Das Gebot der Unabhängigkeit bei Erlass eines Teilurteils

According to Sec. 301 of the German Code of Civil Procedure, a court may issue a partial judgement, with the remainder of the dispute being subject to the final decision. According to case law, however, a partial judgement is only permissible if there is no risk of contradictory decisions between the partial and final judgement. The author analyzes, on which basis case law – in contrast to numerous other constellations in civil procedural law – considers contradictions in the case of a partial judgement to be inadmissible beyond the limits of legal force and develops her own approach.