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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here:

Law on the execution of the European Convention on information on foreign law and its additional Protocol (foreign legal advice law AuRAG) AuRAG Ausfertigung date: 05.07.1974 full quotation: "foreign legal advice law of 5 July 1974 (BGBl. I p. 1433), most recently by article 2 of the law of December 10, 2008 (BGBl. I S. 2399) has been changed" stand: last amended by article 2 G v. 10.12.2008 I 2399 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from) : 19.3.1975 +++) heading: IdF d. Article 2 para 1 No. 1 G v. 21.1.1987 II 58 mWv 29.1.1987 input formula the Bundestag approved the following law with the consent of the Federal Council: I. has outgoing request from § 1 a court in a pending procedure to apply foreign law of one of the Contracting Parties, so it may be a source of information under the provisions of the Convention of 7 June 1968 (BGBl. 1974 II p. 937) catch up. The Court may leave the drafting of the request also the parties or stakeholders; in this case, the court approval of the request to add is the request for the Court. The request for information shall be provided by the Court of the place of delivery.

§ 2 a communication of the other Contracting State, that is to be expected costs for the execution of the request (article 6 § 3 of the Convention), the transmitting agency leads to the requesting court. The Court of the transmitting Agency informs whether the request is maintained.

§ 3 for the execution of a request for information from another State party raised, are costs to reimburse the costs of the other Contracting State upon receipt of the response by the transmitting Agency. The requesting court delivered the cost amount of the transmitting Agency.

Section 4 is the interrogation of a person who dealt with a request for information in another Contracting State, for the purpose of explanation or supplement the reply not permitted.
II. inbound requests for article 5 refers a request for information on national law, it forwards the receiving Agency in the place determined by the Government of the country to answer. A request for information refers to federal law and land law, it should forward the reception Office at the place determined by the Government of the country to respond to single. State law in several countries is the same, the site of one of the countries answering can be transferred.

§ 6 (1) the receiving agency may forward a request for a lawyer, a notary, an official Professor of law or a judge with their consent to the written reply (article 6 paragraph 2 of the Convention). The answering of the request for information may be transferred only a judge, if also his Supreme service Authority agrees.
(2) on the relationship of the person appointed pursuant to paragraph 1 to the receiving Agency the provisions of § apply 407a, section 407, 408, 409, 411 according to para 1 and 2 of section 412 para 1 of the civil procedure code. The person ordered pursuant to paragraph 1 receives remuneration as an expert according to the rates and Compensation Act. In the cases of § 409, 411 paragraph 2 of the civil procedure code and section 4 of the Justizvergütungs-and compensation law, the District Court at the seat of the receiving Agency is responsible.

§ 7 is given the information by a private body or legal person (article 6 paragraph 2 of the Convention, article 6), the compensation of this Office or person of the receiving Agency is responsible. The receiving agency accepts the payments of the requesting State. Cost accounting must be sent by the receiving agency with the information.

§ 8 the receiving agency forwards a request in a place determined by the Government, so this takes the duties and powers of the receiving agency 7 set 1, according to the §§ 6, 3 true. In the cases of § 6 paragraph 2 sentence 3, the District Court at the registered office of the authority given by the provincial government is responsible. The place determined by the Government transmitted the reply of the receiving Agency. Had transferred the place determined by the Government (article 6 of the Convention, section 6), answering the receiving agency delivered the payments of the requesting State to this point.
III. other provisions section 9 (1) discharging responsibilities of the receiving agency within the meaning of article 2 paragraph 1 of the Convention right of the Minister of Justice.
(2) paragraph 2 of the Convention perceives the tasks of transmitting agency within the meaning of article 2 to requests emanating from the Federal Constitutional Court or federal courts, the Federal Minister of Justice. In addition, the positions of the provincial governments perceive these tasks. Only one delivery point can be set up in each country.
(3) the Federal Minister of Justice is authorized by means of an Ordinance which require the consent of the Federal Council to determine reception elsewhere, if this appears necessary for reasons of administrative simplification or easier execution of the Convention. He is entitled, by legal Ordinance which shall not require the consent of the Federal Council, to determine a different delivery location for requests emanating from the Federal Constitutional Court or by federal courts for the reasons referred to in sentence 1.
(4) the land Governments may confer the powers according to section 5, sentence 2, § 8 sentence 1 and 3, § 9 para 2 sentence 2 to the land justice administrative authorities.

The provisions of this Act, with the exception of section 1 sentence 2, § 10 are on information pursuant to chapter I of the supplementary Protocol of 15 March 1978 (BGBl. 1987 II p. 58) to apply in accordance with the Convention.

Section 11 (1) this law at the same time with the European Convention of 7 June 1968 on information on foreign law into force.
(2) the day on which this Act comes into force, is to announce in the Federal Law Gazette.

11 this Act applies section in accordance with § 13 para 1 of the third of Reconciliation Act also in the Federal State of Berlin. Regulations, which are adopted on the basis of this Act, apply in the Federal State of Berlin according to § 14 of the third of transfer Act.