Adult Protection Act - Erwschg

Original Language Title: Erwachsenenschutz-Gesetz – ErwSchG

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158. Federal law, which amalds the international legal protection of adults the Non-Dispute Law, the Jurisdictional Standard, the IPR Act and the Law on Law (Adult Protection Act-ErwSchG)

The National Council has decided:

Article 1

Amendment of the Non-Strike Act

The Extrastreit Act-External StrG, BGBl. I n ° 111/2003, as last amended by the Federal Law BGBl. I n ° 15/2013, shall be amended as follows:

1. According to § 131, the following 9a shall apply. Section inserted:

" 9a. Section

Recognition, declaration of enforceability and enforcement of foreign decisions on the protection of the person or the property of adult

Scope

§ 131a. (1) This section regulates

1.

the procedure for the independent recognition and enforcement of decisions on the legal protection of persons with disabilities (par. 2) as well as measures for the protection of an adult (para. 3);

2.

the conditions for recognition and the declaration of enforceable decisions on the legal protection of persons with disabilities (par. 2);

3.

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

(2) A "decision on the protection of persons with disabilities" shall be a decision of a State which is not a State Party to the Convention on the International Protection of Adults, and in particular:

1.

the appointment, reordering or revitalisation of a permanent or incarnate lawyer for disabled persons, as well as the change in the scope of the contract;

2.

the withdrawal or restriction of their business capacity due to mental illness or mental disability;

3.

Their property affairs, insofar as they fall within the scope of the management of the property for disabled persons, such as the supervision and safeguarding of the property and the granting of remuneration, compensation for personal efforts and the rate of immigrant a lawyer for a disabled person;

4.

Legal authorisations for the actions of a lawyer for a disabled person.

(3) A "measure for the protection of an adult" is a measure under the Convention on the International Protection of Adults.

Conditions of recognition and refusal of recognition

§ 131b. (1) The conditions for the recognition of an adult protection measure (§ 131a (3)) are based on the Convention on the International Protection of Adults.

(2) A decision on the legal protection of persons with disabilities (§ 131a (2)) shall be recognised in Austria if there is no reason to refuse recognition.

(3) The recognition can be assessed independently as a preliminary question, without the need for a special procedure.

(4) The recognition of the decision on the legal protection of persons with disabilities (Section 131a (2)) should be refused if:

1.

it clearly contradicts the fundamental values of the Austrian legal system (ordre public), or

2.

the legal hearing of the person concerned has not been respected; or

3.

the decision with a later Austrian measure for the protection of an adult (§ 131a (3) of the External StrG) or a subsequent decision on the legal protection of persons with disabilities (Section 131a (2)), which provides for the conditions for the protection of persons with disabilities. Recognition in Austria is not compatible, or

4.

the recognised authority would not have been responsible internationally for the decision on the application of Austrian law.

Recognition procedure

§ 131c. (1) The recognition of a decision on the legal protection of persons with disabilities (§ 131a (2)) and a measure for the protection of an adult (§ 131a (3)) in a self-employed procedure can apply for who has a legal interest in this .

(2) The application shall be a copy of the decision, proof of
of their legal force or provisional effectiveness, as well as evidence of the protection of the legal hearing of the person concerned. The court may be satisfied with equivalent documents or free the parties from the presentation of the documents if further clarification is not considered necessary.

(3) In the case of a recourse against a decision of the first instance, the period for retraining and replying to the decision shall be one month. If the habitual residence of a party is abroad and if a recourse or a reply is its first opportunity to participate in the proceedings, the time limit for the recourse or resignation shall be two Months.

(4) A cost replacement shall not take place.

(5) If the foreign decision on the legal protection of persons with disabilities (§ 131a (2)) or the measure for the protection of an adult (§ 131a (3)) is not yet legally binding in accordance with the rules of the State of origin, the application may be made on request a party shall be disrupted the procedure for recognition until the legal force enters into force. If necessary, a party may be set a deadline for combating the foreign decision.

(6) The obligations of comprehension of § 126 (1) and (2) and § 128 (1) are to be applied in proceedings concerning the recognition of appropriate decisions. § 126 (3) and (4) and § 128 (1) shall apply in proceedings relating to the recognition and non-recognition of appropriate decisions.

Non-recognition request

§ 131d. § § 131b and 131c are applicable to applications with which non-recognition is asserted accordingly.

Declaration of enforceable

§ 131e. (1) Decisions concerning the legal protection of persons with disabilities (Section 131a (2)) and measures for the protection of adults (§ 131a (3)) can only be enforced if they have been declared enforceable by the Court of First Instance for Austria.

(2) The conditions of the declaration of enforcement of a measure for the protection of adults (§ 131a (3)) shall be governed by the Convention on the International Protection of Adults.

(3) A decision on the legal protection of persons with disabilities (Section 131a (2)) shall be declared enforceable if it is enforceable in accordance with the law of the State of origin and if no reason for refusing the enforceable declaration of enforceability is available. § 131b (4) shall apply mutadenly to the denial of the declaration of enforceable order.

Procedures for enforceable declaration

§ 131f. (1) In addition to the documents referred to in § 131c (2), the application for a declaration of enforceability shall be followed by proof of the enforceability of the decision in accordance with the law of the State of origin.

(2) § 131c (3) to (6) shall apply to the further procedure for the declaration of enforceable order.

(3) Enforcement may at the same time be applied for in accordance with the declaration of enforceable law, in so far as such enforcement is carried out in proceedings in addition to disputes. The Court of First Instance must decide on both applications at the same time.

Enforcement of foreign measures to protect an adult

§ 131g. (1) Where a foreign measure for the protection of the person of an adult (§ 131a (3)) is forcibly enforced, enforcement shall be under the order of the executive order, RGBl. No 79/1896, excluded.

(2) The Court of First Instance shall order, on request or on its own account, appropriate coercive means in accordance with Section 79 (2). The Court of First Instance may also take decisions which do not relate to the right to personal contacts by means of appropriate direct coercion.

(3) The Court of First Instance can only depart from the continuation of enforcement, even if and as long as it endangers the well-being of the adult in need of protection.

(4) A cost replacement shall not take place. "

2. According to § 207i, the following § 207j with headline is inserted:

" Entry into force and transitional provision to the Federal Act BGBl. I No 158/2013

§ 207j. The 9a. Section in the version of the Federal Law BGBl. I N ° 158/2013 will enter into force on 1 November 2013. It shall also apply to the recognition, enforceable declaration and enforcement of decisions taken prior to its entry into force and to procedures already pending at the time of its entry into force. "

Article 2

Amendment of the Jurisdiction Standard

The jurisdictional norm, RGBl. N ° 111/1895, as last amended by the Federal Law BGBl. I No 35/2012, shall be amended as follows:

Section 109a reads as follows:

" § 109a. For the recognition and enforceable declaration of foreign decisions concerning the care and personal contacts, the legal protection of persons with disabilities (§ 131a (2) of the External Strg Act) and foreign measures for the protection of an adult (§ § 131a). 131a (3) of the International Criminal Court (StrG) is the district court referred to in § 109, unless otherwise determined in accordance with international law or in legislative acts of the European Union. "

Article 3

Amendment of the IPR Act

The IPR Law, BGBl. N ° 304/1978, as last amended by the Federal Law BGBl. I No 21/2011, shall be amended as follows:

1. § 15 is together with the headline:

" Measures for the protection of adults

§ 15. (1) The conditions, effects and cancellation of measures for the protection of the person and property of an adult who, on account of an impairment or inadequacy of his or her personal abilities, is not in a position to do so, his To protect interests are to be assessed in accordance with its Staff Regulations.

(2) The conditions for the implementation of a measure referred to in paragraph 1 shall be assessed in accordance with the law of the State in which it is carried out. "

2. § 50 is added to the following paragraph 6:

" (6) § 15 in the version of the Federal Law BGBl. I n ° 158/2013 will enter into force on 1 November 2013. "

Article 4

Amendment of the Court Fees Act

The court fee law-GGG, BGBl. No. 501/1984, as last amended by the Federal Law BGBl. I n ° 15/2013, shall be amended as follows:

1. In the tariff post 12 lit. a is the Z 3 in the column "Subject" :

" 3.

Procedure for the recognition or non-recognition of foreign decisions on the stock of a marriage (§ § 97 ff of the German Stock Corporation Act) as well as procedures for the recognition, declaration of enforceability or non-recognition of foreign decisions for the protection of the property Adult (§ § 131a et seq. of the German External Stratty Act); "

(2) In Article VI, the following Z 55 is added:

" 55.

The tariff post 12 lit. a Z 3 in the version of the Federal Law BGBl. I N ° 158/2013 will enter into force on 1 November 2013. Section 31a shall apply to the amounts of the fees newly created or amended in this collective agreement, subject to the proviso that the basis for the redetermination of the underlying amount shall be the final index of the total number of the charges published in March 2011. Consumer price index 2000 is the Federal Statistical Office of Statistics Austria. "

Article 5

entry into force

§ 109a JN in the version of the Federal Law BGBl. I N ° 158/2013 will enter into force on 1 November 2013.

Fischer

Faymann