What does a contradiction mean


Code of Civil Procedure

formal legal remedy, inter alia, against a dunning notice (dunning procedure), arrest and preliminary injunction; usually leads to an oral hearing and decision by judgment.

Public law

1. Term: Formal legal remedy, with which the preliminary proceedings which regularly precede the legal action for rescission and the legal obligation are initiated in the administrative jurisdiction (Sections 68 ff. As part of the reduction in bureaucracy, numerous countries have restricted or abolished the need for the objection procedure.

2. The objection must be submitted to the authority in writing or for recording within one month of the announcement of an administrative act (or the rejection) to insert, which issued the administrative act.

3. The contradiction has suspensive effect, except:
a) if public charges and costs are requested;
b) orders and measures taken by law enforcement officers that cannot be postponed;
c) if required by federal law;
d) if immediate execution is especially ordered by the authority in the public interest or the overriding interest of one of the parties involved. In these cases, after the objection has been lodged, enforcement can be suspended by the objection authority or the court of the main issue (temporary legal protection).

4. The authority can raise the objection help, otherwise a Notice of objection. This is issued by the next higher authority; if the next higher authority is a supreme federal or state authority, the authority that issued the administrative act; in matters of self-government the self-government authority.

5. State law can determine that Committees or advisory boards take the place of the objection authority.

6. The notice of objection is closed justify and with Legal remedies to provide.

7. At successful contradiction The authorities must reimburse the expenses (including the lawyer's fees) necessary for appropriate legal prosecution or legal defense (Section 80 VwVfG).

Register right

1. Authority certain entries in the commercial register to prevent. Anyone who has obtained a legally binding or enforceable decision of the court in which the entry is declared inadmissible, e.g. due to a risk of confusion (Section 16 II HGB), can raise an objection to the upcoming entry in the commercial register. Is registered despite the objection: Complaint according to § 20 FGG.

Deletion of an entry cannot be requested due to a belated objection.

2. Preliminary Entries in the land register to secure the future enforcement of the land register correction claim (§ 899 BGB). If the entry is incorrect, the objection, mostly on the basis of a temporary injunction, eliminates public belief and prevents a bona fide acquisition by a third party.

Tenancy law

Tenant protection.

Trademark law

After a trademark has been registered, the owners of trademarks or trademark applications have the option of asserting their earlier rights to trademarks or trademark applications by filing an objection limited to three months after the announcement of the registration (§ 9 I, II, § 10 MarkenG) or their rights to protect against an agent brand. The applicant can object to the non-use of the opposing mark (Section 43 MarkenG) and, in turn, bring an action for registration approval against the opponent (Section 44 MarkenG). An objection can also be filed against the granting of protection for IR trademarks (§§ 114, 124 MarkenG).