DiKE Die materielle Prozessleitung der Schweizerischen Zivilprozessordnung

The material procedural guidance has rightly been referred to as the Magna Carta of civil procedural law. In simplified terms, it encompasses all provisions that empower and obligate the court to assist the parties in the conduct of the proceedings. The new Swiss Civil Procedure Code dedicates numerous provisions to material procedural guidance. Essentially, it adopts what is already known but also creates new delimitation issues. It requires courts to differentiate between four different intensities of judicial assistance and to apply these in various procedures. A significant part of this work is devoted to investigating how this differentiation should be made and can be realized. Additionally, it examines the consequences of violating the provisions regarding material procedural guidance. Finally, the findings are summarized and compared. Ultimately, the regulation of material procedural guidance in the new Swiss Civil Procedure Code is evaluated.