75. Federal Law, with which the General Civil Code, the Appeal Order, the Compensation Order, the Extraction Act, the marriage law, the executive order, the Fees Act 1957, the court fee law, the jurisdiction standard, the law of law, the law of law, the law of law, the law of law, the law of law, the law of law, the law of law, Bankruptcy, the Notarial Act, the Notarial Ordinance, the Law on Private Foundations, the Law of the Eradication Act in 1972, the Law of Maintenance in 1985, the Copyright Act and the Code of Civil Procedure (Family Law Amendment Act 2009). -FamRÄG 2009)

The National Council has decided:

table of contents

Article 1	Amendment of the General Civil Code
Article 2	Amendment of the Rules of Dispute
Article 3	Amendment of the compensation order
Article 4	Amendment of the Non-Strike Act
Article 5	Amendment of the marriage law
Article 6	Amendment of the Executive Order
Article 7	Amendment of the Fees Act 1957
Article 8	Amendment of the Court Fees Act
Article 9	Amendment of the Jurisdiction Standard
Article 10	Amendment of the Rules of Conkurt
Article 11	Amendment of the Notarial Act
Article 12	Amendment of the Code of Notarial Code
Article 13	Amendment of the Private Foundation Act
Article 14	Amendment to the 1972 Tilgungsgesetz
Article 15	Amendment of the Maintenance Advance Act 1985
Article 16	Amendment of the Copyright Act
Article 17	Amendment of the Code of Civil Procedure
Article 18	Closure and transitional provisions

Article 1

Amendment of the General Civil Code

The General Civil Code, JGS No. 946/1811, as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 40/2009, shall be amended as follows:

(1) The following paragraph 3 is added to § 90:

" (3) Each spouse shall be given adequate assistance to the other person in the exercise of the custody of his or her children. As far as circumstances so require, he also represents him in the care affairs of daily life. "

(2) The following paragraph 4 is added to § 137:

" (4) A person who is not only temporarily resident in the common household and who is in a family relationship with the parent, and who is not only temporarily resident in the common household, has everything to do with reasonable circumstances in order to do so. Child welfare to be protected. "

§ 181 reads as follows:

" § 181. (1) The authorisation may only be granted if the following persons agree to the acceptance:

1.		the parents of the under-age elective child;
2.		the spouse of the accepting person;
3.		the spouse of the electoral child;
4.		the electoral child from completion of the 14. Life Year.

(2) The right of consent in accordance with paragraph 1 shall not apply if the person entitled to consent has concluded the acceptance contract as the legal representative of the ballot child, if it is not only temporarily incapable of being able to communicate, or if the person who is responsible for the acceptance of the contract is not only temporarily unable to A stay of one of the persons referred to in paragraph 1 (1) (1) to (3) has been unknown for at least six

(3) The court has to replace the refusal of consent of one of the persons referred to in paragraph 1 (1) (1) to (3) at the request of a part of the contract, if there are no justifiable reasons for the refusal. "

4. In § 182a, the turning point in paragraph 1 is deleted "the Marriage Good" .

5. § 543 is repealed.

6. § § 669 to 671, together with the recitals, shall be repealed.

7. § 788 reads:

" § 788. What the deceased has given to a child in the lifetime of a child in order to be endowed or immediately to enter an office or business or to pay the debts of a full-year child shall be included in the compulsory part. "

8. The headings of the 28. The main item is:

" Twenty-eighth Main Piece

From the medical records and the right to equipment "

9. § 1217 together with headline reads:

" Final Act

§ 1217. Acts of marriage shall mean those contracts which are concluded with the intention of the marijuly connection of the assets. They are subject to the agreement of the goods community and the inheritance agreement. "

10. § § 1218 and 1219 together with transcripts shall be repealed.

11. The § § 1220 to 1223 are together with the headline:

" Equipment

§ 1220. If a child does not have his/her own assets, parents or grandparents are obliged to the children in accordance with the order and the principles on which they are responsible for the maintenance of the children or grandchildren in their contentions to provide equipment or to contribute in a proportionate way.

§ 1221. If parents or grandparents rely on their inability to order adequate equipment, the court must decide on the subject at the request of the eligible person, but without a strict investigation of the property.

§ 1222. If a child has been married without knowledge or against the will of his parents and the court finds the cause of the disapprochment, the parents themselves are not guilty, in the event that they subsequently approve the marriage, not guilty of a Equipment to be provided.

§ 1223. If a child has already received his equipment and, even if without his fault, it is lost, then it is no longer justified-even if another marriage is to be committed-to demand a new one. "

12. § § 1224 to 1232 together with transcripts shall be repealed.

13. The recitals to § 1233 shall be replaced by the following heading:

"Community of goods"

14. In § 1237 the title reads:

"Legal marital state of goods"

15. In § 1237, according to the words "has the other" the twist "as long as the marriage exists," inserted.

16. § § 1242, 1244 and 1245 together with transcripts shall be repealed.

17. § § 1255 to 1261, 1263 and 1264 together with transcripts shall be repealed.

18. In § 1265 the heading is replaced by the following heading:

"Annulment of the marriage"

19. In § 1265 the parenthesis is deleted "(§ 102)" .

20. § 1266 with headline reads:

" Divorce or annulment of marriage

§ 1266. In the event of divorce or annulment of marriage with the same or without fault or divorce in agreement, the couple shall have an effect on the two parts, unless otherwise agreed. Apart from that, the guilty or guilty spouse not only deserves full satisfaction, but from the time of divorce everything that has been given to him in the married couples in the case of survival. The assets of which a community of goods have passed will be shared as in the case of death, and the right to a contract of inheritance shall be reserved for the debtor or the under-culprit for the death. The legal succession (§ § 757-759) cannot appeal to a divorced, albeit culpable or under-school spouse. "

21. In § 1486, at the end of Z 6, the point is replaced by a stroke point and the following Z 7 is added:

" 7.		of equipment. "

Article 2

Amendment of the Rules of Dispute

The challenge order, RGBl. No 337/1914, as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 8/2006, is amended as follows:

1. In § 3, the line point at the end of the Z 2 is replaced by a point and the Z 3 is removed.

2. The following provision shall be added to § 20:

" Transitional provision on the FamRÄG 2009

§ 21. The repeal of § 3 Z 3 by the Federal Act BGBl. I n ° 75/2009 shall enter into force 1. Jänner 2010 in force. § 3 Z 3 is to continue to apply in the current version to the legal acts which are before the 1. January 2010 will be carried out. "

Article 3

Amendment of the compensation order

The compensation order, BGBl. II No. 221/1934, as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 18/2007, is hereby amended as follows:

1. § 25 shall be repealed.

(2) The following paragraph is added to § 94:

" (4) The repeal of § 25 by the Federal Law BGBl. I n ° 75/2009 shall enter into force 1. Jänner 2010 in force. § 25 shall continue to be applied to marriage goods granted before it. "

Article 4

Amendment of the Non-Strike Act

The Extrastreit Law BGBl. I n ° 111/2003, as last amended by the Federal Law BGBl. I n ° 40/2009, shall be amended as follows:

(1) The following paragraph 3 is added to § 90:

" (3) The Court shall determine in an appropriate manner whether the adoption is in accordance with the welfare of the minor of the electoral child. For this purpose, it shall also be required to obtain information from the criminal record on the electoral elders and, where appropriate, of persons in their close family environment. "

2. According to § 91 of the German External Strings Act, the following § § 91a to 91d shall be inserted together with the headings:

" 2a. Section

Recognition of foreign decisions on the adoption of children

Recognition and refusal

§ 91a. (1) A foreign decision on the acceptance of a child shall be recognised in Austria if it is legally binding and if there is no reason to refuse to recognise it. Recognition can be assessed independently as a preliminary question, without the need for a special procedure.

(2) The recognition of the decision shall be refused if:

1.		it clearly contradicts the child's welfare or other basic values of the Austrian legal system (ordre public);
2.		the legal hearing of one of the parties has not been respected, unless it is manifestly in agreement with the decision;
3.		the decision is incompatible with an Austrian decision or an earlier decision which fulfils the conditions for recognition in Austria;
4.		the recognised authority would not have been internationally competent in the application of Austrian law.

(3) The recognition shall also be refused at any time at the request of any person whose rights of consent were not respected under the applicable law, in particular because it did not have the possibility of participating in the proceedings of the State of origin.

Recognition procedure

§ 91b. (1) The recognition of the decision in an independent procedure may apply for who has a legal interest in it.

(2) The application shall be followed by a copy of the decision and proof of its legal force in accordance with the law of the State of origin. Moreover, if a party which has not applied for recognition has failed to enter into the proceedings of the State of origin, proof of the service of the document which was incorporated into the proceedings or a document shall be proof of that: From which it appears that this party is manifestly in agreement with the foreign decision.

(3) The Court of First Instance shall include the electors and the electoral child, but not other persons involved in the foreign proceedings concerning the acceptance of a child, in the proceedings.

(4) 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 which has not applied for recognition is abroad, and if a recourse or a reply is its first opportunity to participate in the procedure, the time limit shall be for the Recurs or replying to the recourse for two months.

Non-recognition request

§ 91c. § § 91a and 91b shall apply mutatily to requests for the non-recognition of foreign decisions on the acceptance of a child.

Priority of international law

§ 91d. § § 91a to 91c are not applicable to the extent to which, according to international law, others are determined. "

Article 95 (1) reads as follows:

" (1) If a party is not represented by a lawyer in the case of divorce proceedings and does not have any advice on the consequences of the divorce, including the consequences of social insurance law and the conditions of the divorce, , the Court of First Instance shall draw attention to such advisory services and, in general terms, to the disadvantages which may arise from insufficient knowledge of these consequences. The party shall be given the opportunity to obtain advice. A new extension for this reason is inadmissible. The court has to announce the next hearing for an appointment in a period of six weeks. "

§ 106 together with headline reads:

" Survey of the Youth Welfare carrier

§ 106. The youth welfare carrier may be heard before injunctions on care and education or on the right to personal traffic, as well as prior to the approval of agreements on these matters. "

5. According to § 111, the following § 111a together with the heading is inserted:

" Proceedings under the Hague Convention on Child Abduction

§ 111a. The provisions of this Section shall also apply to proceedings under the Hague Convention of 25 June 1995 on the implementation of the Hague Convention. October 1980 on the civil aspects of international child abduction, BGBl. No. 512, apply. "

6. According to § 207d the following § 207e with headline is inserted:

" Entry into force and transitional provision to the Federal Act BGBl. I No 75/2009

§ 207e. § § 90, 91a to 91d, 95, 106 and 111a in the version of the Federal Law BGBl. I n ° 75/2009 will be 1. Jänner 2010 in force. § § 95 and 111a of the external law are to be applied in the version of this Federal Act, if the application is brought to court after 31 December 2009. "

Article 5

Amendment of the marriage law

The marriage law, dRGBl. 807, as last amended by the Federal Law BGBl. I n ° 92/2006, is hereby amended as follows:

1. In § 82 (2), first sentence, after the turn "shall be included in the breakdown," the twist "if this has been agreed," inserted.

Section 87 (1) reads as follows:

" (1) For the marriage, the court may, if it is protected by property or other rights in rem of one or both spouses, transfer the property or the legal right from one to the other spouse or to the Order a debt-law relationship in favour of a spouse. The transfer of the property or a right in rem in a marriage apartment in accordance with section 82 (2) may exclude the spouses by agreement. "

§ 97 reads as follows:

" § 97. (1) Agreements which determine in advance the division of marital savings or the division of the marriage dwelling shall be subject to the legal validity of the form of a notarial act. Agreements which regulate in advance the division of the remaining matrimonial property, require the written form.

(2) The court may only derogate from a pre-established agreement on the division of matrimonial savings and marital utility with the exception of spouses, provided that the agreement is in a Total consideration of the assets to be included in the allocation at the time of the decision to split a part unreasonably at a disadvantage, so that it is unreasonable for the person to be kept.

(3) The court may not depart from a pre-established agreement on the use of the marriage by a spouse, unless the other spouse or a common child does not adequately meet his or her life needs. , or would have to accept a significant deterioration in its living conditions.

(4) The Court of First Instance departs from an agreement concluded in advance, in particular the organisation of marital life, the duration of the marriage and the extent to which the agreement provides legal advice. , and in what form it was closed.

(5) The provisions of paragraphs 1 to 4 shall not apply to such agreements which the spouses have concluded in connection with the procedure for divorce, annulment or annulment of marriage. "

4. In § 98 (1) the expression "§ 97 (2)" by the expression "§ 97 (5)" replaced.

Article 6

Amendment of the Executive Order

The executive order, RGBl. No 79/1896, as last amended by the Federal Law BGBl. I n ° 40/2009, shall be amended as follows:

1. § 382a (2) reads:

"(2) Preliminary maintenance pursuant to para. 1 may be granted, at most, up to the respective age-dependent amount of the family allowance according to the Family Tax Equalization Act."

2. According to § 413, the following § 414 shall be added together with the heading:

" Entry into force and transitional provisions on the Family Rights Amendment Act 2009

§ 414. § 382a in the version of the Federal Law BGBl. I n ° 75/2009 shall enter into force 1. Jänner 2010 shall be in force and shall be applied in the version of this Federal Law if the application for interim subsists is brought to court after 31 December 2009. "

Article 7

Amendment of the Fees Act 1957

The Fees Act 1957, BGBl. No. 267, as last amended by the Federal Law BGBl. I n ° 34/2009, shall be amended as follows:

1. In § 33 of the subsection of the collective bargaining post 11 (2), the phrase "the marriage good or" .

(2) The following paragraph 22 is added to Article 37:

" (22) § 33 of the German Collective Bargaining Agreement 11 (2) in the version prior to the Federal Act BGBl. I n ° 75/2009 must be applied for the last time to situations where the fee is to be paid before the 1. Jänner 2010 is being created. "

Article 8

The court fee law, BGBl. No. 501/1984, as last amended by the Federal Law, BGBl. I n ° 52/2009, shall be amended as follows:

1. In § 2 Z 1 lit. h becomes the turn " Tarifpost 12 lit. a to c as well as f and g " through the turn " Tarifpost 12 lit. a to c and f to h " replaced.

2. In tariff post 1 Note 9, the amount shall be: "222 Euro" by the amount "269 Euro" replaced.

3. In tariff post 5 Note 1a, the last sentence is deleted.

4. In the tariff post 7, the lit. c:

Rate post	Subject matter	Level of charges
7	" (c) Decisions 1. on the approval of legal acts of nursing care products (§ 132 of the External StrG)	116 Euro
	2. on the confirmation of the Pflegschaftsinvoice (§ 137 of the External Strg Act)	a quarter of the compensation granted to the person responsible for asset management, but at least 74 euros "

5. In tariff post 8, in the column "Amount of the flat-rate fees" the thousand-rate "3 vT" shall be replaced by "5 vT" and the minimum amount of "EUR 49" shall be replaced by the minimum amount of "65 Euro".

6. In tariff post 12

a) in the lit. a Z 2 in the column Amount of fees and in Note 3 the amount "209 Euro" by the amount "253 Euro" as well as in Note 3, the amount "314 Euro" by the amount "379 Euro" replaced;

b) is deleted in lit. b Z 1 the word order "Marriage good or";

c) receives the previous lit. g the letter name "h)" and

d) is the new lit. g:

Subject matter	Level of charges
" (g) Visits and proceedings concerning applications pursuant to § 178 ABGB;	116 Euro "

(e) the following notes 6 and 7 shall be inserted after note 5:

" 6. The fee for TP 12 lit. g is to be paid for a request to regulate the right of visitation. It must also be paid for a request for modification of an existing scheme and for a request for enforcement.

7. The fee after TP 12 lit. g is not to be paid for an application for the enforcement of an existing regulation of the right to visit, if the applicant has already had to pay a fee for such a request in the six months prior to the application. The same shall apply to applications pursuant to § 178 (1) and (2) ABGB if the applicant has already paid a fee for such a request in the six months prior to the application. "

7. In Art. VI the following Z 36 is added after Z 35:

" 36.		§ 2 and the tariff items 5, 7 and 12 lit. g and h together with Note 6 and 7 in the version of the Federal Law BGBl. I No 75/2009 will enter into force on 1 July 2009. The tariff post 8 in the version of the Federal Law BGBl. I No 75/2009 should be applied to the abandonship of the first instance in which the decision to reply was made to the office after 31 July 2009 for the preparation of the reply. Tariff items 1 and 12 lit. a together with Note 3 in the version of the Federal Law BGBl. I No 75/2009 shall apply to proceedings of the first instance in which the application or the request for proceedings or the continuation of the request has been brought before the Court of First Instance after 31 July 2009. The tariff post 7 in the version of the Federal Law BGBl. I No 75/2009 should be applied to decisions taken after 30 June 2009. The tariff post 12 lit. g and h together with Note 6 and 7 in the version of the Federal Law BGBl. I No 75/2009 shall apply to proceedings of the first instance in which the application for preliminary proceedings has been brought before the Court of First Instance after 30 June 2009. § 31a is based on the Federal Act BGBl. I n ° 75/2009 on newly measured fee levels in tariff items 1, 7 (lit. c), 8 and 12 (lit. a Z 2, lit. (g) and (h) and Note 3) subject to the proviso that the basis for the redetermination of the underlying amended charge amount shall be the index of the index of the index of the Federal Statistical Office of Statistics Austria, which was published in March 2009 published consumer price index 2000. "

Article 9

Amendment of the Jurisdiction Standard

The jurisdictional norm, RGBl. N ° 111/1895, as last amended by the Federal Law BGBl. I n ° 30/2009, shall be amended as follows:

Section 20 shall be amended as follows:

(a) Before the previous text, the sales designation shall be: "(1)" inserted and inserted in Z 2 at the end the following turn:

"as well as in the case of their companions or those persons who are related to them in a straight line or in the sidelines to the second degree"

(b) The following paragraph 2 is added:

"(2) The judge shall be excluded, in the cases specified in section 1 (2) and (3), with regard to the persons designated there, even if the close relationship to these persons no longer exists."

Article 10

Amendment of the Rules of Conkurt

The bankruptcy order, RGBl. No 337/1914, as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 30/2009, shall be amended as follows:

1. In § 29, the stroke point at the end of the Z 2 is replaced by a point and the Z 3 is removed.

§ 55 shall be repealed.

(3) The following paragraph 8 is added to § 254:

" (8) The elevations of § 29 Z 3 and § 55 in the version of the Federal Law BGBl. I n ° 75/2009 will be 1. January 2010 in force; § 29 Z 3 shall continue to apply to legal acts which are before the 1. January 2010 is carried out, § 55 on Marriage goods granted before it. "

Article 11

Amendment of the Notarial Act

The Notariatsaktsgesetz, RGBl. No 76/1871, as last amended by the Federal Law BGBl. I n ° 68/2008, is hereby amended as follows:

§ 1 para. 1 lit. c is repealed.

Article 12

Amendment of the Code of Notarial Code

The Code of Notarial Order of 25 July 1871, RGBl. No 75/1871, as last amended by the Federal Law BGBl. I n ° 68/2008, is hereby amended as follows:

Section 33 is amended as follows:

(a) para. 1 reads:

" (1) In matters in which the notary himself is involved, in matters of his or her spouse or those persons who are in a straight line with him, are either wasted or connected by adoption or by means of which he or she is involved in the sidelines to the fourth degree The notary shall not accept any notarial surcharge in the case of his or her life-mate or those who are related to the latter in a straight line or in the sideline to the second degree. The same shall apply if, in a document, an order is to be made available to one of the persons mentioned above or to the advantage of one of the aforementioned persons. "

(b) In paragraph 2, the following paragraph 3 is added:

"(3) In the cases specified in paragraph 1 above, the notary shall not accept any notarial certificate in respect of the persons referred to therein, even if the close relationship to these persons no longer exists."

Article 13

Amendment of the Private Foundation Act

The private foundation law, BGBl. N ° 694/1993, as last amended by the Federal Law BGBl. I n ° 120/2005, is amended as follows:

Section 15 (3) reads as follows:

" (3) If a beneficiary is a legal person in which a natural person is involved in the meaning of Section 244 (2) of the UGB, this natural person, his spouse, his or her partner as well as persons who are in a straight line with the natural person may be entitled to Line or up to the third degree of the sidelines are not members of the foundation board. "

Article 14

Amendment to the 1972 Tilgungsgesetz

The Federal Act on the Eradication of Convictions and the Restriction of Information (Tilgungsgesetz 1972), BGBl. N ° 68/1972, as last amended by the Federal Act BGBl. I n ° 40/2009, shall be amended as follows:

1. In § 6 para. 1 the following Z 1b is inserted:

" 1b.		the courts for the purpose of judicial proceedings, which shall serve the benefit of persons under the special protection of the law, with regard to the parties, their legal representatives, agents and persons acting on behalf of the to be appointed by legal representatives, as well as their close family environment, "

2. In § 9 the following paragraph 1h is inserted:

" (1h) § 6 para. 1 Z 1b in the version of the Federal Law BGBl. I n ° 75/2009 shall enter into force 1. Jänner 2010 in force. "

Article 15

Amendment of the Maintenance Advance Act 1985

The Maintenance Advance Act 1985, BGBl. No 451, as last amended by the Federal Law BGBl. I No 112/2003, shall be amended as follows:

1. § 3 Z 2 reads:

" 2.		the maintenance debtor does not make the current maintenance contribution in full and makes the child credible (Section 11 (2)), an executive order pursuant to section 294a of the EO or, if the maintenance debtor does not appear to have been The maintenance requirement or no other requirement in continuous references to have submitted an executive request for movable physical property, taking into account § 372 EO; lives the maintenance debtor abroad and has to be in the If the child is executed abroad, the child has to be credited (§ 11 para. 2), an application for enforcement under the Convention on the assertion of maintenance claims abroad, BGBl. No. 316/1969, the Foreign Maintenance Law, BGBl. No 160/1990, a comparable application to be submitted to the competent authority of the country or a request for the application of appropriate enforcement measures directly abroad. '

2. In § 4, the stroke point at the end of the Z 4 is replaced by a point and the Z 5 is removed.

3. In § 6 (2)

(a) in the introduction rate of the expression "§ § 5 Z 4 and 7" by the expression "§ 5 (4) and § 7" ,

b) in Z 1 the turn "a quarter" through the turn "thirty-five percent",

c) in Z 3 the turn "three quarters" through the turn "sixty-five percent"

replaced.

4. In § 7

(a) paragraph 1 shall be 1:

" 1.		in the cases of § § 3 and 4 (1) (1), the fact that the maintenance obligation fixed in the resection title is not (more) exists or that the statutory maintenance obligation is not accordingly too high; "

(b) the following sentence shall be added to paragraph 2:

" The decision granting advances pursuant to Sections 3 or 4 (1), (2) or (4) shall be subject to the termination of the deprivation of liberty upon request or, if the court thereof has been notified, of its own motion without examination of the conditions of the award of the grant of liberty. if the child is still a minor at that time, the period for which the advances have been granted shall be extended by the duration of the advance grant in accordance with § 4 Z 3. "

5. In § 8, the word "Three" by the word "five" replaced.

6. § 9 para. 3 second sentence reads:

" In the case of advance payment only in accordance with § 4 Z 2 or 3, the youth welfare carrier shall be relieved if it is unable to contribute to the enforcement of the child's maintenance claim after the situation of the case and no arrears from advances according to § 3 or § 4 Z 1 or 4. "

7. According to § 10, the following § 10a and headline shall be inserted:

" Special procedural provisions

§ 10a. In proceedings under this federal law, a cost replacement shall not take place. "

8. In § 12, the word "is" through the turn "and the President of the Higher Regional Court are replaced" .

9. In § 13

(a) at the end of the first paragraph of paragraph 1, the supplement shall be replaced by a line point and the following phrase shall be added:

"If the amount of the advances is determined in accordance with § 6 (2), then instead of determining a fixed amount, the monthly advance shall be granted in the respective amount according to § 6 (2),";

(b) is paragraph 1 Z 2:

" 2.		designate the payee and, where appropriate, the person in whose care and education the child is located, ";

(c) shall be expressed in paragraph 1 Z 5 of the expression "§ 4 Z 2, 3 or 4" by the expression "§ 4 Z 2 or 3" replaced;

(d) is paragraph 2:

" (2) In addition, the decision to refer to the obligation to provide a notification in accordance with § 21 and the obligation to replace it shall be referred to in § 22. If the amount of the advances is determined in accordance with Section 6 (2), it should be pointed out that the President of the Higher Regional Court shall be responsible for the amount of the advances in each case according to § 6 para. 1 and the age of the child without any further application "

10. In § 14, the phrase "and the payee" through the phrase ", the payee and, where appropriate, the person in whose care and education the child is located," replaced.

11. § 16 para. 2, first sentence reads:

" If the decision is taken against the decision of consent, the first court or the court of appeal shall, in so far as concerns justified by the objections raised, have reasonable doubts as to the accuracy of the decision under appeal, by decision without delay shall be ordered to hold the full train until the legal force of the decision of consent is entered. "

12. In Section 18 (1), the word shall be used in the introduction "Three" by the word "five" replaced.

13. In § 19, the previous paragraph 3 receives the sales designation "(4)" ; the following paragraph 3 is inserted:

"(3) As a modification of the advances in the meaning of paragraphs 1 and 2, it shall also apply if the advances are first granted on the basis of § 4 Z 4 or a preliminary incarnate and thereafter the maintenance contribution (final) is fixed."

14. § 21 reads:

" § 21. The legal representative of the child and the person in whose care and education the child is situated, the payee and the debtor shall immediately have the entry into the court of any reason for the reduction or to communicate the cessation of the advances. "

15. In § 22, the previous para. 2 and 3 will receive the sales designation "(3)" and "(4)" ; (1) and (2) are:

" (1) For advances which have been wrongly paid on the basis of a decision, amended or repealed in the appeal procedure, or contrary to a reduction or cessation of advances, and which have not been withheld in accordance with Article 19 (1) of the last half-sentence , the legal representative of the child and the person in whose care and upbringing is the child, the payee and the debtor for the maintenance of an undivided hand, but only the person responsible for the granting of the advances shall be liable. by inaccurate information in the statement (§ 11 para. 2) or by violation of the Obligation to provide information (§ 21) intentionally or with gross negligence, or has used the advances intentionally or with gross negligence for the maintenance of the child.

(2) In the case of a child, the child shall pay back the unjustly granted advances to the extent that they cannot be brought up in accordance with paragraph 1 and have not been consumed for the child's maintenance. "

16. § 24 reads:

" § 24. In the case of decisions to grant or continue to grant advances, the debtor has a flat-rate charge of the amount of the monthly advance granted (further granted), the procedure for the increase of the advances, and the amount of the advance payment. Flat fee in the amount of the legally valid monthly increase amount to be paid, for appeal procedures, flat-rate fees are to be paid in accordance with the tariff post 12a GGG. Procedural assistance for the indiscriminate exemption from the payment of the flat-rate fees can be applied effectively until the termination of the procedure on the pre-payment of the fee. Moreover, the parties to the procedure shall be exempted from the obligation to pay other charges and costs for the grant, re-granting, modification or suspension of advances. "

17. In § 26 (1) the expression "§ § 3 and 4 Z 1, 4 and 5" by the expression "§ § 3 and 4 Z 1 and 4" replaced.

18. In § 27

(a) in paragraph 1, the phrase "the child's claim to the maintenance contributions due within six months preceding the submission of the application for advance payment," and the word "other" repealed ;

(b) in paragraph 3, the word "their" by the word "his" replaced.

19. § 28 (2) reads:

" (2) The decision on the granting of advances in accordance with § 4 Z 2 shall be deemed to be an order of the Exectection. In the executive order, the President of the Higher Regional Court must declare the amount of the claim to be enforced in accordance with § 6 (2) in terms of quote; the amounts shall be shown in a comprehensible way. A proof according to § 10 EO with regard to the amounts pursuant to § 6 para. 2 does not require. An excution title, if any, for the period of advance payment shall be excreted to the performance of the maintenance in so far as it is provided. "

20. In § 33 (1)

a) in the second sentence, the word "five" by the word "eight" ,

(b) in the last sentence, the turn "Federal Minister for Family, Youth and Consumer Protection" through the turn "Federal Minister for Economic Affairs, Family and Youth"

replaced.

21. § 34a reads:

" § 34a. (1) For the purpose of repayment and repayment of maintenance payments as well as the exchange of information to the parties to the proceedings, the following data may be read between the Presidents of the Oberlandesgericht and the Youth Welfare Sponsors by means of machine-readable Data carriers or in the way of data remote processing are transmitted or directly queried:

1.		the name of the case,
2.		Role, name, academic title, date of birth, place of birth, sex, citizenship, occupation, address, social security number, account data and, if need be, date of death of the parties involved in the process automation justice system;
3.		the name of the operation, the amount of the amount and the amount of the advance, balance and account movements, payout information, and waivers and amortisation, including those relating to surpluses,
4.		the data of the decisions taken in the procedure for the granting of advances.

(2) Bundesrechenzentrum GmbH may be used for the transmission or interrogation according to paragraph 1.

(3) For the purpose of carrying out their duties under this Federal Act, the Youth Welfare Carrier and the Pflegschaftsgericht (Pflegschaftsgericht) shall be subject to electronic insight into the respective case data, including the claim and personal data as well as the data relating to the case data. and repayment movements of the advance payments, which are stored in the electronic databases of the UV application of the President of the Higher Regional Court, in accordance with the technical possibilities as well as with the acceptance of a simple and Economical administration and adequate security against misuse by third persons to be granted. "

22. According to § 34a, the following § 34b is inserted:

" § 34b. (1) Insofar as this is necessary for the performance of the tasks under this Federal Act, the President of the Higher Regional Court shall have the power to inquire in the procedural automation of justice data, in particular those relating to the maintenance debtor's, Bankruptcy and abandonation proceedings.

(2) The data requested in accordance with paragraph 1 may include the name of the court, the number of records and the name of a youth welfare carrier involved in the proceedings by means of machine-readable data carriers or in the path of the information requested by the youth welfare authorities. Data remote processing is transmitted or made available for direct query.

(3) Bundesrechenzentrum GmbH may be used for the transmission or interrogation according to paragraph 2 of this article. "

23. In § 36 (2)

a) in Z 1 the turn "Federal Minister for the Environment, Youth and Family" by the turn " Federal Minister for Economic Affairs, Family and Youth " ,

b) in Z 2 the turn "Federal Minister for Labour and Social Affairs" through the turn "Federal Minister for Labour, Social Affairs and Consumer Protection"

replaced.

24. In accordance with § 36, the following § 37 with headline is inserted:

" Entry into force and transitional provisions

§ 37. (1) § § 3, 4, 6, 7, 8, 9, 10a, 12, 13, 14, 16, 18, 19, 21, 22, 24, 26, 27, 28, 33, 34a, 34b and 36 in the version of the Federal Law BGBl. I n ° 75/2009 will be 1. Jänner 2010 in force.

(2) § § 3 Z 2, 8, 10a, 12, 18 para. 1, 24 and 27 para. 1 in the version of the Federal Law BGBl. I No 75/2009 shall apply to proceedings under this Federal Act for which the application for proceedings has been lodged with the court after 31 December 2009 or which have been initiated by the Office after 31 December 2009.

(3) § § 4 (5) and (26) (1) are to be applied in the version previously in force for proceedings for which the application for proceedings before the 1. Jänner was in court in 2010. As long as arrears consist of advances according to § 4 Z 5, the youth welfare carrier is not to be dismissed in the case of the advance grant only in accordance with § 4 Z 2 or 3 (§ 9 para. 3).

(4) The President of the Higher Regional Court has 1. January 2010 the maintenance advance for all warrants effective at this time in the cases of § 4 Z 2, 3 and 4 with the increased amount of § 6 para. 2 Z 1 in the version of the Federal Law BGBl. I No 75/2009.

(5) § 6 para. 2 Z 3 is to be applied further in the version currently in force if the child is on the 1. January 2010 the 14. Life year has already been completed.

(6) § § 7 (1) Z 1, 9 (3), 13 (1) and (2) and 14 are to be applied further in the current version if the respective first-instance decision is before the 1. Jänner 2010 was taken.

(7) § 7 (2) is to be applied further in the version currently in force if the termination of the deprivation of liberty before the 1. Jänner 2010.

(8) § 10a in the version of the Federal Law BGBl. I No 75/2009 shall apply to all proceedings under this Federal Act for which the procedural motion for a decision has been brought to the Court after 31 December 2009.

(9) § 16 (2) is to be applied further in the version currently in force if the recourse before the 1. Jänner was in court in 2010.

(10) § 19 (3) in the version of the Federal Law BGBl. I No 75/2009 shall apply to proceedings in which the application for an advance on the basis of Article 4 (4) (4) or an indiscriminate order has been received by the court after 31 December 2009.

(11) § 22 in the version of the Federal Law BGBl. I No 75/2009 shall apply to acts and omissions that have been made after 31 December 2009.

(12) § 28 (2) in the version of the Federal Law BGBl. I No 75/2009 shall apply to proceedings in respect of which the President of the Higher Regional Court, after 31 December 2009, has received a request from the President of the Higher Regional Court for the application of the request. '

Article 16

Amendment of the Copyright Act

The copyright law, BGBl. No 111/1936, as last amended by the Federal Law BGBl. I No 81/2006, is hereby amended as follows:

Section 55 (1) reads as follows:

" (1) If nothing else has been agreed upon, the orderer and his heirs, as well as the pictured and after his death, the orderer and his/her surviving spouse shall be entitled to an image of a person created on the order of order. or life-threatening individual light images, or can be produced by another, even against pay. "

Section 75 (1) reads as follows:

" (1) If nothing else has been agreed upon, the orderer and his heirs, as well as the pictured and after his death, shall be entitled to a photograph of a person on the order of a person, and his survivor shall be allowed to live in a straight line with him. The spouse or the partner of life may produce individual copies or have them manufactured by another person, including for remuneration, but in a photographic process only if they have been produced in such a procedure. Copies of the holder not at all, or only with disproportionate can get a lot of trouble. "

Section 77 (2) reads as follows:

" (2) In the sense of the first paragraph, close relatives are the relatives in the ascending and descending line as well as the surviving spouse or life-mate. The first-degree relatives and the surviving spouse or life-mate enjoy this protection period of their life, other relatives only if, since the end of the death year of the author, ten years have not yet elapsed. "

Article 17

Amendment of the Code of Civil Procedure

The Civil Procedure Code, RGBl. N ° 113/1895, as last amended by the Federal Law BGBl. I n ° 40/2009, shall be amended as follows:

(1) § 321 is amended as follows:

(a) In paragraph 1 (1), after the expression: "Foster" the twist "and his partner as well as his relatives in a straight line or up to the second degree of the sidelines" inserted.

(b) para. 2 reads:

"(2) The statement may be refused in the cases specified under (1) (1) (1) and (2) with regard to the persons designated there, even if the close relationship to the witness no longer exists."

2. § 460 Z 6a reads:

" 6a.		If a party is not represented by a lawyer and has no advice on the full consequences of the divorce, including the social insurance implications and the conditions of an opposition to the liability for credit, in The Court of First Instance shall draw attention to such advisory services and, in general terms, to the disadvantages which may arise from insufficient knowledge of these consequences. The meeting shall be extended to provide the party with an opportunity to obtain advice, unless it is intended to delay the process disproportionately or to make it appear to be manifestly delayed. A new extension for this reason is inadmissible. The court has to announce the next hearing for an appointment in a period of six weeks. "

Article 18

Transitional and final provisions

Personal names

§ 1. In the case of all personal names, the chosen form applies to both sexes.

entry into force

§ 2. This federal law comes with 1. January 2010 in force, unless otherwise specified.

§ 3. § 181 ABGB, § 95 of the German Stock Corporation Act, § § 82, 87, 97 and 98 of the German Code of Law, as well as § 460 ZPO, are to be applied in the version of this federal law if the procedural application or the lawsuit is brought before the court after 31 December 2009.

§ 4. Prior to the entry into force of this Federal Act, the provisions currently in force shall continue to be applied.

Fischer

Faymann