Judicial Decision on VI ZR 115/22 dated July 30, 2024 Important Progress in Civil Law: Decision on VI ZR 115/22
In a landmark ruling on July 30, 2024, the Federal Court of Justice (BGH) clarified the requirements for evidence in civil liability claims in the case VI ZR 115/22. This decision could have far-reaching consequences for future proceedings in civil law.
The case involved a traffic accident where liability for the damages caused was disputed. The plaintiff sought compensation from the defendant after being involved in a rear-end collision. However, during the evidence gathering process, it became clear that there were conflicting statements from the parties involved. The BGH stated that in such cases, not only a clear presentation of the facts is necessary, but also a convincing demonstration of evidence is required to substantiate the respective claims.
The judges pointed out that it is crucial for the court to evaluate the evidence objectively and comprehensively. In particular, the credibility of witnesses plays a decisive role, as they often represent the only source for reconstructing the sequence of events.
The BGH emphasized that in cases where analytical methods or technical expertise could contribute to clarification, these should regularly be employed. The decision helps establish clear standards for future evidence presentation.
This decision is particularly relevant given that in the past, often insufficient evidence led to unfair judgments, placing both plaintiffs and defendants in a disadvantaged position. The BGH has stressed that courts must take an active role in evidence presentation to serve legal certainty and prevent abuse. Furthermore, it was clarified that it is not sufficient to merely present one’s own viewpoint; engaging with the opposing party's perspective is also essential.
The decision VI ZR 115/22 is regarded by experts as an important step toward improving jurisprudence in civil law. Experts expect that this clarification will lead to a more careful and equitable handling of evidentiary issues. This could not only increase efficiency in the courts but also strengthen trust in the legal system.
In summary, it can be stated that the BGH has established clear guidelines for evidence presentation in civil law matters with its ruling.It remains to be seen how this decision will play out in practice.
Author: Anita Faake, Friday, September 13, 2024
