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In civil proceedings, there are four maxims which must be observed. These are laid out below.
If you need further information regarding the principles of civil procedure or have questions about the individual procedural maxims, our attorneys at law in St. Gallen, Zurich and Frauenfeld will be happy to help you.
The disposition maxim determines responsibility for a legal complaint. According to this maxim, responsibility for filing a statement of claim or complaint lies with the parties. In concrete terms, this means that the plaintiff can decide for themselves whether they wish to file a lawsuit. Furthermore, the plaintiff determines the subject of the lawsuit with their complaint. That consists of what they are demanding and from whom, and on which legal basis it is founded. The defendant decides whether they acknowledge the claim or deny it. Furthermore, this procedural principle maintains that the parties can come to an agreement before the court, which ends the process by mutual agreement.
The plaintiff or the claimant must assert their claim in a legal application or request. The court is bound by to this. As a consequence, the court is not allowed to award the plaintiff more than they demanded in their claim, nor less than the defendant has acknowledged to potentially pay.
If the official maxim is applied, it is the task of the court to decide certain questions itself, i.e. ex officio. In doing so, the court has to take into account the motions of the parties. The court assumes responsibility for the matter in dispute. When applying the official maxim, the court is not bound by the legal requests of the parties. Nevertheless, the parties are recommended to file motions in this case as well.
This maxim is the opposite of the disposition maxim. According to the disposition maxim, it is the responsibility of the parties to present to the court the bases on which the judgment is based. The parties bear the burden of claim (Behauptungslast). That is, they must present the facts of the case to the court and they must also state the respective evidence for it. They therefore bear the burden of proof (Beweislast). Then the plaintiff’s assertions and denials must be set out in sufficient detail. This is the obligation to substantiate their argument. The court normally relies only on the evidence presented by the respective parties.
This maxim is the opposite of the official maxim. According to this, the responsibility for the facts and the evidence does not lie in the hands of the parties, but in the hands of the court. The court must clarify the facts of the case ex officio. Furthermore, the court must demonstrate evidence if necessary. This is the case even if neither party has requested to demonstrate the evidence. However, the parties are not exempt from assisting the court in determining the facts of the case. In addition, they must also designate their allegations and the associated evidence.