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	Comments on: 223	</title>
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		By: Hegel (Simple)		</title>
		<link>https://grundlinien.de/en/223/#comment-3663</link>

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		<pubDate>Thu, 24 Sep 2026 10:57:37 +0000</pubDate>
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					<description><![CDATA[§ 223: When the procedure gets out of hand

The procedure breaks up into more and more single steps. Each step is a right. And nothing sets a limit to this.

What happens then?

The procedure should only be a means. Now it turns into something external that stands in the way of its purpose. A lawsuit drags on for years. A clever person uses every deadline and every objection. In this way, the procedure itself can become a tool of wrong.

What helps?

The court can oblige the parties to turn first to a simple court. For example, to an arbitrator or a conciliation court. There they should try to reach a settlement. Only after that do they go on to the big procedure. In this way, we protect the parties and right itself.

And equity?

Equity means: You depart from strict right for moral or other reasons. A court of equity decides only about the single case. It does not keep to the forms of the procedure and to the fixed means of proof. It decides in the interest of this case, not in the interest of a universal rule.

Summary: The procedure can get out of hand and serve wrong. So a simple court should first try for a settlement. A court of equity decides only for the single case.]]></description>
			<content:encoded><![CDATA[<p>§ 223: When the procedure gets out of hand</p>
<p>The procedure breaks up into more and more single steps. Each step is a right. And nothing sets a limit to this.</p>
<p>What happens then?</p>
<p>The procedure should only be a means. Now it turns into something external that stands in the way of its purpose. A lawsuit drags on for years. A clever person uses every deadline and every objection. In this way, the procedure itself can become a tool of wrong.</p>
<p>What helps?</p>
<p>The court can oblige the parties to turn first to a simple court. For example, to an arbitrator or a conciliation court. There they should try to reach a settlement. Only after that do they go on to the big procedure. In this way, we protect the parties and right itself.</p>
<p>And equity?</p>
<p>Equity means: You depart from strict right for moral or other reasons. A court of equity decides only about the single case. It does not keep to the forms of the procedure and to the fixed means of proof. It decides in the interest of this case, not in the interest of a universal rule.</p>
<p>Summary: The procedure can get out of hand and serve wrong. So a simple court should first try for a settlement. A court of equity decides only for the single case.</p>
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