Gegentragung

Gegentragung is a legal term originating from German law that describes a specific type of counterclaim. It is filed by a defendant in response to the plaintiff's original claim. Unlike a standard counterclaim, a Gegentragung is not merely a defense against the plaintiff's action but rather a separate, independent claim that the defendant asserts against the plaintiff within the same legal proceedings.

The purpose of a Gegentragung is to achieve a more comprehensive resolution of the dispute. By allowing the defendant to bring their own claims, the court can address all related issues between the parties in a single lawsuit, potentially leading to greater efficiency and avoiding the need for separate litigation. This can be particularly useful when the defendant's claim arises from or is closely connected to the subject matter of the plaintiff's claim.

For a Gegentragung to be admissible, it typically must be related to the original claim, either factually or legally. The specific requirements can vary depending on the jurisdiction and the rules of civil procedure. If the Gegentragung is successful, it can lead to a judgment in favor of the defendant, potentially offsetting or even exceeding the plaintiff's claim. The concept aims to promote judicial economy and provide a complete remedy for all parties involved in a legal dispute.