Law On The Execution Of The European Convention On Information On Foreign Law And Its Additional Protocol

Original Language Title: Gesetz zur Ausführung des Europäischen Übereinkommens betreffend Auskünfte über ausländisches Recht und seines Zusatzprotokolls

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

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AuRAG

Date of expiry: 05.07.1974

Full quote:

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

:Last modified by Art. 2 G v. 10.12.2008 I 2399

For details, see the Notes

Footnote

(+ + + text evidence from: 19.3.1975 + + +)
heading: IdF d in the menu under Notes
. Article 2 (1) (1) G v. 21.1.1987 II 58 mWv 29.1.1987 unofficial table of contents

introductory formula

The Bundestag, with the consent of the Bundesrat, has the following law decided:

I.
Outbound Request

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§ 1

Has a Court in a pending procedure to apply foreign law to one of the Contracting Parties, 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 State Party that costs are to be expected to complete the request (Article 6 3 of the Convention), the transmitting agency shall direct the requesting court to the requesting court. The Court of First Instance shall inform the transmitting authority whether the request is maintained. Non-official table of contents

§ 3

If costs are charged for the execution of a request for information from another contracting state, the costs are , after receipt of the reply from the transmitting agency, to the other Contracting State. The requesting court shall transmit the cost of the transmitting agency. Non-official table of contents

§ 4

The hearing of a person who has handled a request for information in another State Party is for the purpose of:

II.
Incoming requests

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§ 5

If a request for information relates to national law, it forwards the receiving agency to the position designated by the government of the country for reply. If a request for information refers 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. Non-official table of contents

§ 6

(1) The receiving agency may request a request for information to a lawyer, a notary, an official professor of the rights or a Judge with the consent of the judge for written answer (Article 6 (2) of the Convention). A judge may only transfer the answer to the request for information, if his supreme service authority also agrees.(2) The provisions of Sections 407, 407a, 408, 409, 411 (1), 2 and 412 (1) of the Code of Civil Procedure shall be applicable to the relationship of the person appointed in accordance with paragraph 1 to the receiving agency. 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 provided 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 incumbable. 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. Non-official table of contents

§ 8

The receiving agency continues to submit a request to a body designated by the provincial government, which shall be responsible for the Tasks and powers of the receiving agency according to § § 6, 7 sentence 1, 3 true. 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 The Federal Minister of Justice is responsible for the Convention.(2) The tasks of the transmitting agency within the meaning of Article 2 (2) of the Convention shall be carried out by the Federal Minister of Justice for requests issued by the Federal Constitutional Court or by Federal Courts. In addition, the authorities designated by the State governments shall carry out these tasks. In each country, only one transmitting agency can be set up.(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 Federal Council, if this is done for reasons of administrative simplification or for easier implementation of the It seems necessary to do so. It shall also be authorised to designate, 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 regulation which does not require the consent of the Federal Council. on the go.(4) The state governments may delegate 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. Non-official table of contents

§ 10

The provisions of this Act, with the exception of § 1, second sentence, shall be provided for information under Chapter I of the Additional Protocol of 15 March 1978 (BGBl. 58) to the Convention accordingly. Non-official table of contents

§ 11

(1) This law is concurrent with the European Convention of 7. The European Parliament and the Council of 27 June 1968 on information on foreign law in force.(2) The date on which this law enters into force shall be disclosed in the Federal Law Gazans (Bundesgesetzblatt). Non-official table of contents

§ 11

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