Eine Theorie der sekundären Darlegungslast

The secondary burden of disclosure is an indispensable legal institution in modern civil proceedings, which are geared towards a comprehensive establishment of the facts. It is therefore all the more surprising that since its introduction it has existed as case law but has not yet been codified. This thesis is devoted to such a codification. To this end, it examines the weaknesses of its current judicial form, draws a comparative legal analysis with England and, based on the findings, develops a legislative proposal that defines the prerequisites, content and limits of this legal institution. This will give the secondary burden of disclosure a sharper contour and strengthen legal certainty in civil proceedings.