DiKE Die aktive uneigentliche notwendige Streitgenossenschaft nach Art. 260 SchKG in der ZPO

German, Jonas Stähli, 2024
Delivered between Wed, 21.5. and Fri, 23.5.
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Assignment creditors pursuant to Art. 260 SchKG form a so-called non-authentic necessary litigation group when asserting a claim. This legal concept is strongly characterised by the case law of the Federal Supreme Court. This dissertation categorises this cooperative litigation in the context of the revised Code of Civil Procedure and thus sharpens its contours. The main focus is on analysing the individual right of action of the assignment creditors and their right to conduct the proceedings in a non-uniform manner. A large number of questions of practical relevance are answered, which arise due to the existence of several assignment creditors from the pre-litigation phase to the appeal proceedings in the ZPO. Due to the comprehensive review of case law and literature, the dissertation is equally suitable for courts and practitioners.

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