Tatsachenverantwortung und schriftsätzlicher Vortrag im Zivilprozess

The debate about digitalisation in the context of increasingly extensive party submissions provides an opportunity to subject the doctrinal foundations of written submissions to a fundamental critical analysis based on an examination of the applicable procedural law and its development by the highest courts. The focus is on the legal requirements for the written submissions as well as the distribution of responsibility between the parties and the court that is required in this regard and must be dogmatically structured accordingly on the basis of the principle of party presentation or in the light of the right to be heard. The causes for the increased length of the written submissions are also investigated and areas requiring correction are identified.