Implementing Act on the German-Austrian bankruptcy contract (DöKVAG)

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DöKVAG

Date of completion: 08.03.1985

Full quote:

" Implementing Act to the German-Austrian bankruptcy contract of 8 March 1985 (BGBl. 535), most recently by Article 18 of the Law of 20 December 2011 (BGBl). 2854).

Status:

Last amended by Art. 18 G v. 20.12.2011 I 2854

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: 16.3.1985 + + +) 
(+ + + measures due to EinigVtr cf.  DöKVAG Annex EV + + +) 

  

First section
Rules for German bankruptcy proceedings

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§ 1 Jurisdiction on the basis of a branch office

By way of derogation from § 238 of the Code of bankruptcy, a bankruptcy procedure which has been opened in a place of jurisdiction referred to therein shall also include the property of the Community debtor situated outside the scope of that law, if for the The German courts have jurisdiction in accordance with the first sentence of Article 2 (3) of the Treaty of 25 May 1979 between the Federal Republic of Germany and the Republic of Austria in the field of concourse and settlement (compensation) law (BGBl. 1985 II p. 410). Unofficial table of contents

Section 2 Justification of the opening decision

If it is to be assumed that the property of the Community debtor is in Austria, the opening decision shall give a brief description of the actual findings and legal considerations, which shall be subject to the competence referred to in Article 2 of the Treaty for the German courts. Unofficial table of contents

Section 3 Cessation of the bankruptcy proceedings in favour of the Austrian courts

(1) If the bankruptcy court is not allowed to continue an already opened bankruptcy proceedings (Article 2, 3 (1) of the Treaty), it shall issue the proceedings in favour of the Austrian courts on its own behalf. Before the cessation, the bankruptcy court hears the liquidate administrator, the parish debtor and the creditors 'committee; if a creditor committee is not appointed, the court hears, as far as it does, the creditors' meeting. § 111 (2), § 112, 113, 191 (1), Article 205 (1) and, subject to the provisions of the fourth sentence of paragraph 3, § 206 of the Code of bankruptcy apply accordingly. (2) Effects of the bankruptcy proceedings which have already occurred prior to the termination of the bankruptcy proceedings and not the duration of the Proceedings shall remain in force even if they are contrary to the effects of a bankruptcy opened in Austria which, in accordance with the provisions of the Treaty, extend to the scope of this Act. The same applies to legal acts carried out by the bankruptcy administrator in the exercise of his administrative and disposal rights during the set procedure. (3) Is a bankruptcy proceedings before the primarily responsible Austrian The Court of First instance shall be informed of the imminent cessation of the proceedings and shall indicate in which documents the opening of the proceedings to be established has been published, in which public books and registers the opening, and who is bankruptcy administrator. The decision of the hiring is to designate the Austrian court in whose favour the proceedings are terminated. A copy of the hiring decision is to be sent to the Austrian court. § 206 of the bankruptcy order shall not apply. Unofficial table of contents

§ 4 Special Bankruptcy Manager

(1) The special bankruptcy administrator appointed by the bankruptcy court to exercise the powers of the bankruptcy administrator in the Austrian territory (Article 9 of the Treaty) shall be self-employed in his management, unless the court of bankruptcy meets another arrangement. The concourse manager alone shall carry out the tasks in the examination and determination of the claims as well as in the distribution of the mass. The name, business circle and, where applicable, restrictions in the management are to be noted in the official certificate of the appointment of the special bankruptcy administrator and shall be published in the Official Journal of the Vienna newspaper. (2) The Special bankruptcy administrator has to give information to the bankruptcy administrator about his management and to take account of it. Unless the bankruptcy court, the creditors 'meeting or the creditors' committee request otherwise, the liquidate administrator must also report and invoice for the business circle of the special bankruptcy administrator. If the special bankruptcy administrator carries out a cash register, the creditors ' committee may commission the bankruptcy administrator with their investigation in accordance with section 88 (2) sentence 2 of the bankruptcy order and determine a longer period of time between the investigations. (3) Bankruptcy court may also dismiss the special bankruptcy administrator at the request of the bankruptcy administrator of his office. § 80 of the Code of bankruptcy shall not apply. (4) The provisions of the bankruptcy order relating to the liquidate managers shall also apply to the special trustee administrator.

Second section
Rules for the support of Austrian bankruptcy procedures

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§ 5 entries in public books or registers

A request for registration in a public book or register by an Austrian court (Article 5 (2) of the Treaty) is to be applied where none of the grounds for failure referred to in the first sentence of Article 5 (2) of the Treaty has been made available to: , unless it is clear from the request or from a fact that the effects of the bankruptcy proceedings do not fall within the scope of the provisions of the Treaty, or from a fact which is manifest in the register or the basic office. of this law. If the request is received by an uncompetent register court or by an uncompetent land registry, the latter shall forward the request from its office immediately to the competent register court or Land Registry and shall inform it thereof. Requesting court. Unofficial table of contents

Section 6 Legal remedies against the refusal of registration

If the registration is refused, the property manager may also appeal the legal remedy in the proceedings. The procedure on appeal is free of charge. Unofficial table of contents

§ 7 Deletion of an entry at the request of the Austrian court

An entry in a public book or register (Article 5 (2) of the Treaty) is to be deleted free of charge on the basis of the request of the Austrian court, which had requested the registration. Unofficial table of contents

§ 8 Deletion of an entry on request

(1) An application shall be deleted upon application if one of the reasons for the failure referred to in the first sentence of Article 5 (2) of the Treaty exists if the effects of the bankruptcy proceedings do not apply in accordance with the provisions of the Treaty to the the scope of this law, or if the bankruptcist is repealed. The application, which shall be based on the cancellation of the bankruptcy, shall be accompanied by a copy or a publicly certified copy of the decision that the bankruptcy shall be lifted and the confirmation of the legal force of that decision. The register court or the Land Registry shall decide on the application in accordance with the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction. (2) The decision shall be taken against the request for deletion. the immediate appeal; the notice of appeal shall be one month and shall begin with the date of notification of the decision to the Austrian court, which had requested the registration. The immediate appeal may also be lodged by the masse-manager. If the decision by which the deletion is ordered is final, the registration must be deleted. (3) Costs are not collected in the proceedings; however, the register court or the Land Registry may impose expenses on a person concerned if: (4) As far as obligations arising out of the contract do not conflict, the general rules on the erasure of entries shall remain unaffected. The intended deletion shall be notified to the Court of First Instance, which had requested the registration, and shall indicate a reasonable period of time for an utterance. Unofficial table of contents

Section 9 Registration in the patent register

§ 5 sentence 1, § 6 sentence 2, § § 7, 8 para. 1 sentence 1 and 2, for the registration in the patent register (Section 30 of the Patent Law), in order to which an Austrian court is requested (Article 5 (2) of the Treaty), and for the deletion of such a registration. (3) and (4) accordingly. Against the decisions of the German Patent and Trademark Office, the appeal is made to the Federal Patent Court (Bundespatentgericht) (Section 73 of the Patent Act). The competent authority of the Austrian court may also appeal to the mass administrator, but the period of appeal shall begin with the date of the notification of the decision to the Austrian court. Unofficial table of contents

§ 10 Recovery by means of foreclosure

(1) If the debtor's assets are to be used in the course of foreclosure (Article 8 (2) of the Treaty), the proceedings shall be carried out by the asset-manager. The decision on the opening of the bankruptcy procedure is not required to be notified; the decision does not require an enforcement clause. (2) For the exploitation of a movable property in which a creditor is to be subject to the decision. Pursuant to Section 127 (1) sentence 2 and 2 of the bankruptcy order, the right of lien or a right under this same law shall apply mutatis-ly. The period shall be determined by the district court in whose district the object is located. (3) For the utilization of immovable objects, § § 172 to 174 of the law on forced auction and the forced administration shall apply. (4) With applications, Objections and reminders concerning the manner of enforcement or the proceedings to be observed by the bailider in the case of enforcement, and the immediate appeal against decisions of the Court of Enforcement may also be , the effects of the bankruptcy proceedings were not extended in accordance with the provisions of the Treaty, to the scope of this Act. Unofficial table of contents

Section 11 Order of coercive measures

(1) If the request of an Austrian court of bankruptcy or the application by a mass administrator to order coercive measures is to be ordered (Article 10 (1) of the Treaty), if an uncompetent court is in charge, that court shall forward the request or the request shall, on its own initiative, continue immediately to the competent court and shall inform the requesting bankruptcy court or the mass administrator requesting the coercive measure thereof. (2) Prior to the arrangement, no hearing of the debtor is required. In the order, the coercive measure is to be called. Unless otherwise requested in the request or in the request, the court shall give effect to the order of its order. It shall, where appropriate, initiate a copy of its order, which does not require an enforcement clause, and a certified copy of the request or the application to the bailier or another body responsible for the execution of the order. Compulsory measure are responsible. The request of the bankruptcy court or the application by the trustee shall be deemed to be a contract for the enforcement of the law. The court may also entrust the court enforcator with the delivery of the order. Unofficial table of contents

Section 12 Complaint against rejection of the order

If the order is rejected, the complaint shall take place. The property manager may also appeal the appeal if the Austrian bankruptcy court has asked for the order. Applications and declarations can also be submitted to the office of the office. Unofficial table of contents

Section 13 Immediate complaint against the order

The debtor has the right to appeal against the order. The immediate appeal shall also be admissible if the coercive measure has already been completed. § 12 sentence 3 shall apply mutatily. Unofficial table of contents

Section 14 Application of the Code of Civil Procedure

Unless deviations result from § § 11 to 13, the civil procedure for the procedure relating to a coercive measure shall apply mutagentily. The procedure in which a decision is taken on the request or on the request for the order of the coercive measure or on the appeal against the refusal of the order shall be free of charge. Unofficial table of contents

§ 15 Imprisonment of the debtor

The order of detention, the arrest of the debtor and the enforcement of the detention in order to appeal to an Austrian bankruptcy court (Article 10 (3) of the Treaty) are governed by § § 802g to 802i, 802j (1) and (2), 793 of the Code of Civil Procedure. § 11 (1), (2) sentences 3 to 5, § 12 sentence 2 and 3, § 14 sentence 2 shall apply accordingly. Unofficial table of contents

§ 16 Postal

The administrative authority of the postal administration shall issue the consignments for the debtor to the mass administrator if it receives a request from the Austrian bankruptcy court or the application by a mass administrator (Article 10 (2) of the Treaty) is presented. Unofficial table of contents

Section 17 Application for a court decision

(1) The debtor may request a court decision on whether the contract gives the obligation to follow the consignments to the bulk manager. (2) The local court, in whose district the postal administration authority is responsible, is responsible for the duties. has its seat. The application shall be made in writing or in accordance with the minutes of the office of the Court of First Instance. The district court shall decide by decision after hearing the mass manager or the special administrator. The legality of the postal barrier must not be verified. § § 570, 572 (4) of the Code of Civil Procedure shall apply mutas to the procedure. The decision shall be taken against the decision in accordance with the civil procedure. § 12, sentences 2 and 3 shall apply accordingly. The proceedings relating to the complaint of the mass administrator are free of charge. Unofficial table of contents

Section 18 Jurisdiction for the preliminary notice concerning the preseer

Where the challenge of the acquisition of a right to an immovable property (Article 16 of the Treaty), which is situated within the scope of that law, is brought before an Austrian court and is intended to challenge the dispute by: A preliminary note in the German land register is secured, so the court court in whose district the immovable thing is responsible for the proceedings of the inversion for which the preliminary note is to be registered or is registered is responsible for the proceedings of the preliminary note. is evidence. Unofficial table of contents

Section 19 Granting of the enforcement clause for Austrian decisions

For the purpose of issuing the enforcement clause for decisions, orders and the titles equivalent to them under Article 22 (3) of the Treaty, enforceable in Austria and within the scope of this Act pursuant to Article 22 of the Treaty (Article 22, 23 of the Treaty), § § 1 to 16 of the Act of 30 August 1962 between the Federal Republic of Germany and the Kingdom of the Netherlands on mutual recognition and enforcement shall apply. court decisions and other debt instruments in civil and commercial matters of 15 January 1965 (BGBl. 17), as last amended by Article 27 of the Law of 27 July 2001 (BGBl I). I p. 1887).

Third Section
Special provisions

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§ 20 Spare jurisdiction in Germany

If, in the cases provided for in Articles 20 and 21 of the Treaty, jurisdiction comes to the German courts and jurisdiction is not established within the scope of this Act, the district court in which the bankruptcy proceedings are pending shall be the competent court or tribunal. has been in charge of the litigation. If the dispute is part of the jurisdiction of the Landgericht, the district court in whose district the district court referred to in sentence 1 has its registered office shall be the competent authority. Unofficial table of contents

Section 21 Extension of the consequences of Austrian decisions

If, within the meaning of Article 17 of the Treaty, a commercial or other legal requirement is linked to the registration in the list which the bankruptcy court has to lead pursuant to Article 107 (2) of the Code of bankruptcy, those consequences shall be in the case of the person who requests an official permit or to whom the statutory provision is to be applied, even if, within the last five years, a request for the opening of the bankruptcy proceedings on his assets has been initiated by a Austrian court has been dismissed due to lack of sufficient assets. Unofficial table of contents

Section 22 Application of the rules on bankruptcy allowance

(1) The decision of an Austrian court which opens the bankruptcy proceedings on the assets of an employer or dismissal of the application for the opening of such a procedure in the absence of sufficient assets shall be subject to the decision of the Austrian Court of First Instance. Application of § § 165 to 171 and § 175 of the Third Book of the Social Code of the decision of a German court if the effects of the bankruptcy proceedings are within the scope of this Act in accordance with the provisions of the Treaty (2) The employer shall not have a payroll in the scope of the this Act, the Executive Board of the Federal Employment Agency shall declare an agency responsible for work on a case-by-case basis or on behalf of groups of cases. Unofficial table of contents

Section 23 deliveries

Orders to be made to persons in Austria in a bankruptcy procedure governed by the Treaty or in a procedure under this Act may be effected by task of the post. The postal items shall be marked 'enroll' if the service is not published in the official journal of the Wiener Zeitung in addition to a contract notice.

Fourth Section
Comparison-(Compensation) procedure

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§ 24 Corresponding application of rules

Sections 1 to 23 shall apply mutatily to the implementation of Article 25 of the Treaty (settlement procedure and the compensation procedure, including the pre-trial procedure).

Fifth Section
Final provisions

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Section 25 authorizing the summary of proceedings

The state governments are authorized to make the decision on appeal pursuant to § § 6, 8 para. 2, § 24 and the decision on requests, applications and appeal pursuant to § § 10 to 18, § 24 for the districts of several courts. of them, provided that this facilitates or accelerates the execution of the contract. The state governments can transfer the authorization to the Land Justice Administrations by means of a legal regulation. Unofficial table of contents

§ § 26 and 27 ----

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§ 28 Berlin-clause

This law shall also apply in the Land of Berlin in accordance with the provisions of Section 13 (1) of the Third Transfer Act. Unofficial table of contents

Section 29 Entry into force

(1) This Act shall enter into force, with the exception of Section 25, simultaneously with the Treaty of 25 May 1979 between the Federal Republic of Germany and the Republic of Austria in the field of bankrupting and settlement (equalization). The date of this entry into force shall be published in the Bundesgesetzblatt (Bundesgesetzblatt). (2) § 25 shall enter into force on the day after the announcement.