PRECLUSION IN THE GERMAN CIVIL PROCESS: A MEANING, PROSPECTS, AND RISKS

In the article, the general provisions, essence and significance of the preclusion institution in German legislation are considered. The author asserts that the return of late evidence by the court, in accordance with § 296, 296a of the German Code of Civil Procedure, is an expression of the principle of trial acceleration and is a manifestation of the principles of justice and effective legal protection. The article answers some questions about the application of preclusion.