Law Amending The Code Of Civil Procedure, Law On Court Fees And The Law Of Succession (Retsmægling Etc.)

Original Language Title: Lov om ændring af retsplejeloven, lov om retsafgifter og arveloven(Retsmægling m.v.)

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=115711

Law amending the code of civil procedure, law on court fees and inheritance law

(Retsmægling, etc.)

WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:

The Danish Parliament has adopted and we know Our consent confirmed the following law:

§ 1

In the code of civil procedure, see. lovbekendtgørelse nr. 1261 by 23. October 2007, shall be amended as follows:

1. In article 32, paragraph 4, 2. paragraph, shall be replaced by ' paragraphs 1, 2 and 4. paragraph ' to: ' (1), 3.-5. point ' 2. In article 32, paragraph 5, 2. paragraph, shall be replaced by ' paragraphs 1, 2. paragraph ' to: ' (1), (3) section ' 3. In paragraph 41 (d) is inserted after paragraph 1 as new paragraph: "(2). The right of access does not include confidential documents alone are concluded in a retsmægling of the basic regulation. section 277 (1). ';






Paragraph 2-4 become paragraphs 3-5.



4. In section 41 d, paragraph 4, which will be the fifth paragraph shall be replaced by ' paragraph 3, nr. 2 or 3 ': ' paragraph 4, nr. 2 or 3 '.

5. In paragraph 44 (b) of paragraph 1, the words ' paragraph 4 ', to: ' section 5 '.

6. In article 170, paragraph 1, the words ' defenders and lawyers ' to: ' defenders, retsmæglere and lawyers '.

7. In article 170, paragraph 2 1. paragraph, the words ' the doctors and lawyers ' to: ' doctors, retsmæglere and lawyers '.

8. After section 270 shall be inserted:

» Chapter 27

Retsmægling

§ 271. The provisions of this chapter shall apply to proceedings pending at the District Court, the High Court or the maritime and commercial court.

§ 272. The Court may, at the request of the parties, appoint a retsmægler to assist the parties to reach an agreed solution to a dispute, which the Parties shall have disposal over (retsmægling).

section 273. As retsmægler may be designated





1) a judge or clerk at that Office, as the case of the Chief Justice (at Bornholm judge) is appointed to act as retsmægler, or

2) a lawyer who has been accepted by the courts service to function as retsmægler in the relevant high court circuit.





(2). The Danish court administration shall lay down detailed rules on the assumption of lawyers as retsmæglere.

section 274. sections 60 and 61 shall apply mutatis mutandis to retsmæglere.

section 275. Retsmægleren defines the progress of retsmæglingen in consultation with the parties. With the consent of the parties retsmægleren can hold meetings with the parties separately.

section 276. A retsmægling be terminated if





1) the parties to reach an agreed solution to the dispute,

2) retsmægleren determines the or

3) one of the Parties requests it.





(2). Retsmægleren completes a retsmægling, if it is necessary in order to prevent the Parties shall conclude an agreement involving retsmæglingen offences or is otherwise contrary to mandatory law.

section 277. Information obtained during a retsmægling, are confidential, unless the parties agree otherwise, or the information is otherwise publicly available.

(2). Notwithstanding paragraph 1, a party may disclose information from a retsmægling, if





1) information obtained from the party itself, or

2) it follows from the law or provisions laid down by law, the information must be disclosed.





(3). Paragraph 2 shall apply mutatis mutandis to other participants in the retsmæglingen than the parties and retsmægleren.

(4). If the case continues in court after completing the retsmægling, notwithstanding paragraph 1, a party may, if necessary, use information received under retsmæglingen to justify a request to the Court to impose on the other party or the other to hand over documents, see. Chapter 28.

§ 278. Each Party shall bear its own costs in connection with a retsmægling, unless the parties agree otherwise.

section 279. After a retsmæglings ending retsmægleren must not act as judge or lawyer in the course of continued treatment.

(2). Notwithstanding paragraph 1, a judge who has served as retsmægler, on request, introduce an agreed solution as court settlements in the transcript of the proceedings and make the decision to withdraw the case. '

9. In paragraph 353 (1). 18, shall be replaced by ' organisation and ': ' organisation '.

10. section 353 (1). 19 is replaced by the following: ' 19) mediation and conciliation '

11. In Article 353, paragraph 1, the following is inserted as a no. 20:

» 20) alternative dispute resolution, including retsmægling. '

12. In section 393 (4) 2. paragraph shall be added after ' section: ' or ' 299 § 306, paragraph 1 '.

13. In paragraph 581, the words ' land ' to the judge: ' Land law '.

§ 2

The law on court fees, see. lovbekendtgørelse nr. 936 of 8. September 2006, as amended, inter alia, by section 7 of the Act No. 539 of 8. June 2006 and at the latest by the section 4 of Act No. 523 of 6. June 2007, is amended as follows:

1. In paragraph 49 (a) (1), (2). paragraph, the words ' on land registration offices ' to: ' by the land court or the district courts '.

§ 3

In inheritance law, Act No. 515 of 6. June 2007, shall be amended as follows:

1. In section 32 (1), (3). paragraph, section 84 (1), (3). PT., and § 96, paragraph 3, the words ' articles 226 and 227 ': ' § 226 '.

2. In paragraph 61, 3. paragraph, shall be replaced by ' paragraph 58 ' to: ' section 57. '

§ 4

(1). The law shall enter into force on the 1. April 2008, see. However, paragraph 2.

(2). The Minister of Justice shall determine the time of the entry into force of section 2 of the Act.

(3). A policyholder may not terminate an insurance agreement because of a change in the insurance terms and conditions, which are solely motivated by the introduction of rules on retsmægling, see. Chapter 27 of the code as amended by this Act, section 1, no. 8.

§ 5

The law does not apply to the Faroe Islands and Greenland, but section 3 may by Royal Decree is implemented in these regions with the variances, as the special Faroese and Greenlandic conditions warrant.
Given at Christiansborg Palace, on 12. March 2008 MARGRETHE r./Lene Espersen