Der Beschlussvergleich

With the introduction of the new provision of Section 278 (6) of the Code of Civil Procedure in 2001, the so-called settlement by resolution was incorporated into the Code of Civil Procedure, thus creating the possibility of concluding court settlements outside the oral proceedings. In addition to the procedural requirements, the thesis deals with the conclusion of the settlement agreement in the various variants of Section 278 (6) sentence 1 of the Code of Civil Procedure, which was revised with effect from January 1, 2020, and thus with the interface between civil procedure law and the general doctrine of legal transactions under civil law. In doing so, the thesis shows that the fundamental principles anchored in the general doctrine of legal transactions are, in general, also to be applied accordingly in the context of Section 278 (6) of the Code of Civil Procedure, although their integration into the procedural regime must always be taken into account.