In civil law, a claim refers to the legally protected possibility of demanding a specific performance from another person. Claims are a key instrument for clarifying rights and obligations between parties and, if necessary, enforcing them in court. They arise from legal bases such as contracts, property rights, or damage claims and create the possibility of asserting specific claims in a legally binding manner.

An important background to this is that “justice” cannot be demanded in court in abstract terms. Instead, a specific claim must be asserted that is based on a legal basis. Civil law requires the entitled party to explain what right they are entitled to, against whom it is directed, and what performance they are demanding. Without a clearly identified obligor and a legally justified claim, the plaintiff has no chance of success in court. The claim forms the basis for the legal dispute and enables a structured clarification of the facts and a comprehensible decision.

Structure of a claim

Civil law follows a simple line of reasoning to analyze claims: “Who wants what from whom (and for what reason)?” This method structures the legal examination of a case by clearly identifying the relevant parties, the subject matter of the claim, and the legal basis. This allows each claim to be logically understood and legally evaluated.

The claimant is the person who can assert the claim. The claimant has the right to enforce the claim in court if the other party refuses to fulfill its obligation. In the event of a dispute, they appear in court as the plaintiff and demand the performance to which they are entitled.

The content of the claim describes the specific performance that the obligated party must provide. The possible contents of a claim are diverse. These include the payment of a sum of money, for example, the payment of the purchase price in a purchase contract. The claim may also include the delivery or surrender of an item, such as the handover of a purchased vehicle. In addition, the claim may also require a specific action to be taken or an action to be omitted, such as the repair of damage or the omission of using a property without permission.

Debitor: The debitor (obligor) is the person against whom the claim is directed. This performance can take many forms, such as the payment of a sum of money, the surrender of an item, or the omission of an unlawful act. In the event of a dispute, this is the defendant who could be ordered to perform the requested service.

Claims arising from contracts

Claims can arise from various legal bases and serve to enforce rights and obligations between parties in a binding manner. Upon conclusion of the contract, the promises made in the contract become legally enforceable claims.

Claims arising from a purchase contract normally expire when the respective obligations are duly fulfilled. This is the norm, as contracts are usually correctly fulfilled by both parties in practice. Once the mutual obligations have been fulfilled, the contractual claims no longer exist. The contract is thus fulfilled. The fact that this usually happens smoothly shows how efficiently civil law contributes to shaping legal relationships and safeguarding the interests of the contracting parties. It is only in exceptional cases that one of the parties fails to fulfill its obligations and it becomes necessary to enforce a claim.

Only if one party fails to fulfill its contractual obligation does the other party's claim remain valid and can be enforced in court if necessary. The defaulting party is then in default.

The law stipulates that sales contracts must generally be executed concurrently, i.e., each party to the contract may only demand performance if it is simultaneously prepared to perform or has already performed. This principle may also be deviated from by agreement.

Other civil law claims

In addition to contractual claims, civil law also gives rise to claims based on other legal grounds, such as property law, tort law, or the law of unjust enrichment. These claims are regulated directly by law and exist between parties who are not currently contractual partners. They are therefore also referred to as legal obligations.

A claim for unjust enrichment always arises when one person has obtained a financial advantage at the expense of another person to which they are not entitled. This can occur, for example, if one person has provided a service to another person even though they were not legally obliged to do so, e.g. because there was no contract. Similarly, a contract may be void because it is null and void or has been effectively contested, e.g. due to threats. In such cases, the services already rendered can be reclaimed or appropriate payment can be demanded.

The right of ownership is intended to enable the owner of an item to use it as he or she sees fit, to consume it, to utilize it, or even to destroy it. It protects the owner from third parties interfering with this right, for example by taking the item away or disturbing his or her property.

The right to compensation enables an injured party, i.e., a person who has suffered damage, to obtain compensation from the person (the injuring party) responsible for the damage under certain conditions.