International Law Of Succession Act

Original Language Title: Internationales Erbrechtsverfahrensgesetz

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
International inheritance law Procedure Act (IntErbRVG) IntErbRVG Ausfertigung date: 29.06.2015 full quotation: "international inheritance law Procedure Act of June 29, 2015 (BGBl. I S. 1042)" footnote (+++ text detection from: 17.8.2015 +++) (+++ to the application see paragraphs 11, 21, 25 +++) as article 1 of the G v. 29.6.2015, the G was I 1042 decided by the German Bundestag, with the consent of the Federal Council. It is accordance with art. 22 para. 1 of this G on the 17.8.2015 entered into force.

Table of contents section 1 scope § 1 scope section 2 civil disputes article 2 territorial jurisdiction section 3 authorisation of enforcement of foreign titles. Recognition determination under section 1 enforcement of foreign titles section 3 jurisdiction section 4 submission section 5 procedure § 6 enforceability of foreign titles in special cases § 7 decision article 8 enforcement § 9 notification of the decision under section 2 complaint; § 10 appeal appellate court; Appeal section 11 complaint procedure and decision on complaint § 12 lawfulness and time limit of appeal section 13 appeal and reasons for the appeal of § 14 procedure and decision on the appeal under section 3 limitation of enforcement on security measures and unlimited continuation of enforcement of § 15 testing the restriction of section 16 safety performance by the obligor section 17 auction goods § 18 unlimited continuation of enforcement; Special Court orders article 19 unlimited continuation of enforcement of article 20 approved by the Court of first instance unlimited continuation of enforcement under section 4 approved by the Court of Appeal finding the recognition of a foreign judgment article 21 procedure § 22 costs decision under section 5 enforcement defense dispute;
special procedures; Compensation article 23 enforcement defense dispute section 24 procedure to abolish or amend a foreign title declared enforceable in the Member State of origin article 25 repeal or amend a foreign decision, whose recognition found section 26 is damages for wrongful enforcement under section 6 decisions of German courts; Procedure § 27 certificates to domestic titles section 28 completion domestic use abroad section 29 decisions enforcement clause to use abroad section 30 procedure with delivery abroad section 4 acceptance of declarations; Appropriation law § 31 acceptance of declarations § 32 appropriation law section 5 European certificate of succession article 33 scope section 34 local and material jurisdiction sec. 35 general rules of procedure section 36 exhibition of a European certificate of succession article 37 concerned section 38 modification or withdrawal of a European certificate of succession section 39 nature of the decision section 40 notification of the decision article 41 are section 42 validity period of certified copy of a European certificate of succession section 43 appeal section 44 appeal section 6 authenticity of documents § 45 stay of domestic proceedings § 46 authenticity of a German public document section 7 jurisdiction in other matters the voluntary jurisdiction section 47 other territorial jurisdiction section 1 scope § 1 scope of application (1) this Act regulates the implementation of the Regulation (EU) No. 650/2012 of the European Parliament and of the Council of 4 July 2012 on the jurisdiction, the applicable law, recognition and enforcement of decisions and the adoption and enforcement of authentic instruments in matters of succession and the creation of a European certificate of succession.
(2) Member States within the meaning of this law are the Member States of the European Union except Denmark, Ireland and the United Kingdom.
Section 2 civil disputes § 2 territorial jurisdiction (1) the Court which have referred to the parties in the proceedings in the jurisdiction, is locally exclusive jurisdiction, unless specified in the following provisions of the Regulation (EU) No. 650/2012 the international jurisdiction of the German courts: 1 article 7 letter a in connection with article 6 point (b) alternative 1 and with article 5 paragraph 1 alternative 1 of the Regulation (EU) No. 650/2012 or 2 article 7 letter b alternative 1 in connection with Article 5 paragraph 1 alternative 1, which results in Regulation (EU) No. 650/2012 (2) off the international jurisdiction of the German courts is article 7 (c) of Regulation (EU) No. 650/2012, the local exclusive jurisdiction court whose jurisdiction the parties have explicitly recognized.
(3) follows the international jurisdiction of the German courts from article 9 (1) of Regulation (EU) No. 650/2012 in connection with the regulations referred to in the preceding paragraphs of Regulation (EU) No. 650/2012, is the Court which exercises its jurisdiction under paragraphs 1 or 2, still locally exclusive jurisdiction.
(4) the international jurisdiction of the German courts results from other provisions of chapter II of Regulation (EU) No. 650/2012, the Court's jurisdiction, in whose district the testator at the time of his death had his habitual residence. The testator at the time of his death was habitually resident in Germany, the Court is jurisdiction, in whose district the deceased had their last habitual residence in domestic. The deceased had no habitual residence in Germany, the District Court of Schöneberg in Berlin is jurisdiction.
(5) with the exception of sections 27 and 28 of the code of civil procedure in addition to paragraph 4 also the provisions apply in titles 2 and 3 of the first section of the first book of the code of civil procedure.
Section 3 authorisation of enforcement of foreign titles. Recognition assessment under section 1 enforcement of foreign titles section 3 jurisdiction (1) factual only the District Court is responsible for the Declaration of enforceability of titles from another Member State.
(2) jurisdiction is exclusively the Court in whose district the debtor resides or in whose territory the enforcement is to be carried. The headquarters of companies and legal persons shall be equivalent to the residence.
(3) the Chairman of a Civil Chamber shall on the request for grant of enforcement.
(4) in a process that has the Declaration of enforceability a notarial deed to the subject, this document can be explained by a notary for enforceability. The provisions apply mutatis mutandis to the procedure of Declaration of enforceability by a court.
Footnote (+++ § 3: for the application see section 21 para 1 +++) § 4 approved submission of (1) which will be enforceable in another Member State this on enforcement that he provided at the request of the enforcement clause.
(2) the application for the enforcement may be submitted to the competent court in writing or orally to the Court of Office.
(3) the request contrary to section 184, sentence 1 of the courts act not in German language is drafted, so the Court by the applicant may require a translation whose Richtigkeit authorized person has been confirmed by one in a Member State of the European Union or in another Contracting State to the agreement on the European economic area for this purpose.
(4) the copy of the title that you wish to apply the enforcement clause, and its translation, if such is presented, should be accompanied by two copies.
Footnote (+++ § 4: application cf. Article 21 par. 1 +++) § 5 procedure (1) the decision on the application is taken without oral proceedings. However, a verbal discussion can take place with the applicant or his authorised representative, if the applicant or agent hereby agrees and the discussion of acceleration is used.
(2) in the first instance, representation by a lawyer is not required.
Footnote (+++ § 5: to the application see section 21 para 1 +++) § 6 enforceability of foreign titles in special cases


Enforcement depends upon the content of the title by an incumbent upon the creditor security performance, the expiration of a period or the entry of a different fact or is the enforcement clause in favour of another as the creditor referred to in the title, or against a requested other than the debtor referred to therein, so the question is to what extent the approval of enforcement by the detection of special conditions is or depending on whether the title for or against the other enforceable , to decide where the title is built according to the law of the State.

Section 7 is to allow the execution of the title, so the Court decides that the title of the enforcement clause is to provide decision (1). The obligation to supersedes in German language is to play in the decision. Usually referring to Regulation (EU) No. 650/2012 is sufficient to the grounds of the decision, as well as on the documents provided by the applicant. Article 788 of the code of civil procedure is apply mutatis mutandis on the costs of the proceedings.
(2) if the application is inadmissible or unfounded, so the Court rejects him by decision. The decision is justified. The cost is to impose on the applicant.
Footnote (+++ section 7, subsection 1, sentence 2 and 4: application cf. § 11 paragraph 4 sentence 2 +++) (+++ § 7 par. 2: the application see § 21 para 1 +++) § 8 enforcement clause (1) on the basis of the decision pursuant to § 7 paragraph 1 of the clerk of the Court granted the enforcement clause, as follows: "enforcement pursuant to § 4 of the international of law of succession Act of June 29, 2015 (BGBl. I S. 1042)." In accordance with the decision of the... (Name of the Court and of the decision) is the foreclosure... (Name of title) in favor of... (Name of creditor) against... (Name of borrower) allowed.
The obligation to supersedes is:... (Please specify the debtor from obligations of the foreign title commitment in German; from the decision to to adopt article 7, paragraph 1).
Enforcement may not go beyond measures to secure, until the creditor an injunction or a witness submits that enforcement can take place without restriction. "The title performance by money, it is the enforcement clause to append additional the following:" as long as the enforcement may not go beyond measures to secure, the debtor can enforcement through the lodging of a security in the amount of... "" Avert (indication of the amount the creditor may enforce because of that). "So (2) is allowed to enforcement for all the claims set out in the foreign title or for only part of the object of the obligation is the enforcement as" partial enforcement pursuant to § 4 of the international of law of succession Act of June 29, 2015 (Federal Law Gazette I S. 1042) "to call."
(3) the enforcement is to be signed by the Registrar of the Office and to the Court seal. She must be set on the copy of the title or on a sheet to connecting. If there is a translation of the title, it is to connect with the copy.
Footnote (+++ § 8: to the application see section 11 paragraph 4 sentence 2 +++) § 9 notification of the decision (1) can the Court defendant certified copies of the decision, officio to deliver the title with the enforcement and documents taken, where appropriate, its translation, as well as in accordance with § 7 paragraph 1 sentence 3 in terms of enforcement (§ 7 paragraph 1), are the. A certified copy of the decision, making out with the enforcement of the title, as well as a certificate of service caused the applicant be send.
(2) the Court rejects the application for enforcement (§ 7 paragraph 2), is the decision to place the applicant.
Footnote (+++ § 9 para 1: application cf. § 11 paragraph 4 sentence 2 +++) (+++ § 9: to the application see section 21 para 1 +++) subsection 2 complaint; § 10 appeal appellate court; Filing the appeal (1) appellate court is the Court of appeal.
(2) the appeal against the first instance decision concerning the application for the enforcement clause is inserted at the Court, whose Beschluss is contested by submitting a notice of appeal or by declaration to the Court of Office. The number required for their delivery should be accompanied by copies of the notice of appeal.
(3) the appeal shall be notified to the respondent by virtue.
Footnote (+++ § 10: to the application see section 21 para 1 +++) section 11 complaint procedure and decision on the appeal (1) the appellate court decides decision, which is fitted with reasons and can be issued without oral proceedings. The respondent can be heard before the decision is taken.
(2) If an oral hearing is not arranged, can be applications made to the Court of Office and submitted observations. Is the hearing is arranged, article 215 of the code of civil procedure applies to the charge.
(3) a complete copy of the decision is also then officio make to the applicant and the respondent, if the decision has been announced.
(4) as far as the execution of the title to admit for the first time is on the basis of the decision, the clerk the clerk of the Court of appeal granted the enforcement clause. Section 7, paragraph 1, sentence 2 and 4 and paragraph 1 are sections 8 and 9 apply mutatis mutandis. An addition that enforcement may not go beyond measures to secure (§ 8 paragraph 1), is to record only when the appeal court has issued an order pursuant to article 18, paragraph 2. The contents of the supplement is determined by the contents of the.
Footnote (+++ § 11 para 1 to 3: the application see section 21 para 1 +++) § 12 availability and time limit of appeal (1) against the decision of the Court of appeal finds the appeal in accordance with the § 574 paragraph 1 sentence 1 number 1 and paragraph 2 of the code of civil procedure instead.
(2) the appeal shall be within one month.
(3) the legal appeal period is a period of grace and starts with the delivery of the decision (section 11, paragraph 3).
Footnote (+++ § 12: to the application see section 21 para 1 +++) § 13 filing and grounds of appeal (1) the appeal is filed by filing the notice of appeal in the Federal Court.
(2) the appeal shall be justified. Section 575 paragraph 2-4 of the code of civil procedure shall apply accordingly. As far as the appeal is based on it, that the appellate court had deviated from a decision of the Court of Justice of the European Union, the decision differs from that of the contested decision, must be regarded.
(3) with the notice of appeal, a copy or certified copy of the decision against which the appeal is directed to be presented.
Footnote (+++ article 13: application cf. Article 21 par. 1 +++) § 14 procedure and decision on the appeal (1) the Federal Court may decide on the appeal without hearing. Section 574, paragraph 4, article 576, paragraph 3, and section 577 of the code of civil procedure shall apply accordingly the proceedings on the appeal.
(2) as far as enforcement from the title for the first time allowed by the Federal Court, the clerk of the clerk of this Court granted the enforcement. § 8 and 9 paragraph 1 shall apply article 7, paragraph 1, sentence 2 and 4, as well as the section. An additional restriction enforcement is eliminated.
Footnote (+++ § 14 para 1: to apply see § 21 para 1 +++) subsection 3 limitation of enforcement on security measures and unlimited continuation of enforcement of § 15 testing the restriction defences of the debtor, that at the foreclosure restricted security measures according to the Regulation (EU) No. 650 / 2012 or on the basis of an arrangement pursuant to § 18 paragraph 2 will not respected, or objections of the creditor that a certain measure of enforcement with this limitation is compatible , are in the way of memory after § 766 of the code of civil procedure the Court of enforcement to claim (article 764 of the civil procedure code).

Article 16 safety performance by the debtor (1) as long as the enforcement of a title, which is on the power of money, should not go beyond measures to secure, is the debtor entitled to avert foreclosure by the lodging of a security equal to the amount, because of that, the creditor may enforce.
(2) the foreclosure is set and already taken enforcement measures are to pick up if the debtor through a public document proves the security power required to stave off the foreclosure.

§ 17 auction goods is gepfändet a movable and must not go beyond enforcement measures to secure, so the Court at the request of the creditor or the debtor may order that the thing sold and the proceeds will deposited when it is exposed to the risk of a significant reduction in value or if their storage would cause disproportionate costs.

Article 18 unrestricted continuation of enforcement; Special Court orders


(1) the appellate court rejects the appeal of the debtor against the approval of the foreclosure or allowing the execution of the title on the complaint of the creditor, so can the compulsory execution measures to secure, to be resumed.
(2) the appellate court may order at the request of the debtor, that until the end of the period for the filing of the appeal or until a decision on the appeal enforcement not or only against security measures to safeguard go beyond May. The arrangement may not be required if is made credible that further enforcement would bring the debtor a disadvantage not to be replaced. section 713 of the code of civil procedure shall apply accordingly.
(3) if appeal is lodged, the Federal Supreme Court on application by the debtor may adopt an arrangement referred to in paragraph 2. The Federal Supreme Court may amend an executive order referred to in paragraph 2 of the appellate court at the request of the creditor or revoke.

§ 19 unlimited continuation of execution (1) approved by the Court of first instance enforcement from the title of the clerk of the Court of the Court of first instance has provided with the enforcement clause, is to continue at the request of the creditor about measures to safeguard, if the certificate of the Registrar of the registry of this Court, that the enforcement can take place without restriction.
(2) the witness is the creditor on his request to grant 1st if the debtor no appeal filed up to the expiry of the appeal period, 2 If the appellate court has rejected the appeal of the debtor and no arrangement adopted in accordance with article 18, paragraph 2, 3rd when the Federal Court overturned the order of the Court of appeal (§ 18 paragraph 3 sentence 2) or 4 If the Federal Court has allowed the title to enforcement.
(3) from the title the enforcement may no longer take place, even if it is limited to measures to ensure that, as soon as a decision of the Court of appeal, that the title will not admitted to the foreclosure, announced or is set to.

Article 20 enforcement from the title, to the clerk of Court of the Court of appeal the enforcement clause with the addition has, that the levy of execution on the basis of the order of the Court do not have measures to secure must go beyond (§ 11 paragraph 4 sentence 3), is granted at the request of the creditor about unlimited continuation of enforcement (1) approved by the appeal court to continue measures to secure , if the certificate of the Registrar of the registry of this Court, that the enforcement can take place without restriction.
(2) the certificate shall be granted 1 if the debtor has filed no appeal until the expiration of the time limit for the filing of the appeal (article 12 paragraph 2), 2nd when the Federal Court overturned the order of the Court of appeal (§ 18 paragraph 3 sentence 2) or 3 If the Federal Court has rejected the appeal of the debtor the creditor on his request.
Subsection determination of recognition of a foreign judgment section 21 procedures (1) on the process that has the statement about the subject, whether a decision from another Member State to recognize is, sections 3 to 5, article 7, paragraph 2, articles 9 to 11 paragraph 1 to 3, the sections 12, 13 and 14 paragraph 1 according to apply 4.
(2) the application for assessment is justified, so the Court decides to accept the decision.

Section 22 the costs are costs decision in the cases of § 21 paragraph 2 to impose on the defendant. This may limit the appeal (§ 10) deciding on the cost. In this case, the costs are imposing on the applicant if the defendant gave no reason for the request to be established by his behavior.
Under section 5 enforcement defense dispute. special procedures; Compensation article 23 enforcement defense dispute (1) is the enforcement of a title approved, so the debtor can assert objections against the claim itself in a process of civil procedure according to § 767. The title is a judicial decision, shall imply only, as far as the reasons upon which the objections are based, only emerged after the adoption of the decision.
(2) the action is according to § 767 of the civil procedure code to raise, has decided on the application for granting the enforcement court.

Article 24 procedure to abolish or amend one for enforceable declared foreign title in the Member State of origin (1), the title in the Member State in which he has been built, is repealed or modified and can the debtor claim no longer this fact in the procedure for the approval of the foreclosure, so he may apply for the annulment or amendment of approval in a special process.
(2) for the decision on the application, the Court is solely responsible, has decided in the first instance on the application for granting the enforcement clause.
(3) the application can be made at the Court in writing or to the Court of Office. The application can be decided without oral proceedings. Before the decision, which was made by resolution, the creditors can be heard. Article 11, paragraph 2 and 3 shall apply mutatis mutandis.
(4) the decision is subject to sections 567 to 577 of the code of civil procedure the complaint to. The period of grace for filing of the instant appeal is one month.
(5) for the setting of the levy of execution and the abolition of existing enforcement measures, the §§ 769 and 770 of the code of civil procedure are apply mutatis mutandis. The lifting of an enforcement measure is permitted also without safety performance.
Footnote (+++ § 24 para 1 to 4: to the application see section 25 +++) § 25 repeal or amend a foreign decision, recognising established is the decision in the Member State in which she acted, repealed or amended and can the party of beneficiaries assert that fact no longer in the proceedings on the application for declaration of recognition, it is to apply article 24 paragraph 1 to 4 according to.

Article 26 damages for wrongful enforcement (1) is the approval of the levy of execution on the complaint (article 10) or the appeal (§ 12) repealed or amended, the creditors to the compensation for damage shall be obliged, caused the debtor through the enforcement of or by a power to avert the enforcement. The same applies if the permit of enforcement is repealed under section 24 or amended, insofar as the decision approved on enforcement at the time of registration could be challenged under the law of the Member State in which it has been rendered with an ordinary appeal.
(2) for the assertion of the claim, the Court has decided in the first instance on the application for granting the enforcement is exclusively responsible.
Subsection 6 decisions of German courts; Procedure § 27 certificates to domestic titles (1) for the issue of licences according to article 46 paragraph 3 point (b), article 60 (2) and article 61 (2) of Regulation (EU) No. 650/2012 the courts or notaries are responsible, which is issuing an enforceable copy of the title.
(2) where pursuant to paragraph 1, the courts for the certification are responsible, they will be issued by the Court of first instance or, if the proceedings in a higher court is pending from this. The job, which is issuing an enforceable copy is functionally responsible. The the Countervailability of the decision to grant rules on for the voidability of the decision on the certification of the enforcement clause according to.
(3) the issue of a certificate referred to in paragraph 1 does not exclude the right to grant an enforcement clause to section 724 of the civil procedure code.

§ 28 completion domestic decisions for use abroad (1) wants to assert a failure - or consent decree that has been taken off b of the code of civil procedure in shortened form according to § 313, in another Member State a party, so is the judgment at their request to complete. The application can be made at the Court that issued the judgment in writing or by declaration to the Court of Office. The application will be decided without oral proceedings.
(2) to the completion of the judgment are the facts and the reasons for the decision later to draft, be signed separately by the judges, and to pass the Office; the facts and the reasons for the decision can be signed also by judges who have not participated in the judgment.
(3) § 320 of the code of civil procedure applies for the rectification of the subsequently worded fact stock. But also such judges to participate in the decision on the request for correction, which have not participated in the judgment or the subsequent preparation of the Act portfolio.

(4) the preceding paragraphs shall apply mutatis mutandis for the completion of arrest commands, interim and interlocutory injunctions, which are to be asserted in another Member State and are not accompanied by a statement of reasons.

§ Are 29 enforcement clause to use overseas enforcement notices, arrest orders and injunctions or temporary injunctions, which forced execution is to be operated in another Member State to provide, if this would not be required for enforcement in Germany according to § 796, para 1, § 929, paragraph 1 or section 936 of the code of civil procedure even with the enforcement.

Section 30 procedure with delivery in foreign countries (1) the order for payment procedure also takes place when service of the payment order in another Member State must be effected. In this case, the claim can have also the payment of a specific sum of money in foreign currency to the item.
(2) the applicant contends, that the court seised on the basis of a jurisdiction agreement is responsible, he has the necessary documents concerning the agreement to add the payment request.
(3) the opposition period (692, paragraph 1 No. 3 of the code of civil procedure) is one month.
Section 4 acceptance of declarations; Appropriation law § 31 acceptance of explanations for receiving an explanation of according to the applicable law of inheritance, an inheritance is knocked out or accepted, is in the cases of laid down in article 13 of the Regulation (EU) No. 650/2012 the probate jurisdiction, in whose district the explanatory person has their habitual residence. The Declaration is to give to the transcript of the Probate Court or publicly certified form. The original of the transcript or the original copy of the Declaration in the form of publicly certified is the explanatory hand; on the latter, the Probate Court has to indicate the place and date of receipt.

§ 32 appropriation right (1) determines the Probate Court that a heritage inserted by Decree of death nor a natural person as a legal legacy is available according to the applicable law of inheritance, so it shall inform its finding of the authority responsible for the exercise of the right of appropriation; This, a discovery duty of the Probate Court is not justified.
(2) for the purpose of determining under paragraph 1 the probate is jurisdiction, in whose district the testator at the time of his death had his habitual residence. The deceased at the time of his death had no habitual residence in Germany, the District Court of Schöneberg in Berlin is responsible.
(3) the body responsible for the exercise of the right of appropriation exerts the appropriation law by declaration to the Probate Court responsible referred to in paragraph 2 local. By the Declaration, it sets whether and to what extent it makes use in relation to the assets located in Germany by the appropriation right. The Declaration is to sign and seal or stamp. The body which determines the country where the testator at the time of succession habitual residence had, moreover the Bundesanstalt für immobilienaufgaben is responsible for the explanation.
(4) to the input of the Declaration on the exercise of the right of appropriation pursuant to paragraph 3 with the local Probate Court passes the affected estate assets on the country, replaced the appropriation law exerts pursuant to paragraph 3 sentence 4. The Bundesanstalt für immobilienaufgaben exercises the right of appropriation, passes the assets to the Federal Government.
(5) the probate certifies the competent authority, when and to what extent it has exercised the right of appropriation. As far as the exercise of the right of appropriation relating to estate, which is recorded in a register, which should pursuant to paragraph 3 sentence 4 competent authority initiate a rectification of the register.
(6) legatee, who would have an immediate right to a discount item according to the applicable law of inheritance, can the them this according to German law adult claims on fulfillment of the legacy of the place set that has exercised the Aneignungsrecht in so far.
(7) the right of creditors to demand satisfaction from the entire estate, remains unaffected.
Section 5 European certificate of succession article 33 scope this section applies to proceedings 1 the exhibition, correction, amendment or revocation of a European certificate of succession, 2. the issue of a certified copy of a European certificate of succession or the extension of the validity period, a certified copy and 3. the suspension of the effects of a European certificate of succession.

§ 34 local and material jurisdiction (1) the Court which have referred to the parties in the proceedings in the jurisdiction, is locally exclusive jurisdiction, unless specified in the following provisions of the Regulation (EU) No. 650/2012 the international jurisdiction of the German courts: 1 article 64 sentence 1 in conjunction with article 7 letter a in connection with article 6 point (b) alternative 1 and with article 5 paragraph 1 alternative 1 of the Regulation (EU) No. 650/2012 or 2nd article 64 sentence 1 in connection with article 7 letter b alternative 1 results in conjunction with article 5 paragraph 1 in alternative 1 of the Regulation (EU) No. 650/2012 (2) the international jurisdiction of the German courts from article 64 sentence 1 in conjunction with article 7 (c) of Regulation (EU) No. 650/2012, is the exclusive local jurisdiction court whose jurisdiction the parties have explicitly recognized.
(3) the international jurisdiction of the German courts results from others, in article 64 sentence 1 of the Regulation (EU) No. 650 / 2012 referred to provisions of this regulation, is the Court fixed solely responsible, in whose district the testator at the time of his death had his habitual residence. The testator at the time of his death was habitually resident in Germany, the Court is fixed solely responsible in whose district the deceased had their last habitual residence in domestic. The deceased had no habitual residence in Germany, the District Court of Schöneberg in Berlin is fixed solely responsible. The District Court of Schöneberg in Berlin can refer the case cause on another Probate Court.
(4) only the District Court is objectively responsible. The District Court decides as a probate Court. Other agencies as courts are competent, according to state regulations for the tasks of the Probate Court these are factually exclusive jurisdiction.

General procedures (1) as far as the Regulation (EU) unless otherwise arising from No. 650/2012 and the provisions of this section, section 35 is legislation to apply the procedures in family matters and in matters of voluntary jurisdiction.
(2) as the Court an application contrary to section 184, sentence 1 of the courts act not in German language is drafted, may order the applicant person, to teach a translation of the application whose Richtigkeit authorized person has been confirmed by one in a Member State of the European Union or in another Contracting State to the agreement on the European economic area for this purpose.
(3) for the information of the beneficiaries through public notice referred to in article 66 (4) of Regulation (EU) No 650/2012 shall apply the paragraphs 435-437 of the law on the procedure in family matters and in matters of voluntary jurisdiction according to.

Section 36 exhibition of a European certificate of succession (1) the application for exhibition of the European certificate of succession is referred to in article 65 of Regulation (EU) No. 650/2012 (2) which has the applicant before a court or before a notary in lieu of oath to make sure that him not known was, what his statements to the exhibition of the European certificate of succession (article 66 (3) of Regulation (EU) No. 650/2012) is contrary to. The Probate Court may adopt the insurance the applicant, if it considers it unnecessary.

§ 37 Parties (1) in proceedings about the exhibition of a European certificate of succession is the applicant of involved. As can other parties consulted are the legal heirs, 2. 1 those who come after the content of a present disposition mortis causa as the heirs to consider, 3, who would be in the case of the ineffectiveness of available testamentary heirs, 4. the legatee with immediate entitlement to the discount, 5. the executor or executors, 6 other persons having a legitimate interest.
At their request, they are to participate.
(2) in proceedings about correction, modification, revocation and suspension of the effects of a European certificate of succession is the applicant of involved. Other persons having a legitimate interest can be consulted as more participants. At their request, they are to participate.
(3) in proceedings about the issue of a certified copy of a European certificate of succession or the extension of the validity period of a certified copy of the applicant of party is.

Section 38 to change an incorrect European certificate of succession at the request of modification or withdrawal of a European certificate of succession that has court or revoke. The withdrawal has to be done also by virtue. The Court has over the costs of the proceedings to decide.


§ 39 species are determining (1) the requirements for the exhibition of a European certificate of succession, the Court shall decide by show the original of a European certificate of succession. There are the conditions for the issue of a certified copy, or for the extension of the validity period of a certified copy, the Court decides by issuing a certified copy, or by extension of the validity period of a certified copy. In addition, the Court decision.
(2) for the issue of a European certificate of succession and the issue of a certified copy, the form 1 sentence 2 in conjunction with article 81 is paragraph under article 67 to use (2) of Regulation (EU) No. 650/2012.

Paragraph 40 of decision decisions according to § 39, paragraph 1, sentence 1 and 2 are the applicant by sending a certified copy posted. The decision will be announced after section 39 paragraph 1 sentence 1 by sending a simple copy of the European certificate of succession further involved.

§ 41 are the decision takes effect, when it is passed the Office for the purpose of the disclosure. The timing of their effectiveness is to be noted on the decision.

Section 42 period of validity the certified copy of a European certificate of succession the validity period of a certified copy of a European certificate of succession begins with their issuance. The provisions of the Civil Code apply to the calculation of the period of validity, insofar as not of Regulation (EEC, EURATOM) no 1182/71 of the Council of 3 June 1971 determining the rules for the deadlines, data and appointments resulting from something else.

§ 43 (1) appeal against the decision in proceedings is number 1 and 3 according to § 33 the appeal to the Court of Appeal held. Article 61 of the law on the procedure in family matters and in matters of voluntary jurisdiction shall not apply. The appeal is to put before the Court, whose decision is contested.
(2) Beschwerdeberechtigt are 1 in proceedings according to § 33 No. 1, where the proceedings relate to the exhibition of a European certificate of succession, heirs, the legatees with immediate entitlement to the discount and the executors or the executors;
2. in the remaining procedures according to § 33 No. 1 as well as in the procedure according to § 33 number 3 those individuals who demonstrate legitimate interest.
(3) the appeal is to insert 1 within one month, if the complainant has habitually resident in Germany;
2. period of two months, if the complainant has habitually resident abroad.
Each, the period begins with the day of notification of the decision.
(4) the appeal is to disclose the other participants.
(5) the appellate court considers the appeal against the exhibition of the European certificate of succession, changes or it revokes the certificate or the initial court instructs to correct the testimony, to change or revoke. The appellate court considers the appeal against the rejection of the exhibition of the European certificate of succession to be well-founded, it exhibits the certificate or the thing in annulment of the contested decision to the review and decision on the initial court refers back. The appellate court issuing the certificate and does not allow the appeal, § 39, paragraph 1, sentence 1 shall apply accordingly. For all other decisions of the appeal under this paragraph and under paragraph 1 sentence 1 shall apply in addition section 69 of the law on the procedure in family matters and in matters of voluntary jurisdiction.

§ 44 appeal the appeal to the Federal Supreme Court shall be permitted when she left to the appellate court. The approval reasons are determined pursuant to article 70 paragraph 2 of the law on the procedure in family matters and in matters of voluntary jurisdiction. Article 43, paragraph 3 shall apply mutatis mutandis.
Section 6 authenticity of documents § 45 stay of domestic proceedings comes it in another Member State for the opening of proceedings over objections to the authenticity of a public document which is established in that Member State, can the domestic procedures to be exposed to the completion of the foreign procedure when it arrives for the decision on the foreign judgment to the authenticity of the certificate.

§ 46 authenticity of a German public certificate (1) objections to the authenticity of a German public document referred to in article 59 (2) of Regulation (EU) No. 650/2012 decides judicial documents the Court, which has set up the certificate. The court competent for the Office of the notary decides for notarial acts. The District Court of Schöneberg in Berlin decides when an instrument built by a consular officer abroad. Moreover decides the District Court in whose district the instrument has been built.
(2) the procedure depends on the provisions of the law on the procedure in family matters and in matters of voluntary jurisdiction.
(3) the final decision takes effect with legal force. An amendment is excluded. The decision looks for and against all.
Section 7 jurisdiction in other matters of voluntary jurisdiction section 47 other territorial jurisdiction is the international jurisdiction of the German courts in matters of voluntary jurisdiction of Regulation (EU) No. 650/2012 and is regulated by the territorial jurisdiction not already in other provisions of this Act, determines the territorial jurisdiction is as follows: 1. If an international competence, arising from the in article 2 paragraph 1 to 3 No. 650/2012 results in those provisions of the Regulation (EU) , according to § 2 paragraph 1 to 3;
2. when an international competence which results from other provisions of the Regulation (EU) No. 650/2012 as in § 2 paragraph 1 to 3 above, according to the rules on territorial jurisdiction in the law on the procedure in family matters and in matters of voluntary jurisdiction.

Related Laws