Not All Judgments Are the Same: An Overview of the Types of Judgments and Their Effects

Quick Overview:

• Under certain legal conditions, a court may issuea default judgment if the defendant fails to appear at the first hearing without a valid and timely excuse and the plaintiff requests such a judgment.
• The court issuesa judgment by admission when the defendant admits the claim or when a statutory presumption of admission arises.
• An interim judgment decides only on the merits of the claim, not, for example, on the specific amount of damages at this stage.
• A partial judgment decides only on a part of the case under consideration.
• A judgment becomes final when it can no longer be challenged by a regular appeal, typically after the appeal period has expired without action.

Whether you have already received a judgment or are still awaiting court proceedings, choosing the right next steps can be crucial. Contact our attorney, who will help you assess the judgment, prepare a complaint or appeal, or represent you directly in court so that you do not unnecessarily lose the opportunity to defend your rights due to a procedural error.

For the legal layperson, terms such as “judgment by default” or “ex nunc effect” naturally have practically no meaning. The court simply reached a decision, and we’re interested in the outcome and consequences of that decision. However, it’s at least good to know that legal theory distinguishes between different types, forms, and effects of judgments. You can then prepare for the court proceedings with your attorney, who is familiar with all the nuances of the decision-making process and can use them to your advantage.

So let’s take a brief look at the different types of court decisions that exist.

What types of court decisions exist?

Not all court decisions are judgments. Depending on the nature of the case, the court may also issue a ruling or, for example, a payment order. Based on their form, we distinguish between the following types of decisions:

• a) Judgment —a type of court decision that resolves the merits of a case. Examples include judgments on divorce, awards of damages, and dozens of others. We also encounter judgments in administrative and criminal proceedings.
• b) Order —in simple terms, this is how the court decides in cases where it does not issue a judgment. These typically involve various procedural matters—the initiation of proceedings, their conditions, reimbursement of litigation costs, etc.
• c) Payment order —this is a special type of decision issued in summary proceedings, where the sole issue is the payment of a specific monetary amount.
• d) Bill of exchange (check) payment order
• e) Electronic payment order
• f) European payment order

Effects That a Decision May Produce

Based on the effects a decision may have, we distinguish between declaratory and constitutive decisions (judgments).

1. A declaratory decision authoritatively declares whether a certain right exists or not. The right itself is not newly created; rather, for some reason, its existence had not yet been entirely clear. An example of this is a judgment determining paternity. It is clear that paternity itself arises upon the birth or conception of a child. However, if, for example, the father disputes his relationship to the child, the court will decide, based on the evidence presented, that such a relationship exists.
2. In contrast,a constitutive decision creates, revokes, or modifies rights. With regard to the example mentioned above, this could subsequently involve, for instance, the determination of child support or the establishment of a child custody arrangement.

Content of the Court’s Ruling

Based on the content of the ruling (or, alternatively, on the type of action filed), decisions are classified as status decisions, declaratory decisions, performance decisions, and decisions substituting an expression of will.

Status Decisions —these occur in proceedings initiated by a petition rather than by a complaint. Decisions in such cases have constitutive effects and take effect ex nunc (that is, from this point forward), not retroactively. Examples include a declaration that a marriage is void or a decision restricting legal capacity. There are exceptions—for example, a retroactive declaration of death may have ex tunc (retroactive) effects.

Declaratory — based on an action for a declaratory judgment, a party to the dispute seeks a determination as to whether a certain right exists or does not exist. For example, it may not be clear who owns a particular item. According to the Civil Procedure Code, such an action must be formulated specifically to determine a right or legal relationship, not, for example, to determine a legal fact. This is a distinction that is completely beyond the understanding of the average citizen. However, incorrect wording in this case can lead to the action being needlessly dismissed, as the court cannot grant it. Once again, it pays to have a lawyer draft the complaint with precision.

Action for Performance —such a decision is issued based on a complaint seeking, for example, payment of a certain amount (a debt) or the surrender of a specific item (property wrongfully retained after a divorce).

A ruling substituting an expression of will —this applies, for example, to situations where the law presupposes a certain agreement, or where the parties themselves seek such an agreement but are unable to reach it on their own. Typically, this involves joint ownership. Another situation may arise when parents are unable to agree on a child’s name, or when one parent requires the court’s consent for a specific medical procedure on the child, which the other parent refuses to grant. In cases where such a judgment is to be issued, it is necessary to be particularly careful when drafting the so-called “statement of claim,” that is, the request we are asserting through the lawsuit. It is always advisable to draft it together with an attorney. 

When does a judgment become final?

A judgment or decision goes through several stages after it is issued. After being announced, it is drafted in writing and served on the parties. An important point that clients are particularly interested in is when the judgment becomes final. This occurs when it is no longer possible to challenge it through an ordinary appeal—that is, when no further appeal can be filed because the deadline for filing has expired or the parties have waived their right to appeal. The decision is thus final, binding, and unchangeable (through ordinary appeals). Even a final decision can be changed under certain circumstances, but these are exceptional circumstances, meaning through the use of extraordinary legal remedies.

Have you received a judgment with which you disagree? Don’t wait until the last day of the appeal period to seek a resolution. Let our attorneys review the decision, determine whether there are relevant grounds for appeal, and prepare an appeal that meets all legal requirements.

Special Types of Judgments

The conditions for issuing special types of judgments are governed primarily by the Civil Procedure Code. For a judgment by admission, this primarily involves Section 153a, and for a judgment by default, Section 153b of the Civil Procedure Code.

Judgment by default – may result from the defendant’s failure to appear at the first hearing in the case. Under the Civil Procedure Code, the court may issue a judgment by default if the following statutory conditions are met simultaneously:

• the complaint and the summons to the hearing were duly served on the defendant at least 10 days in advance,
• the defendant was informed of the consequences of failure to appear,
• the defendant missed the first hearing in the case without a valid and timely excuse,
• the plaintiff appeared at the hearing and requested a default judgment.

The court may then consider the plaintiff’s factual allegations set forth in the complaint to be undisputed, and appeals against such a judgment are limited. However, this does not mean that a default judgment can be issued automatically in every proceeding. The Civil Procedure Code specifies cases in which it cannot be applied.

A judgment by admission is, to a certain extent, similar. The court issues it when the defendant acknowledges the claim or the basis of the claim asserted against him by the plaintiff. This may involve not only an explicit acknowledgment of the claim during the proceedings, but also a situation where, under the law , a so-called “deemed acknowledgment” occurs . This may occur, for example, when the defendant fails, without good cause, to respond in a timely manner to a formal summons from the court and does not state whether they admit the claim or, if applicable, fail to present decisive facts in their defense. If the statutory conditions for a deemed admission are met, the court may issue a judgment by admission. However, even this type of judgment cannot be used in all proceedings—for example, it cannot be issued in cases where a settlement cannot be reached and approved.

Interim judgment —this is typical, for example, in proceedings for damages. It decides the merits of the case. In this case, the court decides on the substance of the case—whether the conditions for liability for damages are met, whether the claim is time-barred, etc.—but does not yet determine the amount of the damages themselves. This type of judgment can allow us to conduct proceedings more efficiently and cost-effectively.

A partial judgment, on the other hand, decides only on a portion of the claim—for example, the claim of only one of the plaintiffs.

The most common mistake in practice: It’s not a good idea to put off dealing with a letter from the court, thinking you’ll “get back to it later.” With some court summonses, inaction can have very serious procedural consequences. Therefore, as soon as you receive a complaint or a summons from the court, check first and foremost by when and how you are required to respond.

Further Classification of Judgments

Legal theory recognizes other classifications of decisions, but these are not particularly relevant from the practical perspective of the parties involved. For example, classification by the issuing body (court of first or second instance, or, for instance, the Constitutional Court or other specialized institutions), or by the composition of the adjudicating body (i.e., whether a single judge—a “sole judge”—decides, or whether a larger panel—a “senate”—decides).

Summary

Types of judgments differ based on their content, effects, and the procedural circumstances under which the court issues them. A default judgment may result from the defendant’s failure to appear at the first hearing, while a judgment by admission is based on the acknowledgment of the claim or a legal presumption of admission. An interim judgment decides only on the basis of the claim, and a partial judgment decides only on a part of the claim. In terms of effects, it is important to distinguish whether a judgment takes effect ex nunc—that is, from the moment it becomes final or from another specified point in the future—or ex tunc—that is, retroactively from a specific earlier point in time. The moment the judgment becomes final is also crucial for the parties to the proceedings: a judgment is final when it can no longer be challenged by a regular appeal. If you have just received a judgment or a court summons, it is worth checking, in particular, the instructions and deadlines for further action.