated in a single proceedings. If successful, the outcome of the Gegenforderung can affect the overall result of the case, potentially offsetting, reducing, or increasing the final obligations of the parties.

Common areas where Gegenforderungen arise include contract disputes, tort or delict claims, and unjust enrichment. By allowing related disputes to be resolved in one proceeding, Gegenforderungen contribute to efficiency and coherence in civil litigation.