Law on the assertion of maintenance claims in traffic with foreign states

Original Language Title: Gesetz zur Geltendmachung von Unterhaltsansprüchen im Verkehr mit ausländischen Staaten

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Unlimited Searches
Weekly Updates on New Laws
Access to 5,345,848 Global Laws from 110 Countries
View the Original Law Side-by-Side with the Translation

Subscribe Now for only USD$40 per month.

Law on the assertion of maintenance claims in traffic with foreign states (Foreign maintenance law-AUG)

Unofficial table of contents

AUG

Date of completion: 23.05.2011

Full quote:

" Foreign maintenance law of 23 May 2011 (BGBl. 898), most recently by Article 10 of the Law of 31 August 2013 (BGBl). 3533).

Status:

Last amended by Art. 10 G v. 31.8.2013 I 3533

For more details, please refer to the menu under Notes

Footnote

(+ + + Text certificate: 18.6.2011 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 EGV 4/2009 (CELEX Nr: 32009R0004)   
 EGGerZustAnerkAbk DK (CELEX Nr: 22005A1116 (01) 
 Vollstrzustübk 2007 (CELEX Nr: 22007A1221 (03) cf.  § 1 + + +)

The G was decided by the Bundestag as Art. 1 G v. 23.5.2011 I 898. It occurs gem. Article 20 (1), first sentence, of this G in force on 18.6.2011. Unofficial table of contents

Content Summary

Chapter 1 General Subsection 1Application areas;
Definitions

§ 1	Scope
§ 2	General Court of Procedure
§ 3	Definitions

Section 2Central Authority

§ 4	Central Authority
§ 5	Tasks and powers of the central authority
§ 6	Support from the Youth Welfare Office

Section 3Request for
Support in sub-section of subsection 1Outgoing requests

§ 7	Preliminary examination by the district court; jurisdiction concentration
§ 8	Content and form of the application
§ 9	Scope of pre-examination
§ 10	Translation of the application
§ 11	Forwarding of the application by the central authority
§ 12	Registration of an existing title abroad

Subsection 2Incoming requests

§ 13	Translation of the application
§ 14	Content and form of the application
§ 15	Treatment of a provisional decision

Section 4Data collection
by the central authority

§ 16	Right of access to the central authority for the purpose of achieving or amending a title
§ 17	Right of information for the purpose of recognition, the declaration of enforceability and the execution of a title
§ 18	Notification of the data collection
§ 19	Transmission and deletion of data

Section 5procedural aid

§ 20	Conditions for the approval of procedural aid
Section 21	Responsibility for requests for procedural aid under Directive 2003 /8/EC
Section 22	Legal aid provided for in Article 46 of Regulation (EC) No 4/2009
Section 23	Legal aid for the recognition, enforceable declaration and enforcement of maintenance titles
§ 24	Procedural aid for formal reciprocity procedures

Section 6Supplementary
rules of jurisdiction;
Concentration of competence

Section 25	International jurisdiction in accordance with Article 3 (c) of Regulation (EC) No 4/2009
Section 26	Local competence
§ 27	Local competence for the collection and emergency competence
§ 28	Concentration of jurisdiction; Regulation empowerment
§ 29	Competence within the scope of Regulation (EC) No 1896/2006

Chapter 2Recognition and
Enforcement of decisions Section 1Procedure without exequatur
pursuant to Regulation (EC) No 4/2009

§ 30	Waiver of the enforcement clause; documents
Section 31	Requests for denial, restriction or suspension of enforcement pursuant to Article 21 of Regulation (EC) No 4/2009
Section 32	Enforcement of enforcement
§ 33	Temporary cessation of re-establishment, appeal and opposition
Section 34	Determination of the enforceable content of a foreign title

Section 2Germely
Responsibility for procedures
for recognition and enforceability,
declaration of foreign decisions

§ 35	Jurisdiction; concentration of jurisdiction; authorisation of a regulation

Section 3Procedure with exequatur
pursuant to Regulation (EC) No 4/2009
and the Agreement of the European Union Subsection 1Admission of the
Enforcement from foreign titles

§ 36	Application
Section 37	Delivery recipient
§ 38	Procedure
§ 39	Enforceability of foreign titles in special cases
§ 40	Decision
Section 41	Enforcement clause
§ 42	Notice of decision

Subsection 2complaint, legal complaint

Section 43	Appeal court; lodging of the appeal; appeal period
Section 44	(dropped)
§ 45	Procedure and decision on the complaint
Section 46	Statuality and time limit of legal complaint
§ 47	Introduction and justification of the legal complaint
§ 48	Procedure and decision on legal complaint

Subsection 3Restriction of the
Enforcement on security measures
and unrestricted continuation of foreclosure

§ 49	Limitation Check
§ 50	Security performance by the debtor
Section 51	Auction of movable property
Section 52	Unrestricted continuation of foreclosure; special court orders
Section 53	Unrestricted continuation of the enforcement of the enforcement of the law approved by the court of the first legal proceedings
§ 54	Unrestricted continuation of the foreclosure of the law approved by the appeal court

Subsection 4Determination of recognition
a foreign decision

§ 55	Procedure
§ 56	Cost Decision

Section 4Recognition and
Enforcement of maintenance titles
in accordance with international law-related subsection 1General

Section 57	Application of rules
Section 58	Hearing
§ 59	Notice of appeal
§ 59a	Objections against the claim to be executed in the appeal proceedings
§ 60	Restriction of enforcement by law

Subsection 2Recognition and
Enforcement of maintenance titles
pursuant to the Hague Convention of
23 November 2007 on the international
Assertion of maintenance claims
of children and other family members

§ 60a

Appeal procedures in the area of the Hague Convention

Subsection 3Recognition and
Enforcement of maintenance titles
pursuant to the Hague Convention of
2 October 1973 on recognition and
Enforcement of maintenance decisions

Section 61	Limitation of recognition and enforcement
Section 62	Appeal procedures within the scope of the Hague Convention

Subsection 4Conventions
on the judicial system
Jurisdiction and enforcement
judicial decisions in civil and
Commercial matters of 16 September 1988

§ 63	Special arrangements for appeal proceedings

Section 5Procedure for formal reciprocity

Section 64

Enforceability of foreign titles

Chapter 3XX_ENCODE_CASE_One enforcement,
the application for enforcement of enforcement,
special procedure; section 1XX_ENCODE_CASE_One enforcement of damages, enforcement of enforcement
Defense application, special procedure

Section 65	Enforcement
Section 66	Enforcement order
Section 67	Proceedings after the repeal or amendment of a foreign title declared enforceable in the State of origin
Section 68	Cancellation or amendment of foreign decisions which have been recognised

Section 2Damage
on grounds of unjustified enforcement

Section 69

Compensation for unjustified enforcement

Chapter 4Decisions
German courts; order for payment procedures

Section 70	Application by the debtor in accordance with Article 19 of Regulation (EC) No 4/2009
Section 71	Certificates for domestic titles
Section 72	Set of dynamic maintenance titles for foreclosure abroad
Section 73	Completion of domestic decisions to be used abroad
Section 74	Enforcement clause for use abroad
§ 75	Mahn-proceedings with delivery abroad

Chapter 5Cost; Transitional heading 1Costs

Section 76

Translations

Section 2Transitional provisions

Section 77

Transitional provisions

Chapter 1
General Part

Section 1
Scope; definitions

Unofficial table of contents

§ 1 Scope

(1) This Act serves

1.

the implementation of the following Regulation and the following agreements of the European Union:

a): Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L 393, 30.12.2008, p. OJ L 7, 10.1.2009, p. 1);
b): of the Convention of 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ C 327, 18.12.2005, p. 1). 62), in so far as this agreement is to be applied to maintenance matters;
c): of the Convention of 30 October 2007 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ C 327, 18.12.2007, p. 3), to the extent that this Convention is to be applied to maintenance matters;

2.

the implementation of the following international treaties:

a): of the Hague Convention of 23 November 2007 on the international enforcement of the maintenance rights of children and other family members (OJ L 327, 28.11.2007, p. 51), in accordance with the decision of the Council of the European Union of 9 June 2011 (OJ L 192, 22.7.2011, p. 39) on the approval of this Convention;
b): of the Hague Convention of 2 October 1973 on the Recognition and Enforcement of Maintenance Decisions (BGBl. 826);
c): of the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters of 16 September 1988 (BGBl. 2658), in so far as this Convention is to be applied to maintenance matters;
d): of the New York United Nations Convention of 20 June 1956 on the assertion of maintenance claims abroad (BGBl. 1959, p. 150);

3.

the assertion of legal maintenance claims, if one of the parties has its habitual residence within the scope of this Act and the other party in another State with which reciprocity is guaranteed.

The reciprocity referred to in the first sentence of paragraph 3 is guaranteed if the Federal Ministry of Justice has stated this and made it known in the Bundesgesetzblatt (Federal Law Gazetre) (formal reciprocity). States within the meaning of sentence 1 (3) shall also be sub-states and provinces of a federal state. (2) Regulations in international agreements shall, in so far as they have become directly applicable national law, go to the provisions of this Law. The provisions of the Regulation and of the Agreements referred to in the first sentence of paragraph 1 shall not be affected by the provisions of this Law as a direct right of the European Union. Unofficial table of contents

§ 2 General court proceedings

Unless otherwise provided for in this Act, the provisions of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction shall be applied. Unofficial table of contents

§ 3 Definitions

For the purposes of this Act

1.

Member States are the Member States of the European Union,

2.

International treaties are multilateral and bilateral recognition and enforcement contracts,

3.

Are Beneficiaries

a): natural persons who have or are entitled to receive maintenance benefits,
b): public service providers claiming maintenance rights under overdue law, to the extent that Regulation (EC) No 4/2009 or the international treaty to be issued is to be applied to such claims,

4.

, pledged natural persons who are responsible for maintenance or who are asserted in respect of maintenance claims shall be

5.

titles are judicial decisions, court settlements and public documents to which the regulation to be implemented or the international treaty to be drawn up must be applied,

6.

is the State of origin of the State in which a title has been established; and

7.

An exequatur procedure is the procedure by which a foreign title is admitted to compulsory enforcement in Germany.

Section 2
Central Authority

Unofficial table of contents

§ 4 Central Authority

(1) The Federal Office of Justice shall be the central authority for the judicial and extrajudicial enforcement of claims in maintenance matters pursuant to this law. The central authority operates directly with all the competent authorities in Germany and abroad. (2) The proceedings of the central authority shall be deemed to be a judicial administrative procedure. (3) The Federal Ministry of Justice shall be authorized to carry out tasks of the central authority in accordance with Article 51 (3) of Regulation (EC) No 4/2009, or Article 6 (3) of the Hague Convention of 23 November 2007 on the international enforcement of the maintenance rights of children and other family members to another public Transfer or a legal person of private law with the to those tasks. The Beliehene must be able to provide evidence of basic experience in the enforcement of maintenance claims abroad. The Federal Ministry of Justice determines the scope of the transfer of tasks. The transfer is to be announced by the Federal Ministry of Justice in the Federal Gazette. The Beliehene is subject to the expert supervision of the Federal Ministry of Justice. § 5 (6) and § § 7 and 9 shall not be applied to the activities of the belives. Unofficial table of contents

§ 5 Tasks and powers of the central authority

(1) The judicial and non-judicial enforcement of maintenance claims under this Act shall be made via the central authority as a receiving and transmitting agency. (2) The central authority shall take all appropriate steps to ensure that the To enforce the right of maintenance of the beneficiary. (3) Within the scope of Regulation (EC) No 4/2009, the tasks of the central authority shall be determined in accordance with Articles 50, 51, 53 and 58 of this Regulation. (4) In the The scope of application of the Hague Convention of 23 November 2007 on the international enforcement of the maintenance rights of children and other family members shall be governed by the tasks of the central authority referred to in Articles 5, 6, 7 and 12 of this Convention. (5) The central authority shall be deemed to be authorised, in the case of an in-depth request, to The name of the applicant himself or by means of subpowers by representatives shall be carried out in an out-of-court or judicial manner. In particular, it shall have the power to settle the maintenance claim by means of a comparison or recognition. If necessary, it may also submit an application for maintenance and carry out the execution of a maintenance title. (6) The central authority shall transmit the subsistent funds collected by the pleated persons to the beneficiaries in accordance with the Federal budget rules. The first sentence shall be applicable to the repayment of overpaid amounts or to other payments which are necessary for the performance of the tasks of the central authority. Unofficial table of contents

Section 6 Support by the Youth Welfare Office

If the central authority is active in order to meet the maintenance requirements of minors and young age-old age 21, the 21. If they have not yet completed, assert and enforce them, they may request support from the Jugendamt.

Section 3
Requests for assistance in matters of maintenance

Subsection 1
Outbound Requests

Unofficial table of contents

§ 7 preliminary examination by the district court; jurisdiction concentration

(1) The receiving and examination of an application for assistance in maintenance matters shall be effected by the competent local court for the seat of the Oberlandesgericht, in whose district the applicant has his habitual residence. The District Court of Pankow-Weißensee decides in favour of the district of the Chamber Court. (2) The preliminary examination procedure is a judicial administrative procedure. (3) No costs are charged for the preliminary examination procedure. Unofficial table of contents

§ 8 Content and form of the application

(1) The content of a request addressed to another Member State, with the exception of the Kingdom of Denmark, is governed by Article 57 of Regulation (EC) No 4/2009. (2) The content of one of the parties to another State Party of the Hague Convention of 23 November 2007 on the international application of the maintenance rights of children and other family members addressed in accordance with Article 11 of this Convention. (3) In cases not covered by paragraphs 1 and 2 of this Convention, , the application shall contain all the information necessary for the assertion of the right of May be significant, in particular:

1.

the surname and the first names of the person entitled to do so, his address, the date of his or her birth, his/her nationality, his occupation or employment and, where appropriate, the name and address of his legal representative,

2.

the surname and the first name of the pledge, his address, day, place and country of birth, nationality, profession or employment, to the extent that the person entitled to this information is aware of such information; and

3.

details

a): on the facts to which the claim is based;
b): on the nature and amount of the maintenance required;
c): on the financial and family circumstances of the person concerned, provided that such information may be relevant to the decision;
d): on the financial and family circumstances of the pledge, to the extent that they are known.

An application by a person entitled within the meaning of Section 3 (3) (b) shall contain the information referred to in points 1 and 3 (c) of the person whose entitlement has been transferred. (4) The apperation referred to in paragraph 3 shall be subject to the following: Personal and other relevant documents shall be attached. The court referred to in paragraph 7 may carry out all necessary investigations on its own account. (5) In the cases referred to in paragraph 3, the application shall be submitted by the applicant, by his or her legal representative or by an authorised representative under the assistance of the applicant. to sign a power of atonation. To the extent that this is necessary in accordance with the law of the requesting State, the accuracy of the information is to be insure by the applicant or by its legal representative in a eidesstately. Special requirements of the requesting State in the form and content of the request shall be sufficient to the extent that there are no compelling provisions of German law. (6) In the cases referred to in paragraph 3, the application to the receiving office of the applicant shall be sufficient. The State in which the claim is to be made. Unofficial table of contents

§ 9 Scope of the preliminary examination

(1) The bureau of the local court or the judges appointed in the context of the distribution of judicial management operations shall examine

1.: in cases of formal reciprocity (Article 1 (1), first sentence, point 3), whether, under German law, the intended legal proceedings would have a sufficient prospect of success,
2.: in the other cases, whether the application is presumed to be wilful or manifestly unfounded.

If, in the cases referred to in the first paragraph of sentence 1, he has the right of success, he shall issue a certificate to this effect, shall arrange for it to be translated into the language of the State to be requested, and shall attach such documents to the request. (2) In the absence of sufficient prospect of success (paragraph 1, first sentence, point 1), or if the application is presumed to be unreasonable or manifestly unfounded (paragraph 1, first sentence, point 2), the judge shall reject the forwarding of the application. The negative decision shall be justified and shall be notified to the applicant with an appeal for the right to appeal. In accordance with § 23 of the Introductory Act, it is subject to appeal. (3) There are no grounds for refusal, the court shall send the application, together with annexes and available translations, with three certified copies of the application directly to the court. the central authority. (4) Within the scope of the New York UN Convention of 20 June 1956 on the assertion of maintenance claims abroad (BGBl. 150), the Judge shall, in the cases referred to in the second sentence of paragraph 2, submit a request from the central authority for a decision on the forwarding of the application. Unofficial table of contents

§ 10 Translation of the application

(1) The applicant shall attach certified translations in the language of the requesting State to the application in addition to annexes from a sworn translator. The provisions of Articles 20, 28, 40, 59 and 66 of Regulation (EC) No 4/2009 shall remain unaffected. Where, within the scope of the international contract to be carried out in each case, a translation of documents into a language which the State to be requested has declared admissible is necessary, the translation shall be drawn up by a person, which is empowered to produce translations in one of the Contracting States. (2) In spite of the request by the central authority, the applicant does not procure the necessary translation himself, the central authority shall arrange for the translation to be made its costs. (3) The competent local court in accordance with § 7 (1) shall exempt the Applicant, on request, from the obligation to grant the costs of the translation provided by the central authority, if the applicant has the personal and economic conditions of a non-rata-free legal aid according to § 113 of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction in conjunction with Section 115 of the Code of Civil Procedure. (4) § 1077 (4) of the Code of Civil Procedure remains unaffected. Unofficial table of contents

§ 11 forwarding of the application by the central authority

(1) The central authority shall examine whether the application complies with the formal requirements of the foreign procedure to be submitted. If these are fulfilled, it shall forward the application to the body responsible abroad. (2) The central authority supervises the orderly execution of the request. (3) If the central authority departs from the forwarding of the application, the second sentence of § 9 (2) and the third sentence of the request shall be based on the request. shall apply accordingly. Unofficial table of contents

§ 12 Registration of an existing title abroad

If a domestic court decision or another title within the meaning of Section 3 (5) is already available via the maintenance claim, the beneficiary may also submit a request for registration of the decision abroad, to the extent that that request is made available in the following: the law in force provides for. § § 7 to 11 shall be applied accordingly; an examination of the legality of the submitted domestic title shall not take place.

Subsection 2
Incoming requests

Unofficial table of contents

§ 13 Translation of the application

(1) If a translation of documents is required, it shall be written in the German language. (2) The accuracy of the translation shall be certified by a person authorized to do so in the following States:

1.: in one of the Member States or in another Contracting State of the Agreement on the European Economic Area;
2.: in a State Party to the international contract to be executed in each case, or
3.: in a State with which reciprocity is formally guaranteed (Article 1 (1), first sentence, point (3)).

(3) The central authority may refuse to act, as long as communications or documents to be annexed are not written in German or translated into the German language. However, within the scope of Regulation (EC) No 4/2009, it is only entitled to require translation under this Regulation. (4) The central authority may, in cases of formal reciprocity (Article 1 (1), first sentence, point 3), be entitled to: in the case of traffic with certain states or in individual cases, the need for a translation and the translation itself. Unofficial table of contents

§ 14 Content and form of the application

(1) The content of an application from another Member State, with the exception of the Kingdom of Denmark, is governed by Article 57 of Regulation (EC) No 4/2009. (2) The content of an application from another Contracting State of the Hague Convention of 23 November 2007 on the international assertion of the maintenance rights of children and other family members is addressed in accordance with Article 11 of this Convention. (3) In the cases not covered by paragraphs 1 and 2, the application shall all contain information which may be relevant to the assertion of the claim; in particular

1.: in the case of an indexation of a tituated maintenance requirement, the modalities for the calculation of this indexation and
2.: in the case of an obligation to pay statutory interest, the statutory interest rate and the beginning of the interest rate obligation.

In addition, Section 8 (3) shall apply. (4) In the cases referred to in paragraph 3, the application shall be signed by the applicant, by his or her legal representative or by an authorised representative, with the addition of a full power, and shall be subject to a Opinion of the foreign body which has accepted and examined the application. This opinion shall also indicate the amount of maintenance required at the place of residence of the person concerned. The application and the annexes are to be submitted in two cases. The related civil status documents and other relevant documents shall be attached and other evidence shall be clearly identified. Unofficial table of contents

Section 15 Treatment of a provisional decision

In proceedings involving formal reciprocity (Article 1 (1), first sentence, point (3)), a foreign decision which has been issued without consulting the pledge and subject to confirmation by the requested court shall be deemed to have been received by the competent authorities. Request for the performance of a maintenance title. § 8 (3) and 14 (3) sentence 1 shall apply accordingly.

Section 4
Data collection by the central authority

Unofficial table of contents

Section 16 Right of information of the central authority to obtain or amend a title

(1) Where the current place of residence of the person concerned or of the pledge is not known, the central authority may, in order to carry out the tasks assigned to it in accordance with Article 5, provide information on its addresses and on its addresses to a competent reporting authority. (2) Where the place of residence referred to in paragraph 1 is not to be determined, the central authority may collect the following data:

1.: the current address, the current or future place of residence of the person concerned, from the institutions of the statutory pension insurance;
2.: The Federal Office of the Federal Republic of Germany and the Federal Office for Foreign Affairs of the Federal Republic of Germany (Bundesamt) shall be responsible for the data subject to the
3.: if the person concerned belongs to the foreign armed forces which are stationed in Germany, the competent authority of the force shall be the competent authority of the person concerned.

(3) Where the central authority is unable to determine the place of residence of the pledge referred to in paragraphs 1 and 2, it may arrange for a search to be made in the central register. Unofficial table of contents

§ 17 Right of access for the purpose of recognition, declaration of enforceability and enforcement of a title

(1) If the maintenance requirement is tituated and the debtor refuses to provide information on his income and assets, at the request of the central authority, or if it is executed in the assets specified by the debtor, not to be expected to satisfy the full satisfaction of the creditor, the central authority shall be entitled to the right of access to the information provided for in § 16 for the purpose of recognition, declaration of enforceability and enforcement of a title. The central authority may, after prior threat, also

1.: collect the names, first names, the firm and the addresses of the current employers of the debtor's employment relationships subject to insurance, from the institutions of the statutory pension insurance scheme;
2.: in the case of the competent institution of the basic insurance for job-seekers, a performance reference in accordance with the Second Book of the Social Code-basic protection for job-seekers-queries;
3.: -request the Federal Central Office for Taxes to obtain from the credit institutions the debtor's data referred to in § 93b (1) of the Tax Code (§ 93 (8) of the Tax Code);
4.: The Federal Office of the Federal Motor Transport Authority (Bundesamt) shall collect the vehicle and holding data in accordance with section 33 (1) of the Road Traffic Act into a vehicle as the holder of which the debtor is registered.

(2) Data on the assets of the debtor may only be collected by the central authority if it is necessary for the execution of the debtor. Unofficial table of contents

Section 18 Notification of data collection

(1) The central authority shall, in principle, inform the applicant only if a request for information pursuant to § § 16 and 17 was successful. (2) The central authority shall immediately inform the person concerned of the collection of data in accordance with § § 16 and 17 shall be notified unless enforcement of the title would be foiled or made substantially more difficult. Notwithstanding the first sentence, the notification shall be notified not later than 90 days after receipt of the information. Unofficial table of contents

Section 19 Transmission and deletion of data

(1) The central authority may transmit personal data to other public and non-public bodies if this is necessary for the performance of the tasks assigned to it in accordance with § 5. The data may only be used for the purpose for which it has been transmitted. (2) Data which are not or no longer required for the purpose of recognition, enforceable declaration or enforcement shall be immediately available to the central authority. delete. The deletion is to be logged. Section 35 (3) of the Federal Data Protection Act remains unaffected.

Section 5
Procedural Cost Aid

Unofficial table of contents

Section 20 Conditions for the approval of procedural aid

§ 113 (1) of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction in conjunction with § § 114 to 127 of the Code of Civil Procedure shall be based on the granting of procedural aid in accordance with the provisions of the Code of Civil Procedure. unless otherwise specified in this Act. Unofficial table of contents

Section 21 Responsibility for procedural aid applications pursuant to Directive 2003 /8/EC

(1) By way of derogation from the first sentence of § 1077 (1) of the Code of Civil Procedure, the receipt and transmission of applications by natural persons to cross-border procedural aid pursuant to § 1076 of the Code of Civil Procedure shall be effected by means of: the District Court responsible for the seat of the Higher Regional Court in whose district the applicant has his habitual residence. The District Court of the District Court of Pankow-Weißensee decides. (2) For incoming requests, § 1078 (1) sentence 1 of the Code of Civil Procedure shall apply. Unofficial table of contents

Section 22 Cost-aid provided for in Article 46 of Regulation (EC) No 4/2009 and Articles 14 to 17 of the Hague Convention of 23 November 2007 on the international enforcement of the maintenance rights of children and other family members

(1) One person who is the 21. Life-year has not yet been completed, receives legal aid for applications irrespective of their economic circumstances

1.: pursuant to Article 56 of Regulation (EC) No 4/2009, in accordance with Article 46 of that Regulation, and
2.: pursuant to Chapter III of the Hague Convention of 23 November 2007 on the international enforcement of the maintenance rights of children and other family members, in accordance with Article 15 of this Convention.

Through the granting of legal aid, it shall be definitively exempted from payment of the costs referred to in § 122 (1) of the Code of Civil Procedure. Paragraph 3 shall remain unaffected. (2) The granting of procedural aid may only be refused if the application is willingly or manifestly unfounded. In the cases referred to in Article 56 (1) (a) and (b) of Regulation (EC) No 4/2009 and Article 10 (1) (a) and (b) of the Hague Convention of 23 November 2007 on the international enforcement of the maintenance rights of Children and other family members and with regard to the cases covered by Article 20 (4) of this Convention, the prospects of success shall not be considered. (3) The applicant shall be subject to a court procedure, the court may, in accordance with Article 67 of Regulation (EC) No 4/2009, and Article 43 of the Hague Convention of 23 June 2009. On 19 November 2007 on the international enforcement of the maintenance rights of children and other family members, a reimbursement of costs incurred by means of procedural aid shall be required if this is done in the light of the financial circumstances of the applicant's balance. Unofficial table of contents

Section 23 procedural aid for the recognition, enforceable declaration and enforcement of maintenance titles

Where the applicant has received, in whole or in part, legal aid in the State of origin for the recognition procedure, he/she shall be responsible for the procedure for the recognition, declaration of enforceability and enforcement of the decision on the cost of the proceedings Willing. Through the granting of legal aid, the applicant shall be definitively exempted from the payment of the costs referred to in § 122 (1) of the Code of Civil Procedure. This shall not apply if the authorization pursuant to Section 124 (1) (1) of the Code of Civil Procedure is repealed. Unofficial table of contents

Section 24 procedural aid for procedures with formal reciprocity

If, in proceedings pursuant to Article 1 (1), first sentence, point (3), the intended legal proceedings of incoming requests offer sufficient prospect of success and if it does not appear to be reasonable, the person entitled to do so shall also be without an express request. To grant procedural aid. In this case, it shall not have to pay monthly instalments or amounts to be paid from the assets. By granting procedural aid, the person entitled shall be definitively exempted from payment of the costs referred to in § 122 (1) of the Code of Civil Procedure, provided that the authorization does not apply in accordance with Section 124 (1) (1) of the Code of Civil Procedure is repealed.

Section 6
Complementary rules of jurisdiction; concentration of competence

Unofficial table of contents

Section 25 International jurisdiction in accordance with Article 3 (c) of Regulation (EC) No 4/2009

(1) The German courts shall have jurisdiction in maintenance matters in accordance with Article 3 (c) of Regulation (EC) No 4/2009, where:

1.

The German courts are responsible for the marriage or the life partnership matter under the following provisions:

a): within the scope of Council Regulation (EC) No 2201/2003 of 27 November 2003 on jurisdiction and the recognition of judgments in matrimonial matters and in matters of parental responsibility and repealing Regulation (EC) No 2201/2003 of 27 November 2003 (EC) No 1347/2000 (OJ L 136, 31.5.2000 1) in accordance with Article 3 (1) of this Regulation,
b): in accordance with Section 98 (1) of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction, or
c): in accordance with Section 103 (1) of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction;

2.

Subsisting in a procedure for the determination of the paternity of a child is made and the German courts are responsible for the procedure for the determination of paternity internationally, according to

a): § 100 (1) of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction and of both the beneficiaries and the pledged Germans,
b): Section 100 (2) of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction.

(2) Paragraph 1 (1) (b) and (c) shall not apply where German courts are responsible for only one of the parties concerned on the basis of German nationality. Unofficial table of contents

Section 26 Local competence

(1) Local authority pursuant to Article 3 (c) of Regulation (EC) No 4/2009 shall be the Local Court,

1.: where the case of marriage or civil partnership is or has been pending in the first legal proceedings as long as the marriage or civil partnership matter is pending;
2.: where the procedure for the determination of paternity in the first legal proceedings is pending, when child support is claimed in the context of a descent procedure.

In the cases referred to in the first subparagraph of sentence 1, the provisions of Section 248 (2) of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction (2) § 233 of the Law on the Procedure in Family Matters Family matters and the matters of voluntary jurisdiction shall remain unaffected. Unofficial table of contents

§ 27 Local competence for the collection and emergency competence

If the German courts have international jurisdiction in accordance with Articles 6 or 7 of Regulation (EC) No 4/2009, the district court of Pankow-Weißensee in Berlin is exclusively responsible for the local jurisdiction. Unofficial table of contents

§ 28 Concentration of jurisdiction; Regulation empowerment

(1) Where a participant does not have his or her habitual residence domesically, in the cases referred to in Article 3 (a) and (b) of Regulation (EC) No 4/2009, applications in matters relating to maintenance shall be decided exclusively for the seat of the person concerned. Upper county court in whose district the defendant or the person entitled has his habitual residence, competent local court. The district court of the Chamber Court is responsible for the district court of Pankow-Weißensee. (2) The state governments are authorized to exercise this jurisdiction by decree of law to another district court of the Higher Regional Court or, if in a country Several Oberlandesgericht (Oberlandesgericht) have been established, to be assigned to a district court for the districts of all or several Oberlandesgericht. The national governments can transfer this authorisation to the Land Justice Administrations by means of a legal regulation. Unofficial table of contents

Section 29Responsibility within the scope of Regulation (EC) No 1896/2006

With regard to competence within the scope of Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 establishing a European order for payment procedure (OJ L 378, 27.12.2006, p. 1) remains unaffected by Section 1087 of the Code of Civil Procedure.

Chapter 2
Recognition and enforcement of decisions

Section 1
Procedure without exequatur in accordance with Regulation (EC) No 4/2009

Unofficial table of contents

§ 30 waiver of the enforcement clause; documents

(1) Enforcement of the conditions laid down in Articles 17 or 48 of Regulation (EC) No 4/2009 shall take place from the foreign title without the need for an enforcement clause. (2) The form provided for by the enforceable body Article 20 (1) (b) or Article 48 (3) of Regulation (EC) No 4/2009 should be inextricably linked to the title to be executed. (3) If the creditor referred to in Article 20 (1) (d) of Regulation (EC) No 4/2009, the creditor shall be required to: In the case of a translation or a transcript, these documents shall be submitted by a person, which, in one of the Member States, has the power to translate into the German language. Unofficial table of contents

Section 31 Requests for denial, restriction or suspension of enforcement under Article 21 of Regulation (EC) No 4/2009

(1) In the case of requests for refusal, restriction or suspension of enforcement pursuant to Article 21 of Regulation (EC) No 4/2009, the District Court is competent to act as a court of enforcement. The court has jurisdiction in Section 764 (2) of the Code of Civil Procedure. (2) The decision on the application for a refusal of enforcement (Article 21 (2) of Regulation (EC) No 4/2009) is taken by decision. Section 770 of the Code of Civil Procedure shall be applied accordingly. The decision is subject to an immediate complaint pursuant to Section 793 of the Code of Civil Procedure. Until the decision under sentence 1, the court may take orders pursuant to Section 769 (1) and (3) of the Code of Civil Procedure. (3) On the application for suspension or restriction of enforcement (Article 21 (3) of Regulation (EC) No 4/2009). the court decides by an injunction. The decision shall be indisputable. Unofficial table of contents

Section 32 Cessation of enforcement

Enforcement shall be discredited or restricted in accordance with Section 775 (1) and (2) and § 776 of the Code of Civil Procedure even if the debtor has a decision of a court of the State of origin on the non-enforceability or on the basis of the restriction of enforceability. A translation of the decision shall be submitted on request. In this case, the decision shall be made by a person authorised to do so in a Member State to translate into the German language. Unofficial table of contents

Section 33 Temporary cessation of reinstatation, appeal and objection

(1) If the debtor has applied for re-establishment in the State of origin or has appealed against the decision to be executed, the provisions of § § 707, 719 (1) of the Code of Civil Procedure and § 120 (2) sentence 2 and 3 shall apply. of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction. (2) The court determined in Section 35 (1) and (2) shall be responsible. Unofficial table of contents

Section 34 Determination of the enforceable content of a foreign title

(1) In the absence of a sufficient degree of certainty, the executing institution shall, in the absence of sufficient certainty, discontinue the enforcement of a foreign title which does not require an enforcement clause, the creditor may determine the content of the enforceable content (concretization) of the title. The court is responsible for the court's jurisdiction in § 35 (1) and (2). (2) The application may be filed in writing or declared to the office of the office of the office. The Court of First Instance may decide on the application without oral proceedings. The debtor shall be heard before the decision taken by decision. The decision shall be justified. (3) The court shall concretise the foreign title, the enforcement shall take place under this decision, without the need for an enforcement clause. The decision shall be inextricably linked to the foreign title and shall be notified to the debtor. (4) The appeal against the decision shall be the appeal under the law on the procedure in family matters and in the affairs of the voluntary Jurisdiction stateaft. § 61 of the Act on the Procedure in Family Matters and in the matters of voluntary jurisdiction shall not apply.

Section 2
Jurisdiction for procedures for the recognition and declaration of enforceable decisions of foreign decisions

Unofficial table of contents

Section 35 Jurisdiction; concentration of jurisdiction; authorisation of the regulation

(1) The District Court, which is responsible for the seat of the Oberlandesgericht (Oberlandesgericht), decides on a request for the recognition of the recognition or of a request for a declaration of enforceable order of a foreign title under sections 3 to 5. , in its jurisdiction

1.: the person against which the title is directed is habituated, or
2.: that enforcement is to be carried out.

The district court of the district court decides the district court of Pankow-Weißensee. (2) The state governments are authorized to exercise this jurisdiction by decree of law to another district court of the Oberlandesgericht district or, if in one country several Upper county courts are established to assign a district court to the districts of all or several Higher Regional Courts. The State Governments may transfer this authorisation to the Land Justice Administrations by means of a legal regulation. (3) In a procedure which relates to the declaration of enforceability of a notarial document, this document may also be used by a national court. Notary shall be declared enforceable in the field of application

1.: of Regulation (EC) No 4/2009, or
2.: of the Convention of 30 October 2007 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

The provisions relating to the procedure for the declaration of enforceable proceedings by a court of law shall apply mutatily.

Section 3
Procedure with exequatur in accordance with Regulation (EC) No 4/2009 and the European Union agreements

Subsection 1
Admission of compulsory enforcement from foreign securities

Unofficial table of contents

Section 36 Application

(1) The title enforceable in another State shall be admitted to enforcement by the enforcement of the order for enforcement upon application. (2) The application for the enforcement clause may be filed with the competent court (3) If the application is not written in German, contrary to § 184 of the Law of the Court of Justice, the court may submit a translation from the applicant. , the accuracy of which has been confirmed by a person who is in one of the the following States shall have the power to:

1.: in a Member State or in another Contracting State of the Agreement on the European Economic Area, or
2.: in a State Party to the international contract to be carried out in each case.

(4) The copy of the title which is to be provided with the enforcement clause and the translation thereof, to the extent that such a title is presented, shall be accompanied by two copies. Unofficial table of contents

§ 37 Delivery recipient

(1) If the applicant does not appoint an agent for delivery within the meaning of the first sentence of Article 184 (1) of the Code of Civil Procedure in the application, all deliveries to him by post (§ 184 paragraph 1 sentence) can be made until the subsequent appointment. (2) Paragraph 1 shall not apply where the applicant has designated a procedural representative for the procedure to be served in the territory of the country. (3) Paragraphs 1 and 2 shall apply to proceedings in accordance with of Regulation (EC) No 4/2009. Unofficial table of contents

§ 38 Procedure

(1) The decision 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. Unofficial table of contents

Section 39 enforceability of foreign titles in special cases

(1) In accordance with the content of the title, the enforcement of enforcement shall be suspended by a guarantee provided to the creditor, the expiry of a period or the occurrence of any other fact, or the order for enforcement shall be the benefit of a person other than the in the title of the creditor referred to in the title or against a debtor other than the debtor designated therein, the question shall be whether 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 built. Proof must be provided by means of documents, unless the facts are obvious in the court. (2) If proof cannot be provided by documents, the respondent must be heard at the request of the applicant. In this case, all evidence shall be admissible. The Court of First Instance may also order the oral proceedings. Unofficial table of contents

Section 40 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. In order to justify the decision, the reference to Regulation (EC) No 4/2009, or to the international law to be carried out in each case, and to documents submitted by the applicant, shall normally be sufficient. § 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 of First Instance rejects the request by reasoned decision. The costs shall be borne by the applicant. (3) The decision shall take effect with the notification to the parties concerned. Unofficial table of contents

Section 41 Enforcement clause

(1) On the basis of the decision referred to in Article 40 (1), the official of the office shall issue the enforcement clause in the following form:
" Enforcement clause in accordance with § 36 of the German Law on Maintenance of Maintenance of 23 May 2011 (BGBl. I p. 898). 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 § 40 (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) Forced enforcement shall be authorised only for one or more of the claims recognised by the foreign decision or laid down in another foreign title, or only for part of the subject-matter of the obligation, such The Enforcement Clause is a " partial enforcement clause according to § 36 of the Foreign Maintenance Law of 23 May 2011 (BGBl. I p. 898). (3) The order for enforcement must be signed by the official of the office of the office and 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. Unofficial table of contents

Section 42 announcement of the decision

(1) If the Court of First Instance permits enforcement (Article 40 (1)), a certified copy of the decision, a certified copy of the title bearing the Enforcement Clause and, where appropriate, the translation thereof, shall be certified by the defendant. and to the documents referred to in Article 40 (1), third sentence, ex office. 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 40 (2)).

Subsection 2
Appeal, legal complaint

Unofficial table of contents

§ 43 Appellate court; filing of appeal; appeal period

(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) § 61 of the Act on the Procedure in Family Matters and in the matters of voluntary jurisdiction is not applicable. (4) The Appeal of the defendant against the admission of the enforcement of the enforcement shall be filed

1.

within the scope of Regulation (EC) No 4/2009 and of the Agreement of 19. 1 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters within the time limit laid down in Article 32 (5) of the Regulation (EC) No 4/2009,

2.

, within the scope of the Convention of 30 October 2007 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters

a): within one month of service, if the defendant is domicated, or
b): within two months of service, if the defendant has his residence abroad.

The time limit shall begin on the date on which the declaration of enforceable payment has been delivered to the defendant either personally or in his home. An extension of this period due to further removal is excluded. (5) The appeal is to be notified to the respondent of its own motion. Unofficial table of contents

§ 44 (omitted)

- Unofficial table of contents

Section 45 Procedure and decision on the complaint

(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) If, according to the decision of the Board of Appeal, the enforcement of the title is to be admitted for the first time, the official of the Board of Appeal of the Appeal Court shall issue the enforcement clause. § 40 (1) sentence 2 and 4, § § 41 and 42 (1) shall apply accordingly. An addition that the enforcement may not go beyond the measures for the protection of the law shall be included only if the appeal court has issued an order pursuant to section 52 (2). The contents of the additive are determined according to the content of the arrangement. Unofficial table of contents

§ 46 Statliability and time limit for appeal

(1) The appeal will be filed against the decision of the Board of Appeal. (2) The appeal is to be filed within one month. (3) The right of appeal begins with the notification of the decision (§ 45 (3)). (4) § 75 of the Law on the procedure in family matters and in the matters of voluntary jurisdiction shall not apply. Unofficial table of contents

Section 47 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. The first sentence of Article 71 (1) of the Act on the Procedure in Family Matters and in the matters of voluntary jurisdiction shall not apply. In so far as the appeal court 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 is different must be referred to. Unofficial table of contents

Section 48 Procedure and decision on legal complaint

(1) The Federal Court of Justice can only verify whether the decision is based on an infringement of the law of the European Union, a relevant international law or other federal law, or any other provision, the The Bundesgerichtshof (Federal Court of Justice) can decide on the legal complaint without oral proceedings. § § 73 and 74 of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction are to be applied accordingly. (3) Insofar as the enforcement of the law is based on the title of the title, the law shall be applied in the following manner: for the first time being approved by the Federal Court of Justice, the official of the office of this court shall issue the order for enforcement. § 40 (1) sentence 2 and 4, § § 41 and 42 (1) shall apply accordingly. An addition to the restriction of the foreclosure of enforcement is not required.

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

Unofficial table of contents

Section 49 Examination of the restriction

Objections of the debtor to the effect that, in the enforcement of the enforcement order, the limitation to security measures in accordance with Regulation (EC) No 4/2009 or the international legal contract to be carried out or on the basis of an order based on this law (§ 52 (2), or the creditor's objections to the fact that a certain measure of enforcement is compatible with this restriction, are in the process of remembering § 766 of the Code of Civil Procedure in the Court of Enforcement of the Court of Enforcement (§ 764 of the Code of Civil Procedure). Unofficial table of contents

§ 50 Security performance by the debtor

(1) As long as the enforcement of a title, which is the performance of money, must not exceed the provisions of the safeguard, the debtor shall be entitled to avert the enforcement of 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

Section 51 Auctioning of movable property

If a movable property is paved and the foreclosure is not allowed to go beyond the measure of the security, the executing court may order, upon request, that the matter be auctioned and the proceeds shall be deposited if it is liable to is subject to a significant reduction in value, or where its storage would cause disproportionate costs. Unofficial table of contents

Section 52 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, by the expiry of the time limit for the lodging of the appeal or until the decision on that appeal, the foreclosure proceedings shall not be or only are allowed to 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 53 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 52 (2),
3.: if the Federal Court of Justice has repealed the order of the appeal court pursuant to section 52 (2) (second sentence of section 52 (3)), 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 measures of assurance, as soon as a decision of the Appeal Court announces that the title is not allowed to enforce enforcement, or is delivered. Unofficial table of contents

Section 54 Unrestricted continuation of the enforcement of the law permitted 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 45 (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 (§ 46 (2)),
2.: if the Federal Court of Justice has repealed the order of the appeal court pursuant to section 52 (2) (second sentence of section 52 (3)), 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 55 Procedure

(1) § § § 36 to 38, 40 (2), § § 42 to 45 (1) to (3), § § 46, 47 and 48 (1) and (2) shall apply to the procedure for determining whether a decision is to be recognized from another state. (2) If the request for a determination is justified, the court shall decide to recognise the decision. Unofficial table of contents

Section 56 Codecision

In the cases referred to in Article 55 (2), the costs shall be borne by the respondent. This may limit the appeal (§ 43) 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.

Section 4
Recognition and enforcement of maintenance obligations under international law

Subsection 1
General

Unofficial table of contents

Section 57 Application of provisions

The provisions of § § 36 to 56 shall apply mutatis-ly to the recognition and enforceable declaration of foreign maintenance titles in accordance with the international law treaties referred to in the first sentence of section 1 (1), first sentence, point 2, to the extent that this section nothing else is determined. Unofficial table of contents

Section 58 Consultation

The court decides in the proceedings according to § 36 without hearing the respondent. Unofficial table of contents

Section 59 Complaint

(1) The appeal against the decision on the application for the enforcement clause in the first appeal shall be filed within one month of notification. (2) Must be delivered to the defendant abroad or by public notice, and if the court does not consider the time limit for appeal in accordance with paragraph 1 to be sufficient, it shall, in the decision pursuant to § 40 or subsequently by special decision, which shall be issued without oral proceedings, shall determine a longer period of time. Notice of appeal. The time limit laid down in the first sentence for the lodging of the appeal shall be noted on the certificate of delivery effected (Section 42 (1) sentence 2). The provisions relating to the commencement of the period of appeal shall also remain unaffected in the case of retrospective fixing. Unofficial table of contents

Section 59a Objections against the claim to be enforced in the appeal proceedings

(1) The debtor may, with the complaint against the authorisation of the enforcement of a decision, also invoke objections against the claim itself in so far as the reasons on which they are based only after the (2) With the complaint directed against the admission of enforcement from a court settlement or a public document, the debtor may use the objections to the claim against the claim itself. irrespective of the restriction contained in paragraph 1. Unofficial table of contents

§ 60 Restriction of the enforcement of enforcement by law

Enforcement shall be limited to security measures as long as the time limit for lodging the appeal is still in progress and as long as the complaint has not yet been decided.

Subsection 2
Recognition and enforcement of maintenance obligations under the Hague Convention of 23 November 2007 on the international enforcement of the maintenance rights of children and other family members

Unofficial table of contents

Section 60a Appeal procedure in the area of the Hague Convention

By way of derogation from § 59, the time limits laid down in Article 23 (6) of the Hague Convention shall apply to the appeal proceedings.

Subsection 3
Recognition and enforcement of maintenance titles in accordance with the Hague Convention of 2 October 1973 on the Recognition and Enforcement of Maintenance Decisions

Unofficial table of contents

Section 61 Restriction of recognition and enforcement

(1) Public documents from another Contracting State shall only be recognised and enforced if that State has made the declaration provided for in Article 25 of the Convention. (2) The recognition and enforcement of decisions taken from another State Party shall not be subject to the recognition and enforcement of any other State Party. Contracting State on maintenance claims between relatives in the sidelines and between those who have been enforced shall be refused at the request of the defendant if:

1.: no maintenance obligation exists in accordance with the provisions of the law of the State to which the pledge and the authorized persons belong, or
2.: the pledge and the person entitled shall not be of the same nationality and shall not be subject to any maintenance obligations in accordance with the law applicable in the place of habitual residence of the person concerned.

Unofficial table of contents

Section 62 Appeal procedure within the scope of the Hague Convention

(1) By way of derogation from § 59 (2) sentence 1, the time limit for the debtor's appeal against the admission of the enforcement shall be two months if the service to the debtor is to be effected abroad. (2) The Higher Regional Court may be Suspend the decision on the appeal against the enforcement of enforcement at the request of the debtor if an ordinary appeal has been lodged against the decision in the State of origin or the time limit for this has not yet been expired. In the latter case, the Oberlandesgericht may determine a time limit within which the appeal is to be submitted. The court may also make the enforcement dependent on a security benefit. (3) Paragraph 2 shall apply in accordance with the procedure for the recognition of the recognition of a decision.

Subsection 4
Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters of 16 September 1988

Unofficial table of contents

Section 63 Special arrangements for appeal proceedings

(1) The time limit for the respondent's appeal against the decision on the admission of enforcement shall be two months and shall begin to run from the day on which the decision to the defendant is to be taken either in person or in his or her own If the defendant is domicated or has its registered office in another Contracting State of this Convention. An extension of this period due to further removal is excluded. Section 59 (2) shall not apply. (2) § 62 (2) and (3) shall apply accordingly.

Section 5
Procedures for formal reciprocity

Unofficial table of contents

Section 64 enforceability of foreign titles

(1) The enforceability of foreign securities in proceedings with formal reciprocity pursuant to Article 1 (1), first sentence, point 3, is governed by Article 110 (1) and (2) of the Act on the Procedure in Family Matters and in the matters of voluntary jurisdiction. The legal force of the decision is not required for the declaration of enforceability. (2) If the foreign title is to be declared enforceable, the court may, at the request of one of the parties, in its order of enforcement, to declare the foreign title in the foreign Change the amount and duration of the payments to be made by the title. If the foreign decision is final, an amendment shall be admissible only in accordance with § 238 of the Act on the Procedure in Family Matters and in the matters of voluntary jurisdiction.

Chapter 3
Enforcement, enforcement of enforcement order, special proceedings; compensation

Section 1
Enforcement, enforcement of enforcement order, special procedure

Unofficial table of contents

Section 65 Enforcement

§ 120 (1) of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction applies to the execution of foreign maintenance titles, insofar as in Regulation (EC) No 4/2009 and in this Act nothing else is determined. Unofficial table of contents

Section 66 Enforcement of the enforcement order

(1) If a foreign title is enforceable in accordance with Regulation (EC) No 4/2009 without exequatur procedure or is declared enforceable in accordance with this Regulation or any of the agreements referred to in Article 1 (1), first sentence, point 1, the debtor may: Objections to the claim itself, in a procedure pursuant to Section 120 (1) of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction in conjunction with Section 767 of the Code of Civil Procedure apply. Where the title is a court decision, this shall apply only in so far as the grounds on which the objections are based have not arisen until after the adoption of the decision. (2) The enforcement of a title shall be made up of a title after one of the following: In accordance with Article 1 (1), first sentence, point 2, the debtor may use objections to the claim even in proceedings under Section 120 (1) of the Act on the Procedure in Family Matters and in the Matters of the voluntary jurisdiction, in conjunction with Section 767 of the Code of Civil Procedure, only to assert if the reasons on which his objections are based have only arisen:

1.: after the expiry of the time limit within which he could have lodged the complaint, or
2.: if the appeal has been lodged, after the termination of this procedure.

(3) The application pursuant to Section 120 (1) of the Law on the Procedure in Family Matters and in the matters of voluntary jurisdiction in conjunction with Section 767 of the Code of Civil Procedure shall be submitted to the General Court, which shall apply the request to: The granting of the enforcement clause has been decided. In the cases referred to in paragraph 1, the competence shall be governed by Article 35 (1) and (2). Unofficial table of contents

Section 67 Procedure after the repeal or amendment of a foreign title declared enforceable in the State of origin

(1) Where the title is repealed or amended in the 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 cancel or amend the (2) The Court of First Instance has sole jurisdiction to decide on the application, which has decided on the application for the grant of the enforcement clause. (3) The application may apply to the application of the application. in writing or in the minutes of the office of the office. The application may be decided without oral proceedings. The creditor is to be heard before the decision is taken by decision. § 45 (2) and (3) shall apply mutatily. (4) The decision shall be subject to the appeal. The time limit for lodging the complaint shall be one month. In addition, § § 58 to 60, 62, 63 (3) and § § 65 to 74 of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction are to be applied accordingly. (5) For the cessation of enforcement of the law § § 769 and 770 of the Code of Civil Procedure are to be applied accordingly, and the cancellation of already established law of enforcement is to be applied accordingly. The cancellation of a rule of order is also permissible without security. Unofficial table of contents

Section 68 Repeal or amendment of foreign decisions, the recognition of which is established

If the decision in the State in which it has been issued is repealed or amended and the party benefiting from it is no longer able to invoke that fact in the proceedings on the application for recognition, Article 67 (1) shall be replaced by the following: up to 4.

Section 2
Compensation for unjustified enforcement

Unofficial table of contents

Section 69 Compensation for unjustified enforcement

(1) If the authorisation of enforcement is waiver or amended on the appeal (§ 43) or the legal complaint (§ 46), the creditor shall be obliged to compensate for the damage caused to the debtor by the execution of the title or (2) the same shall apply if:

1.: the enforcement of the enforcement of the law pursuant to section 67 shall be repealed or amended, provided that the decision to enforce the enforcement of the enforcement order is still in accordance with the law of the State in which it has been granted, at the time of the authorisation. the appeal could be challenged; or
2.: a title in the State of origin which is enforceable in accordance with Article 17 of Regulation (EC) No 4/2009, without exequatur procedure, and which, at the time of the enforcement measure, would still have been challenged with a proper appeal; can be.

(3) In order to assert the claim, the Court of First Instance shall have exclusive jurisdiction to decide, on the first appeal, on the application for the title to be provided with the enforcement clause. In the cases referred to in paragraph 2 (2), jurisdiction shall be governed by Article 35 (1) and (2).

Chapter 4
Decisions of German courts; payment procedure

Unofficial table of contents

Section 70 Request of the debtor pursuant to Article 19 of Regulation (EC) No 4/2009

(1) The debtor's application for review of the decision referred to in Article 19 of Regulation (EC) No 4/2009 shall be submitted to the court which has adopted the decision. § 719 (1) of the Code of Civil Procedure shall apply accordingly. (2) If the debtor has not submitted the application within the time limit laid down in Article 19 (2) of Regulation (EC) No 4/2009, or if the conditions laid down in Article 19 (1) of the Regulation (EC) No 4/2009, the Court of First Instance shall reject the application by decision. The decision may be taken without oral proceedings. (3) The procedure shall be continued. (3) The conditions laid down in Article 19 of Regulation (EC) No 4/2009 shall be fulfilled. It shall be returned to the situation in which it was before the failure to take place. § § 343 to 346 of the Code of Civil Procedure shall be applied accordingly. At the request of the debtor, the foreclosure is to be adjusted even without security. Unofficial table of contents

Section 71 Certificates on domestic titles

(1) The courts, authorities or notaries who are responsible for issuing a enforceable copy shall be responsible for the exhibition.

1.: the form referred to in Article 20 (1) (b), Article 28 (1) (b), Article 40 (2) and Article 48 (3) of Regulation (EC) No 4/2009,
2.: the certificates referred to in Articles 54, 57 and 58 of the Convention of 30 June 1990. October 2007 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

(2) Where, in accordance with paragraph 1, the courts have jurisdiction to issue the form or certificates, these documents shall be issued by the court of the first appeal or, if the proceedings are pending before a higher court, of this. The body responsible for the issue of an enforceable copy shall be the responsibility of the office. The validity of the decision on the issue of the form or the certificate shall be subject to the rules on the validity of the decision on the granting of the enforcement clause. (3) The exhibition of the The form referred to in Article 20 (1) (b) and Article 48 (3) of Regulation (EC) No 4/2009 does not preclude the right to issue a clause in accordance with Section 724 of the Code of Civil Procedure. Unofficial table of contents

Section 72 Regulation of the dynamic maintenance title for foreclosure in foreign countries

§ 245 of the Act on the Procedure in Family Matters and in the Matters of Family Matters is to be used to execute a maintenance title, which sets the subsists in accordance with § 1612a of the Civil Code as a percentage of the minimum maintenance. of the voluntary jurisdiction. Unofficial table of contents

Section 73 Completion of domestic decisions for use abroad

(1) If a party intends to take a decision of default or recognition which has been drawn up in a shortened form in accordance with Article 38 (4) of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction, in a other Contracting Parties or Member States shall be required to complete the decision at the request of that party. The application may be made in writing or declared to the office of the office of the office of the court in which the decision has been taken. The application shall be made without oral proceedings. (2) To complete the decision, the reasons are to be subsequently written, to be signed separately by the judges and to be handed over to the office; the reasons may also be given by (3) For the correction of the presentation of the facts in the following reasons, Section 113 (1), second sentence, of the Act on the Procedure in Family Matters and in Family Matters shall apply in the following cases: the matters of voluntary jurisdiction and § 320 of the Civil Procedure Code. However, in the case of a decision on a request for correction, such judges may also be involved who have not participated in the decision or subsequent drafting of the reasons. (4) The above paragraphs shall apply mutagenly to the Completion of arrest warrants and interim measures to be asserted in another Contracting State or Member State and not accompanied by an explanatory statement. Unofficial table of contents

Section 74 Enforcement Clause for use abroad

Enforcement orders, arrest warrants and interim measures, the enforcement of which shall be carried out in another Contracting State or Member State, shall also be provided with the enforcement clause if that is the case for a Compulsory enforcement in the country under § 796 (1), § 929 (1) of the Code of Civil Procedure and § 53 (1) and § 119 of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction are not required would be. Unofficial table of contents

§ 75 Mahnverfahren mit Approach im Ausland

(1) The payment procedure shall also take place if the notification of the letter of payment has to be carried out in another Contracting State or 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.

Chapter 5
Costs; Transitional provisions

Section 1
Cost

Unofficial table of contents

§ 76 Translations

The amount of the remuneration for the translations requested by the central authority is governed by the Justice and Compensation Act.

Section 2
Transitional provisions

Unofficial table of contents

Section 77 Transitional provisions

(1) The recognition and enforceability of a foreign maintenance title is governed by the procedures already initiated on 18 June 2011 in accordance with the Recognition and Enforcement Execution Act as amended on 3 December 2009 (BGBl. 3830) in the scope of application

1.: Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 1, 4.1.2001, p. OJ L 12, 16.1.2001, p. 1),
2.: of the Convention of 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ C 327, 18.12.2005, p. 1). OJ L 299, 16.11.2005, p.62),
3.: of the Convention of 30 October 2007 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ C 327, 18.12.2007, p. OJ L 339, 21.12.2007, p.3),
4.: of the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters of 16 September 1988 (BGBl. (1994 II p. 2658) and
5.: of the Hague Convention of 2 October 1973 on the Recognition and Enforcement of Maintenance Decisions (BGBl. 826).

(2) The recognition and declaration of enforceability of a foreign title is for proceedings with formal reciprocity (§ 1 paragraph 1 sentence 1 point 3), which are already initiated on 18 June 2011, according to the foreign maintenance law of 19. December 1986 (BGBl. 2563), as last amended by Article 4 (10) of the Law of 17 December 2006 (BGBl I). 3171). (3) The jurisdiction for maintenance and pending proceedings for the granting of procedural aid, which has not yet been completed on 18 June 2011, remains unaffected. (4) Sections 30 to 34 of the Rules of Procedure are only available on the title on the basis of the Hague Protocol of 23 November 2007 on the applicable law (OJ L 327, 22.12.2007, p. 19). (5) § § 16 to 19 are also to be applied to requests which are already pending at the central authority on 18 June 2011.