Conrad Waldkirch: Die Bagatelle im Zivilrecht, Gebunden

Klappentext

The phenomenon of trivial claims poses significant challenges for both substantive civil law and civil procedure, because the minor nature of the interest underlying a subjective right often disrupts the balance of interests intended by the legislature. Conrad Waldkirch offers a fundamental analysis of how private law and civil procedure, including enforcement law, deal with matters of minor significance, demonstrating that the maxim minima non curat praetor ("the magistrate does not concern himself with trifles") fails to capture the complexity of this issue.

Drawing on principles theory and taking into account the influence of constitutional law, the study examines when the minor nature of an interest may prevent the emergence of subjective rights or obstruct their enforcement. In doing so, it explains the complex system of written, unwritten, and de facto barriers to trivial claims and the way these mechanisms operate.

The book also explores the phenomenon of rational apathy associated with low-value claims. Using insights from behavioural economics, it shows why rational disinterest constitutes a practical obstacle to the enforcement of minor rights. This creates significant challenges for procedural law, since the reliable enforcement of rights is essential to maintaining the rule of law. At the same time, however, disputes involving trivial claims are often viewed unfavourably because of the disproportionate burden they place on public resources and the state's limited capacity. As a result, competing interests arise.

Civil procedure responds to this tension by providing both individual mechanisms designed to reduce burdens on courts and litigants, such as national and European small claims procedures, and collective redress mechanisms, which can help overcome rational apathy and facilitate the enforcement of low-value rights.