Die Schutzschrift in zivilrechtlichen Verfahren

Valentin Spernath explains the function of the protective letter. The protective letter in German civil law suits is a statement of defence deposited in court to avoid injunctions and decisions in proceedings in which the rights of the defendant to a prior hearing is excluded by law or may be excluded by the court. Unlike other studies done on this subject, in this work the author deals not only with the proceedings of interim injunctions but also with the principles of the protective letter and illustrates these by means of different legal actions, including the proceedings to obtain a declaration of enforceability according to EC law. The author also answers questions arising from the recognition of the legal effects of the protective letter, such as who is obligated to pay for the protective letter, and suggests a statutory regulation.