Requirements for the content of a court decision in a civil case

The requirements for the content of a court decision are based on the function of judicial practice, as it is described in the Constitution.:

- The court decision serves to resolve the dispute. Accordingly, the court decision should clearly indicate what the parties demanded and how the court decided on these requirements.

- It should be clear on what factual basis the court made the decision. Therefore, it should be clear from the court decision which facts the court considered to be indisputable and which as disputed. Regarding the disputed facts, the court must indicate which facts it considers proven and which are not.

- The court must indicate on what legal basis it satisfied the plaintiff's claim or on what basis it refused to satisfy the plaintiff's claim.

- The court must justify the application of the relevant rules so that the parties and the higher court can verify the legality of the decision.

- It is also necessary for the court to sort out the most important legal and factual explanations of the losing party and explain why it did not accept these explanations.

Article 226. Content of the solution

The decision is made in the name of the Republic of Kazakhstan.

The decision consists of introductory, descriptive, motivational and resolute parts.

The introductory part of the decision shall specify: the date and place of the decision; the name of the court that rendered the decision; the composition of the court; the secretary of the court session; the parties; other persons participating in the case and representatives; the subject of the dispute or the stated claim.

The descriptive part of the decision should contain a summary of the plaintiff's claims, the defendant's explanations and the explanations of third parties involved in the case, indicating the evidence with which they substantiate the arguments.

The reasoning part of the decision states briefly:

- the circumstances of the case established by the court;

- evidence on which the court's conclusions on rights and obligations are based;

- the arguments by which the court rejects certain evidence, and the laws that guided the court.

If the claim is recognized by the defendant, the reasoning part may indicate only the recognition of the claim and its acceptance by the court.

Comment

German court decisions make clear distinctions between the factual circumstances, that is, the facts that underlie the decision, and the actual motives (justification) of the decision.

The content of factual circumstances (descriptive part) in the decisions of the German courts include:

- a brief introduction to the subject of the dispute;

- indisputable factual circumstances;

- the plaintiff's statements, which are disputed by the defendant;

- the plaintiff's claim;

- the defendant's claim;

- the statements of the defendant, which are disputed by the plaintiff.

The rationale for the decision always begins with the legal norm on the basis of which the court made the decision. After that, the court examines the individual elements of the norm that must be fulfilled in order to apply the norm (the composition of the legal basis). This means that the rationale for the decision contains, first of all, a legal assessment.

The issues of evaluating evidence will be relevant only if the court, during the legal assessment, stumbles upon one of the elements of the legal basis, the existence of which, from a factual point of view, is controversial.

Example

The buyer wants to cancel the purchase and sale agreement for a used car on the grounds that this car has previously been in an accident. The defendant seller denies the fact of an accident with this car and claims that if the car was in an accident, then this accident was the fault of the buyer after the transfer of this car to him. In this situation, the court must, when checking the condition of the legal norm "goods of inappropriate quality", justify why it considers this condition as established or, conversely, as unspecified.

The operative part of the decision must contain the court's conclusion on the satisfaction of the claim or on the rejection of the claim in whole or in part, an indication of the distribution of court costs, the time and procedure for appealing the decision, as well as other conclusions.

Comment

The operative part (tenor) is of particular importance, since it follows from it that the plaintiff can achieve within the framework of the enforcement of the decision. In this regard, the operative part should be formulated so precisely that the bailiff knows what he should do.

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