Law on the implementation of intergovernmental treaties and the implementation of European Union agreements in the field of recognition and enforcement in civil and commercial matters (Recognition and Enforcement Execution Act-AVAG)

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AVAG

Date of completion: 19.02.2001

Full quote:

" Recognition and Enforcement Execution Act as amended by the Notice of 3 December 2009 (BGBl. 3830), as last amended by Article 1 of the Law of 10 December 2014 (BGBl. I p. 2082; 2015 I 1034).

Status:	New by Bek. v. 3.12.2009 I 3830
	Last amended by Art. 1 G v. 10.12.2014 I 2082; 2015 I 1034

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.3.2001 + + +) 

  

Heading: IdF d. Art. 1 No. 1 G v. 17.4.2007 I 529 iVm Bek. v. 12.6.2007 I 1058 mWv 1.7.2007 u. d. Art. 5 No. 1 G v. 8.7.2014 I 890 mWv 10.1.2015
The G was referred to as Article 1 (d). G v. 19.2.2001 I 288 (AVAusldefG) with the consent of the Federal Council. It's gem. Article 3, first sentence, of this G, entered into force on 1 March 2001. Unofficial table of contents

Content Summary

Part 1Common section 1Application areas; definitions

§ 1	Scope
§ 2	Definitions

Section 2Admission of forced labour
execution from foreign titles

§ 3	Responsibility
§ 4	Application
§ 5	Delivery recipient
§ 6	Procedure
§ 7	Enforceability of foreign titles in special cases
§ 8	Decision
§ 9	Enforcement clause
§ 10	Notice of decision

Section 3complaint, enforcement action

§ 11	Filing of the complaint; Complaint
§ 12	Objections against the claim to be executed in the appeal proceedings
§ 13	Procedure and decision on the complaint
§ 14	Enforcement Action for Enforcement

Section 4Legal complaint

§ 15	Statliability and time limit
§ 16	Introduction and justification
§ 17	Procedure and decision

Section 5Restriction of the
Enforcement on security measures
and unrestricted continuation of foreclosure

§ 18	Limitation by law
§ 19	Limitation Check
§ 20	Security performance by the pledge
Section 21	Auction of movable property
Section 22	Unrestricted continuation of foreclosure; special court orders
Section 23	Unrestricted continuation of the enforcement of the enforcement of the law approved by the court of the first legal proceedings
§ 24	Unrestricted continuation of the foreclosure of the law approved by the appeal court

Section 6Determination of recognition
a foreign decision

Section 25	Procedure and decision in the main proceedings
Section 26	Cost Decision

Section 7Repeal or amendment
the decisions on authorisation
the enforcement or recognition of

§ 27	Proceedings after the cancellation or modification of the foreign title declared enforceable in the State of origin
§ 28	Compensation for unjustified enforcement
§ 29	Cancellation or amendment of foreign decisions which have been recognised

Section 8Rules for Decisions
German courts and for the order procedure

§ 30	Completion of domestic decisions to be used abroad
Section 31	Enforcement clause for use abroad
Section 32	Mahn-proceedings with delivery abroad

Section 9Ratio to special
Recognition procedure; Concentration Authorisation

§ 33	(dropped)
Section 34	Concentration-authorization

Part 2Special Section 1Conventions on the
jurisdiction and enforcement
Judicial decisions in civil and commercial matters
of 27 September 1968 and 16 September 1988

§ 35	Special arrangements concerning the time limit for complaints
§ 36	Suspension of appeal proceedings

Section 2 (omitted)

§ § 37 to 39

(dropped)

Section 3Contract of 17 June 1977
between the Federal Republic of Germany
and the Kingdom of Norway on the reciprocal
Recognition and enforcement of judgments and other debt instruments in civil and commercial matters

§ 40	Deviations from § 22
Section 41	Deviations from § 23
§ 42	Deviations from § 24
Section 43	Follow-up arrangements for the appeal procedure
Section 44	Other special arrangements

Section 4Contract of 20 July 1977 between
the Federal Republic of Germany and the State of Israel
on mutual recognition and enforcement
Judicial decisions in civil and commercial matters

§ 45	Deviations from § 22
Section 46	Deviations from § 23
§ 47	Deviations from § 24
§ 48	Follow-up arrangements for the appeal procedure
§ 49	Other special arrangements

Section 5 (omitted)

§ § 50 to 54

(dropped)

Section 6Conventions of 30. October 2007 on
the jurisdiction and the recognition and enforcement of
of decisions in civil and commercial matters

§ 55	Derogations from the provisions of the General Part; supplementary schemes
§ 56	Special arrangements for the enforcement of the enforcement order
Section 57	Certificates for domestic titles

Part 1
General

Section 1
Scope; definitions

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§ 1 Scope

(1) Subject to this Act

1.

the implementation of the following intergovernmental agreements (recognition and enforcement contracts):

a)

Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (BGBl. 1972 II p. 773);

b)

Convention of 16 September 1988 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (BGBl. 2658);

c)

Treaty of 17 June 1977 between the Federal Republic of Germany and the Kingdom of Norway on the mutual recognition and enforcement of judgments and other debt instruments in civil and commercial matters (BGBl). 341);

d)

Treaty of 20 July 1977 between the Federal Republic of Germany and the State of Israel on the Mutual Recognition and Enforcement of Judgments in Civil and Commercial Matters (BGBl. 1980 II p. 925);

e)

Treaty of 14 November 1983 between the Federal Republic of Germany and Spain on the recognition and enforcement of judgments and settlements, and enforceable public documents in civil and commercial matters (BGBl. 34);

2.

the implementation of the Convention of 30 October 2007 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

(2) Agreements referred to in paragraph 1 (2) shall not be affected as a direct right of the European Union by the implementing provisions of this Act. The provisions of the recognition and enforcement contracts shall also remain unaffected; this shall apply in particular to the rules on

1.

the factual scope,

2.

the nature of the decisions and other titles which may be recognised in the country or which may be allowed to be enforced;

3.

the requirement of the legal force of the decisions;

4.

the nature of the documents to be presented in the procedure; and

5.

the reasons leading to the failure to recognise or authorise the enforcement of enforcement.

(3) The scope of the German Law on Maintenance Abroad of 23 May 2011 (BGBl. I p. 898) shall remain unaffected. Unofficial table of contents

§ 2 Definitions

For the purposes of this law,

1.

Member State of each Member State of the European Union,

2.

Title of each decision, every court settlement and every public document, on the recognition and enforcement contract to be executed in accordance with Section 1 (1) (1) or the agreement to be carried out in each case pursuant to § 1 (1) (1) Point 2 shall apply, and

3.

State Party of each State with which the Federal Republic of Germany has concluded a recognition and enforcement contract in accordance with Section 1 (1) (1).

Section 2
Authorisation of coercion
execution from foreign titles

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§ 3 Jurisdiction

(1) The District Court is solely responsible for the declaration of enforceable title of title from another State. (2) Local jurisdiction is exclusively the court in whose district the pledge is domicated, or, if he is domicised in the territory of the country. does not have a residence, the court in whose district the foreclosure is to be carried out. The seat of companies and legal entities is the same as the place of residence. (3) The chairman of a civil chamber decides on the application for the order for the enforcement of the order. Unofficial table of contents

§ 4 Application

(1) The title enforceable in another State shall be admitted to enforcement by the enforcement of the order for enforcement upon application. (2) The application for the enforcement clause may be filed with the competent court submitted in writing or orally to the minutes of the office. (3) If the application is not in German language, contrary to § 184 of the German Court of Justice Act, the court may give up the applicant, a translation of the application, the accuracy of which shall be

1.

in a Member State of the European Union or in another Contracting State of the Agreement on the European Economic Area, or

2.

in a State Party to the Recognition and Enforcement Contract to be carried out in each case

(4) The copy of the title which is to be provided with the order for enforcement and its translation, to the extent that such a document is submitted, shall be accompanied by two copies. Unofficial table of contents

§ 5 Delivery recipient

(1) If the applicant has not appointed an agent in the application in the meaning of the first sentence of Article 184 (1) of the Code of Civil Procedure, all deliveries to it by post (§ 184) may be made by appointment until the subsequent appointment ( (2) Paragraph 1 shall not apply if the applicant has appointed a procedural representative for the proceedings to which the person may be served domestiously. Unofficial table of contents

§ 6 Procedure

(1) The court shall decide without hearing the pledge. (2) The decision shall be taken without oral proceedings. However, an oral discussion may take place with the applicant or his authorised representative if the applicant or the authorised representative herewith is in agreement and serves to discuss the acceleration. (3) In the first legal proceedings, the Representation by a lawyer is not required. Unofficial table of contents

§ 7 enforceability of foreign titles in special cases

(1) Enforcement shall be suspended in accordance with the content of the title by a security provided to the beneficiary, the expiry of a period or the occurrence of any other fact, or the enforcement clause shall be deemed to be in favour of another in the case of the person entitled to the title, or against a pledge other than the person referred to in that title, the extent to which the authorisation of enforcement depends on the proof of special conditions or on whether the person concerned has been subject to the Title shall be enforceable for or against the other, in accordance with the law of the State in which the title is to be established. Proof must be provided by documents, unless the facts are obvious in the case of the court. (2) If the certificate cannot be held by documents, the pledge must be heard at the request of the person entitled to receive the certificate. In such a case, all evidence shall be admissible. The Court of First Instance may also order the oral proceedings. Unofficial table of contents

§ 8 Decision

(1) Where enforcement is to be permitted under the title, the court shall decide that the title shall be accompanied by the order for enforcement. The decision shall reflect the obligation to be enforced in the German language. In order to justify the decision, it is generally sufficient to refer to the European Union agreement to be carried out or to the recognition and enforcement contract to be carried out, and to documents submitted by the applicant. § 788 of the Code of Civil Procedure is to be applied accordingly to the costs of the proceedings. (2) If the application is not admissible or is not justified, the Court of First Instance rejects the request by reasoned decision. The costs shall be borne by the applicant. Unofficial table of contents

Section 9 Enforcement clause

(1) On the basis of the decision referred to in Article 8 (1), the official of the office shall issue the enforcement clause in the following form:

" Enforcement clause in accordance with § 4 of the Recognition and Enforcement Execution Act. In accordance with the decision of the .......... (name of the court and the decision), the enforcement of the law shall be that of .......... (title of the title) in favour of .......... (name of the person entitled) against .......... (name of the pledge) allowed.

The obligation to be carried out shall be:

.......... (indication of the obligation on the pledge of the foreign title in German language; to take over from the decision in accordance with § 8 (1)).

The enforcement shall not go beyond the measures to be taken for the protection of the law until the creditor submits a court order or a certificate that the enforcement of the order may take place unrestricted. "

Where the title is on the performance of money, the order for enforcement shall be added to the following supplementary:

" As long as the enforcement is not allowed to go beyond the measures of the law of the security, the debtor may be required to execute the enforcement by the performance of a security in the amount of .......... (Indication of the amount due to which the beneficiary may execute). " (2) The enforcement of the enforcement shall only be made for one or more of the titles awarded by the foreign decision or in another foreign title. Claims or only for part of the subject-matter of the obligation, the enforcement clause shall be designated as a "partial enforcement clause according to § 4 of the Recognition and Enforcement Execution Act". (3) The Enforcement Clause shall be signed by the Office of the Office of the Office and shall be signed by the Office of the Office of the Court seal to be provided. 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. Unofficial table of contents

Section 10 Announcement of the decision

(1) In the case referred to in Article 8 (1), a certified copy of the decision, a certified copy of the title bearing the Enforcement Clause and, where appropriate, its translation, and the third sentence of Article 8 (1), shall be sent to the pledge. (2) must be delivered to the pledge abroad or by public notice and the court does not consider the time limit for appeal in accordance with § 11 (3) sentence 1 to be sufficient, so shall determine in the decision pursuant to Article 8 (1) or, subsequently, by a special decision which: without oral proceedings, a longer period of appeal. The provisions relating to the beginning of the period of appeal remain unaffected even in the event of subsequent determination. (3) The applicant is a certified copy of the decision in accordance with § 8, in the case of § 8 paragraph 1, also the one with the The Enforcement of the Enforcement Clause and an attestation of the delivered service, to be sent. In the cases referred to in paragraph 2, the time limit laid down for the lodging of the complaint shall be noted on the certificate relating to the notification effected.

Section 3
Complaint, Enforcement Action

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Section 11 Filing of the complaint; Complaint

(1) The appeal against the decision taken in the first appeal on the application for the enforcement clause shall be lodged with the appeal court by filing a notice of appeal or by making a statement on the minutes of the office of appeal. . Appeal court is the Higher Regional Court. The notice of appeal shall be accompanied by the number of copies required for their service. (2) The admissibility of the appeal shall not be affected by the fact that, instead of the appeal court, it shall be brought before the court of appeal of the first legal proceedings (3) The plea of the pledge against the admission of the enforcement shall be within one month, in the case of § 10 (2) sentence 1 within the in accordance with the provisions of this provision. The notice of appeal shall begin with the notification in accordance with § 10 (1). It is an emergency period. (4) The appeal is to be notified to the respondent by the respondent. Unofficial table of contents

§ 12 objections against the claim to be enforced in the appeal proceedings

(1) The pledge may also invoke objections against the claim itself in so far as the grounds on which it is based only after the complaint, which is directed against the authorisation of enforcement of a decision. (2) With the appeal against the admission of enforcement from a court settlement or a public document, the pledge may be subject to objections against the claim even notwithstanding the restriction contained in paragraph 1. Unofficial table of contents

Section 13 Procedure and decision on the complaint

(1) The Board of Appeal decides by decision, which is to be provided with reasons and which can be taken without oral proceedings. The respondent is to be heard before the decision. (2) As long as an oral hearing is not ordered, applications and declarations can be made to the minutes of the office. If the oral proceedings are arranged, the provisions of Section 215 of the Code of Civil Procedure shall apply. (3) A complete copy of the decision shall be sent to the person entitled and to the pledge, even if the decision is taken by the person concerned, on the grounds of the decision (4) If, according to the decision of the Board of Appeal, the enforcement of the title is to be admitted for the first time, the official of the Board of Appeal of the Appeal Court shall issue the enforcement clause. § 8 (1) sentences 2 and 4, § § 9 and 10 (1) and (3) sentence 1 shall apply accordingly. An addition that the enforcement may not go beyond the measures for the protection of the law is to be included only if the appeal court has issued an order pursuant to this Act (Section 22 (2), Section 40 (1) (1) or § 45 (1) (1)) . The contents of the additive are determined according to the content of the arrangement. Unofficial table of contents

Section 14 Enforcement of the Enforcement Order

(1) If the enforcement of a title is permitted under a title, the pledged objection against the claim itself can only be asserted in a procedure pursuant to Section 767 of the Code of Civil Procedure only if the reasons on which his objections are based First

1.

after the expiry of the period within which the appeal could have been lodged, or

2.

if the appeal has been lodged, after the termination of this procedure

(2) The action under Section 767 of the Code of Civil Procedure must be brought before the Court of First Instance, which has decided on the application for the order for the enforcement of the order for enforcement. In so far as the action relates to a maintenance title, the family court is competent; the provisions of the Law on the Procedure in Family Matters and in the Matters of Volunteers shall apply to the local jurisdiction Jurisdiction for maintenance matters.

Section 4
Legal complaint

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§ 15 Statliability and deadline

(1) The appeal shall be filed against the decision of the Board of Appeal in accordance with the provisions of Section 574 (1) (1), (2) of the Code of Civil Procedure. (2) The appeal shall be filed within one month. (3) The legal appeal period shall be an emergency period and shall begin with the notification of the decision (Section 13 (3)). Unofficial table of contents

Section 16 Einlaying and justification

(1) The appeal is filed by the application of the notice of appeal to the Federal Court of Justice. (2) The legal complaint shall be justified. Section 575 (2) to (4) of the Code of Civil Procedure shall be applied accordingly. In so far as the appeal 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 deviates must be called. (3) A notice of appeal is to be submitted to a copy or certified copy of the decision against which the appeal is made. Unofficial table of contents

Section 17 Procedure and decision

(1) The Federal Court of Justice can only verify whether the decision is based on an infringement of the law of the European Union, a recognition and enforcement contract, other federal law, or any other rule, the scope of which is it extends beyond the district of a Higher Regional Court. He must not verify whether the court has wrongly accepted his local jurisdiction. (2) The Federal Court of Justice can decide on the appeal without oral proceedings. § 574 (4), § 576 (3) and § 577 of the Code of Civil Procedure are to be applied in accordance with the procedure for appeal. (3) Insofar as the compulsory enforcement of the title is first granted by the Federal Court of Justice, the Civil servants of the office of the Court of First Instance have the order for enforcement. § 8 (1) sentence 2 and 4, § § 9 and 10 (1) and 3 sentence 1 shall apply accordingly. An addition to the restriction of the foreclosure of enforcement is not required.

Section 5
Limitation of foreclosure on security measures and unrestricted continuation of compulsory enforcement

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§ 18 Restriction of force law

Enforcement shall be limited to security measures as long as the time limit for lodging the appeal is still in progress and as long as the complaint has not yet been decided. Unofficial table of contents

Section 19 Examination of the restriction

Objections of the pledge that, in the course of the enforcement of the enforcement order, the restriction to security measures according to the recognition and enforcement contract to be carried out, in accordance with § 18 of this law or based on a law based on this law Arrangement (Section 22 (2), § § 40, 45) is not complied with, or objections of the beneficiary that a certain measure of the enforcement of enforcement is compatible with this restriction are in the way of remembering § 766 of the Code of Civil Procedure in the case of the Enforcement Court (Section 764 of the Code of Civil Procedure). Unofficial table of contents

§ 20 Security performance by the pledge

(1) As long as the enforcement of a title, which is based on the performance of money, must not go beyond the measures of the security, the pledge shall be entitled to execute the enforcement by the performance of a security at the level of the amount of the amount of the amount of the security. (2) Enforcement shall be discouraged and enforcement measures already taken shall be repealed if the pledge by means of a public document is used to devote the The required safety performance is provided by the forced execution. Unofficial table of contents

Section 21 Auctioning of movable property

If a movable property is paved and the foreclosure is not allowed to go beyond the measure of the security, the executing court may order, upon request, that the matter be auctioned and the proceeds shall be deposited if it is liable to is subject to a significant reduction in value, or where its storage would cause disproportionate costs. Unofficial table of contents

Section 22 Unrestricted continuation of compulsory enforcement; special court orders

(1) In the event that the appeal court withheld the plea of the pledge against the authorisation of the enforcement of the enforcement order, or if the appeal of the person entitled to the law of enforcement is allowed to be enforced from the title, the foreclosure may be carried out by the appeal of the court of appeal. (2) At the request of the pledge, the Board of Appeal may order that until the expiry of the time limit for the lodging of the appeal (§ 15) or until the decision on this appeal the appeal court may decide to Enforcement not, or only against security, by means of measures to ensure security may go out. The order may only be issued if it is made credible that the further enforcement of the pledge would bring a non-replacement disadvantage to the pledge. § 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 pledge, issue an order in accordance with paragraph 2. The Bundesgerichtshof may, at the request of the beneficiary, amend or repeal an order issued pursuant to paragraph 2 of the Appeal Court. Unofficial table of contents

Section 23 Unrestricted continuation of the enforcement of the enforcement of the law approved by the court of the first legal proceedings

(1) Forced enforcement from the title provided by the official of the office of the court of the first appeal with the enforcement clause shall, at the request of the person entitled, continue beyond the provisions of the provisions of the law for the protection of the law, if: the certificate of the official authority of the office of the Court of First Instance is submitted, that the enforcement may take place without restriction. (2) The testimony shall be given to the person entitled to his application,

1.

if the pledge has not filed a notice of appeal until the expiry of the notice of appeal,

2.

if the appeal court has rejected the plea of the pledge and has not issued an order pursuant to Article 22 (2),

3.

if the Federal Court of Justice has repealed the order of appeal of the appeal court pursuant to Article 22 (2) (sentence 2 of Article 22 (3)), or

4.

if the Federal Court of Justice has allowed the title to be enforced.

(3) The title may no longer take place for enforcement, even if it is limited to measures of assurance, as soon as a decision of the Appeal Court announces that the title is not allowed to enforce enforcement, or is delivered. Unofficial table of contents

Section 24 Unrestricted continuation of the enforcement of the enforcement of the appeal by the appeal court

(1) Forced enforcement from the title to which the official of the Board of Appeal of the Board of Appeal issued the enforcement clause with the addition that the enforcement of the enforcement of the law on the basis of the order of the Court of First Instance does not apply to the law of the Court of Appeal (Article 13 (4) sentence 3), shall be continued at the request of the person entitled above the measures of measurement of the security, if the testimony of the official of the document is submitted to the office of the office of that court, that the enforcement of the enforcement order (2) The testimony shall be the person entitled to his/her application ,

1.

if the pledge has not filed a notice of appeal before the expiry of the time limit for the lodging of the appeal (Article 15 (2)),

2.

if the Federal Court of Justice has repealed the order of appeal of the appeal court pursuant to Article 22 (2) (sentence 2 of Article 22 (3)), or

3.

if the Federal Court of Justice rejected the legal complaint of the pledge.

Section 6
Determination of the recognition of a foreign decision

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Section 25 Procedure and decision in the main proceedings

(1) § § 3 to 6, 8 (2), § § 10 to 12, § 13 (1) to (3), § § 15 and 16, and § 17 (1) and (2) shall apply to the procedure for determining whether a decision is to be recognised from another state. (2) If the request for a determination is justified, the court shall decide that the decision shall be recognised. Unofficial table of contents

Section 26 Codecision

In the cases referred to in Article 25 (2), the costs shall be borne by the defendant. This may limit the appeal (§ 11) 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 request for a determination.

Section 7
Repeal or amendment of decisions on the authorisation of enforcement or recognition

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Section 27 Procedure after the repeal or amendment of the foreign title declared enforceable in the State of origin

(1) Where the title is repealed or amended in the State in which it has been established and the pledge may no longer invoke that fact in the procedure for the authorisation of enforcement, it may be repealed or amended. (2) The Court of First Instance has sole jurisdiction to decide on the application, which has decided on the application for the application for the enforcement clause. (3) The request may be made submitted to the court in writing or by declaration to the office of the office of business . The application may be decided without oral proceedings. The person entitled to hear the decision shall be heard before the decision is taken. § 13 (2) and (3) shall apply accordingly. (4) The decision shall be subject to the appeal pursuant to § § 567 to 577 of the Code of Civil Procedure. The emergency period for the lodging of the immediate appeal is one month. (5) § § 769 and 770 of the Code of Civil Procedure are appropriate 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

Section 28 Compensation for unjustified enforcement

(1) If the authorisation of enforcement is waived or amended to the appeal (§ 11) or the legal complaint (§ 15), the person entitled to compensation shall be obliged to compensate for the damage caused to the pledge by the execution of the title. or by a performance for the purpose of averting enforcement. The same shall apply if the authorisation of the enforcement of the law is repealed or amended in accordance with Article 27, provided that the decision allowed to enforce the enforcement order is still valid at the time of the authorisation under the law of the State in which it has been granted. (2) In order to assert the claim, the Court of First Instance has exclusive jurisdiction to decide, in the first legal proceedings, on the application to provide the title with the order for enforcement. Unofficial table of contents

Section 29 Repeal or amendment of foreign decisions which have been recognised

If the decision is annulled or amended in the State in which it has been issued and the party benefiting from it is no longer able to invoke that fact in the proceedings on the application for recognition (§ 25), § 27 The provisions of paragraphs 1 to 4 shall apply accordingly.

Section 8
Rules for decisions of German courts and for the order for payment procedure

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§ 30 Completion of domestic decisions for use abroad

(1) If a party wishes to assert a default or recognition judgment, which has been drafted in a shortened form in accordance with Section 313b of the Code of Civil Procedure, in another Contracting State or a Member State, the judgment shall be delivered at its request. complete. The application may be made to the court in writing or by declaration on the minutes of the office. The application shall be made without oral proceedings. (2) To complete the judgment, the facts and reasons for the decision must be subsequently written, signed by the judges in particular and handed over to the office of the office; the facts and the reasons for the decision may also be signed by judges who did not participate in the judgment. (3) For the correction of the retrospection of the retrospection, Section 320 of the Code of Civil Procedure shall apply mutagentily. However, in deciding on a request for correction, such judges may also participate which have not participated in the judgment or the subsequent preparation of the facts. (4) The above paragraphs shall apply mutagenly to the Completion of arrest warrants, interim injunctions and injunctions to be asserted in another Contracting State or Member State and not accompanied by an explanatory statement. Unofficial table of contents

Section 31 Enforcement Clause for use abroad

Enforcement orders, arrest warrants and interim injunctions or interim orders whose foreclosure 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 a forced enforcement in Germany pursuant to § 796 (1), § 929 (1) and § 936 of the Code of Civil Procedure or pursuant to Section 53 (1) and § 119 of the Act on the Procedure in Family Matters and in the Issues of Voluntary Persons Jurisdiction would not be required. Unofficial table of contents

Section 32 Procedure for payment of the order for the delivery abroad

(1) The payment procedure shall also take place if the notification of the letter of payment has to 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) Power of the applicant claims that the court is competent under a jurisdiction agreement, he has to (3) The period of objection (Section 692 (1) (3) of the Code of Civil Procedure) is one month.

Section 9
Relationship to Special Recognition Procedures; Concentration Authorisation

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§ 33 (omitted)

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§ 34 Concentration Authorisation

(1) The State Governments shall be empowered to implement this Act, by means of a legislative decree, to decide on applications for the enforcement clause on foreign titles in civil and commercial matters, on applications for waiver or amendment of this enforcement clause and requests for the recognition of a foreign decision for the districts of several regional courts, provided that this is the objective of promoting or speeding up the decision To do the procedures. The authorisation may be exercised individually for each of the recognition and enforcement contracts referred to in Article 1 (1) (1) (a) and (b) and for the European Union's agreement referred to in Article 1 (1) (2). (2) National governments can transfer the authorisation to the State Justice Administrations by means of a legal regulation.

Part 2
Special

Section 1
Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters of 27 September 1968 and of 16 September 1988

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Section 35 Special arrangements for the period of appeal

The time limit for lodging the complaint against the decision on the authorisation of enforcement shall be two months and shall start from the date on which the decision of the person to be given the pledge is either in person or in his/her own In the case of a person having his or her residence or registered office in another Contracting State of this Convention, the flat has been delivered. An extension of this period due to further removal is excluded. § 10 (2) and (3) sentence 2 and § 11 (3) sentence 1 and 2 shall not apply in these cases. Unofficial table of contents

Section 36 Suspension of appeal proceedings

(1) The Oberlandesgericht (Oberlandesgericht) may, at the request of the pledge, suspend its decision on the appeal against the authorisation of the enforcement of enforcement if an ordinary appeal is lodged against the decision in the State of origin or the In the latter case the Oberlandesgericht (Oberlandesgericht) may determine a time limit within which the legal remedy is to be submitted. The court may also make the enforcement dependent on a security benefit. (2) Paragraph 1 shall be applied in accordance with the procedure for the determination of the recognition of a decision (§ § 25 and 26).

Section 2
(dropped)

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§ 37 (omitted)

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§ 38 (omitted)

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§ 39 (omitted)

Section 3
Treaty of 17 June 1977 between the Federal Republic of Germany and the Kingdom of Norway on the mutual recognition and enforcement of judgments and other debt instruments in civil and commercial matters

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§ 40 deviations from § 22

(1) By way of derogation from Article 22 (1), the Oberlandesgericht (Oberlandesgericht) shall return the plea of the pledge against the admission of the enforcement of the enforcement order or to the appeal of the person entitled to the execution of the enforcement of the title. 1 at the same time as to whether the foreclosure can be continued beyond the measures to be taken for security:

1.

If, in the case of a decision based on a certain amount of money, proof that the decision is final is not conducted, the Higher Regional Court shall order that the enforcement shall not be carried out until after the presentation of a Norwegian Right-of-force certificate and translation (Article 14 (1) (2) and (6) and (2) of the Treaty) may take place unrestricted.

2.

If the proof that the decision is final is conducted or if the title is a judicial settlement, the Oberlandesgericht shall order that the enforcement shall take place unrestricted.

(2) § 22 (2) and (3) shall remain unaffected. Unofficial table of contents

Section 41 deviations from § 23

(1) The enforcement of the title, which is provided by the official officer of the office of the District Court with the enforcement clause, shall continue, at the request of the holder, beyond the provisions of the safeguard clause, even beyond the provisions of the safeguard clause (Article 23 (1)); if a court order pursuant to Section 40 (1) (1) or § 22 (2) and (3) is submitted and the conditions specified therein are fulfilled. (2) A testimony pursuant to § 23 (1) shall be the subject of the person entitled to his application by way of derogation from § 23 Point 1 of paragraph 2 only if the pledge has not been received until the date of expiry of the time limit for appeal has submitted a notice of appeal and if:

1.

the beneficiary proves that the decision is final (Article 14 (1) (2) and (6) and (2) of the Treaty) in the case of a decision which is based on a certain amount of money,

2.

the decision does not amount to a specific sum of money, or

3.

the title is a judicial comparison.

Section 23 (2) (2) to (4) shall not apply. (3) § 23 (3) shall remain unaffected. Unofficial table of contents

§ 42 deviations from § 24

By way of derogation from § 24 (1), the foreclosure of the title, to which the official of the office of the Oberlandesgericht (Oberlandesgericht) has granted the enforcement clause, is only within the scope of a court order. in accordance with § 40 or § 22 (2) and (3). There is no need for a special certificate from the office of the office of the office of the office. Unofficial table of contents

Section 43 Folk regulations for the appeal procedure

(1) In addition to the provisions referred to in Article 17 (2), second sentence, the proceedings concerning the appeal are also to be applied in accordance with § § 40 and 42. (2) If the Federal Court of Justice has an order pursuant to paragraph 1 in conjunction with Section 40 (1) (1) (1) (1), the Federal Court of Justice shall apply the law. In the event of a derogation from the third sentence of Article 17 (3), it shall be added that the enforcement shall not go beyond the provisions of the provisions of the security measure. The contents of the additive are determined according to the content of the arrangement. Unofficial table of contents

Section 44 Further special regulations

(1) If the pledge has no domiciliate domiciliate, the District Court, in whose district the pledge has assets, is also responsible for the declaration of enforceability of decisions and court settlements. (2) Is the decision to the performance of a certain sum of money, it is not necessary to provide proof that the decision is final (Article 10 (2) and the second sentence of Article 17 (1) of the Treaty) for the purpose of the enforcement of the enforcement order. (3) Proceedings concerning the plea of the pledge against the authorisation of the Compulsory enforcement shall not apply to § 12 (2). Article 12 (1) applies to the appeal against the admission of enforcement from a judicial settlement. (4) The provisions relating to the determination of the recognition of a decision (§ § 25 and 26) and on the Cancellation or amendment of this determination (§ 29 in conjunction with § 27) shall not apply.

Section 4
Treaty of 20 July 1977 between the Federal Republic of Germany and the State of Israel on the Mutual Recognition and Enforcement of Judgments in Civil and Commercial Matters

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Section 45 deviations from § 22

(1) By way of derogation from Article 22 (1), the Oberlandesgericht (Oberlandesgericht) shall return the plea of the pledge against the admission of the enforcement of the enforcement order or to the appeal of the person entitled to the execution of the enforcement of the title. 1 at the same time as to whether the foreclosure can be continued beyond the measures to be taken for security:

1.

If it is not possible to prove that the decision is final, the Oberlandesgericht shall order that enforcement only after the presentation of an Israeli certificate of legal force in addition to the translation (Article 15 (1) (2) and (7) of the ) may take place unrestricted.

2.

If proof that the decision is final is provided or if the decision is subject to a maintenance obligation, or if the title is a judicial settlement, the Oberlandesgericht shall order that the enforcement of the obligation to execute the decision shall be shall be allowed to take place.

(2) § 22 (2) and (3) shall remain unaffected. Unofficial table of contents

Section 46 deviations from § 23

(1) The enforcement of the title, which is provided by the official officer of the office of the District Court with the enforcement clause, shall continue, at the request of the holder, beyond the provisions of the safeguard clause, even beyond the provisions of the safeguard clause (Article 23 (1)); if a court order pursuant to Section 45 (1) (1) or § 22 (2) and (3) is submitted and the conditions specified therein are fulfilled. (2) A testimony pursuant to § 23 (1) shall be the subject of the person entitled to his application by way of derogation from § 23 Point 1 of paragraph 2 only if the pledge has not been received until the date of expiry of the time limit for appeal has submitted a notice of appeal and if:

1.

the person entitled to prove that the decision is legally binding (Article 21 of the Treaty),

2.

the decision is subject to a maintenance obligation (Article 20 of the Treaty), or

3.

the title is a judicial comparison.

Section 23 (2) (2) to (4) shall not apply. (3) § 23 (3) shall remain unaffected. Unofficial table of contents

Section 47 deviations from § 24

By way of derogation from § 24 (1), the foreclosure of the title, to which the official of the office of the Oberlandesgericht (Oberlandesgericht) has granted the enforcement clause, is only within the scope of a court order. in accordance with § 45 or § 22 (2) and (3). There is no need for a special certificate from the office of the office of the office of the office. Unofficial table of contents

Section 48 Follow-up arrangements for the appeal procedure

(1) In addition to the provisions listed in Article 17 (2), second sentence, the proceedings concerning the appeal shall also apply in accordance with § § 45 and 47. (2) If the Federal Court of Justice has an order pursuant to paragraph 1 in conjunction with Section 45 (1) (1) of the German law. In the event of a derogation from the third sentence of Article 17 (3), it shall be added that the enforcement shall not go beyond the provisions of the provisions of the security measure. The contents of the additive are determined according to the content of the arrangement. Unofficial table of contents

Section 49 Further special regulations

(1) If the resident does not have a domiciliate domiciliate, the District Court, in whose district the pledge has assets, shall also be responsible for the declaration of enforceability of decisions and court settlements. (2) The proceedings concerning § 12 (2) does not apply to the pledge of the pledge against the admission of the enforcement of the enforcement order. Article 12 (1) applies to the complaint which is directed against the authorisation of enforcement from a judicial settlement.

Section 5
(dropped)

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§ § 50 to 54 (omitted)

Section 6
Convention of 30 June October 2007 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters

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Section 55 Derogations from the provisions of the General Part; supplementary regulations

(1) § § 3, 6 (1), § 7 (1) sentence 2 and (2), § 10 (2) and (3) sentence 2, § 11 (1) sentence 2 and (3) sentence 1 and 2, as well as § § 12, 14 and 18, shall not apply. (2) The appeal against the admission of the enforcement is Insert

1.

within one month of service, if the food has its domiciliate domiciliated domicilia;

2.

within two months of service, if the resident has his domiciliated residence abroad.

The period shall begin with the date on which the declaration of enforceable payment has been delivered to the pledge either personally or in his home. An extension of this period due to further removal is excluded. (3) In a procedure which is the subject of the declaration of enforceability of a notarial document, this document may also be declared enforceable by a notary. The provisions relating to the procedure for the declaration of enforceable proceedings by a court of law shall apply mutatily. Unofficial table of contents

Section 56 Special arrangements for the enforcement of the enforcement order

(1) If the enforcement of a title is permitted under a title, the pledged objection against the claim itself may be carried out in a procedure in accordance with Section 767 of the Code of Civil Procedure or, where the title relates to a maintenance matter, in a procedure followed by § 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. If the title is a court decision, this applies only to the extent that the reasons on which the objections are based have not been incurred until after the decision has been taken. (2) The lawsuit pursuant to Section 767 of the Code of Civil Procedure and the Application pursuant to Section 120 (1) of the Law on the Procedure in Family Matters and in the matters of voluntary jurisdiction, in conjunction with Section 767 of the Code of Civil Procedure, must be brought before the Court of First Instance, on the application for the grant of the The enforcement clause has been decided. To the extent that the application has the subject of a maintenance title, the family court is responsible; the provisions of the Law on the Procedure in Family Matters and in the Matters of Volunteers shall apply to the local jurisdiction. Jurisdiction for maintenance matters. Unofficial table of contents

Section 57 Certificates on domestic titles

The certificates referred to in Articles 54, 57 and 58 of the Convention of 30 June 1990. The Court of Justice, the Authority or the person with public faith shall issue an opinion on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters on the basis of which the grant of the an enforceable copy of the title. As far as the courts are responsible for issuing the certificate, the courts shall be issued by the court of the first legal proceedings and, if the proceedings are pending before a higher court, by that court. The body responsible for the issue of an enforceable copy of the title shall be the responsibility of the office. The rules on the validity of the decision to issue the enforcement clause shall apply mutationally to the validity of the decision on the issue of the certificate.