Advanced Search

International Criminal Procedure Law

Original Language Title: Internationales Erbrechtsverfahrensgesetz

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

International Inheritance Law Act (IntErbRVG)

Unofficial table of contents

IntErbRVG

Date of completion: 29.06.2015

Full quote:

" International Erbrechtsprocedural Law of 29 June 2015 (BGBl. I p. 1042) "

Footnote 

(+ + + Text proof: 17.8.2015 + + +) 
(+ + + For application cf.  § § 11, 21, 25 + + +)
The G was decided as Article 1 of the G v. 29.6.2015 I 1042 by the Bundestag with the consent of the Bundesrat. It's gem. Article 22 (1) of this Act entered into force on 17.8.2015. Unofficial table of contents

Content Summary

Section 1Scope
§ 1 Scope
Section 2Citizens ' Disputes
§ 2 Local competence
Section 3Approval of the
Forced enforcement from foreign
Titles; Recognition of foreign titles for recognition of subsection 1enforceability
§ 3 Responsibility
§ 4 Application
§ 5 Procedure
§ 6 Enforceability of foreign titles in special cases
§ 7 Decision
§ 8 Enforcement clause
§ 9 Notice of decision
Subsection 2Appeal; Legal complaint
§ 10 Appeal court; filing of the appeal
§ 11 Appeal proceedings and decision on the appeal
§ 12 Statuality and time limit of legal complaint
§ 13 Introduction and justification of the legal complaint
§ 14 Procedure and decision on legal complaint
Subsection 3Restriction of the
Enforcement on security measures and
unrestricted continuation of foreclosure
§ 15 Limitation Check
§ 16 Security performance by the debtor
§ 17 Auction of movable property
§ 18 Unrestricted continuation of foreclosure; special court orders
§ 19 Unrestricted continuation of the enforcement of the enforcement of the law approved by the court of the first legal proceedings
§ 20 Unrestricted continuation of the foreclosure of the law approved by the appeal court
Subsection 4Determination of recognition
a foreign decision
Section 21 Procedure
Section 22 Cost Decision
Subsection 5XX_ENCODE_CASE_One enforcement of the enforcement order;
special procedure; compensation for damages
Section 23 Enforcement Action for Enforcement
§ 24 Procedure after the repeal or amendment of a foreign title declared enforceable in the Member State of origin
Section 25 Cancellation or amendment of a foreign decision which has been recognised
Section 26 Compensation for unjustified enforcement
Subsection 6Decisions of German courts; Mahnverfahren
§ 27 Certificates for domestic titles
§ 28 Completion of domestic decisions to be used abroad
§ 29 Enforcement clause for use abroad
§ 30 Mahn-proceedings with delivery abroad
Section 4Entreation of
Declarations; appropriation rights
Section 31 Receipt of declarations
Section 32 Appropriation Law
Section 5European Certificate of Succession
§ 33 Scope
Section 34 Local and factual competence
§ 35 General procedural rules
§ 36 Exhibition of a European Certificate of Succession
Section 37 Participants
§ 38 Modification or revocation of a European certificate of succession
§ 39 Type of decision
§ 40 Notice of decision
Section 41 More effective
§ 42 Validity period of the certified copy of a European certificate of succession
Section 43 Complaint
Section 44 Legal complaint
Section 6Authenticity of documents
§ 45 Suspension of domestic proceedings
Section 46 Authenticity of a German public document
Section 7Responsibility
in other matters
of voluntary jurisdiction
§ 47 Other local competence

Section 1
Scope

Unofficial table of contents

§ 1 Scope

(1) This Act regulates the implementation of Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, the recognition and enforcement of decisions and the adoption and Enforcement of public documents in matters of succession and the introduction of a European Certificate of Succession. (2) Member States within the meaning of this Act are the Member States of the European Union, with the exception of Denmark, Ireland and the United Kingdom. Kingdom.

Section 2
Civil disputes

Unofficial table of contents

§ 2 Local competence

(1) The court which has designated the parties to the proceedings in the jurisdiction agreement shall be the sole competent authority, provided that the international jurisdiction of the German courts is governed by the following provisions of the Regulation (EU) No 650/2012:
1.
Article 7 (a) in conjunction with Article 6 (b) Alternative 1 and with Article 5 (1) Alternative 1 of Regulation (EU) No 650/2012, or
2.
Article 7 (b) Alternative 1 in conjunction with Article 5 (1) Alternative 1 of Regulation (EU) No 650/2012.
(2) The international jurisdiction of the German courts under Article 7 (c) of Regulation (EU) No 650/2012 shall be the exclusive jurisdiction of the Court of First Instance, the jurisdiction of which is expressly recognised by the parties to the proceedings. (3) The international jurisdiction of the German courts is based on Article 9 (1) of Regulation (EU) No 650/2012, in conjunction with the provisions of Regulation (EU) No 650/2012, as set out in the preceding paragraphs, that Court exercising its competence in accordance with paragraphs 1 or 2 shall continue to (4) The international jurisdiction of the German courts is governed by other provisions of Chapter II of Regulation (EU) No 650/2012, the court is responsible for local jurisdiction in the district of which the deceased was of his death his habitual residence. If, at the time of his death, the deceased did not have his habitual residence domesically, the court in whose district the deceased had his last habitual residence domesically is the court of jurisdiction. If the deceased had no habitual residence in Germany, the district court of Schöneberg in Berlin has a local jurisdiction. (5) With the exception of sections 27 and 28 of the Code of Civil Procedure, the provisions in Titles 2 and 3 of the Code of Civil Procedure shall apply in addition to paragraph 4 of this article. First section of the First Book of the Code of Civil Procedure.

Section 3
Admission of compulsory enforcement from foreign securities; recognition of the recognition

Subsection 1
Enforceability of foreign titles

Unofficial table of contents

§ 3 Jurisdiction

(1) Sachlich responsible for the enforceable declaration of titles from another Member State is exclusively the district court. (2) Local jurisdiction is exclusively the court in whose district the debtor is domicated or in the latter's territory. District the foreclosure is to be carried out. The seat of companies and legal entities is the same as the place of residence. (3) The chairman of a civil chamber decides on the application for the enforcement clause. (4) In a procedure which is the declaration of enforceable law of a civil chamber. This document may also be declared enforceable by a notary, the notary. The provisions relating to the procedure for the declaration of enforceable proceedings by a court of law shall apply mutatily.

Footnote

(+ + + § 3: For application see Section 21 (1) + + +) Unofficial table of contents

§ 4 Application

(1) The title enforceable in another Member State shall be admitted to enforcement by the enforcement of the order for enforcement on application. (2) The application for the enforcement clause may be submitted to the competent authority of the competent authority. (3) If the application is not written in German, contrary to § 184 sentence 1 of the Law of the Court of Justice, the court may ask the applicant to submit a written request to the court of law. require translation, the accuracy of which is provided by a Member State in a Member State (4) The copy of the title to be provided with the enforcement clause and the person empowered to do so by the European Union or in another Contracting State of the Agreement on the European Economic Area. Translation, provided that such a presentation is submitted, shall be accompanied by two copies.

Footnote

(+ + + § 4: For application, see Section 21 (1) + + +) Unofficial table of contents

§ 5 Procedure

(1) The decision on the application shall be taken without oral proceedings. However, an oral discussion may take place with the applicant or his authorised representative if the applicant or the Plenipotentiary hereby agrees to the discussion of the acceleration. (2) The first legal proceedings shall be: Representation by a lawyer is not required.

Footnote

(+ + + § 5: For application, see Section 21 (1) + + +) Unofficial table of contents

§ 6 enforceability of foreign titles in special cases

Where the execution of the enforcement depends on the content of the title, on a security provided to the creditor, on the expiry of a period or on the occurrence of another fact, or the order for enforcement shall be granted in favour of a person other than the one in the the creditor referred to the title, or against a debtor other than the debtor designated therein, is the question of the extent to which the authorisation of enforcement depends on the proof of special conditions, or whether the title for or shall be enforceable against the other, in accordance with the law of the State in which the Title is established. Unofficial table of contents

Section 7 Decision

(1) Where enforcement is to be permitted under the title, the court shall decide that the title shall be accompanied by the order for enforcement. The decision shall reflect the obligation to be enforced in the German language. As a rule, the reference to Regulation (EU) No 650/2012 as well as to the documents submitted by the applicant is sufficient to justify the decision. § 788 of the Code of Civil Procedure is to be applied accordingly to the costs of the proceedings. (2) If the application is not admissible or is not justified, the court shall reject it by decision. The decision shall be justified. The costs shall be borne by the applicant.

Footnote

(+ + + § 7 (1) sentence 2 and 4: For application, see Section 11 (4) sentence 2 + + +)
(+ + + § 7 (2): For application, see Section 21 (1) + + +) Unofficial table of contents

§ 8 Enforcement clause

(1) On the basis of the decision referred to in Article 7 (1), the official of the office shall issue the enforcement clause in the following form:
" Enforcement clause according to § 4 of the International Erbrechtsproceedings Act of 29 June 2015 (BGBl. 1042). In accordance with the decision of the ... (the name of the court and the decision), the enforcement of ... (title of the title) in favour ... (name of the creditor) against ... (name of the debtor) shall be admissible.
The obligation to be carried out shall be:
... (to indicate the obligation in the German language to which the debtor is subject from the foreign title; to take over from the decision in accordance with § 7 (1)).
The enforcement shall not go beyond the measures to be taken for the protection of the law until the creditor submits a court order or a certificate that the enforcement of the order may take place unrestricted. "
Where the title is on the performance of money, the order for enforcement shall be added to the following supplementary:
" As long as the foreclosure is not allowed to go beyond the provisions of the provisions of the law of protection, the debtor may depart the foreclosure by the performance of a security in the amount of ... (indication of the amount due to which the creditor is allowed to execute). "(2) If the compulsory enforcement is not allowed for all of the claims set out in the foreign title or only for part of the subject-matter of the obligation, the order for enforcement shall be deemed to be a" partial enforcement clause according to § 4 of the International Erbrechtsprocedural Law of 29 June 2015 (BGBl. I p. 1042) ". (3) The order for enforcement shall be signed by the official of the office of the office and shall be provided with the court seal. It must be placed either on the copy of the title or on a sheet to be attached to it. If there is a translation of the title, it must be combined with the copy.

Footnote

(+ + + § 8: For application cf. Section 11 (4) sentence 2 + + +) Unofficial table of contents

Section 9 Announcement of the decision

(1) If the Court of First Instance permits enforcement (Article 7 (1)), certified copies of the decision, the title bearing the Enforcement Clause and, where appropriate, its translation, and the third sentence of Article 7 (1), shall be certified by the defendant. shall be responsible for the delivery of documents to the original. The applicant shall be a certified copy of the decision to send the copy of the title accompanied by the enforcement clause as well as a certificate of the notification effected. (2) The Court of First Instance shall refer the application for the grant of the document to the applicant. The decision is to be notified to the applicant (Section 7 (2)).

Footnote

(+ + + § 9 (1): For application, see Section 11 (4) sentence 2 + + +)
(+ + + § 9: For application, see Section 21 (1) + + +)

Subsection 2
Appeal; Legal complaint

Unofficial table of contents

§ 10 Appeal Court; filing of the appeal

(1) Appeal court is the Higher Regional Court. (2) The appeal against the decision of the first appeal on the application for the order for enforcement shall be brought before the court whose decision is challenged by submission of the appeal. a notice of appeal or a statement on the minutes of the office. The notice of appeal is to be accompanied by the number of copies required for their service. (3) The appeal is to be notified to the respondent by the respondent.

Footnote

(+ + + § 10: For application, see Section 21 (1) + + +) Unofficial table of contents

§ 11 Appeal procedure and decision on the appeal

(1) The Board of Appeal decides by decision, which is to be provided with reasons and which can be taken without oral proceedings. The respondent is to be heard before the decision. (2) As long as an oral hearing is not ordered, applications and declarations can be made to the minutes of the office. If the oral proceedings are arranged, the provisions of Section 215 of the Code of Civil Procedure shall apply. (3) A complete copy of the decision shall be sent to the applicant and to the defendant by its own motion, even if the decision has been taken by the applicant. (4) As far as the decision to allow the enforcement of the title for the first time for the first time is permitted, the official of the Board of Appeal of the Appeal Court shall issue the enforcement clause. § 7 (1) sentences 2 and 4 as well as § § 8 and 9 (1) shall apply accordingly. An addition that the enforcement may not go beyond the measures for the protection of the law (Section 8 (1)) is to be included only if the appeal court has issued an order pursuant to Article 18 (2). The contents of the additive are determined according to the content of the arrangement.

Footnote

(+ + + § 11 (1) to (3): For application, see Section 21 (1) + + +) Unofficial table of contents

§ 12 Statliability and period of legal complaint

(1) The appeal court case shall be subject to the decision of the Board of Appeal in accordance with the first sentence of section 574 (1), first sentence, point 1 and paragraph 2 of the Code of Civil Procedure. (2) The appeal shall be filed within one month. (3) The legal notice period is an emergency period and begins with the notification of the decision (§ 11 paragraph 3).

Footnote

(+ + + § 12: For application, see Section 21 (1) + + +) Unofficial table of contents

Section 13 Filing and justification of the legal complaint

(1) The legal complaint shall be filed by the Federal Court of Justice by filing the notice of appeal. (2) The appeal shall be justified. Section 575 (2) to (4) of the Code of Civil Procedure shall be applied accordingly. In so far as the appeal is based on the fact that the appeal court has deviated from a decision of the Court of Justice of the European Union, the decision on which the contested decision deviates must be called. (3) A notice of appeal is to be submitted to a copy or certified copy of the decision against which the appeal is made.

Footnote

(+ + + § 13: For application, see Section 21 (1) + + +) Unofficial table of contents

Section 14 Procedure and decision on legal complaint

(1) The Federal Court of Justice may decide on the appeal without oral proceedings. § 574 (4), § 576 (3) and § 577 of the Code of Civil Procedure are to be applied in accordance with the procedure for appeal. (2) Insofar as the compulsory enforcement of the title is first granted by the Federal Court of Justice, the Civil servants of the office of the Court of First Instance have the order for enforcement. § 7 (1) sentences 2 and 4, as well as § § 8 and 9 (1) shall apply accordingly. An addition to the restriction of the foreclosure of enforcement is not required.

Footnote

(+ + + § 14 (1): For application, see Section 21 (1) + + +)

Subsection 3
Limitation of foreclosure on security measures and unrestricted continuation of compulsory enforcement

Unofficial table of contents

Section 15 Examination of the restriction

Claims by the debtor that, in the case of enforcement, the restriction on security measures under Regulation (EU) No 650/2012 or on the basis of an order pursuant to Section 18 (2) will not be complied with, or any objections by the creditor, that a certain measure of enforcement is compatible with this restriction, are to be asserted in the way of remembering § 766 of the Code of Civil Procedure with the Enforcement Court (§ 764 of the Code of Civil Procedure). Unofficial table of contents

§ 16 Security performance by the debtor

(1) As long as the enforcement of a title, which is the performance of money, must not go beyond the measures to be taken to ensure security, the debtor shall be entitled to wade the enforcement of the enforcement by the performance of a security at the level of the amount, (2) Enforcement is to be terminated and enforcement measures already taken are to be lifted if the debtor is to use a public document to prevent the execution of the enforcement of the enforcement order. required security power. Unofficial table of contents

§ 17 Auctioning of movable property

If a movable property is paved and the foreclosure may not go beyond the provisions of the provisions of the guarantee, the executing court may, at the request of the creditor or the debtor, order that the matter be auctioned and the proceeds of the proceeds shall be if it is subject to the risk of a significant reduction in value, or if its storage would cause disproportionate costs. Unofficial table of contents

Section 18 Unrestricted continuation of compulsory enforcement; special court orders

(1) In the event that the appeal court withheld the appeal of the debtor against the authorization of the enforcement of the enforcement order, or in the case of the creditor's appeal the enforcement of the title may be removed from the title, the foreclosure shall be subject to the law of the (2) At the request of the debtor, the Board of Appeal may order that, until the expiry of the time limit for the filing of the appeal or pending the decision on the appeal, the enforcement of the enforcement order shall not or may not be: shall only go beyond the security performance of the security measures. The order may be enacted only if it is made credible that the further enforcement of the debt would bring the debtor to a disadvantage that would not be replaced. § 713 of the Code of Civil Procedure shall be applied accordingly. (3) If a legal complaint is filed, the Federal Court of Justice may, at the request of the debtor, issue an order in accordance with paragraph 2. The Bundesgerichtshof may, at the request of the creditor, amend or repeal an order issued pursuant to paragraph 2 of the Appeal Court. Unofficial table of contents

Section 19 Unrestricted continuation of the enforcement of the enforcement of the law approved by the court of the first legal proceedings

(1) Forced enforcement from the title provided by the official of the office of the Court of First Instance with the enforcement clause shall, at the request of the creditor, be continued beyond the provisions of the provisions of the safeguard clause, if the (2) The testimony shall be issued to the creditor at his request,
1.
if the debtor has not filed a notice of appeal by the end of the notice of appeal,
2.
if the appeal court has rejected the debtor's appeal and has not issued an order pursuant to Article 18 (2),
3.
if the Federal Court of Justice has annulled the order of appeal (Article 18 (3) sentence 2), or
4.
if the Federal Court of Justice has allowed the title to be enforced.
(3) The title may no longer take place for enforcement, even if it is limited to a measure of protection, as soon as a decision of the Appeal Court announces that the title is not allowed to enforce the enforcement of the law, or is delivered. Unofficial table of contents

Section 20 Unrestricted continuation of the enforcement of the enforcement of the appeal by the appeal court

(1) Forced enforcement from the title to which the official of the Board of Appeal of the Board of Appeal issued the enforcement clause with the addition that the enforcement of the enforcement of the law on the basis of the order of the Court of First Instance does not apply to the law of the Court of Appeal (Article 11 (4) sentence 3), shall be continued at the request of the creditor on the basis of the measures to be taken for the purpose of safeguarding, if the testimony of the official of the document is submitted to the office of the office of that court, that the enforcement of the enforcement order (2) The Certificate shall be submitted to the creditor at his request. ,
1.
if the debtor has not filed a notice of appeal before the expiry of the time limit for the filing of the appeal (Section 12 (2)),
2.
if the Federal Court of Justice has annulled the order of appeal (Article 18 (3) sentence 2), or
3.
if the Bundesgerichtshof rejected the debtor's legal complaint.

Subsection 4
Determination of the recognition of a foreign decision

Unofficial table of contents

Section 21 Procedure

(1) § § 3 to 5, § 7 (2), § § 9 to 11 (1) to (3), § § 12, 13 and 14 (1) shall apply to the procedure for determining whether a decision has to be recognised from another Member State. (2) If the request for a determination is justified, the court shall decide to recognise the decision. Unofficial table of contents

Section 22 Costing decision

In the cases referred to in Article 21 (2), the costs of the defendant shall be borne by the defendant. This may limit the appeal (§ 10) to the decision on the cost point. In such a case, the costs shall be borne by the applicant if the defendant has not given his/her conduct to the request for a determination.

Subsection 5
Enforcement action; special procedure; compensation

Unofficial table of contents

Section 23 Enforcement of enforcement order

(1) If the compulsory execution is permitted under a title, the debtor may invoke objections against the claim itself in a procedure pursuant to Section 767 of the Code of Civil Procedure. If the title is a court decision, this applies only to the extent that the reasons on which the objections are based have only arisen after the decision has been taken. (2) The lawsuit pursuant to Section 767 of the Code of Civil Procedure is the case in the case of the the court to decide on the application for the order for the enforcement of the enforcement order. Unofficial table of contents

Section 24 Procedure after the repeal or amendment of a foreign title declared enforceable in the Member State of origin

(1) Where the title is repealed or amended in the Member State in which it has been established and the debtor is no longer able to invoke that fact in the procedure for the authorisation of enforcement, he may repeal, or (2) The Court of First Instance has sole jurisdiction to decide on the application, which has decided on the application for the enforcement of the order for enforcement. (3) The Court of First Instance Application may be made to the court in writing or in the minutes of the office. The application may be decided without oral proceedings. The creditor is to be heard before the decision is taken by decision. § 11 (2) and (3) shall apply accordingly. (4) The decision shall be subject to the appeal pursuant to § § 567 to 577 of the Code of Civil Procedure. The emergency period for the lodging of the immediate appeal is one month. (5) § § 769 and 770 of the Code of Civil Procedure are appropriate for the cessation of foreclosure and the cancellation of enforcement measures already in place. , The cancellation of a rule of order is also permissible without security.

Footnote

(+ + + § 24 (1) to (4): For application, see § 25 + + +) Unofficial table of contents

Section 25 Repeal or amendment of a foreign decision which has been recognised

If the decision is repealed or amended in the Member State in which it has been issued, and the party benefiting from it is no longer able to invoke that fact in the proceedings relating to the application for recognition, The provisions of paragraphs 1 to 4 shall apply accordingly. Unofficial table of contents

§ 26 Compensation for unjustified enforcement

(1) If the authorisation of enforcement of the enforcement of the appeal (§ 10) or the appeal (§ 12) is repealed or amended, the creditor shall be obliged to compensate for the damage caused to the debtor by the execution or by a court of law. Performance has arisen for the application of enforcement. The same shall apply where the authorisation of enforcement is repealed or amended in accordance with Section 24, in so far as the decision to enforce the enforcement is at the date of the authorisation under the law of the Member State in which it has been granted, (2) In order to assert the claim, the Court of First Instance shall have exclusive jurisdiction to decide on the application for the grant of the enforcement clause in the first legal proceedings.

Subsection 6
Decisions of German courts; payment procedure

Unofficial table of contents

Section 27 Certificates on domestic titles

(1) The issuing of the certificates referred to in Article 46 (3) (b), Article 60 (2) and Article 61 (2) of Regulation (EU) No 650/2012 shall be subject to the jurisdiction of the courts or notaries to which the issue of a enforceable copy (2) Where, in accordance with paragraph 1, the courts are competent to issue the certificate, it shall be issued by the court of the first legal suit or, if the proceedings are pending before a higher court, by the court. The body responsible for the issue of an enforceable copy shall be the responsibility of the office. In order to be able to challenge the decision on the issue of the certificate, the rules on the validity of the decision on the granting of the enforcement clause shall apply. (3) The issue of a certificate issued in accordance with the provisions of the 1 does not preclude the right to issue an enforcement clause in accordance with Section 724 of the Code of Civil Procedure. Unofficial table of contents

Section 28 Completion of domestic decisions for use abroad

(1) If a party wishes to claim in another Member State a judgment or recognition judgment which has been drawn up in a shortened form in accordance with Article 313b of the Code of Civil Procedure, the judgment shall be completed on its request. The application may be made to the court which issued the judgment, in writing or by declaration on the minutes of the office of the office. The application shall be made without oral proceedings. (2) To complete the judgment, the facts and reasons for the decision must be subsequently written, signed separately by the judges and handed over to the office of the office; the facts and the reasons for the decision can also be signed by judges who did not participate in the judgment. (3) For the correction of the retrospection of the retrospection, § 320 of the Code of Civil Procedure shall apply. However, in the case of a decision on a request for correction, it is also possible for those judges who have not participated in the judgment or the subsequent preparation of the facts. (4) The above paragraphs shall apply mutagenly to the Completion of arrest warrants, interim injunctions and injunctions to be asserted in another Member State and not accompanied by an explanatory statement. Unofficial table of contents

Section 29 Enforcement Clause for use abroad

Enforcement orders, arrest warrants and interim injunctions or interim orders whose enforcement is to be carried out in another Member State shall also be provided with the enforcement clause if this is the case for: Enforcement of compulsory enforcement within the territory of the country pursuant to § 796 (1), § 929 (1) or § 936 of the Code of Civil Procedure would not be required. Unofficial table of contents

§ 30 Mahnverfahren mit Approach im Ausland

(1) The order for payment procedure shall also take place if the notification of the payment of payment is to be carried out in another Member State. In this case, the claim may also be subject to the payment of a certain amount of money in foreign currency. (2) Power of the applicant claims that the court seised is competent under a jurisdiction agreement, has (3) The objection period (§ 692 (1) (3) of the Code of Civil Procedure) is one month.

Section 4
Acceptance of declarations; appropriation rights

Unofficial table of contents

Section 31 Receipt of declarations

In order to receive a declaration which, according to the law applicable to the law of succession, is subject to an inheritance or to be accepted, in the cases provided for in Article 13 of Regulation (EU) No 650/2012, the estate court shall have jurisdiction in the district court in the district of which the the declaring person has his habitual residence. The declaration shall be issued for the minutes of the succession court or in a publicly certified form. The declarant shall be given the copy of the minutes or the original of the declaration in a publicly certified form; on the latter, the succession court shall note the place and date of the receipt. Unofficial table of contents

Section 32 appropriation

(1) Where the succession court finds that, under the inheritance law applicable, there is neither a natural person's disposal of death nor a natural person as a legal heir, it shall immediately inform the court of law of the Exercise of the right to seizement of the right of seizement; a duty of office of the estate court shall not be justified by this. (2) For the determination referred to in paragraph 1, the estate court shall have jurisdiction in the district of which the deceased shall be responsible for the At the time of his death he had his habitual residence. If the deceased had no habitual residence in Germany at the time of his death, the district court of Schöneberg in Berlin is responsible. (3) The competent authority for the exercise of the right of seizement practices the right to seizement by declaration the local court of succession, as referred to in paragraph 2. By means of the declaration, it shall determine whether and to what extent it shall make use of the right of appropriation in respect of the assets situated in Germany. The declaration must be signed and marked with seal or stamp. The declaration is the body which determines the country in which the deceased had his habitual residence at the time of the inheritance, and the Federal Agency for Real Estate Tasks. (4) With the receipt of the declaration on the exercise of his/her duties. the right to seizance referred to in paragraph 3 in the case of the locally competent estate court shall pass the succession property concerned to the country whose body, under the fourth sentence of paragraph 3, exercises the right of seizment. If the Federal Institute for Real Estate Tasks exercises the right to acquire property, the assets shall pass to the federal government. (5) The estate court shall certify to the competent authority the date at which and the extent to which it exercised the right of appropriation. In so far as the exercise of the right of appropriation relates to succession property, which is recorded in a register, the body responsible under paragraph 3, sentence 4, shall arrange for the register to be corrected. (6) The legatees responsible for the exercise of the right of appropriation to be held in accordance with the provisions of the shall be entitled to direct entitlement to an item of succession to the applicable law of succession, the right to fulfilment of the legality to which they are entitled under German law may be addressed to the body which has exercised the right to seize the right to exercise (7) The right of creditors to demand satisfaction from the entire estate, remains unaffected.

Section 5
European Certificate Of Succession

Unofficial table of contents

Section 33 Scope

This section shall apply to procedures relating to:
1.
the issuing, rectification, modification or revocation of a European Certificate of Succession;
2.
the issuing of a certified copy of a European certificate of succession or the extension of the period of validity of a certified copy; and
3.
the suspension of the effects of a European certificate of succession.
Unofficial table of contents

Section 34 Local and factual competence

(1) The court which has designated the parties to the proceedings in the jurisdiction agreement shall be the sole competent authority, provided that the international jurisdiction of the German courts is governed by the following provisions of the Regulation (EU) No 650/2012:
1.
Article 64, first sentence, in conjunction with Article 7 (a), in conjunction with Article 6 (b) Alternative 1 and with Article 5 (1) Alternative 1 of Regulation (EU) No 650/2012, or
2.
Article 64, first sentence, in conjunction with Article 7 (b), Alternative 1, in conjunction with Article 5 (1) Alternative 1 of Regulation (EU) No 650/2012.
(2) The international jurisdiction of the German courts under Article 64, first sentence, in conjunction with Article 7 (c) of Regulation (EU) No 650/2012, shall be the exclusive jurisdiction of the Court of First Instance, the jurisdiction of which shall be the responsibility of the Court of Justice. (3) The international jurisdiction of the German courts from other provisions of this Regulation referred to in the first sentence of Article 64 of Regulation (EU) No 650/2012, is the court's local authority. exclusive jurisdiction in the district of the deceased at the time of his death habitual residence. If, at the time of his death, the deceased did not have his habitual residence domestily, the court is solely responsible, in the district of which the deceased had his last habitual residence in the territory of the country. If the deceased had no habitual residence in Germany, the district court of Schöneberg in Berlin is solely responsible for the local jurisdiction. The district court of Schöneberg in Berlin can refer the matter to another estate court for important reasons. (4) Sachlich is solely responsible for the district court. The district court decides as a succession court. If, according to national law, the duties of the succession court have jurisdiction over other bodies than courts, they shall be exclusively competent. Unofficial table of contents

Section 35 General procedural provisions

(1) Unless otherwise provided for in Regulation (EU) No 650/2012 and the provisions of this Section, the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction is to be applied. (2) If the application is not written in German, contrary to Section 184, sentence 1, of the Law of the Court of Justice, the court of the applicant may give up a translation of the application, the accuracy of which is correct by a person in a Member State of the European Union or in another State Party to the Agreement on the (3) For the information of the beneficiaries by public notice pursuant to Article 66 (4) of Regulation (EU) No 650/2012, § § 435 to 437 of the Law on the Procedures in family matters and in matters of voluntary jurisdiction accordingly. Unofficial table of contents

Section 36 Exhibition of a European Certificate of Succession

(1) The application for the issuing of the European Certificate of Certificate is addressed in accordance with Article 65 of Regulation (EU) No 650 /2012. (2) The applicant shall take place in court or in front of a notary of oath, instead of insure that he is not aware of anything that the applicant has to offer. Accuracy of the information provided for the purpose of issuing the European Certificate of Succession (Article 66 (3) of Regulation (EU) No 650/2012). The Succession Court may issue the insurance to the applicant if it considers it not necessary. Unofficial table of contents

Section 37 Participants

(1) The applicant shall be a participant in proceedings concerning the issuing of a European Certificate of Certificate of Succession. Additional participants may be consulted
1.
the legal heirs,
2.
those who, according to the content of an available disposition, are considered to be heirs because of death,
3.
those who would be in the case of the ineffectiveness of the disposition of death because of heirs,
4.
the legatees with immediate authority to the estate,
5.
the executor of the executors or the administrators of the estate,
6.
other persons with a legitimate interest.
They shall be involved in their application. (2) In proceedings concerning the correction, amendment, revocation and suspension of the effects of a European Certificate of Certificate, the applicant shall be involved. Other persons with a legitimate interest can be added as further participants. They shall be involved in their application. (3) The applicant shall be involved in proceedings concerning the issuing of a certified copy of a European Certificate of Certificate or the extension of a validity period of a certified copy. Unofficial table of contents

Section 38 Amendment or revocation of a European Certificate of Succession

The Court of First Instance has to amend or revoke an incorrect European Certificate of Succession on request. The revocation shall also be carried out by officals. The Court of First Instance shall decide on the costs of the proceedings. Unofficial table of contents

Section 39 Type of decision

If the conditions for issuing a European Certificate of Certificate are met, the Court of First Instance shall decide by issuing the original of a European Certificate of Certificate of Succession. Where the conditions for issuing a certified copy or for extending the period of validity of a certified copy are fulfilled, the Court of First Instance shall decide by issuing a certified copy or by extending the validity of a certified copy. Validity period of a certified copy. In addition, the court decides by decision. (2) For the purpose of issuing a European Certificate of Certificate and issuing a certified copy, the form referred to in the second sentence of Article 67 (1), in conjunction with Article 81 (2) of the Regulation (EU) No 650/2012. Unofficial table of contents

Section 40 announcement of the decision

Decisions pursuant to § 39 (1) sentence 1 and 2 shall be announced to the applicant by sending a certified copy. The decision pursuant to Section 39 (1), first sentence, shall be announced by sending a simple copy of the issued European Certificate of Succession to other parties. Unofficial table of contents

Section 41 Effective

The decision shall take effect if it is handed over to the office for the purpose of the announcement. The date of their effectiveness shall be noted in the decision. Unofficial table of contents

Section 42 validity period of the certified copy of a European certificate of succession

The period of validity of a certified copy of a European Certificate of Succession shall begin with its issueof issue. The provisions of the Civil Code shall apply to the calculation of the period of validity, in so far as it does not comply with Council Regulation (EEC, EURATOM) No 1182/71 of 3 June 1971 determining the rules applicable to periods, dates and time limits. Other results. Unofficial table of contents

Section 43 Complaint

(1) The appeal to the Oberlandesgericht (Oberlandesgericht) shall take place against the decision in proceedings pursuant to Section 33 (1) and (3). § 61 of the Act on the Procedure in Family Matters and in the matters of voluntary jurisdiction shall not apply. The appeal is to be filed with the court whose decision is challenged. (2) The appeal is entitled to appeal.
1.
in the procedures laid down in Article 33 (1), where the procedure concerns the issuing of a European Certificate of Certificate, the heirs, the legatees with immediate authority at the estate and the executors of the executors or the administrators of the estate;
2.
in the other procedures laid down in Section 33 (1) and in the procedures laid down in Section 33 (3), those persons who prove a legitimate interest.
(3) The appeal shall be lodged
1.
within one month, if the complainant has his or her habitual residence at home;
2.
within two months, if the complainant has his habitual residence abroad.
The time-limit begins with the date of notification of the decision. (4) The appeal is to be disclosed to the other parties. (5) Does the appeal court hold the appeal against the issuing of the European Certificate of Succession to the Court of Appeal, it shall amend or revoke the certificate or instructs the initial court to correct, amend or revoke the certificate. If the Appeal Court finds that the appeal against the issuing of the European Certificate of Certificate is justified, it shall issue the certificate of succession or refer the case to the repeal of the decision under appeal for reconsideration of the appeal. Examination and decision back to the main court. If the appeal court issues the certificate of succession and does not allow the appeal to be made, the first sentence of Article 39 (1) shall apply accordingly. In all other decisions of appeal pursuant to this paragraph, as well as in the first sentence of paragraph 1, § 69 of the Law on the Procedure in Family Matters and in the matters of Voluntary Jurisdiction shall apply. Unofficial table of contents

Section 44 Legal complaint

The appeal to the Federal Court of Justice is permissible if it has allowed the appeal court. The grounds for admission shall be determined in accordance with Section 70 (2) of the Law on the Procedure in Family Matters and in the matters of voluntary jurisdiction. Section 43 (3) shall apply accordingly.

Section 6
Authenticity of documents

Unofficial table of contents

Section 45 Suspension of the domestic procedure

Where a procedure has been opened in another Member State relating to the authenticity of a public document established in that Member State, the national procedure may, pending completion of the procedure, be opened up to the date of the opening of the proceedings. foreign proceedings, if it is important for the decision on the foreign decision on the authenticity of the document. Unofficial table of contents

Section 46 Authenticity of a German public document

(1) In respect of the authenticity of a German public document in accordance with Article 59 (2) of Regulation (EU) No 650/2012, the court which established the document shall decide in the case of court documents on the basis of objections. In the case of notarial documents, the court responsible for the official residence of the notary shall decide. The district court of Schöneberg in Berlin decides on a certificate issued by a consular official abroad. In addition, the District Court in whose district the document has been established shall decide. (2) The proceedings shall be governed by the provisions of the Law on the Procedure in Family Matters and in the Matters of Volunteers. Jurisdiction. (3) The final decision shall be effective with legal force. An amendment is excluded. The decision is effective for and against all.

Section 7
Jurisdiction in other matters of voluntary jurisdiction

Unofficial table of contents

Section 47 Other local jurisdiction

If, in matters of voluntary jurisdiction, the international jurisdiction of the German courts is the result of Regulation (EU) No 650/2012, and the local jurisdiction is not already regulated in other provisions of this law, the local competence shall be as follows:
1.
in the case of an international jurisdiction resulting from the provisions of Regulation (EU) No 650/2012 referred to in Article 2 (1) to (3), in accordance with Article 2 (1) to (3);
2.
in the case of an international competence resulting from other provisions of Regulation (EU) No 650/2012 other than those referred to in Article 2 (1) to (3), in accordance with the rules on local jurisdiction in the law on the procedure in Family matters and in the matters of voluntary jurisdiction.