Affidavit

Affidavit / Eidesstattliche Versicherung

August 06, 2024

The affidavit plays a central role in German civil procedure law. It serves to corroborate factual assertions and has greater probative value than simple written declarations. In this article, you will learn everything you need to know about affidavits: definition, legal basis, requirements, sanctions for false statements and their use in civil proceedings.

What is an affidavit?

An affidavit is a written declaration in which the declarant affirms that their statements are true and complete. It is often used in proceedings in which quick and credible information is required, for example in seizure and injunction.

Legal basis of the affidavit

Section 294 of the German Code of Civil Procedure (ZPO) forms the legal basis for affidavits. This stipulates that certain facts can be made credible by means of affidavits. Special regulations can also be found in Sections 920, 936 and 920a ZPO, in particular for interim legal protection.

Requirements and form of the affidavit

The affidavit must be made in writing and signed by the person making the declaration. It must be formulated clearly and precisely and truthfully reflect all relevant facts.

Sanctions for false statements in the affidavit

Anyone who intentionally makes false statements in an affidavit can be punished with a prison sentence for perjury in accordance with Section 156 of the German Criminal Code (StGB). Negligent false statements can also result in criminal prosecution in accordance with Section 161 StGB.

Use of the affidavit in civil proceedings

In civil procedure law, the affidavit is often used in interim legal protection, i.e. in arrest proceedings and interim injunction proceedings. It serves to substantiate the alleged facts and thus increases the application's chances of success.

Conclusion

The affidavit is an essential instrument in German civil procedure law. It enables the truth to be presented quickly and credibly in proceedings. In order to avoid legal consequences and to ensure the probative value of the declaration, it is important that the affidavit is made truthfully and that the legal requirements are complied with.