Law implementing the European Convention on Information on Foreign Law and its Additional Protocol (International Law of the Law of the Law of the Law-AuRAG)

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AuRAG

Date of completion: 05.07.1974

Full quote:

" International Law of the Law of 5 July 1974 (BGBl. 1433), as last amended by Article 2 of the Law of 10 December 2008 (BGBl I). 2399). "

Status:

Last amended by Art. 2 G v. 10.12.2008 I 2399

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 19.3.1975 + + +)
Heading: IdF d. Art. 2 para. 1 No. 1 G v. 21.1.1987 II 58 mWv 29.1.1987 Unofficial table of contents

Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law:

I.
Outbound Requests

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§ 1

If a court has to apply foreign law to one of the Contracting Parties in a pending case, it may provide information in accordance with the provisions of the Convention of 7 June 1968 (BGBl). 1974 II p. 937). The court may also leave the request to the parties or parties to the request; in this case, the request for information from the court shall be accompanied by the judicial approval of the request. The request for information shall be submitted by the court of the transmitting agency. Unofficial table of contents

§ 2

A notification from the other Contracting State that costs are to be expected for the execution of the request (Article 6 (3) of the Convention) shall be sent by the transmitting authority to the requesting court. The Court of First Instance shall inform the transmitting authority whether the request is maintained. Unofficial table of contents

§ 3

If costs are levied for the execution of a request for information from another Contracting State, the costs shall be reimbursed by the transmitting agency to the other Contracting State after receipt of the reply. The requesting court shall transmit the cost of the transmitting agency. Unofficial table of contents

§ 4

The hearing of a person who has handled a request for information in another Contracting State shall be inadmissible for the purpose of explaining or supplementing the reply.

II.
Incoming requests

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§ 5

If a request for information relates to national law, it shall forward the receiving agency to the body designated by the government of the country for reply. If a request for information relates to federal law and to national law, it should forward the receiving agency to the position designated by the government of the country for a uniform answer. If national law is the same in several countries, the answer may be transferred to the post of one of the countries. Unofficial table of contents

§ 6

(1) The receiving agency may forward a request for information to a lawyer, a notary, an official professor of rights or a judge with their consent for written answer (Article 6 (2) of the Convention). A judge may only transfer the answer to the request for information if his/her supreme service authority agrees. (2) The relationship of the person appointed in accordance with paragraph 1 to the receiving agency shall be subject to the provisions of § § 407, 407a, 408, 409, 411 (1), (2) and § 412 (1) of the Civil Procedure Code. The person ordered in accordance with paragraph 1 shall receive remuneration as an expert in accordance with the law on the remuneration and compensation of justice. In the cases of § § 409, 411 (2) of the Code of Civil Procedure and Section 4 of the Justice and Compensation Act, the District Court is responsible for the seat of the receiving agency. Unofficial table of contents

§ 7

If the information is given by a private entity or a legal person (Article 6 (2) of the Convention, § 6), the compensation of this body or person of the receiving agency is the responsibility of the person. The receiving agency shall accept the payments of the requesting State. The cost calculation is to be sent to the receiving office with the information. Unofficial table of contents

§ 8

If the receiving agency forwards a request to a body designated by the provincial government, it shall carry out the tasks and powers of the receiving agency in accordance with § § 6, 7 Sentence 1, 3. In the cases of Section 6 (2) sentence 3, the District Court shall be responsible for the seat of the authority designated by the State Government. The authority designated by the provincial government shall transmit the reply of the receiving agency. If the authority designated by the provincial government had transferred the answer (Article 6 of the Convention, § 6), the receiving agency shall transmit the payments of the requesting State in this place.

III.
Other provisions

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§ 9

(1) The tasks of the receiving agency within the meaning of Article 2 (1) of the Convention shall be carried out by the Federal Minister of Justice. (2) The tasks of the transmitting agency within the meaning of Article 2 (2) of the Convention shall be carried out in response to requests made by the Federal Constitutional Court or Federal Courts, the Federal Minister of Justice is true. In addition, the authorities designated by the State governments shall carry out these tasks. In each country, only one transmitting agency can be established. (3) The Federal Minister of Justice is authorized to designate a different receiving agency by means of a decree law which requires the consent of the Bundesrat, if this is done for reasons of administrative simplification or to facilitate the implementation of the Convention. It is also empowered to determine, for the reasons set out in the first sentence, another transfer point for requests made by the Federal Constitutional Court or the Federal Courts by means of a decree law which does not require the consent of the Federal Council. (4) The state governments may transfer the powers pursuant to § 5 sentence 2, § 8 sentence 1 and 3 as well as § 9 para. 2 sentence 2 to the Land Justice Administrations. Unofficial table of contents

§ 10

The provisions of this Act, with the exception of the second sentence of § 1, are to be found in accordance with Chapter I of the Additional Protocol of 15 March 1978 (BGBl. 58) to the Convention accordingly. Unofficial table of contents

§ 11

(1) This Act shall enter into force at the same time as the European Convention of 7 June 1968 concerning information on foreign law. (2) The date on which this Act enters into force shall be disclosed in the Bundesgesetzblatt (Federal Law Gazans). Unofficial table of contents

§ 11

This law shall also apply in the Land of Berlin in accordance with the provisions of Section 13 (1) of the Third Transfer Act. Legal orders issued pursuant to this Act shall apply in the Land of Berlin pursuant to Section 14 of the Third Transfer Act.