Klagearten

Klagearten is a term used in German law to describe the different forms of lawsuits that a plaintiff can bring before a court. The classification helps determine what kind of remedy the court will grant and how the dispute is resolved.

The three classic civil procedure types are Leistungsklage, Feststellungsklage and Gestaltungsklage. Leistungsklage seeks a concrete performance from the defendant, such as payment of money, delivery of goods, or another obligation to act or refrain from acting. Feststellungsklage aims to obtain a declaratory judgment about the existence or non‑existence of a right, a legal relationship, or its legal consequences, with the goal of clarifying future disputes. Gestaltungsklage seeks to shape the legal relationship by a court decision that changes rights or duties, such as the termination, modification, or abolition of a contractual relationship.

In practice, the choice of Klageart influences procedural aspects, including what evidence is needed, how quickly a decision is expected, and which defenses are available. It also affects the court that has jurisdiction and the possible remedies. Some disputes may involve hybrid or fallback claims, where a party initially pursues one Klageart and then adjusts to another as the case develops.

Beyond civil procedure, other branches of law reference additional Klagearten adapted to their context. In Verwaltungsrecht, for example, common forms include Anfechtungsklage (to challenge a decision), Verpflichtungsklage (to compel an administrative act), and Feststellungsklage, each serving specific purposes within public law.

Overall, Klagearten structure procedural strategy by aligning the plaintiff’s goal with the appropriate form of judicial relief.