Law For The Recovery Of Maintenance Payments In Dealings With Foreign Countries

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

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Read the untranslated law here: http://www.gesetze-im-internet.de/aug_2011/BJNR089810011.html

Law for the recovery of maintenance payments in dealings with foreign countries (foreign Maintenance Act - AUG) AUG copy date: 23.05.2011 full quotation: "foreign Maintenance Act of May 23, 2011 (BGBl. I p. 898), most recently by article 10 of the law of 31 August 2013 (BGBl. I pp. 3533) is changed" stand: last amended by art. 10 G v. 31.8.2013 I 3533 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from) : 18.6.2011 +++) (+++ official note of the standard authority on EC law: implementation of treaty 4/2009 (CELEX Nr: 32009R0004) EGGerZustAnerkAbk DK (CELEX Nr: 22005A1116(01) VollstrZustÜbk 2007 (CELEX Nr: 22007A1221(03) cf. § 1 +++) the G article 1 G v. 23.5.2011 I 898 by the German Bundestag adopted.)) It comes under article 20 para 1 sentence 1 of this G at the 18.6.2011 in force.

Table of contents chapter 1 General section section 1 scope of application;
Definitions article 1 scope article 2 General judicial rules of procedure article 3 definitions section 2 central authority section 4 Central Authority article 5 tasks and powers of the central authority of § 6 support by the youth welfare office section 3 requests for assistance in matters relating to maintenance under section 1 outgoing request from § 7 preliminary examination by the Court. Concentration of competence article 8 content and form of the application of article 9 scope of preliminary examination article 10 translation of the application of article 11 forwarding of the application by the central authority of § 12 registering an existing title abroad under section 2 incoming requests for article 13 translation of the application of § 14 content and form of the application of section 15 treatment of a preliminary decision section 4 data collection through the central authority of § 16 right to information of the central authority to create or change a title of article 17 right of access for the purpose of recognition , Declaration of enforceability and enforcement of title 18 § notification via the data collection section 19 transmission and deletion of data section 5 legal aid article 20 conditions for the granting of legal aid § 21 jurisdiction for legal aid applications under Directive 2003/8/EC article 22 legal aid referred to in article 46 of Regulation (EC) No. 4/2009 section 23 legal aid for recognition, Declaration of enforceability and execution of maintenance rights titles section 24 legal aid for proceedings with formal reciprocity section 6 complementary jurisdiction regulations;
Concentration of jurisdiction article 25 international jurisdiction under article 3 c of Regulation (EC) No. 4/2009 section 26 territorial jurisdiction § 27 territorial jurisdiction for the harnesses and necessitatis § 28 jurisdiction concentration; Authority to issue regulations section 29 powers within the scope of Regulation (EC) No. 1896/2006 Chapter 2 recognition and enforcement of decisions section 1 procedure without exequatur under Regulation (EC) No. 4/2009 § 30 waiver of enforcement; Subject to § 31 applications for refusal, limitation or suspension of execution pursuant to article 21 of Regulation (EC) No. 4/2009 § 32 setting the enforcement of § 33 interim adjustment re-establishment, appeal and objection article 34 defining a foreign title section 2 enforcement enabled content jurisdiction for proceedings for the recognition and Vollstreckbar - Declaration of foreign judgments § 35 jurisdiction; Concentration of jurisdiction; Authority to issue regulations section 3 procedure with exequatur under Regulation (EC) No 4 / 2009 and the agreements of the European Union subsection 1 approval of the enforcement of foreign titles section 36 apply section 37 addressee § 38 procedure article 39 enforceability of foreign titles in special cases § 40 decision section 41 enforcement § 42 notification of the decision under section 2 complaint, section 43 appeal appellate court; Filing the appeal; Appeal period section 44 (dropped out) § 45 procedure and decision on complaint section 46 lawfulness and time limit of appeal section 47 filing and justification of the appeal section 48 procedure and decision on the appeal under section 3 restriction enforcement on security measures and unlimited continuation of enforcement of § 49 testing the limitations of § 50 safety performance by the debtor of § 51 auction goods § 52 unlimited continuation of enforcement; Special Court orders section 53 unlimited continuation of enforcement of § 54 allowed by the Court of first instance unlimited continuation of enforcement under section 4 approved by the Court of appeal statement of recognition of a foreign decision article 55 procedure § 56 costs decision section 4 recognition and enforcement of maintenance titles according to international treaties under section 1 General article 57 application of provisions of section 58 hearing section 59 appeal period § 59a objections against the claim to be enforced in the complaint procedure § 60 limitation of compulsory execution law subsection 2 recognition and enforcement of maintenance titles after The Hague Convention of 23 November 2007 on the international recovery of maintenance claims for children and other family members § 60a appeal proceedings relating to the Hague Convention, subsection 3 recognition and enforcement of maintenance titles according to the Hague Convention of 2 October 1973 on the recognition and enforcement of decisions article 61 constraint recognition and enforcement § 62 complaints procedure within the scope of the Hague Convention, subsection 4 Convention on jurisdiction and the enforcement of judgments in civil and commercial matters of 16 September 1988 § 63 special arrangements for the appeal proceedings section 5 procedure for formal reciprocity section 64 enforceability foreign title Chapter 3 enforcement, law enforcement defense request, special procedure; Damages section 1 enforcement, enforcement defense request, special procedures section 65 enforcement section 66 law enforcement defense request section 67 procedure to abolish or amend a foreign title declared to be enforceable in the State of origin article 68 suspension or change of foreign judgments, whose recognition determined section 2 is damages for wrongful enforcement chapter damages for wrongful enforcement § 69 4 decisions of German courts; Procedure § 70 application by the debtor pursuant to article 19 of Regulation (EC) No 4 / 2009 § 71 certificates to domestic titles § 72 figuring dynamisierter keep title to the enforcement abroad of § 73 complete domestic decisions for use abroad section 74 enforcement clause to use abroad section 75 procedure with delivery abroad Chapter 5 costs; Transitional provisions section 1 costs § 76 translations section 2 transitional provisions § 77 transitional provisions Chapter 1 General section section 1 scope of application; Definitions article 1 scope of application (1) this Act serves 1 perform the following regulation and the following agreements of the European Union: a) of 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 (OJ L 7 of the 10.1.2009, p. 1);
b) of the agreement of 19 October 2005 between the European Community and the Kingdom of Denmark concerning the jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 299 of the 16.11.2005, p. 62), as far as this agreement on matters relating to maintenance is to apply;
c) of the agreement of 30 October 2007 concerning the jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 339, 21.12.2007, p. 3), as far as this agreement on matters relating to maintenance is to apply;
2. the execution of the following international treaties: a) the Hague Convention of 23 November 2007 on the international recovery of maintenance claims for children and other family members (OJ L 192 of the 22.7.2011, p. 51) in accordance with the decision of the Council of the European Union by June 9, 2011 (OJ L 192 of the 22.7.2011, p. 39) on approval of the Convention;
b) the Hague Convention of 2 October 1973 on the recognition and enforcement of decisions (BGBl. 1986 II p. 826);
c) of the Convention of 16 September 1988 on jurisdiction and the enforcement of judgments in civil and commercial matters (BGBl. 1994 II p. 2658), unless this Convention matters to apply;
d) of New York UN Convention of 20 June 1956 on the recovery of maintenance claims abroad (BGBl. 1959 II p. 150);
3. the assertion of legal maintenance payments, if one of the parties in the area of application of this Act and the other party in another State, reciprocity is guaranteed with the, has their habitual residence.
Reciprocity is guaranteed, pursuant to sentence 1 No. 3 If the Federal Ministry of Justice has done established and known in the Federal Law Gazette (formal reciprocity). States within the meaning of sentence 1 number 3 are also States of part of and provinces to a federal State.
(2) provisions in international agreements, proceed, as far as they have become directly applicable national law, the provisions of this Act. The regulations of the in paragraph 1 sentence 1 number 1 of that regulation and agreement are as directly applicable European Union law through the implementation of provisions of this Act shall not affect.

Section 2 General judicial rules of procedure unless otherwise regulated in this law, the provisions of the law on the procedure in family matters and in matters of voluntary jurisdiction apply.

Article 3 definitions for the purposes of this Act 1 are Member States Treaties of multilateral and bilateral recognition and enforcement contracts are the Member States of the European Union, 2., 3. are authorized a) natural persons who are entitled to maintenance payments or to enforce, b) public service providers, that make maintenance claims from transferred rights as far as Regulation (EC) No 4 / 2009 or the execute international agreement on such claims is to apply , 4 are committed individuals who owe maintenance or where maintenance claims are asserted, compared with 5 titles are judgments, court settlements and authentic instruments on which carried out regulation or the execute each international agreement is to apply, 6 State of origin is the country where a title has been built, and 7 an exequatur procedure is the procedure with which a foreign title to enforcement in Germany is admitted.
Section 2 central authority section 4 Central Authority (1) central authority for the judicial and extrajudicial enforcement of claims in matters relating to maintenance pursuant to this Act is the Federal Office of Justice. The central authority directly runs with all competent authorities at home and abroad. She immediately forwards messages to the authorities.
(2) the procedure of the central authority is considered justice administrative procedures.
(3) the Federal Ministry of Justice shall be empowered to functions of the central authority referred to in article 51 (3) of Regulation (EC) No 4 / 2009 article 6 paragraph 3 of the Hague Convention of 23 November 2007 on the international recovery of maintenance claims for children and other family members to transfer to another public body or a legal entity of private law with the appropriate tasks to encumber. The Beliehene must have basic experience in the enforcement of maintenance claims abroad. The Federal Ministry of Justice sets out the scope of the assignment. The transmission is to announce by the Federal Ministry of Justice in the Federal Gazette. The Beliehene is subject to the supervision of the Federal Ministry of Justice. § 5 paragraph 6 and the paragraphs 7 and 9 are not applied to the activity of the Nr.1B,c.

§ 5 duties and functions of the Central Authority (1) the judicial and extrajudicial enforcement of maintenance claims under this Act is via the central authority as a receiving and transmitting Agency.
(2) the central authority shall take all appropriate steps to enforce the maintenance claim of the person entitled. She has to keep in mind the interests and the will of the person entitled.
(3) within the scope of Regulation (EC) 4/2009 are no. the functions of the central authority under articles 50, 51, 53 and 58 of this regulation.
(4) within the scope of the Hague Convention of 23 November 2007 on the international recovery of maintenance claims for children and other family members, the functions of the central authority are referred to in articles 5, 6, 7 and 12 of the Convention.
(5) the central authority applies to incoming request as authorized, on behalf of the applicant itself or in the way of the Sub-authorisation representatives out of court or court action. It is in particular authorized to regulate the maintenance claim by way of a comparison or an acknowledgement. If necessary, she may also apply for maintenance and operate the enforcement of a maintenance track.
(6) the Central Authority transmits the maintenance money confiscated by the debtor to the authorized person according to the rules applicable to the budget of the Federal Government. Sentence 1 shall apply for the returning of überzahlter amounts or for others in carrying out the functions of the central authority required expectant payments accordingly.

§ 6 support by the Youth Welfare Office is the central authority working, to maintenance claims of teenage and young adult, still not have reached age the 21st to assert and enforce, she may ask the Youth Welfare Office to support.
Section 3 requests for assistance in matters relating to maintenance under section 1 outgoing request from § 7 preliminary examination by the Court. District Court of competent jurisdiction concentration (1) which is carried out by the seat of the Oberlandesgericht, has his habitual residence reception and examination of an application for support in matters relating to maintenance in whose district of the applicant; Pankow-Weissensee court decides for the District of the kammergericht.
(2) the preliminary examination procedure is judicial administrative proceedings.
(3) no charges for the preliminary examination procedure.

§ 8 is content and form of the application (1) the content of an application addressed to another Member State with the exception of the Kingdom of Denmark pursuant to article 57 of Regulation (EC) No. 4/2009 (2) the contents of one to another Contracting State of the Hague Convention of 23 November 2007 on the international recovery of maintenance claims of children and other family-oriented application according to article 11 of the Convention.
(3) in the cases covered by paragraphs 1 and 2, the application should contain all the information that may be to the claim of importance, in particular 1 the family name and the given name of the owner; Furthermore, his address, the day of he was born, his nationality, his profession or his employment and, where appropriate, the name and the address of its legal representative, 2. the family name and the given name of the debtor; also his address, the day, the place and the country of his birth, his nationality, his profession or his employment, unless the owner knows this information, and 3 a for details) about the facts, the claim, having regard to the
(b) about the type and amount of required maintenance;
(c) of the financial and family circumstances of the person entitled, if these details for the decision could be significant
(d) about the financial and family circumstances of the debtor, insofar as these are known.
A request for a legitimate within the meaning of § 3 paragraph 3 letter b to in paragraphs 1 and 3 letter c contain listed the person, whose entitled gone over.
(4) pursuant to paragraph 3 the corresponding civil status documents and other relevant documents should be added an application. The Court named in article 7 can do by virtue all necessary investigations.
(5) in the cases of paragraph 3 is the application by the applicant, its legal representative or by an authorized officer accompanied by a power of attorney to sign. As far as this is required by the law of the requesting State, the accuracy of the information by the applicant or by his legal representative is oath to insure. Special requirements of the State for requesting form and content of the request is to satisfy, as far as there are no mandatory provisions of German law.
(6) in the cases of paragraph 3, the request to the receiving Agency of the State is to set up, in which the claim is to be made.

§ 9 amount of the preliminary examination (1) the Board of Directors of the District Court or the in the context of the distribution of judicial administrative transactions certain judge checks 1 in proceedings with formal reciprocity (article 1, paragraph 1, sentence 1 number 3), whether under German law the sufficient intent been success would have views, 2. in all other cases, whether the application is manifestly ill-founded or malicious.
He affirms the prospect of success in the cases of the sentence 1 number 1 he shall issue a certificate thereof, arranges their translation into the language of the requesting State and attach these documents to the request.
(2) has no reasonable prospect of success the intended legal prosecution (paragraph 1 sentence 1 number 1) or the application is manifestly ill-founded or malicious (paragraph 1 set 1 number 2), the judge rejects the forwarding of the application. The decision is to establish and provide to the applicant with an appeal. It is countervailable according to article 23 of the introductory act to the Judiciary Act.
(3) no reason exists, the Court shall send the application in addition to equipment and present translations with three certified true copies directly to the central authority.
(4) in the scope of application of the New York UN Convention of 20 June 1956 on the recovery of maintenance claims abroad (BGBl. 1959 II p. 150) of the judges in the cases of paragraph 2 sentence 1 presents the application of the central authority to decide on the forwarding of the application.

§ 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 plants by a sworn translator. Articles 20, 28, 40, 59 and 66 of the Regulation (EC) No. 4/2009 remain unaffected. A translation of documents into any language is required in the scope of each to perform international agreement that declared the State for requesting to be admissible, the translation of a person is so to create, which is empowered to make translations in one of the Contracting States.
(2) the applicant despite the request by the central authority not even procured the necessary translation causes the central authority the translation at his own expense.
(3) the District Court of competent pursuant to § 7 paragraph 1 free from the obligation to refund for the cost of translation by the central authority the applicant on application, if the applicant fulfils the personal and economic conditions of a rates-free legal aid according to article 113 of the law on the procedure in family matters and in matters of voluntary jurisdiction in connection with section 115 of the code of civil procedure.
(4) section 1077, paragraph 4, of the code of civil procedure shall remain unaffected.

§ 11 forwarding of the application by the Central Authority (1) the central authority checks whether the application complies with the formal requirements of foreign proceedings opening to. These are met, she will forward the application to the competent foreign authority. Where necessary, it adds the request for a translation of this law.
(2) the Central Authority monitors the correct execution of the request.
(3) the central authority rejects the forwarding of the application, is to apply according to article 9, paragraph 2, sentence 2 and 3.

§ 12 registration an existing title abroad is already a domestic court decision or an other title within the meaning of § 3 number 5 of the maintenance claim, so the owner can make also a request for registration the decision abroad, if where applicable law provides. The sections 7 to 11 shall apply accordingly; an examination of the legality of the proposed domestic title does not take place.
Subsection 2 incoming requests section 13 translation of the application (1) a translation of documents is required, this must be so in German language.
(2) the accuracy of the translation is to certify, that is authorised in the following States, by a person: 1 in one Member State or another Contracting State to the agreement on the European economic area;
2. in Contracting States of each to perform international agreement or 3rd in a State that has formally vouched for the reciprocity (article 1, paragraph 1, sentence 1 number 3).
(3) the central authority may refuse to act as long as worded messages or to be added to documents not in English or are translated into the German language. Within the scope of Regulation (EC) No. 4/2009 may it, but only if she is allowed to request a translation under this regulation.
(4) the central authority may, in proceeding with formal reciprocity (article 1, paragraph 1, sentence 1 number 3) in transactions with certain countries or in some cases the requirement of a translation refrain from and get the translation itself.

§ 14 content and form of the application (1) the content of a request from another Member State with the exception of the Kingdom of Denmark is referred to in article 57 of Regulation (EC) No. 4/2009 (2) the content of a request from another State party of the Hague Convention of 23 November 2007 on the international recovery of maintenance claims for children and other family members depends on article 11 of the Convention.
(3) in the cases covered by paragraphs 1 and 2 should the application all contain information, which can be for the assertion of the claim of importance, in particular 1 an a maintenance claim titled indexation the modalities for the calculation of this index, and 2. a commitment to the payment of statutory interest the legal interest rate as well as the beginning of the interest obligation.
In addition, section 8(3) shall apply mutatis mutandis.
(4) in the cases of paragraph 3, the application by the applicant, its legal representative or an authorized officer accompanied by a power of attorney should be signed and accompanied by a statement of the Foreign Office, which received the application and tested. This opinion should call also the amount of maintenance that is required at the place of residence of the person entitled. The application and the attachments to be transmitted twice. The corresponding civil status documents and other relevant documents are attached and referred to other evidence exactly be.

§ 15 treatment of a provisional decision in proceeding with formal reciprocity (article 1, paragraph 1, sentence 1 number 3) a decision, provisionally and subject to confirmation by the requested court is issued without the consultation of the debtor is considered inbound requests on obtaining a maintenance track. Article 8, paragraph 3, and article 14, paragraph 3, sentence 1 shall apply accordingly.
Section 4 data collection by the central authority of § 16 right to information of the central authority to create or change a title (1) the present whereabouts of the owner or of the debtor is not known, so the central authority may collect information to its addresses, as well as to whose major and Nebenwohnung to the tasks incumbent upon it pursuant to section 5 a competent registration authority.
(2) as far as the place to stay is not to determine pursuant to paragraph 1, the central authority may collect the following data: 1 by the makers of the statutory pension insurance the there known current address, current or future whereabouts of the person concerned;
2. from the Kraftfahrt-Bundesamt the holder data of the data subject according to article 33, paragraph 1, sentence 1 number 2 of the road traffic Act.
3. If the person concerned is part of foreign armed forces, Germany stationed are in, by the competent authority of the force the address for service of the person concerned.
(3) the central authority cannot determine the place of residence of the debtor pursuant to paragraphs 1 and 2, it may induce a search entry in the central register.

Article 17 right to information for the purpose of recognition, Declaration of enforceability and enforcement of title (1) is titled the maintenance claim and the debtor refuses to give information about his income and assets, at the request of the central authority or a full satisfaction of the creditor in an execution in the assets specified by the debtor is not expected to be the central authority for the purpose of recognition That Declaration of enforceability and enforcement of title the rights to information under section 16 to. The central authority may levy also name, first names, the company, and the addresses of the current employer of the insured employment relationships of the debtor 1 of the statutory pension insurance carriers after prior notice;
2. If the competent institution of the basic provision for jobseekers, query performance related to the second book of social law - basic security for jobseekers;
3. the federal Central tax office request the credit institutions designated in section 93 b of paragraph 1 of the tax code to retrieve data of the debtor (article 93 paragraph 8 of the tax code);
4. from the Kraftfahrt-Bundesamt to a vehicle, whose holder of the debtor is registered, as raise the vehicle and operator data according to article 33, paragraph 1 of the road traffic law.
(2) over the assets of the debtor, the central authority may levy only data if this is necessary for enforcement.

Article 18 notification of the data collection (1) the Central Authority notifies the applicant only about whether a request for information was successful after §§ 16 and 17.
(2) the central authority has stakeholders about the collection of data according to §§ 16 and 17 notify immediately, unless the enforcement of title would be thus or much more difficult. Notwithstanding the sentence 1 has the notification to be made no later than 90 days after receiving the information.

Personal data to other public and non-public bodies submit article 19 submission and deletion of data (1) which allowed central authority if this is necessary for carrying out the tasks incumbent upon it pursuant to section 5. The data may be used only for the purpose for which they have been submitted.
(2) the central authority has data, that the purpose of the recognition, Declaration of enforceability or execution are not or no longer required, to delete immediately. The cancellation shall be recorded. Article 35, paragraph 3, of the Federal Data Protection Act shall remain unaffected.
Section 5 legal aid article 20 conditions for the granting of legal aid is the granting of legal aid article 113, paragraph 1, of the law on the procedure in family matters and in matters of voluntary jurisdiction in connection with the apply paragraphs 114 to 127 of the code of civil procedure according to, as far as in this act otherwise is intended.

Article 21 jurisdiction for legal aid applications under Directive 2003/8/EC
(1) by way of derogation by section 1077 paragraph 1 sentence 1 of the code of civil procedure is the acceptance and submissions of individuals on cross-border legal aid according to section 1076 of the code of civil procedure by the seat of the higher regional court, in whose district the applicant is habitually resident, competent court in matters relating to maintenance. Pankow-Weissensee court decides for the District of the kammergericht.
(2) section 1078 paragraph 1 sentence 1 of the code of civil procedure applies for incoming requests.

Article 22 legal aid referred to in article 46 of Regulation (EC) No 4 / 2009 and person that age has not yet completed the 21, receives articles 14 to 17 of the Hague Convention of 23 November 2007 on the international recovery of maintenance claims for children and other family members (1) regardless of their economic circumstances legal aid for applications 1 pursuant to article 56 of Regulation (EC) No. 4 / 2009 in accordance with article 46 of this regulation and 2. in chapter III of the Hague Convention of 23. November 2007 on the international recovery of maintenance claims for children and other family members in accordance with article 15 of the Convention.
Through the granting of legal aid, she is finally free from the payment of the costs referred to in article 122, paragraph 1, of the code of civil procedure. Paragraph 3 shall remain unaffected.
(2) the granting of legal aid may be refused only if the application is manifestly ill-founded or malicious. In the cases of referred to in article 56 paragraph 1 letter a and b of Regulation (EC) No 4 / 2009 and of article 10 paragraph 1 letter a and b of the Hague Convention of 23 November 2007 on the international recovery of maintenance claims of children and other family members and in terms on which article 20 recorded cases the chances of success are paragraph 4 of this Convention are not checked.
(3) subject to the applicant in judicial proceedings, can the Court referred to in article 67 of Regulation (EC) No. 4/2009 and referred to in article 43 of the Hague Convention of 23 November 2007 on the international recovery of maintenance claims for children and other family members ask for a reimbursement of the costs incurred by way of legal aid, if this matches, taking into account the financial circumstances of the applicant's equity.

§ Has 23 legal aid for recognition, Declaration of enforceability and execution of maintenance rights titles the applicant in the State of origin for the proceedings entirely or partially receive legal aid, is it for the recognition procedure, to grant a declaration of enforceability and enforcement of the legal aid decision. By the grant of legal aid, the applicant is finally free from the payment of the costs referred to in article 122, paragraph 1, of the code of civil procedure. This does not apply if the grant number 1 of the code of civil procedure shall be repealed according to article 124, paragraph 1.

Article 24 legal aid for proceedings with formal reciprocity number 3 in proceedings in accordance with section 1, paragraph 1, sentence 1 the intended sufficient prosecution of incoming request views success and appears not malicious, is to grant the beneficiaries also without explicit request legal aid. In this case, he has to make monthly payments or amounts to be paid from the assets. By the grant of legal aid is the authorized final of the payment released costs mentioned in article 122, paragraph 1, of the code of civil procedure, unless the permit is repealed pursuant to section 124, paragraph 1 not number 1 of the code of civil procedure.
Section 6 additional jurisdiction regulations; Concentration of jurisdiction article 25 international jurisdiction under article 3 c of Regulation (EC) No. 4/2009 (1) that German courts are in matters relating to maintenance to article 3 c of Regulation (EC) is asserted No 4 / 2009 responsible if 1 maintenance in the divorce or annulment Federation and the German courts for marriage - or the life partnership thing are responsible according to the following provisions: a) within the scope of Regulation (EC) No 2201 / 2003 of 27 November 2003 concerning jurisdiction and the Recognition of judgments in matrimonial matters and in matters of parental responsibility, repealing Regulation (EC) No. 1347/2000 (OJ OJ L 338 of 23.12.2003, p. 1) according to article 3 paragraph 1 of this regulation, b) according to article 98, paragraph 1, of the law on the procedure in family matters and in matters of voluntary jurisdiction or c) according to article 103, paragraph 1, of the law on the procedure in family matters and in matters of voluntary jurisdiction;
2. maintenance in a proceeding to determine the paternity of a child's claim is made and the German courts for the procedure for declaration of paternity international are responsible for a) section 100 number 1 of the law on the procedure in family matters and in matters of voluntary jurisdiction and are both the beneficiary and the obligated party German, b) section 100 paragraph 2 of the law on the procedure in family matters and in matters of voluntary jurisdiction.
(2) paragraph 1 number 1 letters b and c is not applicable, if German courts on the basis of the German nationality of only one of the parties.

Article 26 territorial jurisdiction (1) fixed pursuant to article 3 c of Regulation (EC) No. 4/2009 is responsible court, 1 in which the spouses or life partnership thing is pending at first instance or was, as long as the marriage - or life partnership thing is pending;
2. where the procedure for declaration of paternity in the first instance is pending, if child support is asserted in parentage proceedings.
In the cases of the set 1 number 2 applies adopting an interim article 248 paragraph 2 of the law on the procedure in family matters and in matters of voluntary jurisdiction.
(2) § 233 of the law on the procedure in family matters and in matters of voluntary jurisdiction shall remain unaffected.

Article 27 territorial jurisdiction for the harnesses and emergency jurisdiction internationally responsible German courts referred to in articles 6 and 7 of Regulation (EC) No. 4/2009 are, only the District Court Pankow-Weissensee in Berlin is jurisdiction.

Article 28 jurisdiction concentration; District Court of competent authority to issue regulations (1) If a party has his habitual residence not in the domestic, decides letter requests in matters relating to maintenance in the cases of referred to in article 3 a and b of Regulation (EC) No. 4 / 2009 only the seat of the higher regional court in whose area of the defendant or the beneficial owner has his habitual residence; The District Court Pankow-Weissensee is responsible for the District of the kammergericht.
(2) the land Governments are authorized to this jurisdiction by Decree an other District Court of the District of the Court of appeal or, if in a country several courts of appeal are built, to assign a local court for the districts of all or several courts of appeal. The State Governments can confer Ordinance on the land justice administrative authorities this empowerment.

Section 29 powers within the scope of Regulation (EC) no 1896/2006 as regards the jurisdiction 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 OJ L 399 of 30.12.2006, p. 1) § 1087 of the civil procedure code shall remain unaffected.
Chapter 2 recognition and enforcement of decisions section 1 procedure without exequatur under Regulation (EC) No. 4/2009 § 30 waiver of enforcement; Documentation (1) are the requirements of article 17 or 48 of Regulation (EC) No. 4/2009, the enforcement of the foreign title takes place without the need for an enforcement clause.
(2) the form, the the enforcement organ referred to in article 20 paragraph is paragraph 3 of Regulation (EC) 4/2009 to present no. 1 point (b) or article 48, should to be enforced be inextricably linked with the title.
(3) the holder has pursuant to article 20 paragraph 1 letter d of Regulation (EC) 4/2009 a translation or a transcript to submit no., are these documents by a person who is authorized in one Member State for this purpose, to translate into German.

Article 31 applications for refusal, limitation or suspension of execution pursuant to article 21 of Regulation (EC) No. 4/2009 (1) for applications on refusal, limitation or suspension of execution pursuant to article 21 of Regulation (EC) No. 4/2009 is the District Court as the Court responsible. The Court named in section 764, paragraph 2, of the code of civil procedure's jurisdiction.
(2) the decision on the application for refusal of enforcement (article 21 (2) of Regulation (EC) No 4 / 2009) was made by decision. section 770 of the civil procedure code shall apply accordingly. The decision is subject to immediate appeal after section 793 of the code of civil procedure. Until the decision pursuant to sentence 1, the Court may make orders after 769, paragraph 1 and 3 of the code of civil procedure.
(3) on the application for suspension or limitation of enforcement (article 21 (3) of Regulation (EC) No 4 / 2009) the Court by injunction. The decision is final.
§ 32 according to § 775 number 1 and 2 and Article 776 of the civil procedure code also to adjust setting the enforcement of which is foreclosure or to limit, when the debtor shall submit a decision of a Court of the State of origin of the non-enforceability or the limitation of enforceability. There is a translation of the decision to submit upon request. In this case is the decision of a person who is authorised in a Member State, to translate into German.

§ 33 interim adjustment re-establishment, appeal and appeal (1) the debtor in the State of origin has applied for reinstatement or an appeal or an appeal filed against the decision to supersedes, apply the sections 707 719. paragraph 1 of the code of civil procedure, and article 120, paragraph 2, sentence 2 and 3 of the law on the procedure in family matters and in matters of voluntary jurisdiction.
(2) the Court specified in article 35, paragraph 1 and 2 is.

§ 34 defining enforcement enabled content of a foreign title (1) the enforcement organ of the enforcement of a foreign title, which no enforcement is required, due to lack of sufficient certainty refuses, the creditor can apply for the determination of enforcement-enabled content (specification) of the title. Is the Court specified in article 35, paragraph 1 and 2.
(2) the request may be made in writing to the Court or to the Court of Office. The Court may decide upon the request without oral proceedings. The debtor is consulted prior to the decision, which was made by decision. The decision is justified.
(3) the Court defined the foreign title, the enforcement of this decision will take place without the need for an enforcement clause. The decision is inseparable with the foreign title to connect and provide to the debtor.
(4) against the decision, the appeal is admissible according to the law on the procedure in family matters and in matters of voluntary jurisdiction. Article 61 of the law on the procedure in family matters and in matters of voluntary jurisdiction shall not apply.
Section 2 jurisdiction for proceedings for the recognition and Declaration of enforceability foreign judgments § 35 jurisdiction; Concentration of jurisdiction; Authority to issue regulations (1) an application for declaration of recognition or on an application for a declaration of enforceability of a foreign title decides only the District Court, which is responsible for the seat of the higher regional court in whose area of jurisdiction 1 usually is the person against whom the title is undertaken, or 2. the enforcement is to be carried according to the sections 3 to 5.
Pankow-Weissensee court decides for the District of the kammergericht.
(2) the land Governments are authorized to this jurisdiction by Decree an other District Court of the District of the Court of appeal or, if in a country several courts of appeal are built, to assign a local court for the districts of all or several courts of appeal. The State Governments can confer Ordinance on the land justice administrative authorities this empowerment.
(3) in a process that has the Declaration of enforceability a notarial deed to the subject, this document by a notary declared enforceable may be in the scope of application 1 of Regulation (EC) No. 4/2009 or 2 of the agreement of 30 October 2007 concerning the jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
The provisions apply mutatis mutandis to the procedure of Declaration of enforceability by a court.
Section 3 procedure with exequatur under Regulation (EC) No 4 / 2009 and the conventions of the European Union subsection 1 approval of the enforcement of foreign titles section 36 submission (1) which is enforceable in another State this on enforcement admitted that he provided on request with the enforcement.
(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 of the courts act not in German language is drafted, the Court by the applicant may request a translation, whose Richtigkeit was confirmed by a person who is authorized in one of the following States this: 1 in a Member State or another Contracting State to the agreement on the European economic area or 2nd in a Contracting State of each to perform international agreement.
(4) the copy of the title with the enforcement should be provided, and if such is presented his translation, should be added per two copies.

Section 37 (1) addressee has the applicant in the application named no authorised agent within the meaning of article 184 paragraph 1 sentence 1 of the code of civil procedure, so all deliveries to him by mission to the post (article 184, paragraph 1, sentence 2 and paragraph 2 of the code of civil procedure) may be effected up to the subsequent designation.
(2) paragraph 1 shall not apply if the applicant has appointed a procedural representative for the procedure to which can be placed in the domestic.
(3) paragraphs 1 and 2 apply to proceedings under Regulation (EC) 4/2009 not No..

Section 38 proceedings (1) the decision 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.

§ 39 enforceability of foreign titles in special cases (1) depends on the execution according to 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 the enforcement clause in favour of another as the creditor referred to in the title, or against any other than the debtor referred to therein is requested, the question is to what extent the approval of enforcement by the detection of special requirements or depending on whether the title for or against the other It is enforceable under the laws of the State to decide where the title is built. The proof is to lead by deeds, except that the facts before the Court are obvious.
(2) evidence can not be routed through documents, at the request of the applicant of the defendant to hear. In this case, all evidence are allowed. The Court may order oral proceedings also.

Section 40 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 the reference to Regulation (EC) No. 4/2009 is sufficient to the grounds of the decision or on the run each treaty, as well as on documents submitted 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 reasoned decision rejects him. The cost is to impose on the applicant.
(3) the decision shall be effective upon notice to the parties.

Section 41 enforcement clause (1) on the basis of the decision pursuant to section 40 paragraph 1 the clerk of the Court granted the enforcement clause, as follows: "enforcement pursuant to section 36 of the foreign Maintenance Act of May 23, 2011 (BGBl. I p. 898)." 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 of the obligation incumbent on the foreign titles in German; from the decision to to take article 40, 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). "(2) if enforcement only for one or more of the approved by the foreign judgment or laid down in another foreign title claims or only for a part of the object of the obligation is approved, the enforcement is so as" partial enforcement pursuant to section 36 of the foreign Maintenance Act of May 23, 2011 (BGBl. I p. 898) "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.
Section 42 which decision (1) can the Court are the enforcement (§ 40 paragraph 1), officio ensure a certified copy of the decision, a certified copy of the title bearing the enforcement and records taken, where appropriate, its translation, as well as in accordance with § 40 paragraph 1 sentence 3 in relation to the defendant. 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 the enforcement clause (article 40 paragraph 2), is the decision to place the applicant.
Subsection 2 complaint, section 43 appeal appellate court; Filing the appeal; Appeal period (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) paragraph 61 of the law on the procedure in family matters and in matters of voluntary jurisdiction shall not apply.
(4) the appeal of the defendant against the approval of the foreclosure is to insert 1 within the scope of Regulation (EC) No 4 / 2009 and the agreement of 19 October 2005 between the European Community and the Kingdom of Denmark concerning the jurisdiction and the recognition and enforcement of judgments in civil and commercial matters within the period of laid down in article 32 (5) of Regulation (EC) No 4 / 2009 , 2nd in the scope of application of the Convention by 30 October 2007 concerning the jurisdiction and the recognition and enforcement of judgments in civil and commercial matters a) within one month after delivery, when the defendant is domiciled in Germany, or b) within two months of notification, if the defendant is domiciled abroad.
The period begins with the day on which the Declaration of enforceability either personally or in his apartment has been situated to the defendant. An extension of this deadline because distance is excluded.
(5) the complaint shall be notified to the respondent by virtue.

section 44 (dropped out) - the appellate court decides § 45 procedure and decision on complaint (1) 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 enforcement from the title to admit for the first time is according to the decision of the Court of appeal, the clerk the clerk of the appeal court granted the enforcement clause. Article 40, paragraph 1, sentence 2 and 4, §§ 41 and 42 are paragraph 1 apply mutatis mutandis. An addition that enforcement may not go beyond about measures to secure, is to record only when the appeal court has issued an order pursuant to article 52, paragraph 2. The contents of the supplement is determined by the contents of the.

§ 46 takes place availability and time limit of appeal (1) against the decision of the Court of appeal the appeal.
(2) the appeal shall be within one month.
(3) the legal appeal period begins with the delivery of the decision (article 45 paragraph 3).
(4) § 75 of the law on the procedure in family matters and in matters of voluntary jurisdiction shall not apply.

§ 47 appeal 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. § 71 paragraph 1 sentence 1 of the law on the procedure in family matters and in matters of voluntary jurisdiction shall not apply. 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.

Section 48 procedure and decision on the appeal (1) who can Federal Court only check whether the decision is based on a breach of the rules of the European Union, a relevant international agreement, or any other federal law or any other provision whose scope extends over the District of Oberlandesgericht addition.
(2) the Federal Court may decide the appeal without oral proceedings. The sections 73 and 74 of the law on the procedure in family matters and in matters of voluntary jurisdiction shall apply accordingly the proceedings on the appeal.
(3) 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 clause. § 41 and 42 (1) apply article 40, paragraph 1, sentence 2 and 4, §. An additional restriction enforcement is eliminated.
Subsection 3 limitation of enforcement on security measures and unlimited continuation of enforcement of § 49 testing the restriction defences of the debtor, that at the foreclosure restricted security measures under Regulation (EC) No 4 / 2009 or the execute international treaty or based on this law on the basis of one order (§ 52 paragraph 2) failed to become, or objections of the creditor that a certain measure of enforcement with this restriction was 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).

§ 50 safety performance by the debtor (1) as long as the enforcement from a title that is power of money, should not go beyond measures of protection, is the debtor authorized by the lodging of a security equal to the amount to avert foreclosure, 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.

Section 51 is a movable gepfändet auction goods and may not go beyond enforcement measures to secure, so the Court on application 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.

§ 52 unlimited continuation of enforcement; Special Court orders (1) the appellate court rejects the appeal of the debtor against the approval of the foreclosure or permits the execution of the title on the complaint of the creditor, as the compulsory execution measures to secure, can be continued.
(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 this complaint 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.

Article 53 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, 1 if the debtor no appeal filed up to the expiry of the appeal period, 2 where the appellate court has rejected the appeal of the debtor according to § 52 paragraph 2 no arrangement, 3. the Federal Supreme Court has lifted the order of the Court of appeal (§ 52 paragraph 3 sentence 2) or 4 according to § 52 paragraph 2 when the Federal Supreme Court has approved the title to the foreclosure.
(3) from the title the enforcement may no longer take place, even if it is confined to measures of protection, as soon as a decision of the Court of appeal, that the title will not admitted to the foreclosure, announced or is set to.

§ 54 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 (article 45 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 (§ 46 paragraph 2), 2nd if the Federal Court has lifted the order of the Court of appeal pursuant to article 52, paragraph 2 (§ 52 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 decision article 55 procedures (1) on the process that has the statement about the subject, whether a decision from another State to recognize is that articles 36 and 38, 40 paragraph 2, sections 42 to 45 paragraph 1 to 3, the sections 46, 47 and 48 paragraph 1 and 2 according to apply 4.
(2) the application for assessment is justified, so the Court decides to accept the decision.

Article 56 the costs are costs decision in the cases of § 55 paragraph 2 to impose on the defendant. This may limit the appeal (§ 43) on the decision about 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.
Section 4 recognition and enforcement of maintenance titles according to international treaties under section application of rules on the recognition and Declaration of enforceability of foreign maintenance titles according to the § 1, paragraph 1, sentence 1 2 international treaties referred to are number according to the rules of articles 36 to 56 apply 1 General article 57, as far as nothing else is determined in this section.

Section 58 hearing the Court decides in proceedings under section 36 without hearing the defendant.

Section 59 to insert time limit for appeal (1) the appeal against the decision on the application for granting the enforcement clause is at first instance within one month after delivery.
(2) must be service upon the defendant abroad or by public notice and the Court considers that through it according to § 40 or later the appeal period pursuant to paragraph 1 for sufficient, as determined in the decision special decision, which was made without oral proceedings, a longer time limit for appeal. The deadline for filing the appeal set pursuant to sentence 1 is to be noted on the certificate of the value delivery (§ 42 paragraph 1 sentence 2). The provisions about the beginning of the time limit for appeal remain unaffected even in the case of subsequent fixing.

§ 59a can assert itself as far as objections to the claim to be enforced in the appeal proceedings (1) the debtor also objections against the claim with the complaint, which is directed against the approval of the enforcement of a decision, as the reasons on which they are based, are only emerged after the adoption of the decision.
(2) with the complaint, which is directed against the approval of the execution from a court settlement or an authentic instrument, the obligor may assert the objections against the claim itself regardless of the limitation contained in paragraph 1.

Article 60 limitation of compulsory execution law enforcement is limited to security measures as long as the time limit for the filing of the appeal is still running and as long as it is not yet decided on the appeal.
Subsection 2 recognition and enforcement of maintenance titles under the Hague Convention of 23 November 2007 on the international recovery of maintenance claims for children and other family members § 60a complaints procedures in the field of the Hague Convention by way of derogation from section 59 apply to appeal proceedings the deadlines laid down in article 23 paragraph 6 of the Hague Convention.
Subsection 3 recognition and enforcement of maintenance titles under the Hague Convention of 2 October 1973 on the recognition and enforcement of decisions article 61 restriction of recognition and enforcement (1) are public documents from another Contracting State only recognised and enforced, if that State has issued the declaration pursuant to article 25 of the Convention.
(2) the recognition and enforcement of judgments from another Contracting State of maintenance claims between relatives in the sidelines and between in-laws is to fail when 1. after the substantive provisions of the law of the State which belong to the debtor and the person entitled, a maintenance obligation does not exist, or 2. the debtor and the beneficiary have not the same nationality and no maintenance is obligatory according to the law of the habitual residence of the debtor at the request of the defendant.

§ Notwithstanding the period for the appeal of the debtor against the approval of the execution of two months, if delivery to the debtor in the foreign country must be 62 complaints procedure within the scope of the Hague Convention (1) of article 59, paragraph 2, sentence 1.
(2) the Court of appeal may suspend its decision on the complaint against the approval to enforcement at the request of the debtor if an ordinary appeal has been lodged against the decision in the State of origin or the deadline for this has not yet passed. In the latter case, the higher regional court to determine a period within which the appeal to insert is. The Court can make the enforcement of a guarantee.
(3) paragraph 2 is applicable in proceedings for determination of the recognition of a decision according to.
Subsection § is 4 Convention on jurisdiction and the enforcement of judgments in civil and commercial matters of 16 September 1988 63 special arrangements for the appeal proceedings (1) the time limit for the appeal of the defendant against the decision authorising enforcement two months and begins to run when the decision has been served the defendant either in person or in his apartment by the day , if the defendant has his domicile or his seat in another Contracting State to this Convention. An extension of this deadline because distance is excluded. Article 59, paragraph 2 shall not apply.
(2) § 62 is 2 and 3 apply mutatis mutandis.
Section 5 procedure for formal reciprocity section 64 foreign title (1) enforceability enforceability of foreign titles in proceeding with formal reciprocity according to section 1, paragraph 1, sentence 1 No. 3 according to article 110, paragraph 1 and 2 of the law on the procedure in family matters and in matters of voluntary jurisdiction. The legal force of the decision is not required for the Declaration of enforceability.
(2) is the foreign title for enforceable to explain, so the Court on application by a party in its enforcement decision can amend the maintenance amount with regard to height and duration of the payments stipulated in the foreign title. The foreign decision is final, an amendment is permissible only in accordance with of article 238 of the law on the procedure in family matters and in matters of voluntary jurisdiction.
Chapter 3 enforcement, law enforcement defense request, special procedure; Damages section 1 enforcement, law enforcement defense request, special procedures section 65 enforcement for enforcement of foreign maintenance titles is article 120, paragraph 1 of the law on the procedure in family matters and in matters of voluntary jurisdiction, unless in the Regulation (EC) No 4 / 2009 and in this law nothing is determined.

Section 66 law enforcement defense request (1) is a foreign title according to the Regulation (EC) No 4 / 2009 without exequatur proceedings enforceable or according to this regulation or one which 1 mentioned agreement for enforceable explains number in section 1, paragraph 1, sentence 1 so the debtor objections directed against the claim itself, in a proceeding pursuant to § 120 paragraph 1 of the law on the procedure in family matters and in matters of voluntary jurisdiction in connection with § 767 of the civil procedure code claimed do. 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 enforcement of a title by a is in section 1, paragraph 1, sentence 1 number 2 of the Convention referred to above left to, the debtor may only assert objections against the claim itself in a proceeding pursuant to § 120 paragraph 1 of the law on the procedure in family matters and in matters of voluntary jurisdiction in connection with § 767 of the civil procedure code, if the reasons , based on which its objections, only incurred: 1. after expiry of the period within which he could have appealed the, or 2. If the appeal is filed after this procedure.
(3) the application is according to § 120 paragraph 1 of the law on the procedure in family matters and in matters of voluntary jurisdiction in connection with § 767 of the civil procedure code the Court, has decided on the application for granting the enforcement clause. In the cases of paragraph 1, the jurisdiction is determined according to article 35, paragraph 1 and 2.

Article 67 procedure to abolish or amend one for enforceable declared foreign title in the State of origin (1) the title of in the 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 45, paragraph 2 and 3 shall apply mutatis mutandis.
(4) the decision is subject to appeal. The deadline for the filing of the appeal is one month. In addition, the articles 58 to 60 are to apply 62, 63 (3) and sections 65 to 74 of the law on the procedure in family matters and in matters of voluntary jurisdiction.
(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.

§ 68 suspension or change of foreign judgments, whose recognition established is the decision in the State in which she happened, set aside or amended and can the party of beneficiaries no longer assert this fact in the proceedings on the application for declaration of recognition, is to apply article 67 paragraph 1 to 4 according to.
Section 2 damages for wrongful enforcement section 69 is damages for wrongful enforcement (1) the approval of the levy of execution on the appeal (§ 43) or the appeal (§ 46) repealed or amended the creditors to the compensation for damage shall be obliged, caused the debtor through the enforcement of title or by a power to avert the enforcement.
(2) the same applies, if 1 is allowing the execution after section 67 is repealed or amended, unless the decision approved on enforcement at the time of the approval under the law of the State in which it was taken, could be challenged even with an ordinary appeal or 2. pursuant to article 17 Regulation (EC) no of 4/2009 without exequatur proceedings enforceable in the State of origin was repealed and that title at the time which would have attachment with an ordinary appeal can be contested.
(3) for the assertion of the claim, the Court has decided in the first instance on the application to provide the title, with the enforcement clause is exclusively responsible. In the cases of paragraph 2 number 2 is the jurisdiction pursuant to section 35, paragraph 1 and 2 Chapter 4 decisions of German courts; Procedure § 70 application by the debtor pursuant to article 19 of Regulation (EC) No. 4/2009 (1) the application of the debtor to review its decision pursuant to article 19 of Regulation (EC) No. 4/2009 is to ask, which adopted the decision at the Court. Article 719, paragraph 1, of the code of civil procedure is accordingly applicable.
(2) the debtor has the application not within the time limit of laid down in article 19 (2) of Regulation (EC) No. 4/2009 filed or the Court the conditions of article 19 are (1) of Regulation (EC) No. 4/2009 not, reject the request by decision. The decision can be made without oral proceedings.
(3) the requirements of article 19 of Regulation (EC) are no. 4/2009, the procedure will be continued. It is returned in the location where it was before the failure. The paragraphs 343 to 346 of the code of civil procedure will be applied appropriately. At the request of the debtor, also without safety enforcement is to set.

§ 71 certificates to domestic titles (1) the courts, authorities or notaries, which is issuing an enforceable copy, are responsible for the exhibition 1 of the form referred to in article 20 paragraph 1 letter b, article 28 paragraph 1 point (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 October 2007 concerning the jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
(2) where pursuant to paragraph 1, the courts for the exhibition of the form or of the certificates are responsible, these documents are 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 about the exhibition of the form or the certificate of the enforcement clause according to.
(3) the exhibition of the form referred to in article 20 paragraph 1 (b) and article 48 paragraph 3 No. 4/2009 including regulation (EC) the right to the grant of a clause to section 724 of the civil procedure code not from.

§ 72 figuring dynamized keep title to the enforcement abroad set a maintenance title, which constitutes the maintenance according to § 1612a of the civil code as a percentage of the minimum maintenance, be enforced abroad shall apply section 245 of the Act on the procedure in family matters and in matters of voluntary jurisdiction.

Article 73 complete domestic decisions for use in foreign countries (1) a party wants to assert in a Member State or other treaty a failure - or acceptance decision, which has been taken down, according to section 38, paragraph 4, of the law on the procedure in family matters and in matters of voluntary jurisdiction in shortened form, the decision at the request of this involved is to be complete. The request may be made in writing to the Court that issued the decision, or to the Court of Office. The application will be decided without oral proceedings.
(2) to the completion of the decision are to draft the reasons subsequently, be signed separately by the judges, and to pass the Office; the reasons can be signed also by judges, who have not participated in the decision.
(3) apply for the correction of the facts in the later written reasons § 113 paragraph 1 sentence 2 of the law on the procedure in family matters and in matters of voluntary jurisdiction and § 320 of the code of civil procedure. But also such judges to participate in the decision on the request for correction, which have not participated in the decision or the subsequent drafting of the reasons.
(4) the preceding paragraphs shall apply mutatis mutandis for the completion of arrest orders and interim measures, that should be asserted in a Member State or other treaty and do not have a rationale.

Enforcement clause to use overseas enforcement notices, arrest orders and temporary injunctions, which foreclosed is to be operated in a Member State or other treaty - are § 74 to provide, even with the enforcement if this for enforcement in Germany according to § 796 para 1, § 929, paragraph 1, of the code of civil procedure and would not necessary according to article 53, paragraph 1, and article 119 of the law on the procedure in family matters and in matters of voluntary jurisdiction.

§ 75 Dunning procedure with delivery in foreign countries (1) the Dunning procedure also takes place when the delivery of the payment order in a Member State or other treaty - must be carried out. 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.
Chapter 5 costs; Transitional provisions section 1 costs § 76 translations
The amount of the remuneration for the translations made by the central authority depends on the rates - and Compensation Act.
Section 2 transitional provisions § 77 transitional provisions (1) the recognition and Declaration of enforceability of a foreign maintenance title aimed for the proceedings initiated on 18 June 2011 already to the recognition and enforcement implementation Act amended on December 3, 2009 (Federal Law Gazette I p. 3830) in the scope of application 1 of Regulation (EC) No 44/2001 of 22 December 2000 on the jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 12 of the 16.1.2001, p. 1), 2 of the agreement 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 L 299 of the 16.11.2005, p. 62), 3 of the agreement of 30 October 2007 concerning the jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 339, 21.12.2007, p. 3), 4 of the Convention of 16 September 1988 on jurisdiction and the enforcement of judgments in civil and commercial matters (BGBl. 1994 II p. 2658) and 5 of the Hague Convention of 2 October 1973 on the recognition and enforcement of decisions (BGBl. 1986 II p. 826).
(2) the recognition and Declaration of enforceability of a foreign title is aimed for process with formal reciprocity (article 1, paragraph 1, sentence 1 number 3), who on June 18, 2011 are underway for the foreign Maintenance Act of 19 December 1986 (BGBl. I S. 2563), most recently by article 4 section 10 of the Act of December 17, 2006 (BGBl. I S. 3171) is changed.
(3) the jurisdiction of the courts for matters on 18 June 2011 still not completed and pending proceedings on the granting of legal aid is not affected.
(4) sections 30 to 34 are on the basis of the Hague Protocol of 23 November 2007 on the law applicable (OJ applicable only on title, L 331, December 16, 2009, p. 19) are given.
(5) sections 16 to 19 are to apply also to request that are already pending before the central authority on June 18, 2011.