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The legitimation of the case as a power to conduct proceedings is not, like party and procedural capacity, a personal characteristic, but the consequence and expression of a factual relationship between the party and the subject matter of the dispute. Legitimation thus concerns the question of who is the correct party, i.e. the party who may decide on the matter in dispute vis-à-vis the court.

Term-Nr.: 531

German: Legitimation zur Sache (506)

Source: LK-Lötscher, 11.05.2020

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