Adult Protection Act - Erwschg

Original Language Title: Erwachsenenschutz-Gesetz – ErwSchG

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_158/BGBLA_2013_I_158.html

158. Federal law, with the international law protecting the adult except military law, the jurisdiction standard, the IPR law and the court fees Act be modified (adult Protection Act - ErwSchG)

The National Council has decided:

Article 1

Amendment of the Act of except dispute

Except armed law - AußStrG, Federal Law Gazette I no 111/2003, as last amended by Federal Law Gazette I no. 15/2013, is amended as follows:

1. after section 131 is the following 9a. Section included:

"9a. section"

Recognition, Declaration of enforceability and enforcement of foreign decisions for the protection of the person or of the adult's assets

Scope of application

§ 131a. (1) this section sets out the procedure for independent recognition and Declaration of enforceability of decisions about the Sachwalterschaft for disabled persons (para. 2), as well as measures to protect of an adult (para. 3) 1;

2. the conditions of the recognition and Declaration of enforceability of judgments about the Sachwalterschaft for disabled persons (para. 2);

3. the enforcement of foreign measures to protect of an adult (para. 3) to the protection of the person.

(2) a "decision on the Sachwalterschaft for persons with disabilities" is a decision from a State which is not Contracting State of the Convention on the international protection of adults, in particular about 1 the order, change or removal of a final or interim receiver for persons with disabilities, and the change of its area;

2. the withdrawal or limitation of their legal capacity because of a mental illness or mental disability;

3. your financial matters, insofar as they fall into the sphere of activity of the trustee for the disabled, such as monitoring and protection of assets, and the granting of compensation, compensation for personal effort and reimbursement of expenses of a receiver for a disabled person;

4. guardianship court approvals by actions of a receiver for a disabled person.

(3) a "measure to protect of an adult" is a measure under the Convention on the international protection of adults.

Conditions of recognition and recognition grounds for refusal

§ 131 b. (1) if the conditions of recognition of a measure to protect of an adult (§ 131a para 3) are based on the Convention on the international protection of adults.

(2) a decision on the Sachwalterschaft for disabled persons (§ 131a para 2) is recognised in Austria if there is no reason for the refusal of recognition.

(3) the recognition can be independently judged as preliminary without the need for a special procedure.

(4) the recognition of a decision on the Sachwalterschaft for disabled persons (§ 131a para 2) is to refuse if 1 they the reason ratings of the Austrian legal order (ordre public) obviously contradicts or 2. legal hearing of the person concerned not been respected or 3. the decision with a later Austrian measure to protect of an adult (§ 131a para 3 AußStrG) or a subsequent decision on the Sachwalterschaft for disabled persons (§ 131a para 2) , which meets the conditions for recognition in Austria, is incompatible or 4 the discerning authority of application of Austrian law for decision international was not responsible.

The recognition procedure

§ 131c. (1) the recognition of a decision on the Sachwalterschaft for disabled persons (§ 131a para 2) and a measure to protect of an adult (§ 131a para 3) in a separate process may apply for, who has a legal interest.

(2) a copy of the judgment, a proof of their legal force or preliminary efficacy, as well as a proof of the respect of the rights of defence of the person concerned the application must be connected. The Court can be satisfied with equivalent certificates or free the parties from the template of the certificate if it considers further clarification necessary.

(3) an appeal against a decision of first instance, the period for appeal and appeal answering a month is. The habitual residence of a party is located in a foreign country and an appeal or an appeal reply represents their first opportunity to participate in the procedure the time limit for the appeal or the response to appeals for them is two months.

(4) a refund does not take place.

(5) the foreign judgment about the Sachwalterschaft for disabled persons (§ 131a para 2) or the measure to protect of an adult (§ 131a para 3) is not valid according to the regulations of the State of origin yet, so the recognition procedure can on request of a party to be interrupted to join the force. If necessary, a party can be used with a deadline for the fight against of the foreign decision.

(6) which are in process on the recognition of appropriate decisions to apply article 126, paragraph 1 and 2, and section 128, paragraph 1 communication duties. Article 126 par. 3 and 4, and section 128, paragraph 1 are in proceedings on the recognition and non-recognition of appropriate decisions to apply.

Application for non-recognition

§ 131. The §§ 131 are b and 131c applications, with which the recognition is sought, apply mutatis mutandis.

Declaration of enforceability

§ 131e. (1) decisions on the Sachwalterschaft for disabled persons (§ 131a para 2) and measures to protect of adult (§ 131a para 3) can be enforced only if they have been declared by the Court for Austria for enforceability.

(2) the conditions of the Declaration of enforceability a measure to protect of adult (§ 131a para 3) are based on the Convention on the international protection of adults.

(3) a decision on the Sachwalterschaft for disabled persons (§ 131a para 2) is to explain if it is enforceable under the law of the State of origin and a reason for refusal the Declaration of enforceability enforceability. § For the refusal of the Declaration of enforceability applies 131 b para 4.

Procedure of Declaration of enforceability

§ 131f. (1) the application for a declaration of enforceability are in addition to in § 131 c para 2 above documents a proof of the enforceability of the decision according to the law of the State of origin to join.

(2) for the further procedure for the Declaration of enforceability, § 131 shall apply mutatis mutandis c par. 3 to 6.

(3) the enforcement can be applied for for as long as such in the proceedings except for disputes, at the same time with the Declaration of enforceability. The Court has on both applications at the same time to decide.

Enforce foreign measures to protect of an adult section 131 g. (1) as far as forcibly to enforce a foreign measure for the protection of the person of an adult (§ 131a para 3), is an enforcement after the execution order, RGBl. No. 79/1896, excluded.

(2) the Court has to order on request or by virtue appropriate coercive measures according to § 79 para 2. The Court understands decisions relating to the right to personal contacts, through application of appropriate immediate coercion.

(3) the Court may continue the enforcement by virtue only refrain from, if and as long as it threatens the well-being of the vulnerable adult.

(4) a refund does not take place."

2. According to § 207i, 207j the following paragraph with heading shall be inserted:

"Entry into force and transitional provisions to the Federal Act Federal Law Gazette I no. 158/2013"

§ 207j. The 9a. Section in the version of Federal Law Gazette I occurs no. 158/2013 with force, November 1, 2013. He is also on the recognition to apply the Declaration of enforceability and execution of decisions that were made prior to its entry into force, as well as to proceedings already pending at the time of its entry into force."

Article 2

Change the jurisdiction standard

The standards of jurisdiction, RGBl. No. 111/1895, as last amended by Federal Law Gazette I no. 35/2012, is amended as follows:

section 109a is as follows:

'Article 109a. The recognition and Declaration of enforceability foreign decisions on the custody and the personal contacts, the Sachwalterschaft for disabled persons (§ 131a para 2 AußStrG) and foreign measures to protect of an adult (§ 131a para 3 AußStrG) the District Court referred to in § 109 is responsible for, as far as not under international law or acts of the European Union is another."

Article 3

Change of IPR law

The IPR law, BGBl. No. 304/1978, as last amended by Federal Law Gazette I no. 21/2011, is amended as follows:

1. section 15 is together with the heading:

"Measures to protect of adult

The conditions, effects and the repeal of measures for the protection of the person and the assets of an adult, which is due to an impairment or the inadequacy of his personal skills unable to protect its interests, are § 15 (1) to be judged according to its personal status.

(2) the conditions regarding implementation of a measure are referred to in paragraph 1 to assess where it is performed according to the law of the State."

2. § 50 the following paragraph 6 is added:


"(6) § 15 in the version of Federal Law Gazette I is no. 158/2013 with November 1, 2013 in force."

Article 4

Amendment to the court fees Act the court fees Act - GGG, Federal Law Gazette No 501/1984, as last amended by Federal Law Gazette I no. 15/2013, is amended as follows:

1. in tariff post 12 lit. a is the No. 3 in the column of "Item": "3. proceedings for recognition or non-recognition of foreign decisions on the existence of a marriage (§§ 97 ff AußStrG) as well as the procedure for recognition, Declaration of enforceability or non-recognition of foreign decisions on the protection of the adult's assets (§§ 131 a ff AußStrG);"

2. in article VI following Z 55 adds: "55.
The collective post 12 lit. a no. 3 in the version of Federal Law Gazette I occurs no. 158/2013 with force, November 1, 2013. "§ 31a is to apply on the in this collective post newly created or amended fees facts with the proviso, that starting point published for the realignment of the underlying amount for March 2011 final index number of the of the Federal statistics 2000 is Austria of suggested consumer price index."

Article 5

Entry into force

section 109a JN in the version of Federal Law Gazette I occurs no. 158/2013 with force, November 1, 2013.

Fischer

Faymann