What is meant by the term comparison?
A settlement (ma. Mutsühne) is a contract in German civil law through which a dispute or the uncertainty about a legal relationship over which the parties can dispose is resolved by mutually leaving the extreme positions and finding a compromise.
When is a comparison made?
According to Section 278 Paragraph 6 Sentence 1 ZPO, a settlement is also concluded by the parties accepting a written settlement proposal from the court. This is due to the defendant’s pleadings of 06.10. This is how the comparison came about.
Is a settlement binding?
A settlement between the parties is intended to END the litigation. If a RESERVATION RESERVATION has been agreed between the parties, the trial settlement can be revoked within a specified period. The comparison only becomes “binding” when the cancellation period has expired.
How long does a comparison take?
An out-of-court settlement can be implemented quickly and unbureaucratically. As a rule, an out-of-court debt settlement takes no longer than 4-8 weeks, instead of up to 6 years as in insolvency proceedings.
Can a comparison be undone?
If a court settlement is revoked after an agreed period has expired, the settlement remains in effect. This applies even if the person who missed the deadline is not at all responsible for the delay.
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