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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

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

Non-official table of contents

AUG

Date of expend: 23.05.2011

Full quote:

" Foreign maintenance law of the 23. May 2011 (BGBl. 898), as last amended by Article 10 of the Law of 31 December 1998. August 2013 (BGBl. I p. 3533) "

:Last modified by Art. 10 G v. 31.8.2013 I 3533

For details, see Notes

Footnote

(+ + + Text evidence: 18.6.2011 + + +)
(+ + + Amcial). Notification of the norm provider to EC law:
Implementation of the
EGV 4/2009 (CELEX Nr: 32009R0004)
EGGerZustAnerkAbk DK (CELEX Nr: 22005A1116 (01)
Vollstrzustexercise 2007 (CELEX Nr: 22007A1221 (03) cf. § 1 + + +)

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

content overview

chapter 1General subsection 1Application Space;
Definitions
§ 1Scope
§ 2 General Judicial Rules
§ 3
2Central Authority
§ 4Central Authority
§ 5Tasks and powers of the central authority
§ 6Jugendamt
3Request for
support in Sub-section 1Outgoing
§ 7preliminary examination by the Local Court; Jurisdiction Concentration
§ 8Content and form of the application
§ 9 Scope of pre-examination
§ 10Application translation
§ 11 Forwarding the request by the central authority
§ 12Registration of an existing title in the Abroad
Subsection 2Incoming
§ 13Translations of the application
§ 14Content and form of the application
§ 15Treatment of a preliminary decision
4Data Collection
by the central authority
§ 16Right of information the central authority to obtain or amend a title
§ 17Right of information for the purpose of recognition, declaration of enforceability, and Enforcement of a title
§ 18Notification of data collection
§ 19 Transmission and Deletion of
5Process Cost
§ 20 Requirements for granting procedural aid
§ 21Responsibility for requests for procedural aid pursuant to the Directive 2003 /8/EC
§ 22Cost-aid in accordance with Article 46 of Regulation (EC) No 4/2009
23procedural aid for recognition, enforceable declaration and enforcement of maintenance titles
§ 24 procedural aid for formal reciprocity
6Supplementary
jurisdiction rules;
jurisdiction concentration
§ 25International jurisdiction in accordance with Article 3 (c) of Regulation (EC) No 4/2009
§ 26 Local jurisdiction
§ 27Local jurisdiction for capture and emergency jurisdiction
§ 28Responsibility concentration; Regulation empowerment
§ 29 Responsibility within the scope of Regulation (EC) No 1896/2006
2Recognition and
Enforcement of decision-making procedures without exequatur
pursuant to Regulation (EC) No 4/2009
§ 30waiver of the enforcement clause; documents
§ 31 Applications for denial, restriction or suspension of enforcement pursuant to Article 21 of Regulation (EC) No 4/2009
§ 32 Forced enforcement setting
§ 33Reestablishment, appeal and objection
§ 34Determination of the enforceable content of a foreign
2Court
Jurisdiction for procedures
to Recognition and enforceability-
Declaration of foreign decisions
§ 35Jurisdiction; Jurisdiction Concentration; Regulation empowerment
3 Procedure with Exequatur
pursuant to Regulation (EC) No 4/2009
and the agreements of European Union Subsection 1Admission of the
Enforcement of enforcement foreign
§ 36Application creation
§ 37 Delivery recipient
§ 38Procedure
§ 39 Enforceability of foreign titles in special cases
§ 40Decision
§ 41Enforcement Clause
§ 42Announcement of the Decision
Subsection 2complaint, legal
§ 43Appellate Court; filing of the Complaint; Appeal deadline
§ 44(omitted)
§ 45 Procedure and decision on the complaint
§ 46Statliability and time limit of the legal complaint
§ 47Application and justification of the legal complaint
§ 48Procedure and Decision on legal
Subsection 3Restriction of
Forced enforcement on backup measures
and unrestricted continuation of foreclosure
§ 49Restriction review
§ 50Security performance by the Debtors
§ 51Auctioning of movable property
§ 52 Unrestricted continuation of foreclosure; special court orders
§ 53Unrestricted Continuation of the Enforcement by the Court Compulsory enforcement of the first legal proceedings
§ 54Unrestricted continuation of the appeal court approved by the appeal court
Subsection 4Determination of the recognition
of a foreign decision
§ 55 Method
§ 56Cost decision
4Recognition and
Enforcement of maintenance titles
after international treaties subsection 1General
§ 57Application of regulations
§ 58hearing
§ 59Complaint Rist
§ 59aAppeal against the claim to be executed in appeal proceedings
§ 60 Restriction of Forced enforcement by
Subsection 2Recognition and
Enforcement of maintenance titles
in accordance with the Hague Convention of
23. November 2007 on the international
assertion of the maintenance claims
of children and other family
§ 60a complaint procedure in the Hague Convention
Subsection 3Recognition and
Enforcement of maintenance titles
under the Hague Convention of
2. October 1973 on Recognition and
Enforcement of Maintenance Decisions
§ 61Restriction of the Recognition and enforcement
§ 62Appeal procedure within the scope of the Hague Convention
Subsection 4Convention /> of the
and the enforcement of
judgments in civil and
commercial matters of 16. September 1988
§ 63Special arrangements for appeal
5-Procedures for formal proceedings Reciprocity
§ 64Enforceability Of Foreign Titles
3 Enforcement,
Enforcement order,
special procedure; section 1XX_ENCODE_CASE_One enforcement, enforcement order-
defenses request, special
§ 65 Enforcement
§ 66Enforcement Defense Request
§ 67Procedure after the cancellation or modification of a foreign title declared enforceable in the country of origin
§ 68 Repealing or modifying foreign decisions that have been
2Damage
for unjustified enforcement
§ 69Compensation for unjustified
4Decisions
German Courts; Mahnverfahren
§ 70debtor's application pursuant to Article 19 of Regulation (EC) No 4/2009
71Certificates on domestic titles
§ 72Dynamically dynamic maintenance title Forced enforcement abroad
§ 73Completion of domestic decisions to be used abroad
§ 74Enforcement Clause for use abroad
§ 75Mahnverfahren mit Approach im Foreign
5Cost; Transitional section 1Cost
§ 76 Translations
2Transitional rules
§ 77 Transitional rules

Chapter 1
General Part

Section 1
Scope; definitions

unofficial table of contents

§ 1 Scope of application

(1) This law 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 June 2009. The Court of Justice of the European Parliament, of the European Parliament and of the Council, of 13 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations ( 1);
b)
of the Convention of 19 May 2009, p. 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), to the extent that this Agreement is to be applied to maintenance matters;
c)
of the Convention of 30 November 2005. 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 February 2016. November 2007 on the international enforcement of the maintenance rights of children and other family members (OJ C 327, 18.12.2007, p. 51), in accordance with the Decision of the Council of the European Union of 9 June 2011 on the 13 June 2011 (OJ L 327, 39) on the approval of this Convention;
b)
the Hague Convention of 2 February 2011 on the Hague Convention of 2 July 2011 on the conclusion of the Convention on the Implementation of the Convention on the October 1973 on the recognition and enforcement of maintenance decisions (BGBl. 826);
c)
of the Convention of 16. September 1988 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (BGBl. 2658), to the extent that this Convention applies to maintenance matters;
d)
of the New York UN Convention of 20 June 1999. June 1956 on the assertion of maintenance claims abroad (BGBl. 1959 II p. 150)
3.
the assertion of legal maintenance claims, if one of the parties within the scope of this law and the other party in
the reciprocity referred to in the first sentence of sentence 1 is guaranteed if the Federal Ministry of Justice has established this and is aware of this in the Federal Law Gazans (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, insofar as they have become directly applicable national law, comply with the provisions of this Act. The provisions of the Regulation and of the agreements referred to in the first sentence of paragraph 1, first sentence, shall not be affected by the implementing provisions of this Act as the directly applicable law of the European Union. Non-official table of contents

§ 2 General court rules of procedure

Unless otherwise specified in this law, the Provisions of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction apply. Non-official table of contents

§ 3 Definitions

For the purposes of this law,
1.
member states are the member states of the European Union,
2.
are international treaties multilateral and bilateral recognition and enforcement contracts,
3.
are authorized
a)
Natural people who are entitled to or assert a claim to maintenance services
b)
public-legal service providers claiming maintenance claims from overdue right to the extent that Regulation (EC) No 4/2009 or the international law to be executed The contract is to be applied to such claims
4.
are pledged natural persons who owe a debt or claim to be dependent on the maintenance claims.
5.
are titles of court decisions, court settlements and public documents on which the regulation to be implemented or the respective ,
6.
is the State of origin of the State in which a title has been established, and
7.
is an exequatur procedure that allows a foreign title to be enforced domestily.

section 2
Central Authority

Non-official table of contents

§ 4 Central Authority

(1) Central Authority for the judicial and The Federal Office of Justice (Bundesamt für judiciary) is an out-of-court settlement of claims in maintenance matters under this law. The central authority operates directly with all the competent authorities in Germany and abroad. Notifications shall be sent immediately to the competent authorities.(2) The procedure of the central authority shall be considered as 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 May 2009. (c) to transfer to another public body, or to a legal person private law, with the relevant tasks, the international application of the maintenance rights of children and other family members to another public body, . 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. Non-official 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 the maintenance of the right of maintenance of the person entitled to the maintenance. In doing so, it must comply with the interests and the will of the person entitled to do so.(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) Within the scope of the Hague Convention of 23. The responsibilities of the central authority in accordance with Articles 5, 6, 7 and 12 of this Convention shall be addressed by the central authority in November 2007 on the international enforcement of the maintenance rights of children and other family members.(5) The central authority shall be deemed to be authorised, on a detailed request, to act on behalf of the applicant himself or by means of subauthority by means of a representative, either out of court or in court. 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 rules applicable to the federal budget. 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. Non-official table of contents

§ 6 Support of the Youth Welfare Office

If the central authority is active in order to support the maintenance of minors and young people, the Full year old, the 21. If they have not yet completed, assert and enforce them, they may request assistance from the Youth Welfare Office.

Section 3
Request for support in maintenance matters

Subsection 1
Outbound Request

Table of Contents unofficial

§ 7 Pre-examination by the

(1) The receipt and examination of an application for assistance in maintenance matters shall be carried out by the Office of the Higher Regional Court, in whose district the applicant is habituated. , the competent local court. The District Court of Pankow-Weißensee decides in favour of the district of the Chamber Court.(2) The preliminary examination procedure shall be a judicial administrative procedure.(3) No costs shall be charged for the preliminary examination procedure. Non-official table of contents

§ 8 Content and form of the application

(1) The content of one of the other Member States except the Kingdom of Denmark , Article 57 of Regulation (EC) No 4/2009 shall apply.(2) The contents of one of the other Contracting States of the Hague Convention of 23 May 2016. In accordance with Article 11 of this Convention, November 2007 on the international application of the maintenance rights of children and other members of the family shall be addressed.(3) In the cases not covered by paragraphs 1 and 2, the application shall contain all the information which may be relevant for the assertion of the claim, in particular
1.
the name of the family and the first names of the authorized person; and his address, the day of his birth, his Nationality, occupation or employment and, where appropriate, the name and address of its legal representative,
2.
the surname and the the first name of the pledge and his address, day, place and country of birth, nationality, profession or employment, to the extent that the person entitled is aware of this information, and
3.
more details
a)
about the facts, on which the claim is based;
b)
about the nature and amount of the required subcontent;
c)
about the financial and family circumstances of the person entitled, provided that this information can be significant for the decision;
d)
about the financial and family circumstances of the pledge, to the extent that they are known.
request from a beneficiary within the meaning of § 3 (3) (b) shall contain the particulars referred to in points 1 and 3 (c) of the person whose claim has been transferred.(4) An application in accordance with paragraph 3 shall be accompanied by the relevant civil status documents and other relevant documents. The court referred to in § 7 may, on its own account, make all necessary investigations.(5) 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 power of attorney. 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 on an oath. Special requirements of the requesting State in the form and content of the request shall be sufficient, provided that there are no compelling provisions of German law.(6) In the cases referred to in paragraph 3, the application shall be addressed to the receiving body of the State in which the claim is to be made. Non-official table of contents

§ 9 Scope of the preliminary examination

(1) The Board of Directors of the Local Court or the Board of Directors of the Judicial administration trades certain judges examine
1.
in proceedings with formal reciprocity (§ 1 (1) sentence 1 (3)), whether under German law the
2.
in the other cases, whether the application is willingly or manifestly unfounded. .
In the cases referred to in the first paragraph of sentence 1, he shall affirm the success of the success, shall issue a certificate thereon, shall arrange the translation thereof into the language of the State to be requested, and shall attach such documents to the request.(2) If the intended legal proceedings do not have a sufficient prospect of success (paragraph 1, first sentence, point 1), or if the application is willingly or manifestly unfounded (paragraph 1, first sentence, point 2), the judge shall reject the forwarding of the application. The Reasons for refusal shall be justified and shall be notified to the applicant with an instruction for the right to appeal. In accordance with § 23 of the Introductory Act, it is subject to appeal to the Law of the Court of Justice.(3) In the absence of grounds for refusal, the court shall send the application, together with annexes and available translations, to the central authority directly, each with three certified copies thereof.(4) Within the scope of the New York UN Convention of 20 June 2006, June 1956 on the assertion of maintenance claims abroad (BGBl. 150), the Judge shall, in the cases referred to in the first sentence of paragraph 2, submit the request of the central authority for a decision on the forwarding of the application. Non-official table of contents

§ 10 Translation of the application

(1) The applicant has the application, in addition to annexes, from a sworn translator shall be accompanied by certified translations in the language of the State to be requested. 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 authorized to produce translations in one of the States Parties.(2) In spite of the request made by the central authority, the applicant does not procure the necessary translation himself, the central authority shall arrange for the translation to be carried out at its cost.(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 is responsible for the personal and economic Conditions for a non-rattled legal aid according to § 113 of the Act 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 shall remain unaffected. Non-official table of contents

§ 11 Forwarding of the application by the central authority

(1) The central authority shall examine whether the application is formally submitted by the central authority. The requirements of the foreign procedure to be introduced are sufficient. If these are fulfilled, it shall forward the application to the body responsible abroad. Where necessary, it shall attach to the request a translation of that law.(2) The central authority shall monitor the orderly execution of the request.(3) If the central authority departs from the forwarding of the application, the second sentence of Article 9 (2) and (3) shall be applied accordingly. Non-official table of contents

§ 12 Registration of an existing title abroad

is already a domestic one In the case of a court decision or any other title within the meaning of Section 3 (5), the beneficiary may also make a request for the registration of the decision abroad, provided that the law in force in that country provides for this. § § 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

Non-official Table of Contents

§ 13 Translation of the application

(1) If a translation of documents is required, it is in German to be drawn up.(2) The accuracy of the translation shall be certified by a person empowered to do so in the following States:
1.
in one of the Member States or in the another State Party to 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 (Section 1 (1), first sentence, point 3).
(3) The central authority may refuse to act on as long as notifications 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 shall be entitled to do so only if it is entitled to require translation under this Regulation.(4) The central authority may, in proceedings with a formal reciprocity (Article 1 (1), first sentence, point 3), depart from the traffic with certain States or, in individual cases, from the requirement of a translation, and obtain the translation itself. Non-official 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 contents of an application from another Contracting State of the Hague Convention of 23 June 2000. 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 contain all the information which may be relevant for the assertion of the claim, in particular
1.
when indexing a tituated maintenance request, the modalities for the calculation of this maintenance request Indexation and
2.
in case of an obligation to pay statutory interest, the statutory interest rate as well as the beginning of the interest rate obligation.
(3).(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, accompanied by a power of attorney, and shall be accompanied by an opinion from the foreign body. , which has received the request and has considered it. 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. Non-official table of contents

§ 15 Treatment of a provisional decision

In cases of formal reciprocity (§ 1, paragraph 1, sentence 1, point 3) if a foreign decision has been taken, provisionally and without the consultation of the pledge, and subject to confirmation by the requested court, the decision shall be deemed to have been received as an incoming request for the effect of a maintenance title. § 8 (3) and 14 (3) sentence 1 shall apply accordingly.

Section 4
Data Collection by the Central Authority

A non-official table of contents

§ 16 Right of the central authority to obtain or change a title

(1) If a person is not aware of the obligation, the central authority may, in order to fulfil the tasks assigned to it in accordance with § 5, collect information on the addresses of the central authority and his/her main and secondary apartment with 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.
from the institutions of the statutory pension insurance scheme the current address known there, the current or future location of the person concerned;
2.
from the Federal Motor Office, the data subject to the holding of the person concerned in accordance with § § § § 2. 33 (1), first sentence, point 2 of the Road Traffic Act;
3.
if the person concerned is a member of the foreign armed forces stationed in Germany, from the
() If the central authority is unable to determine the place of residence of the food concerned in accordance with paragraphs 1 and 2, it may arrange for a search to be made in the central register. Non-official table of contents

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

(1) The debtor is subject to maintenance requirements and refuses to provide information on his income and assets at the request of the central authority or, in the case of an execution in the assets specified by the debtor, shall be subject to an obligation to pay the Full satisfaction of the creditor is not to be expected, 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 execution of a title. The central authority may, after prior threat, also
1.
from the institutions of the statutory pension insurance the name, the first name, the company as well as the addresses of the current employer of the debtor's employment obligations;
2.
with the competent institution of the basic security for Jobseekers ask for a performance reference in accordance with the Second Book of the Social Code-Basic Safety for jobseekers-queries;
3.
Ask the Federal Central Office for Taxation, in the case of credit institutions, to obtain the debtor's data referred to in Article 93b (1) of the Tax Code (Section 93 (8) of the Tax Code);
4.
from the The Federal Office of the Federal Republic of Germany (Bundesamt) shall collect the vehicle and holder 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 be used by the central authority only if this is necessary for the purposes of enforcement. Non-official table of contents

§ 18 Notification of data collection

(1) The central authority basically only notifies the applicant on whether a request for information was successful in accordance with § § 16 and 17.(2) The central authority shall notify the person concerned without delay of the collection of data in accordance with § § 16 and 17, unless the execution of the title would be foiled or made considerably more difficult. Notwithstanding the first sentence, the notification shall be notified not later than 90 days after receipt of the information. Non-official table of contents

§ 19 Transfer and deletion of data

(1) The central authority may provide personal data to other public and non-public bodies, if this is necessary to fulfil 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 that are not or no longer required for the purpose of recognition, enforceable declaration or enforcement shall be deleted by the central authority without delay. The deletion is to be logged. § 35 Paragraph 3 of the Federal Data Protection Act remains unaffected.

Section 5
procedural cost assistance

unofficial table of contents

§ 20 prerequisites for granting procedural aid

The approval of procedural grants is § 113, paragraph 1, of the law 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, to the extent that nothing else is determined in this law. Non-official table of contents

§ 21 Responsibility for requests for procedural aid pursuant to Directive 2003 /8/EC

(1) By way of derogation from § 1077, paragraph 1 Sentence 1 of the Code of Civil Procedure shall be carried out in matters relating to maintenance and transmission of applications by natural persons to cross-border procedural aid in accordance with § 1076 of the Code of Civil Procedure by the Office of the Office of the Upper county court in whose district the applicant has his habitual residence, competent local court. The District Court of Pankow-Weißensee decides in favour of the district of the Chamber Court.(2) In the case of incoming requests, § 1078 (1) sentence 1 of the Code of Civil Procedure shall apply. Non-official table of contents

§ 22 procedural aid provided for in Article 46 of Regulation (EC) No 4/2009, and Articles 14 to 17 of the Hague Convention of the 23. November 2007 on the international assertion of the maintenance rights of children and other family members

(1) A person who is the 21. Year of age has not yet been completed, regardless of their economic circumstances, receive procedural aid for applications
1.
pursuant to Article 56 of Regulation (EC) No 4/2009, in accordance with Article 46 of this Regulation, and
2.
by chapter III of the Hague Convention of 23 June 1990. November 2007 on the international assertion of the maintenance rights of children and other family members in accordance with Article 15 of this Convention.
By granting procedural aid, it shall be definitively paid by the payment of the payment of the payment of the payment of the child's maintenance rights. shall be exempt from the costs referred to in Article 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 wilful or manifestly unfounded. In the cases referred to in Article 56 (1) (a) and (b) of Regulation (EC) No 4/2009 and of Article 10 (1) (a) and (b) of the Hague Convention of 23 June 2009, November 2007 on the international assertion of the maintenance rights of children and other family members, and in relation to the cases covered by Article 20 (4) of this Convention, the prospects for success are not examined.(3) In accordance with Article 67 of Regulation (EC) No 4/2009, and in accordance with Article 43 of the Hague Convention, the Court of First Instance may, in accordance with Article 67 of Regulation (EC) No 4/2009, be subject to a judicial procedure. On 19 November 2007 on the international application of the maintenance rights of children and other family members, a reimbursement of costs incurred by means of legal aid shall be required if this is done in the light of the financial implications of the financial assistance provided for in the The conditions of the applicant correspond to the fairness of the case. Non-official table of contents

§ 23 Cost-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 will 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. Non-official table of contents

§ 24 procedural aid for procedures with formal reciprocity

Provides in the procedure referred to in the first sentence of § 1 (1) Point 3, the intended legal prosecution of incoming requests is sufficient for success and does not appear to be reasonable, so the beneficiary shall also be willing to grant legal aid without the express request. In this case, it shall not have to pay monthly instalments or amounts to be paid. 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

Section 6
Supplemental jurisdiction rules; Responsibility concentration

unofficial table of contents

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

(1) The German courts are subject to maintenance obligations under Article 3 Point (c) of Regulation (EC) No 4/2009, where
1.
A maintenance is made in the divorce or uplift association and the German courts for the marriage are or the life partnership matter in accordance with the following provisions:
a)
within the scope of Council Regulation (EC) No 2201/2003 of 27 June 2003. The Court of Justice of the European Communities, on the competence and recognition of judgments in matrimonial matters and in matters of parental responsibility, and repealing Regulation (EC) No 1347/2000 (OJ 2003 L 327, p. 1) in accordance with Article 3 (1) of this Regulation,
(b)
pursuant to Section 98 (1) of the Act on the Procedure in Family Matters and in matters relating to matters relating to family matters, voluntary jurisdiction or
c)
pursuant to § 103 (1) of the Law on the Procedure in Family Matters and in the Matters of Voluntary Work Jurisdiction;
2.
Subsistence in a procedure for the determination of a paternity of a child is asserted and the German courts for the procedure (a) on the determination of the paternity of the fatherhood, according to
a)
§ 100 (1) of the Act on the Procedure in Family Matters and in the Affairs of the (b)
§ 100 (2) of the Act on the Procedure in Family Matters
and (b)
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 on the basis of German nationality. Non-official table of contents

§ 26 Local jurisdiction

(1) Local authority in accordance with Article 3 (c) of Regulation (EC) No 4/2009 is the District Court,
1.
where the case of marriage or civil partnership is or has been pending in the first legal suit, as long as the marriage or life partnership thing is pending is;
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 paragraph 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 apply to the adoption of a convolutional order.(2) § 233 of the Act on the Procedure in Family Matters and in the matters of Voluntary Jurisdiction remains unaffected. Unofficial Table Of Contents

§ 27 Local Jurisdiction for Entrance And Emergency Jurisdiction

If the German courts are in accordance with Articles 6 or 7, Regulation (EC) No 4/2009 internationally is the exclusive jurisdiction of the district court of Pankow-Weißensee in Berlin. unofficial table of contents

§ 28 jurisdiction concentration; regulation empowerment

(1) If a participant does not have his or her habitual residence in the In the cases referred to in Article 3 (a) and (b) of Regulation (EC) No 4/2009, it shall be the sole purpose of the seat of the Oberlandesgericht, in the district of which the defendant or the beneficiary is entitled, to decide on applications in maintenance matters in the cases referred to in Article 3 (a) and (b) of Regulation ( habitual residence, competent local court. The district court of the district court is responsible for the district court of Pankow-Weißensee.(2) The State Governments are authorized to exercise this jurisdiction by means of a legal regulation to another district court of the Oberlandesgericht district or, if several Oberlandesgericht (Oberlandesgericht) are established in one country, to a district court for the districts of all or of several Oberlandesgericht. The state governments can transfer this authorisation to the Land Justice Administrations by means of a legal regulation. Non-official table of contents

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

Scope of Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 June 2006 1 December 2006 on the introduction of a European order for payment procedure (OJ L 327, 1) is not affected by § 1087 of the Code of Civil Procedure.

Chapter 2
Recognition and Enforcement of Decisions

Section 1
Non-exequatur procedure under Regulation (EC) No 4/2009

unofficial table of contents

§ 30 waiver Enforcement clause; documents

(1) The conditions laid down in Articles 17 or 48 of Regulation (EC) No 4/2009, shall be enforced from the foreign title, without the need for an enforcement clause.(2) The form to be submitted to the executing institution in accordance with Article 20 (1) (b) or Article 48 (3) of Regulation (EC) No 4/2009 shall be inextricably linked to the title to be executed.(3) Where the creditor has to submit a translation or a transcript in accordance with Article 20 (1) (d) of Regulation (EC) No 4/2009, such documents shall be submitted by a person empowered to do so in one of the Member States to the German Language to translate. Non-official table of contents

§ 31 Applications for refusal, restriction or suspension of enforcement pursuant to Article 21 of Regulation (EC) No. 4/2009

(1) For requests for refusal, restriction or suspension of enforcement pursuant to Article 21 of Regulation (EC) No 4/2009, the District Court shall be the jurisdiction of the executing court. The court appointed in accordance with Section 764 (2) of the Code of Civil Procedure is the local authority.(2) The decision on the application for a refusal of enforcement (Article 21 (2) of Regulation (EC) No 4/2009) shall be 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 of the first sentence is reached, the court may take orders pursuant to Section 769 (1) and (3) of the Code of Civil Procedure.(3) The application for suspension or limitation of enforcement of enforcement (Article 21 (3) of Regulation (EC) No 4/2009) shall be decided by the Court of First Instance by an injunction. The decision shall be indisputable. Non-official table of contents

§ 32 Enforcement of enforcement

Enforcement is required in accordance with § 775 (1) and (2) and § 776 of the German Enforcement Order The Code of Civil Procedure shall be adjusted or restricted even if the debtor presents a decision of a court of the State of origin on the non-enforceability or on 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. Non-official table of contents

§ 33 Temporary cessation of reinstatation, appeal and objection

(1) If the debtor in the country of origin has Reinstatation, or an appeal or appeal against the decision to be executed, § § 707, 719 (1) of the Code of Civil Procedure and § 120 (2) sentence 2 and 3 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. Non-official table of contents

§ 34 Determination of the enforceable content of a foreign title

(1) Laning the executing institution Enforcement from a foreign title, which does not require a enforcement clause, due to lack of sufficient certainty, the creditor may request the determination of the enforceable content (concretization) of the title. The court is responsible for the court in Section 35 (1) and (2).(2) The application may be made to the court 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 consulted prior to the decision taken by decision. The decision shall be justified.(3) The court concretes 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 sent to the debtor.(4) The decision shall be subject to the appeal under the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction. § 61 of the Law on the Procedure in Family Matters and in the matters of Voluntary Jurisdiction is not applicable.

Section 2
Jurisdiction for procedures for recognition and Enforceable declaration of foreign decisions

Non-official table of contents

§ 35 Jurisdiction; Concentration of jurisdiction; Regulation empowerment

(1) A request for the recognition or application of a declaration of enforceability of a foreign title referred to in Sections 3 to 5 shall be decided exclusively by the District court, which is responsible for the seat of the Higher Regional Court, in the jurisdiction of the District Court
1.
The person against whom the title is directed usually stays up or
2.
the enforcement
For the district of the Chamber Court, the district court of Pankow-Weißensee decides.(2) The State Governments are authorized to exercise this jurisdiction by means of a legal regulation to another district court of the Oberlandesgericht district or, if several Oberlandesgericht (Oberlandesgericht) are established in one country, to a district court for the districts of all or of several Oberlandesgericht. The state governments can 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 declared enforceable by a notary in the scope of application
1.
of Regulation (EC) No 4/2009 or
2.
of the convention of 30.
the rules on the procedure for the declaration of enforceable proceedings by a court of law shall apply mutatily to the Court of Justice of the European Union. name="BJNR089810011BJNG001300000 " />

Section 3
Exequatur procedure pursuant to Regulation (EC) No 4/2009 and the European Union Agreements

Subsection 1
Approval of the Forced enforcement from foreign titles

Non-official table of contents

§ 36 Application

(1) The one in another state The enforceable title shall be allowed to enforce the enforceable title and shall be accompanied by the enforcement clause upon request.(2) The application for the grant of the enforcement clause may be submitted to the competent court in writing or declared orally to the minutes of the office of the office.(3) If the application is not in German language, contrary to § 184 of the Law of the Court of Justice, the court may require the applicant for a translation, the correctness of which has been confirmed by a person who is in one of the the following States shall have the power to do so:
1.
in a Member State or in another Contracting State of the Agreement on the European Economic Area or
2.
in a Contracting State of the international contract to be executed in each case.
(4) The copy of the title provided with the Enforcement Clause , and its translation, to the extent that such a translation is submitted, shall be accompanied by two copies each. Non-official table of contents

§ 37 deliverer

(1) In the application, the applicant does not have an agent for delivery within the meaning of § 184 The first sentence of paragraph 1 of the Code of Civil Procedure may be effected until such time as all deliveries to him by post (Section 184 (1), second sentence, and paragraph 2 of the Code of Civil Procedure) may be brought to the effect of 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 not apply to proceedings under Regulation (EC) No 4/2009. Non-official table of contents

§ 38 Procedure

(1) The decision is taken without oral proceedings. However, an oral discussion may take place with the applicant or his authorised representative if the applicant or the Plenipotentiary herewith agrees and serves the purpose of discussing the acceleration.(2) In the first legal proceedings the representation by an attorney is not required. Non-official table of contents

§ 39 Enforceability of foreign titles in special cases

(1) Enforcement of the title shall be based on the contents of the title from a security provided to the creditor, the expiry of a period or the occurrence of any other fact, or the order for enforcement shall be made in favour of a creditor other than the creditor referred to in the title, or against another in the case of the debtor referred to therein, the extent to which the authorisation of enforcement is subject to proof of special conditions or whether the title is enforceable in respect of or against the other, shall be considered in accordance with the law of the To decide the state in which the title is established. 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 shall 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. Non-official table of contents

§ 40 Decision

(1) If enforcement is to be permitted from the title, the court shall decide that the title shall be: the enforcement clause is to be provided. 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 shall be applied accordingly to the costs of the procedure.(2) If the application is not admissible or is not justified, the Court of First Instance shall reject the request by reasoned decision. The costs shall be borne by the applicant.(3) The decision shall take effect with notification to the parties concerned. Non-official table of contents

§ 41 Enforcement clause

(1) On the basis of the decision in accordance with § 40, paragraph 1, the official of the office shall be granted the following information: the enforcement clause in the following form:
" Enforcement clause in accordance with § 36 of the International 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 of ... (name of the creditor) against ... (name of the debtor) is admissible.
The obligation is:
... (to indicate the obligation on the debtor from the foreign title in German; to take over from the decision in accordance with § 40, paragraph 1).
Enforcement shall not be allowed to apply by means of measures to ensure security until the creditor submits a court order or a certificate that the enforcement may take place unrestricted. "
If the title is based on the performance of money, the enforcement clause shall be added to the following addition:
" As long as the foreclosure is not allowed to go beyond the enforcement measures, the debtor shall be entitled to enforce the enforcement of the enforcement order by means of 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 International Maintenance Law of 23. May 2011 (BGBl. I p. 898).(3) The order for enforcement shall be signed by the official of the office of the office and shall be provided with the court seal. It must be placed either on the copy of the title or on a sheet to be attached to it. If there is a translation of the title, it must be combined with the copy. Non-official table of contents

§ 42 Announcement of the decision

(1) The court disclaims the enforcement of the enforcement order (§ 40 (1)), the defendant a certified copy of the decision to deliver a certified copy of the title bearing the Enforcement Clause and, where appropriate, its translation, and the documents referred to in Article 40 (1), third sentence, ex office; The applicant shall be accompanied by a certified copy of the decision, the copy of the title provided for by the Enforcement Clause and a certificate on the delivery effected.(2) If the Court of First Instance departs from the application for the enforcement clause (Section 40 (2)), the decision shall be notified to the applicant.

Subsection 2
Complaint, Legal complaint

Non-official table of contents

§ 43 Appeal court; filing of the appeal; appeal court

(1) Appeal court is the Oberlandesgericht.(2) The appeal against the decision on the application for the enforcement clause in the first appeal shall be lodged with the court whose decision is subject to appeal, by filing a notice of appeal or by declaration Minutes of the office. The notice of appeal shall be accompanied by the number of copies required for their delivery.(3) § 61 of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction is not applicable.(4) The respondent's appeal against the authorisation of the enforcement of enforcement shall be submitted
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 June 2009. October 2007 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
a)
within one month of Delivery if the defendant is domicated, or
b)
within two months of service, if the defendant is domicated abroad
Thelimit shall begin on the day on which the declaration of enforceable order 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 shall be notified to the respondent of its own motion. unofficial table of contents

§ 44 (omitted)

- unofficial Table of contents

§ 45 Procedure and decision on the appeal

(1) The appeal court decides by decision, which is to be provided with reasons and can be issued without oral proceedings. The respondent is to be heard before the decision.(2) As long as an oral hearing is not arranged, applications and declarations may be made to the minutes of the office. If the oral proceedings are ordered, the provisions of Section 215 of the Code of Civil Procedure shall apply.(3) A complete copy of the decision shall be notified to the applicant and the defendant, even if the decision has been promulgated.(4) Where, in accordance with the decision of the Board of Appeal, the enforcement of the title is to be admitted for the first time, the official of the Office of Appeal of the Appeal Court shall issue the enforcement clause. § 40 (1) sentences 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 only be recorded if the appeal court has issued an order pursuant to Article 52 (2). The contents of the additive are determined according to the content of the arrangement. Non-official table of contents

§ 46 Statliability and time limit for appeal

(1) The appeal court's decision is to be taken against the decision of the Board of Appeal. Legal complaint instead.(2) The legal complaint shall be entered within one month.(3) The period of appeal proceedings shall begin with the notification of the decision (Section 45 (3)). (4) § 75 of the Act on the Procedure in Family Matters and in the matters of voluntary jurisdiction shall not apply. Non-official table of contents

§ 47 Filing and justification of the legal complaint

(1) The appeal is due to the filing of the notice of appeal in the case of the Federal Court of Justice.(2) The legal complaint 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. Non-official table of contents

§ 48 Procedure and decision on the legal complaint

(1) The Federal Court of Justice can only verify that the decision is based on a violation of the law of the European Union, a relevant international law or other federal law, or any other rule, the scope of which is beyond the district of a Higher Regional Court .(2) The Federal Court of Justice may decide on the appeal 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 in accordance with the procedure for the appeal of the law.(3) Insofar as the compulsory enforcement of the title is first permitted by the Federal Court of Justice, the official of the office of the office of that court shall issue the enforcement clause. § 40 (1) sentence 2 and 4, § § 41 and 42 (1) shall apply accordingly. There is no addition to the constraint of foreclosure.

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

unofficial table of contents

§ 49 Examination of the restriction

of the debtor's objections that the enforcement of the Limitation of security measures pursuant to 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 (Section 52 (2)) not being complied with, or objections of the Creditors, that a certain measure of enforcement is compatible with this restriction, must be asserted in the way of remembering § 766 of the Code of Civil Procedure with the Enforcement Court (Section 764 of the Code of Civil Procedure). Non-official table of contents

§ 50 Security performance by the debtor

(1) As long as enforcement is taken from a title that is related to the performance of The debtor shall be entitled to object to the execution of the enforcement by the performance of a security at the level of the amount due to which the creditor is entitled to execute the execution of the payment.(2) Forced enforcement shall be terminated and enforcement measures already taken shall be repealed if the debtor proves, by means of a public document, the security required to avert the execution of the enforcement of the enforcement order. Non-tampering table of contents

§ 51 Auctioning of movable property

Is a movable property paved and not allowed to execute enforcement In addition, the Court of Enforcement may, upon request, order that the case be auctioned and the proceeds shall be deposited if it is exposed to the risk of a significant reduction in value, or if its storage is would cause disproportionate costs. Unofficial table of contents

§ 52 Unrestricted continuation of enforcement; special court orders

(1) Weist the appeal court the debtor's appeal against the authorisation of the enforcement of the enforcement of the enforcement order, or in the case of the creditor's appeal, allows the enforcement of the order to be carried out under the title, the enforcement may continue beyond the provisions of the security measures for the purpose of securing the enforcement of the law. .(2) At the request of the debtor, the Board of Appeal may order that, by the end of the time limit for the lodging of the appeal or until the decision on that appeal, the enforcement of the law shall not, or only against the security benefit, be Dimension rules for backup must go out. The order may be enacted only if it is made credible that the further enforcement of the debt would bring the debtor a disadvantage which is not to be replaced. Section 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

§ 53 Unrestricted continuation of the enforcement of the enforcement authorized by the court of the first legal suit

(1) The Enforcement on the basis of the title given by the official of the office of the Court of First Instance with the enforcement clause shall, at the request of the creditor, continue beyond the provisions of the provisions of the law for the purpose of securing the certificate, if the certificate the official of the Office of the Office of the Court of First Instance shall be submitted to the office of the Office for the enforcement of the enforcement of the law.(2) The certificate shall be issued to the creditor upon his application,
1.
if the debtor does not submit a notice of appeal until the expiry of the notice of appeal has,
2.
if the appeal court has rejected the debtor's appeal and has not issued an order pursuant to Section 52 (2),
3.
if the Federal Court of Justice has repealed the appeal court order in accordance with § 52 (2) (2) sentence 2) or
4.
if the Federal Court of Justice has allowed the title to be enforced.
(3) Enforcement of the title may be allowed, even if it is based on the measurement rules of the backup shall not take place any more, as soon as a decision of the Appeal Court announces that the title of enforcement is not authorised or is delivered. Non-official table of contents

§ 54 Unrestricted continuation of the enforcement of the enforcement order by the appeal court

(1) Enforcement from the title to which the official of the Board of Appeal of the Board of Appeal has issued the enforcement clause with the addition that the enforcement of the law on the basis of the order of the Court of First Instance does not apply to the provisions of (Article 45 (4) sentence 3), shall be continued at the request of the creditor on the basis of measures to safeguard the security, if the certificate of the official's official is presented to the office of that court, that the enforcement of the enforcement order is allowed to take place without restriction.(2) The testimony shall be issued to the creditor at his request,
1.
if the debtor does not comply with the time limit for the filing of the appeal (§ 46 (2)) Notice of notice of appeal,
2.
if the Federal Court of Justice has repealed the order of the appeal court pursuant to Section 52 (2) (sentence 2 of section 52). or
3.
if the Federal Court of Justice has rejected the debtor's legal complaint.

Subsection 4
Noting the recognition of a foreign decision

Non-official table of contents

§ 55 Procedure

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

§ 56 Cost decision

In the cases of § 55 (2), the costs are to be raised 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 application for a determination.

Section 4
Recognition and Enforcement of maintenance titles by international treaties

Subsection 1
General

unofficial table of contents

§ 57 Application of regulations

To the recognition and enforceable declaration of foreign maintenance titles in accordance with § 1, paragraph 1, sentence 1, point 2 shall apply in accordance with the provisions of § § 36 to 56 in accordance with the provisions of international law, unless otherwise specified in this section. Non-official table of contents

§ 58 hearing

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

§ 59 Complaints period

(1) The appeal against the decision on the application for grant issued in the first legal proceedings the enforcement clause shall be inserted within one month of service.(2) If the service must be delivered to the defendant abroad or by public notice and the court does not consider the time limit for appeal in accordance with paragraph 1 to be sufficient, it shall be determined in the decision pursuant to § 40 or retrospected by a special decision, which shall be taken without oral proceedings, a longer period 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. Non-official table of contents

§ 59a Objections to the claim to be enforced in the appeal proceedings

(1) The debtor may use the complaint, which is directed against the admission of enforcement from a decision, shall also invoke objections against the claim itself to the extent that the reasons on which they are based have not arisen until after the adoption of the decision.(2) With the complaint directed against the admission of enforcement from a court settlement or a public document, the debtor may, notwithstanding the provisions of paragraph 1, submit the objections to the claim against the claim. Enforce restriction. Non-official table of contents

§ 60 Restriction of enforcement of enforcement by law

Enforcement is limited to security measures, as long as the time limit for lodging the complaint is still pending and as long as the complaint has not yet been decided.

Subsection 2
Recognition and enforcement of maintenance titles by the Hague Convention of 23 November 2007 on the international assertion of child and other family dependent claims

Non-official Table of contents

§ 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 apply to the appeal proceedings. name="BJNR089810011BJNG002001308 " />

Subsection 3
Recognition and enforcement of maintenance titles according to the Hague Convention of 2. October 1973 on the recognition and enforcement of maintenance decisions

Non-official table of contents

§ 61 Restriction of the 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 concerning maintenance claims between relatives in the sidelines and between those who are being enforced shall be refused at the request of the defendant if
1.
according to the substantive rules of the law of the state to which the pledge and the righteer belong, there is no maintenance obligation or
2.
the pledge and the person entitled do not have the same nationality and do not have to be subject to maintenance in accordance with the law applicable to the usual place of residence of the food.
Non-official table of contents

§ 62 Appeal procedure within the scope of the Hague Convention

(1) By way of derogation from § 59, paragraph 2 sentence 1 shall be the time limit for the debtor's appeal against the authorisation of the enforcement of enforcement two months if the service to the debtor is to be effected abroad.(2) The Oberlandesgericht may suspend its decision on the appeal against the authorisation of enforcement at the request of the debtor if an ordinary appeal has been filed against the decision in the State of origin or if the The deadline for this has not yet been passed. In the latter case, the Higher Regional Court may determine a period within which the appeal is to be submitted. The court may also make the foreclosure dependent on a security performance.(3) Paragraph 2 is applicable in proceedings for the determination of the recognition of a decision.

Subsection 4
Convention on Jurisdiction and the Enforcement of Judgments Decisions in civil and commercial matters of 16. September 1988

Non-official table of contents

§ 63 Special arrangements for appeal proceedings

(1) The time limit for the appeal of the Defendant against the decision on the authorisation of the enforcement shall be two months and shall start to run from the day on which the decision has been delivered to the defendant, either in person or in his home, 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) Paragraph 62 (2) and (3) shall apply accordingly.

Section 5
formal reciprocity procedure

unofficial table of contents

§ 64 enforceability of foreign titles

(1) Enforceability of foreign titles in formal reciprocity procedures in accordance with § 1, paragraph 1, sentence 1 Point 3 is governed by Section 110 (1) and (2) of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction. The legal force of the decision shall not be required for the declaration of enforceability.(2) Where the foreign title is to be declared enforceable, the court may, at the request of one of the parties in its order of enforcement, the amount of maintenance fixed in the foreign title in respect of the amount and duration of the amount to be paid. Change payments. If the foreign decision is final, an amendment shall be admissible only in accordance with § 238 of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction.

Chapter 3
Enforcement, Enforcement Request, Special Procedure; Damages

Section 1
Enforcement, Enforcement order, special procedure

Non-official table of contents

§ 65 Enforcement

For the enforcement of Article 120 (1) of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction, unless otherwise provided for in Regulation (EC) No 4/2009 and in this Act, applies to foreign maintenance obligations. unofficial table of contents

§ 66 enforcement order application

(1) is a foreign title pursuant to Regulation (EC) No 4/2009 without Exequatur procedure enforceable or declared enforceable in accordance with this Regulation or any of the agreements referred to in Article 1 (1), first sentence 1, point 1, the debtor may, in proceedings against the claim itself, be subject to a procedure in accordance with Section 120 (1) of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction in conjunction with Section 767 of the Code of Civil Procedure. Where the title is a judicial 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) If the enforcement of a title is permitted under one of the conventions referred to in Article 1 (1), first sentence, point 2, the debtor may, in accordance with § 120 (1) of the Law on the subject of the law, be entitled to claim against the claim itself Procedures in family matters and in the matters of voluntary jurisdiction in conjunction with Section 767 of the Code of Civil Procedure only assert if the reasons on which his objections are based only arose:
1.
after the deadline within which he could have lodged the complaint, or
2.
if the complaint has been filed, after the termination of this procedure.
(3) The application under Section 120 (1) of the Act 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 has decided on the application for the order for the enforcement of the order for enforcement. In the cases referred to in paragraph 1, the competence shall be governed by Article 35 (1) and (2). Non-official table of contents

§ 67 Procedure after termination or modification of a foreign title declared enforceable in the country of origin

(1) If the title is cancelled 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 remove or amend the provisions of the title. Apply for authorisation in a special procedure.(2) The decision on the application shall be the exclusive jurisdiction of the court which, in the first legal proceedings, has decided on the application for the order for the enforcement of the enforcement clause.(3) The application may be filed with the court in writing or in the minutes of the office. The application may be decided without oral proceedings. The creditor is to be heard before the decision is taken by decision. Section 45 (2) and (3) shall apply accordingly.(4) The decision shall be subject to the complaint. 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) § § 769 and 770 of the Code of Civil Procedure are to be applied accordingly for the cessation of foreclosure and the cancellation of enforcement measures already in place. The cancellation of a rule of order is also permissible without security. Unofficial table of contents

§ 68 Repeal or change of foreign decisions that have been acknowledged.

If the decision is in the The State in which it has been granted, repealed or amended and the Party benefiting from it may no longer invoke that fact in the proceedings relating to the application for recognition,

Section 2
Non-Enforcement Damages

Non-tampering Table of contents

§ 69 Compensation for unjustified enforcement

(1) If the enforcement of the enforcement order is waiver or amended (§ 43) or the legal complaint (§ 46), the creditor shall be admitted to the To compensate for the damage caused to the debtor by the execution of the title or by a performance for the purpose of wasting the execution.(2) The same shall apply if
1.
the authorization of the enforcement of the enforcement pursuant to § 67 is repealed or amended, provided that the decision allowed to enforce the enforcement order at the time of authorisation, under the law of the State in which it was granted, could still be challenged with an ordinary appeal, or
2.
a Article 17 of Regulation (EC) No 4/2009 has been repealed without the exequatur procedure of enforceable title in the State of origin and the title at the time of the enforcement measure would still have been challenged with a proper appeal
() In order to assert the claim, the Court of First Instance shall have exclusive jurisdiction to decide on the application to provide the title with the Enforcement Clause. In the cases referred to in paragraph 2, point 2, jurisdiction shall be governed by Section 35 (1) and (2).

Chapter 4
Decisions of the German Courts; Mahnverfahren

Non-official table of contents

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

(1) The debtor's application for the investigation of the The decision referred to in Article 19 of Regulation (EC) No 4/2009 shall be submitted to the court which has adopted the decision. Section 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 does not have the conditions laid down in Article 19 (1) of Regulation (EC) No 4/2009, the Court of First Instance shall reject the application by decision. The decision may be taken without oral proceedings.If the conditions laid down in Article 19 of Regulation (EC) No 4/2009 are met, the procedure shall be continued. 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. Non-official table of contents

§ 71 certificates of domestic titles

(1) The courts, authorities or notaries to whom the grant of a shall be responsible for the exhibition
1.
of the form referred to in Article 20 (1) (b), Article 28 (1) (b), Article 28 (1) (b), Article 28 (1) (b), Article 28 (1 40 (2) and 48 (3) of Regulation (EC) No 4/2009,
2.
of the certificates referred to in Articles 54, 57 and 58 of the Convention of 30 June 2009.
(2) Where, in accordance with paragraph 1, the courts have jurisdiction to issue the form or certificates, and the courts and the courts shall be responsible for the purposes of the , these documents shall be issued by the court of the first legal suit or, if the proceedings are pending before a higher court, by the court. The body responsible for the issue of an enforceable copy shall be the responsibility of the office. The validity of the decision on the issuing of the form or the certificate shall be subject to the rules on the validity of the decision on the issue of the form or certificate of enforcement.(3) The issue of 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. Non-official table of contents

§ 72 Reference to the Dynamic Maintenance Title for Enforcement of Enforcement abroad

Subsistence in accordance with § 1612a of the Civil Code as a percentage of the minimum maintenance, is enforced abroad, § 245 of the Act on the Procedure in Family Matters and in the matters of Voluntary Jurisdiction applies. Non-official table of contents

§ 73 Completion of domestic decisions to be used abroad

(1) If a participant wants to complete a failure, or recognition decision 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 another Contracting State or Member State , the decision shall be completed 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) In order 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 signed by judges who do not take part in the decision may have been involved.(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 the Matters of Voluntary Jurisdiction and § 320 of the Law on the Judgment of the State of the European Union Civil Procedure Code. However, in the case of a decision on a request for correction, such judges may also be involved, who did not participate in the decision or the subsequent drafting of the reasons.(4) The above paragraphs shall apply in accordance with the completion of arrest warrants and interim measures to be invoked in another Contracting State or Member State and shall not be accompanied by an explanatory statement. unofficial table of contents

§ 74 Enforcement Clause for use abroad

Enforcement orders, arrest warrants, and interim orders, the enforcement of which is to be carried out in another Contracting State or Member State shall also be provided with the enforcement clause if this is the case for compulsory enforcement in the territory of Germany pursuant to Article 796 (1), Section 929 (1) of the The Code of Civil Procedure and pursuant to Section 53 (1) and § 119 of the Law on the Procedure in Family Matters and in the matters of voluntary jurisdiction would not be required. Non-official table of contents

§ 75 Mahnverfahren mit Approach im Ausland

(1) The order procedure is also held if the delivery of the It must 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) In the event that the applicant claims that the court seised is competent under a jurisdiction agreement, he shall attach the necessary documents to the request for payment of the agreement on the agreement.(3) The objection period (§ 692 (1) (3) of the Code of Civil Procedure) is one month.

Chapter 5
Costs; Transitional Regulations

Section 1
Cost

Non-official table of contents

§ 76 Translations

The amount of the remuneration for those from the central authority

Section 2
Transitional Rules

unofficial table of contents

§ 77 Transitional rules

(1) The recognition and enforceable declaration of a foreign maintenance title is based on the 18. The procedure under the Recognition and Enforcement Execution Act was already initiated in June 2011, as amended by the 3. December 2009 (BGBl. 3830), in the scope of application
1.
of Council Regulation (EC) No 44/2001 of 22 June 2001. The Court of Civil and Commercial Matters of the European Parliament and of the Council of 13 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 1),
2.
of the Convention of 19 May 2001. 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),
3.
of the Convention of 30 June 2005. October 2007 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ C 327, 18.12.2007, p. 3),
4.
of the Convention of 16 May 2007, p. 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 maintenance decisions (BGBl. 826).
(2) The recognition and enforceability of a foreign title is for proceedings with formal reciprocity (Article 1 (1), first sentence, point 3), which is based on the 18. The International Law on Maintenance of Remuneration of 19 June 2011 has already been launched in June 2011. December 1986 (BGBl. 2563), as last amended by Article 4 (10) of the Law of 17. December 2006 (BGBl. 3171);(3) The jurisdiction of the 18. The maintenance and pending procedures for the granting of legal aid shall remain unaffected by the provisions of this Directive.(4) § § 30 to 34 shall apply only to the title which is based on the Hague Protocol of 23 July 2008. November 2007 on applicable law (OJ C 327, 18.12.2007, p OJ L 331, 16.12.2009, p.19).(5) § § 16 to 19 shall also apply at the request of the central authority on the 18. The Commission is already in a position to take action.