Preservation of evidence in Germany

In many cases of damage the machinery which failed has to be repaired immediately to avoid further damage and/or a standstill of production. However, repair very often results in the loss of the evidence necessary to prove liabilities. Private documentation of the situation found directly after the failure of the machinery does not help in all court cases. As a remedy to this problem, the German code of civil procedure provides the Selbstandige Beweisverfahren , a fairly quick and simple court procedure in which the evidence is taken as it would have to be taken if a case about a claim arising from the failure of the machinery was already pending. The requirements of this procedure and its course are described and the question whether the procedure can be started from abroad is examined.

Keywords:

• Damage
• Perpetuating Of Evidence
• Civil Procedure
• Requirements
• Course
• Costs