Streitgegenstand und Prozessvergleich des KapMuG

Based on the prevailing doctrine on the subject matter of a dispute under the German Civil Procedural Code (CPC), the author examines whether applications for the establishment of a model case or establishment objectives pursuant to sec. 2 para. 1 KapMuG can be equated to the claim as established in sec. 253 CPC. She denies this and concludes that the grounds for filing that underlie related applications decisively determine the subject matter of the model case proceedings. Furthermore, the author makes suggestions for the determination for these grounds for filing. In addition, the author examines the court settlement in the model case procedure. After a dogmatic classification, the thesis examines which agreements a court settlement in the model procedure necessarily requires and optionally allows.