Federal Power Law

Original Language Title: Bundesleistungsgesetz

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Unlimited Searches
Weekly Updates on New Laws
Access to 5,345,848 Global Laws from 110 Countries
View the Original Law Side-by-Side with the Translation

Subscribe Now for only USD$40 per month.

Federal Power Law

Unofficial table of contents

BLG

Date of completion: 19.10.1956

Full quote:

" Federal power law in the adjusted version published in the Federal Law Gazette, Part III, outline number 54-1, the latest by Article 5 of the Law of 11 August 2009 (BGBl. 2723). "

Status:

Last amended by Art. 5 G v. 11.8.2009 I 2723

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1982 + + +)

Validity in Saarland cf. § 3 An. VI No. 1 G v. 30.6.1959 101-3; the articles cited therein § § 84, 85 and others 88 BLG aF now § § 88, 89 u. 92 Unofficial table of contents

Content Summary

	Basic rule		§ 1
PART ONE
The benefits
	First section:	General provisions	§ § 2 to 10
	Second section:	Legal effects of the performance requirement	§ § 11 to 14
	Third section:	Obligation to provide information	§ 15
	Fourth section:	Performance Preparations	§ 16
	Fifth section:	Obligations of the parties	§ § 17 to 19
	Sixth section:	The distraction	§ § 20 to 33
	Seventh section:	Statute of limitations	Section 34
PART TWO
Procedure
	First section:	Implementation of the request	§ § 35 to 48
	Second section:	Determination of compensation and replacement	§ § 49 to 65
PART THREE
	Maneuvers and other exercises		§ § 66 to 83
FOURTH PART
	Fines and penalties		§ § 84 to 86
FIFTH PART
	Transitional and final provisions		§ § 87 to 97

Basic rule

Unofficial table of contents

§ 1

(1) Services may be requested

1.: in order to avert an imminent threat to the stock or to the free democratic constitutional order of the Federal Government or of a country, or to avert or eliminate a public order disorder which is dangerous to the security of the borders, in the Border area;
2.: for the purposes of defence, in particular for the purpose of wasting a danger from outside the stock of the Federal Government, either directly or indirectly, within the framework of its classification, into a system of mutual collective security;
3.: for the fulfilment of the obligations of the Federal Government from intergovernmental treaties on the deployment and legal status of armed forces of foreign states in the Federal Republic of Germany;
4.: for the accommodation of persons or the transfer of establishments and public establishments which is necessary for the use of land for the purposes of points 1 to 3.

(2) The powers provided for in Article 5 (2) and (38) may not be used except in the case of defence unless the Federal Government has established that this is intended to expedite the production of the Federal Republic's readiness for defence. is necessary. The Federal Government has to lift the determination if the conditions for this are not fulfilled or if the Bundestag and the Bundesrat demand it.

Part one
The benefits

First section
General provisions

Unofficial table of contents

§ 2

(1) Services may be requested

1.: the release of movable property for use, for use or for other use;
2.: the transfer of movable property to the property, provided that the consumption, long-term use or implementation of substantial changes or the assumption of substantial expenditure is likely to be incurred;
3.: the omission of radio equipment for use or use and the omission of its use;
4.: the transfer of telephone and telephone subscriber equipment for use or use within the framework of the existing contractual relationships with undertakings providing telecommunications services;
5.: the omission of construction installations or parts of buildings, unfinished land or open spaces of built-up land for temporary use, use or other temporary use;
6.: the omission of the use, use, other use or alteration of movable and immovable property;
7.: any installation, modification or recovery of movable and immovable property, in so far as its acceptance is to be granted to the person responsible for the performance of the goods, and the culpation of such measures;
8.: the culling of effects on movable and immovable property;
9.: Works services, in particular maintenance services, as well as catering services, insofar as these services are to be carried out in the context of the general business operation of the person liable to pay, as well as the transport services of the owners or owners of means of transport, even if they are not transport undertakings;
10.: the conclusion of contracts for the recurrent or continuous performance referred to in point 9 of this paragraph.

(2) The use of rooms, studios, broadcasting and other technical facilities and facilities of broadcasters for use, use or omission of use is only for the purposes specified in § 1 (1) (1) (1) and (2). only if it is indispensable for the disposal or elimination of the threat or danger referred to in Article 1 (1) (1) or (2). (3) Services referred to in paragraph 1 (1), (3) to (6) and (8) to (10) may only be provided for a specified period of time, namely benefits under point 10 for a maximum period of one year, for the remainder of the year, for a period of two years. The re-request of these services also following the previous requirement is permissible, but only once in the case of point 5. In the case of the granting of a provision (§ 36 para. 3) and during the defense case or after a determination of the federal government pursuant to § 1 para. 2, the sentences 1 and 2 shall not apply. Unofficial table of contents

§ 3

(1) Services may be requested only if the need cannot be met in any other way, or not in good time, or only with disproportionate means. The requirement must be limited to the essential level. (2) Services may not be requested if they can be ordered according to other statutory authorisations. (3) In all requirements, the interests of the general public and the general public are not required. of the parties concerned. In doing so, the performance of the German economy should be appropriately taken into account. The Federal Government, with the consent of the Federal Council, regulates, with the consent of the Federal Council, how competent authorities of the commercial economy are to be involved in the procedure for the granting of performance assessments when economic enterprises are , will be required. Cultural property must not be compromised. (4) Living rooms, which are necessary for the essential housing needs of the owner and the persons belonging to his household, may only be requested if sufficient other accommodation is required. (5) profit-making, manufacturing and trading companies, as well as repair and cleaning operations (shipyards) may not be requested. Matters which are indispensable for the continuation of such operations may only be requested if this is necessary for the purposes of defence. (6) All requirements shall be designed and implemented in such a way that none of the requirements shall be met. Concerned avoidable disadvantages arise. The life needs of the person concerned must be guaranteed. Unofficial table of contents

§ 4

(1) All natural and legal persons, as well as associations of persons within and outside the territory of the Federal Republic of Germany, shall be entitled to receive benefits in respect of property situated in the Federal Republic of Germany. If seagoing vessels carrying the flag of the Federal Republic of Germany, inland waterway vessels which are registered in a register of ships of the Federal Republic of Germany, or aircraft registered in the Federal Republic of Germany's aircraft, they may also be: when the ship or aircraft is located outside the territory of the Federal Republic of Germany. (2) Services cannot be used

1.: foreign nationals, to the extent that they are exempt from the provisions of national law or recognised rules of international law;
2.: The Confederation, the Länder, the municipalities, the municipal associations and other legal persons under public law and their associations with regard to the matters and rights which are indispensable for the performance of their administrative activities;
3.: parties represented in the Bundestag or in the national representation of a country, as well as trade unions and employers ' associations, on the grounds of the property and rights which are essential to their administrative activities;
4.: churches and other public-law religious communities, as well as their associations with regard to matters and rights, which serve ecclesiastic tasks or are indispensable for the performance of their administrative activities;
5.: transport undertakings subject to a legal obligation to operate and to carry, with regard to the means of transport, installations, facilities and buildings essential to the maintenance of vital transport;
6.: public supply of electricity, gas and water, and the disposal of water, with regard to the goods and rights which are essential to the performance of their duties, including the protected areas concerned;
7.: other vital companies, insofar as the performance of their duties is significantly affected by the performance, according to the approximate provision of a legal regulation of the Federal Government, which requires the approval of the Bundesrat.

(3) Where buildings or movable property serve non-profit, religious, charitable or educational tasks or teaching or research, they shall only be used for the purpose of eliminating or eliminating a danger or disturbance within the meaning of § 1 1 (1) or for the purposes of defence within the meaning of Section 1 (1) (2); the same shall apply with regard to the buildings and movable property directly serving the tasks of the social security institutions and their associations. Hospitals, home and care institutions or other health care facilities shall also be requested only for the purposes set out in the first sentence. Unofficial table of contents

§ 5

(1) Services can only be requested by authorities which are determined by the Federal Government's legal regulation with the consent of the Federal Council (request authorities). Federal authorities may also be appointed to request authorities. (2) In the event of a defence or a statement by the Federal Government pursuant to Section 1 (2), the authorities of the Federal Armed Forces Administration are responsible for the requirements of the Federal Government as a request authority. Requirement of the following items and services, to the extent that they are needed for the production and maintenance of the armed forces ' readiness to use:

1.: Weapons and ammunition other than hunting and ornamentals;
2.: Zelte;
3.: other equipment and equipment for troops;
4.: Motor vehicles and accessories, other means of transport other than sea and inland waterway vessels, sea fishing vessels, aircraft and trams, as well as handling equipment and equipment for motor vehicles and the above-mentioned other vehicles Transport;
5.: optical apparatus and telecommunications equipment, other than those referred to in Article 2 (1) (3) and (2) (2), and equipment;
6.: power generating installations (emergency power units), in so far as they are not an essential component of a land;
7.: tools, equipment and machinery necessary for the repair and maintenance of the items referred to in points 1 to 6, including the accessories and spare parts for the above-mentioned items;
8.: fuel and fuel;
9.: construction materials, construction aids, tools, equipment and machinery for the manufacture or re-establishment of buildings, transport routes and other equipment, including spare parts and accessories required for this purpose;
10.: Services referred to in Article 2 (1) (4) to (10), but only in so far as they are carried out with motor vehicles and the other means of transport referred to in point 4.

(3) The requirements referred to in paragraph 2 shall be carried out in consultation with the authorities responsible for the requirements of such goods and services in accordance with the legal regulation to be adopted pursuant to paragraph 1. (4) For the requirements referred to in paragraph 2, The authorities of the Bundeswehr administration must take into account the needs for other defence-related tasks and for the protection of the civilian population. Unofficial table of contents

§ 6

(1) Oblies the execution of this law requirements authorities of the countries, they act on behalf of the federal government, insofar as the law of the defence, including the protection of the civilian population, serves. In addition, the Federal Government may grant individual instructions if and to the extent that the requirement for performance or the determination of compensation or replacement services requires a uniform or scheduled handling of the law enforcement. (2) Request authorities, which are not state authorities, act on the basis of a government contract with the contracting authority. The administrative costs of the municipalities and the municipal associations are reimbursed by the country. Unofficial table of contents

§ 7

(1) The requirements authorities shall, as a rule, request the services at the request of the needs authorities. The application shall indicate the reason for the requirement, type and extent of the needs to be covered by the requirement and the timing of the performance of the service. (2) The requirements are subject to the consent of the Federal Government with the consent of the Federal Government. of the Federal Council. Authorisation to adopt the Regulation may be delegated to the State Governments. Unofficial table of contents

§ 8

(1) The recipient is the holder of the demand, in the cases of § 1 (1) (3) of the foreign state, for whose armed forces the service is requested. (2) Construction plants or parts of construction plants, household appliances, means of transport, or For the purposes of Article 2 (1) (1), (1), (5) and (9), transport services for the purposes referred to in § 1 (1) (1), (2), (2) and (4) may be determined by the requesting authority as a nominee to whom the above-mentioned items of request are To be used or for which the transport services are to be provided. Sentence 1 shall apply in accordance with the requirement of means of transport pursuant to Section 2 (1) (2) of the Act. Unofficial table of contents

§ 9

(1) Performance subject is

1.: in the case of requirements pursuant to § 2 (1) (1) and (3) to (5), who exercises the actual violence on the matter;
2.: in the case of requirements pursuant to § 2 (1) (2) and (8) of the owner of the
3.: in the case of the requirements laid down in § 2 (1) no. 6, the person entitled to a right or a personal right entitled to use, to use or to use the object;
4.: in the case of requirements pursuant to § 2 (1) (7), the owner of the goods or the bearer of the construction and maintenance load for the transport facilities;
5.: in the case of the requirements laid down in § 2 (1) (9), the owner of the holding and the owner or owner of the transport undertaking or the means of transport;
6.: in the case of requirements pursuant to § 2 para. 1 no. 10, who is to be obliged by the contract.

(2) In individual cases, the person liable to pay shall be determined by the requirements authority in accordance with the provisions of paragraph 1. The requirement authority shall leave the determination of the individual benefits of a municipality or of a community association, if a majority of similar services are to be provided in the district and the transfer is to be carried out in order to speed up the Request is required. Unofficial table of contents

§ 10

(1) The owner may request a request in accordance with § 2 (1) no. 2 if a requirement pursuant to § 2 para. 1 no. 1 has been made and the service cannot be attributed to him for use, for use or for other use. The same shall apply if, as a result of measures pursuant to § 2 (1) No. 6 to 8, the case can no longer be used in its previous or in another manner which can reasonably be expected to be subject to the performance of the case. The authority remains responsible for the original requirement. (2) The owner of a building or property may require the deprivation of the property in accordance with the specific legal provisions in force if he or she is responsible for the May not be used for use, for use or for other use beyond the duration of the first requirement. (3) Any person entitled to use a cause may object to the request of part of this item for use, use or other use and may require the request of the whole thing if its (4) The owner may object to the request of part of the property to property and the requirement to demand property for the whole thing, if the other part does not for him or only would have a disproportionately low value.

Second section
Legal effects of the performance requirement

Unofficial table of contents

§ 11

A requirement in accordance with § 2 (1) no. 1 and 3 to 6 does not result in the erasing of legal relationships which entitle the person liable to pay to third parties for the purpose of using the object. However, the person liable to pay shall be exempted from the obligation to perform recurring benefits from a rental or lease relationship as long as he/she is fully deprived of the use of the goods by the requirement. Unofficial table of contents

§ 12

In the event of a request pursuant to § 2 (1) Nos. 1, 3 to 5, 7 and 8, those who are not liable shall not exercise any right to use the goods in so far as they would be contrary to the rights of the recipient of the benefits. § 11 shall apply mutatily. Unofficial table of contents

§ 13

(1) On the basis of a requirement pursuant to section 2 (1) no. 2, the person liable to pay shall issue the requested item to the nominee. If another person exercises the actual force on the matter, he/she shall also be obliged to hand it out. (2) The nominee shall acquire the ownership of a consumable item as soon as he or she gets into possession of the goods on the basis of the requirement. If the nominee was already in possession of the goods before the notification of benefit has been delivered, he acquires the property only with the delivery. (3) If a non-consumable thing is requested, the nominee shall acquire the Ownership of the goods as soon as the notification of benefit has become unquestionable in relation to the persons entitled to challenge, to whom it has been served. The acquisition of property does not occur as long as the beneficiary has not acquired the possession of the goods. (4) If items are requested from a stock, the person responsible for the performance of the item shall, in the case of a medium-sized and goodwill, select from the supply of goods and services. to issue. The second sentence of paragraph 1 shall apply mutagenically. (5) With the acquisition of title in accordance with paragraph 2 or 3, the previous rights to the requested object and to the personal rights which entitle the property to the possession or use of the object shall be extinguisher. In the case referred to in paragraph 3, the following shall apply mutagenically, to the acquisition of the benefit of the beneficiary of the benefits, § 11. Unofficial table of contents

§ 14

The declaration of performance on the basis of a requirement in accordance with § 2 (1) No. 10 shall be deemed to be binding contract offer of the person liable to pay. An acceptance of the offer shall be immediately communicated to the nominee to the person liable to pay the offer.

Third Section
Obligation to provide information

Unofficial table of contents

§ 15

(1) All natural and legal persons, persons ' associations, authorities and entities shall, in so far as they are not subject to a legal obligation of confidentiality, shall, at the request of the requesting authorities, all to implement this law to provide the necessary information and to submit the existing documents. The obligation to provide information and to make a reference also extends to planning for the production or modification of objects for which a need is established which is to be covered by this law. (2) The requirements authorities may also have the following information: The performance of animals, means of transport, machines and equipment of all kinds at a place to be determined by them, as well as the dung of the inspection of installations and objects which are to be requested under this law. For this purpose, the parties responsible for providing information shall have the right to enter land and vehicles. (3) The information providers may refuse to provide information on such questions, the answers to which they themselves or one of the questions referred to in § 383 (1) (1) to (1) to Article 3 of the Code of Civil Procedure would expose persons to the risk of criminal prosecution or proceedings under the law on administrative offences. (4) The knowledge and documents obtained pursuant to paragraphs 1 and 2 shall be subject to § § § § § § § § § § § § § § § § § § § § § § § § § § § § 93, 97, 105 (1), § 111 (5) in conjunction with Section 105 (1) and Section 116 (1) of the Tax Code not applicable. This shall not apply in so far as the financial authorities require the knowledge required for the implementation of a procedure on the basis of a tax offence and of a related taxation procedure, in the pursuit of which a compelling public interest , or in the case of intentionally incorrect information from the party responsible for information or the persons working for him.

Fourth Section
Performance Preparations

Unofficial table of contents

§ 16

(1) The person liable for the performance shall be obliged to conduct acts, dulsions and omissions which are necessary for the regular preparation of the service. (2) The request for the preparation of the performance shall be ineffective if not within three months a Requirement pursuant to § 2. (3) Request authority for the preparation of the performance is the authority responsible for the request of the service.

Fifth Section
Obligations of the parties

Unofficial table of contents

§ 17

(1) On the basis of the requirement, the person liable to perform the requested service shall have the required performance in good time, duly and fully effective. If no time or period for the performance is determined, it must be provided immediately. (2) The person liable to pay does not fulfil the obligations imposed on him by the beneficiary, he shall inform the recipient of the obligation. shall be replaced by the resulting damage, unless it is not responsible for the non-compliance with the provisions of the civil law in the sense that it is appropriate. In the event of defects of a requested item, such a substitute obligation can only be derived if the person liable for the performance has concealed the defect fraudulently. (3) The person liable for the performance shall have a right to perform the performance up to the performance of the person responsible for the performance. (4) If the nominee has made use of a matter requested for use, he may, for this purpose, replace it with the appropriate application of § 536a para. 2 no. 2, § 539 para. 1 of the Civil Code Legislative book. The claim shall be directed against the person liable to pay; if he is not the owner, the claim shall be directed against the owner, unless the expenses incurred in the relationship between the owner and the person liable for the performance of the person liable for the performance of the service are: (5) The nominee shall be entitled and, at the request of the person liable to pay, shall be obliged to take away a body with which he has provided the object. In the event of removal, he/she shall be obliged to put the case at its own expense. Section 258, second sentence, of the Civil Code shall apply mutatily. Unofficial table of contents

§ 18

(1) The beneficiary is obliged to accept the service and to confirm to the person liable for payment in writing. (2) In the event of a request pursuant to § 2 (1) No. 1 and 3 to 5, the beneficiary is to be returned to the goods. the person liable to pay after the expiry of the time limit specified for the use, use or the other use, or at the end of the request. If the nominee is aware that the person liable to pay is not entitled to possession of the goods, the beneficiary may, by issuing it to the requesting authority, free himself from this obligation. The requirement authority shall issue the case to the person entitled to the possession. (3) The obligations of the beneficiary to pay compensation or compensation for the service received shall be determined in accordance with the rules of the Sixth section. Unofficial table of contents

§ 19

The provisions of § 17 (1) and (2) on the obligations of the person liable to pay shall apply mutas to the person liable to be sent out in accordance with § 13 (1) sentence 2. It shall also be confirmed in writing to the receipt of the service.

Sixth Section
The distraction

Unofficial table of contents

§ 20

(1) In the event of the requirement of Article 2 (1) (1) (1) and (3) to (8), the beneficiary must pay compensation, which is determined in accordance with the standard rate of remuneration for comparable services in the field of economic transport. If there is a lack of comparable services or if there is no need to determine a normal remuneration, the compensation shall be determined with a fair balance between the interests of the general public and the parties concerned. The compensation shall be granted for the period up to the return of the requested item or, if the return of the requested item becomes impossible, until the occurrence of the circumstance which results in the impossibility of return; for requirements in accordance with section 2 (1) nos. 6 to 8, the date on which the date of return is to be returned shall be the date in which the obligation to dismiss or to duldung is omitted. In the case of the requirement of § 2 para. 1 no. 2, the beneficiary has to pay compensation for the loss of the property, which is based on the common interest of the person who is responsible for the loss of property. the value of the goods at the time when he acquires ownership of the goods. If the beneficiary does not acquire the ownership of the property at the same time, the condition of the item is decisive at the time of the acquisition of the property; if it was already in possession of the goods before the performance certificate was delivered, then the date of the to be based on delivery. Insofar as the case is deemed to have been requested for use or for other use in accordance with Section 13 (3) sentence 3, compensation shall be paid for this under the appropriate application of paragraph 1. (3) In the assessment of the compensation, defects of the item are only to be found shall be taken into account if the beneficiary has indicated the deficiencies in due time to the person responsible for the performance. A notification shall be made in good time if, in the event of defects which were discernable at the time of the release, they have been displayed within two weeks since the release, in the case of other defects within two weeks since the discovery, but at the latest within six months. has been carried out since the release. In order to meet the deadline, it is sufficient to send the advertisement in time. Unofficial table of contents

Section 21

In the case of assets which are not already covered by the compensation in accordance with § 20, the beneficiary must pay compensation which is to be determined in a fair balance between the interests of the general public and the parties concerned. Compensation shall be paid for lost profit and for other assets which are not directly related to the withdrawal of the use, if and to the extent that this is offered for the purpose of wasting or compensating for unreasonable hardship appears. The usual removal costs are to be replaced in each case. Unofficial table of contents

Section 22

(1) In the event of a requirement pursuant to section 2 (1) no. 9, the beneficiary must pay compensation, which is determined according to the charges and tariffs customary in the commercial transactions for comparable services. (2) In the case of a requirement pursuant to § § 9 (9) of the German Code of Remuneration (1). In the case of benefits provided under the contract, the beneficiary shall pay a compensation to be measured in accordance with paragraph 1, provided that the remuneration is not agreed. Unofficial table of contents

Section 23

(1) The compensation according to § 20 may require

1.: for the services referred to in § 2 (1) (1), (5), (6) and (8) of the owners; the compensation shall be granted to the lessee or tenant if he is not exempted from the obligation to perform recurring benefits pursuant to § 11 sentence 2;
2.: for the services referred to in § 2 (1) (3) and (4) of the beneficiaries;
3.: for services according to § 2 para. 1 no. 2 and 7 of the owners.

(2) Compensation in accordance with § 21 may require the owner, other persons entitled to use the goods for use, entitled to service, and those who have the object on the basis of a personal right. (3) The compensation according to § 22 may be (4) Dinglich on the matter beneficiaries who are affected by the requirement in their rights are subject, in accordance with the provisions of Articles 52, 53 and 53a of the Introductory Act to the Civil Code, to the compensation of the Owner in accordance with § 20. Unofficial table of contents

§ 24

In the case of performance preparations (§ 16) as well as for damages arising as a result of a seizure (§ 45), an appropriate compensation must be paid to the service liable. Unofficial table of contents

Section 25

In the event of a requirement pursuant to section 2 (1) (7), the owner shall be required to make an appropriate advance for his special expenses, which are necessary for the implementation of these measures. This applies analogously in the case of § 16 (1). Unofficial table of contents

Section 26

(1) If the beneficiary cannot return a requested item to which he is obliged to return, or if he returns it in a deteriorated or damaged condition, he shall have to pay the owner compensation. (2) May not the case , the amount of the replacement performance shall be determined according to the common value of the item at the time of the due date of the return claim (§ 18 para. 2 sentence 1). A reduction in the value, which exceeds the normal wear, is not taken into account in the calculation. (3) If the item is returned in a deteriorated or damaged condition, the amount of the value of the Replacement performance in accordance with the costs required for proper repair. In the case of dimensioning, a reduction in value which cannot be remedied by the repair is to be taken into account. The amount of the replacement performance shall not exceed the mean value which the object would have had without the deterioration or damage at the time of return. (4) For the ordinary wear of the matter during the time, for the compensation (5) A replacement by production in nature cannot be required. (6) § 23 (4) applies mutaly to the substitute performance. (7) If a requested item can be returned in whole or in part, it may be will not be re-used as soon as damage to it will have to be remedied, the To compensate beneficiaries for the resulting loss of assets in accordance with § 21 of the compensation. Unofficial table of contents

§ 27

If the requirements authority has determined a person other than a person in need of the benefit (Section 8 (2)), the recipient of the benefits shall only be required to pay compensation in accordance with Section 26 (1) if a replacement obligation is required in the event of a reasonable application of the provisions. of civil law. Unofficial table of contents

§ 28

(1) damage to the body and health, damage caused by loss, damage or deterioration other than the goods requested, as well as liability damages, which the person liable to pay, his or her vicarious agents or the person referred to in § 13 (1) sentence 2 In the cases of § 8 (2) of the needs-holders, the nominee shall, in the cases of § 8 (2) of the needs, appropriately replace the injured party as a result of the performance of a service based on the requirement, to the extent that this does not in any other way (2) § § § 843 to 846 of the German law Bourgeois Code of Law. The provisions of § 26 (2), (3) and (5) shall apply mutagens in the calculation of the replacement for property damage. (3) In accordance with paragraph 1, the replacement obligation shall be combined with a replacement obligation on the basis of a negligent breach of the obligation to pay the compensation, the following shall be: In accordance with Section 839 (1) of the Civil Code, it is not ruled out that the conditions set out in paragraph 1 are fulfilled.

Footnote

§ 28 (3): Aufgeh. by § 34 (1) sentence 2 no. 7 G v. 26.6.1981 I 553, gem. BVerfGE v. 19.10.1982 I 1493 incompatible with Art. 70 GG and therefore null Unofficial table of contents

§ 29

(1) If the compensation or compensation is not paid within one month of agreement (§ 51) or fixing, in the case of recurring benefits not within one month of the due date resulting from the agreement or fixing, it shall be galvanissed from that date to two of the hundred above the respective base interest rate in accordance with Article 247 of the Civil Code. This shall not apply to the extent to which the person entitled to compensation or replacement is subject to the delay in payment. In so far as the person entitled to compensation or compensation has received advance payments, the obligation to pay interest shall not be required. (2) The agreement or the fixing shall not be determined within three months after the performance of the service or the The maturity of the replacement claim in the cases of § § 26, 27 and 28, the interest referred to in paragraph 1 shall be payable from that date on. Unofficial table of contents

§ 30

In the cases of § § 26 and 28, the recipient of the compensation shall be obliged to provide compensation only against the assignment of the claims, which are the subject of the event, on which the compensation of the beneficiary is based, against other persons. To stand for people. In the case of § 26, this does not apply to claims arising from an insurance relationship. Unofficial table of contents

Section 31

To the extent that price rules exist, they shall be subject to the assessment of compensation and replacement. Unofficial table of contents

Section 32

(1) Compensation in accordance with § § 20 to 22 and 24 as well as a substitute performance in accordance with § § 26 and 27 shall not be paid, insofar as a compensation or substitute is entitled to an asset benefit as a result of the request. (2) Has in the cases of § § § § § § § § § § § § § § § § § § § § § § § § 21 and 26 to 28, in the course of the occurrence of the damage, a fault of the compensation or substitutes is involved, § 254 of the Civil Code shall apply mutagenously. (3) A duty to replace the compensation in accordance with § § 26 to 28 does not exist if the Damage would also have occurred without the request. Unofficial table of contents

§ 33

(1) If the requirements authority has determined a person other than a person in need of the benefit (Section 8 (2)) and does not fulfil his liabilities within three weeks since its due date, he shall be liable for the fulfilment of these obligations. However, in the case of § 27, it shall only be liable in accordance with § 26. (2) Insofar as the beneficiary is not obliged to replace it in accordance with § 27, the replacement obligation provided for in § 26 shall meet the needs. (3) Insofar as the If required, the person entitled to compensation or a replacement shall be satisfied in accordance with paragraph 1. Claims against the nominee on the demand carrier over. The transition cannot be claimed to the detriment of the beneficiary. (4) In the case referred to in paragraph 2, § 30 shall apply mutatiously.

Seventh Section
Statute of limitations

Unofficial table of contents

Section 34

(1) Payment entitlements established pursuant to this Act shall be subject to payment of payment in four years. The limitation period shall begin with the end of the year in which the claim is made. § § 202 to 225 of the Civil Code shall apply mutaficily; the legal action (Section 209 of the Civil Code) shall be the same as the filing of the application to the requirements authority. (2) The limitation of the statute of other reasons according to this Act shall be valid. The provisions of the Civil Code shall apply. (3) The provisions concerning the loss of claims under Article 8 (6) of the Financial Treaty and Articles 6 and 7 of the Law of 18 August 1961 on the NATO troop statute and on the additional agreements (Bundesgesetzbl. II p. 1183) shall remain unaffected.

Part two
Procedure

First section
Implementation of the request

Unofficial table of contents

§ 35

Services are requested by the request authority by means of a power certificate. Unofficial table of contents

§ 36

(1) The notification of performance shall be subject to the written form. In it, the reason for the requirement, the requirements authority, the subject matter and the date of the service, the requirements carrier, the person responsible for the service and the nominee must be designated. (2) The notification of benefit may also be conditional, (3) If the date of the service has not yet been determined in the case of the requirement for the purposes specified in § 1 (1) (1) to (3), the notice of benefit may also be taken in the form that the provision of the date of the performance of a later notification is reserved (Provisioning notification). For the goods and services referred to in section 5 (2), the authorities of the Bundeswehr administration may adopt the provision of a provision before the entry of the defense case or prior to a statement by the federal government pursuant to § 1 (2). This provision shall be made in agreement with the competent authorities in accordance with § 5 (1). (4) The disposal or other disposal of the subject-matter concerned shall not be prevented by the notification of the provision; the However, the requirement authority may be required to indicate the disposal or disposal of the request authority. (5) The request authority shall be obliged to refer to the statutory basis of the request in the notification of performance. It must issue a legal instruction. Unofficial table of contents

Section 37

(1) The declaration of benefit must be granted to the person liable to pay (§ 9). (2) If a declaration of performance relating to a requirement pursuant to section 2 (1) no. 2, 7 and 8 relates to the person liable to pay the performance, or not, it may not, or may not, without a purpose which would jeopardise its purpose. In the event of a delay, it may be served to the person who exercises the actual force on the matter. If delivery does not take place to the person liable for the service, he shall be notified immediately by sending a copy. (3) Under the conditions set out in paragraph 2, a notice of performance may be taken, which may be based on a request according to § 2 (1) No 9 shall not be served to the person liable for the performance of his duties, he may, if he or she has the right to do so, his deputy or the head of a transport undertaking and, if the conditions are fulfilled, he may not be served on the person liable for the performance of the service. (4) In the cases referred to in paragraphs 2 and 3 shall have the same legal effects as if the performance notice were delivered to the person liable to pay. (5) The notice of performance shall also be served to all persons known to the requesting authority, which shall be notified by the request in will be affected by their rights. Unofficial table of contents

§ 38

If, in the event of defence or following a determination of the Federal Government pursuant to § 1 (2), a means of transport is to be requested in accordance with § 2 (1) no. 1 and the performance notification may not, or may not, be required for the benefit of the service without a If a delay endangling the request is delivered, the service may be sent to the persons referred to in § 37 (3) or-if the service to these persons would be unenforceable for the same reasons-to the leader of the transport means , Under the same conditions, service to the guide of the means of transport shall also be permitted in the case of the request for transport services pursuant to § 2 (1) No. 9, provided that the execution of transport services is part of the commercial operation or the vehicle is to work on the work. The second sentence of Article 37 (2), (4) and (5) applies accordingly. Unofficial table of contents

§ 39

At the request of the demand carrier, the requirement authority shall order the immediate enforcement of the performance modest. In this case, the opposition authority may not suspend the enforcement. Unofficial table of contents

§ 40

Preparation of performance according to § 16 shall be requested in writing. Unofficial table of contents

Section 41

In order to secure proof of proof, where appropriate and under the circumstances, the condition of a requested item is to be determined and valued at the request of the parties by experts. A minutes shall be recorded which shall be sent to the parties concerned. Unofficial table of contents

§ 42

Where the person liable to pay offers the beneficiary on reasonable terms the conclusion of a legal transaction on the basis of which the requested service is to be provided, and the performance of the legal transaction appears to be sufficient , the notification of benefit shall be cancelled if the beneficiary refuses to complete the legal transaction without any legitimate reason. Unofficial table of contents

Section 43

(1) In case the requirements of the requirement are met, the requirements authority shall:

1.: to order the termination of the request, upon request by the beneficiary or the person entitled to compensation, on the request of the services referred to in § 2 (1) (1) and (3) to (8);
2.: in the event of a request for benefits pursuant to section 2 (1) (2), an order must be issued at the request of the person liable to pay, by virtue of which he/she shall recover the property on the requested item, provided that the property is still owned and owned by the if the performance is not required for the purposes specified in the public interest statement, unless the performance is urgently needed in the public interest for another of the purposes specified in section 1 (1). A change in the purpose of the requested service within the scope of § 1 para. 1 shall be excluded if it would lead to an unreasonable hardship for the person liable to pay;
3.: in the event of a request for benefits pursuant to section 2 (1) (9), the obligation to release the service from the provision of further services at the request of the person liable to pay;
4.: in the event of a request for benefits pursuant to section 2 (1) (10), at the request of the service liable, the right to terminate the contract shall be granted.

Where accommodation is requested, it shall be examined, at intervals of not more than six months from the date on which the service is served, whether the requirements of the requirement are still available. (2) arrangements as referred to in paragraph 1 shall be entitled, in the case referred to in paragraph 1 (1), to the nominee and the person liable to pay the person liable for compensation to the person entitled to compensation. They shall become effective as soon as they become unquestionable. (3) In the cases referred to in paragraph 1 (2), the rules applicable to the requirement of a property shall apply in accordance with the applicable rules. The amount of compensation to be paid to the beneficiary shall be based on the amount of the compensation paid on the basis of the requirement laid down in section 20 (2). A change in the value of the substance, which has occurred in the meantime, must be taken into account. Unofficial table of contents

Section 44

(1) The provisions of the Administrative Enforcement Act of 27 April 1953 (Federal Law Gazette) shall be subject to the enforcement of acts, acts or omissions which are requested under this Act. 157) should be applied accordingly. The administrative force must not be applied to beneficiaries who are the requirements for the administration. (2) The law enforcement authority is the requirement authority or the authority which is determined by the state government. The law enforcement authority may take advantage of the administrative assistance of other authorities. Unofficial table of contents

§ 45

(1) The request authority may order the seizure of the item to which a power decision to be issued is to be made in order to ensure a performance to be requested. The seizure becomes effective with the delivery of the order to the person who would be more liable to a service in the event of a request. (2) The seizure has the effect that legal transactions relating to the seized matter are ineffective in so far as they are shall be contrary to the requirements to be met; nor shall any substantial changes to the case be carried out without the authorisation of the requesting authority. The legal transactions in this sense shall also be the same in the course of the execution of the execution or the execution of the Arrest. (3) Seizure shall be ineffective if the performance is not requested within two months. Unofficial table of contents

Section 46

(dropped) Unofficial table of contents

§ 47

The provisions of the Administrative Appointing Act shall apply to the deliveries by the managing authority in accordance with this Act, subject to the following conditions:

1.: In urgent cases, if service is not possible in accordance with § § 3 to 5 of the Administrative Delivery Act, delivery may be effected by written or telewritten notice or-without the conditions for a public Delivery in accordance with § 15 of the Administrative Appointing Act shall be required-by public announcement in the press, in broadcasting or in any other customary and appropriate manner. In such cases, the notification shall be deemed to have been effected with the day following the announcement, unless the person concerned has made it credible that the announcement has not been made or has only come to its knowledge at a later date.
2.: Deliveries to the guides of seagoing vessels, inland waterway vessels and aircraft may also be made by radio lotion. A copy of the certificate shall be submitted at the same time to the owner or owner who is liable to pay.

Unofficial table of contents

§ 48

(1) The proceedings before the administrative authorities shall be free of charge. However, deposits may be imposed on the person liable to the benefit in so far as he has caused them by gross negligence. (2) Deposits which have been incurred by the person liable for the performance shall be reimbursed to him if he/she is responsible for the His application was deemed necessary and his application proved to be well founded.

Second section
Determination of compensation and replacement

Unofficial table of contents

§ 49

Compensation and replacement shall be determined by the requirements authorities. Unofficial table of contents

§ 50

Anyone who claims to be entitled to compensation or compensation shall declare to the requesting authority in writing or in writing whether and which other persons, according to his or her knowledge, have a right to claim compensation or compensation. or to assert. The declaration shall be sent to the payer and to the persons designated as authorised persons. Unofficial table of contents

Section 51

(1) Before fixing the compensation or the replacement performance, the request authority shall, by means of a proposal, work towards an amicable agreement between the parties concerned. (2) If an agreement is reached, the requesting authority shall deliver it to the parties and to the interested parties a certified copy of the document. (3) In the event that an agreement is not reached, the requirement authority shall determine the amount of the compensation or the replacement performance after giving the parties an opportunity to comment. (4) The determination shall be made by written communication, in which the requirement authority, the payer, the the number of beneficiaries, the reasons for the decision and the legal remedies allowed. (5) In the case of the request authority, if the person of the payee is unsure, it must order that the amount of money to be paid as compensation or replacement shall be waiver of the right of the person to whom the person concerned is entitled to pay. Withdrawal must be filed. Unofficial table of contents

Section 52

(1) The minutes of the agreement in accordance with section 51 (2) shall be enforceable after service to the parties. The notice of arrest in accordance with section 51 (3) shall be enforceable to the parties if he has become indisputable or the court has declared him to be provisionally enforceable. (2) Enforcement shall be governed by the provisions of civil procedure for the enforcement of judgments in civil litigation. The enforceable copy shall be issued by the official of the office of the local court in whose district the authority designated by the fixing procedure shall have its registered office and, if the proceedings are pending before a court of law, of the Civil servants of the office of the Court of First Instance. In the cases of § § 731, 767 to 770, 785, 786, 791 of the Code of Civil Procedure, the District Court, in whose district the authority designated by the Enforcement Proceedings has its registered office, shall replace the court of proceedings. Unofficial table of contents

Section 53

(1) In the event of a requirement pursuant to section 2 (1) (2), the person entitled to compensation has declared to the requesting authority in accordance with § 50 that, as a result of the request, he or she cannot fulfil an obligation to carry out the matter or that he/she does not have the right to In the case of a guarantee, the authority must order that the amount of the compensation shall be deposited without the right of withdrawal. The same shall apply where a third party has notified the authority of rights arising from a legal relationship of the type referred to in the first sentence. (2) The amount deposited shall be replaced by the amount deposited in the relationship between the parties. In addition, the rights to the deposited amount shall be determined in accordance with the legal relationship existing between the parties. Unofficial table of contents

§ 54

(1) By depositing in the cases of § 51 para. 5 and § 53 the payer shall be exempted from his payment obligation. (2) The obligation to deposit pursuant to § 51 para. 5 and § 53 shall not be required, in so far as an agreement of the parties concerned on the payout (3) This shall be without prejudice to any other provisions under which the deposit is required or is subject to statutory provisions. Unofficial table of contents

§ 55

Where the amount to be paid as compensation or replacement is deposited in accordance with the provisions of this Act, any person concerned may be entitled to the deposited amount against a co-participant who denies that right, before the the ordinary courts, or request the initiation of the judicial distribution procedure. The distribution procedure shall be subject to the jurisdiction of the Local Court in which the amount has been deposited. The provisions of the Code of Civil Procedure relating to the distribution procedure shall apply mutaly; the deposit shall be the deposit by the requirement of a land, a registered ship or a shipbuilding plant or a ship in the aircraft or in the aircraft. A register of the rights of the deposit of an aircraft registered in an aircraft, or the requirement of a case covered by a basic right, a mortgage or a right of registration of a person concerned shall be subject to the following conditions: Distribution procedures the rules on the distribution of the proceeds in the case of Compulsory auction to be applied in a reasonable way. Unofficial table of contents

§ 56

(1) The Federal Minister of Finance may appoint representatives of the financial interest to the requirements authorities. (2) The representative of the financial interest shall be a party to the fixing procedure within the meaning of Section 51, provided that he does not rely on the participation. Without. Unofficial table of contents

Section 57

(1) If a notice of formal notice has been issued by the lower management authority, the parties to the determination procedure may lodge a complaint within two weeks since the date of the notification of the notice of determination. The supervisory authority shall decide on the complaint. (2) The decision on the appeal shall be notified to those involved in the determination procedure. Unofficial table of contents

Section 58

(1) Because of the fixing of the compensation or the replacement performance, a party may bring an action within a period of two months from the date of notification of the appeal decision. If a complaint is not admissible against the letter of formal notice, the time limit shall begin with the notification of the notice of the apporation. The action may also be brought if the requesting authority has not made a decision on a request for a decision or the supervisory authority on a complaint within a period of three months. (2) The action is the same as the case Landgericht without regard to the value of the object of the dispute shall be the exclusive jurisdiction. The district court is solely responsible for local jurisdiction in the district of which the request authority has its seat. If the authority of the request is not domestised, the regional court shall be the sole competent authority in whose district the seat of the Federal Government is located. (3) The action against the person responsible for compensation or replacement shall be the responsibility of the competent authority. for the payment of the requested amount, Amount to be allocated. The action against the person entitled to compensation or compensation shall be directed to the fact that the compensation or replacement shall be fixed at the same time as the repeal or amendment of the notice of detention. (4) The court may, in the case of of the second sentence of paragraph 3, at the request of the beneficiary, declare the notice of determination for provisionally enforceable. The application may be decided in advance by decision. The decision shall not be countervailable. § § 711 to 720 of the Code of Civil Procedure shall be applied accordingly. Unofficial table of contents

§ 59

If a supreme federal or state authority has fixed the compensation or replacement performance, the action shall be brought before the ordinary court within two months of the date of notification of the notice of formal notice. Unofficial table of contents

§ 60

(1) The determination of compensation for benefits in favour of the armed forces referred to in Article 1 (1) (3) shall be carried out in consultation with the authorities of the power involved (Article 12 (3) of the Financial Treaty of 26 May 1952). In these cases, the Federal Republic of Germany is in favour of the fulfilment of the obligation. Disputes relating to the determination of compensation or compensation shall be made by the Federal Republic of Germany on its own behalf. (2) The procedure for the determination of the compensation for damages, for which the person referred to in § 1 (1) (3) (3) Armed forces in accordance with § § 26 and 28 are subject to replacement, as well as the time limits for the assertion of claims for such compensation are determined by Article 8 of the Financial Treaty of 26 May 1952. If the damage has been caused or is deemed to have been caused after the entry into force of the NATO troop statute and the additional agreement to the NATO troop statute, Article VIII of the financial treaty shall be replaced by Article 8 of the financial treaty of the NATO troop statute, Article 41 of the Additional Agreement to the NATO troop statute and the Protocol of Undersigned, as well as Articles 6 to 15 of the Law of 18 August 1961 on the NATO Staff Regulations and the Additional Agreements (Bundesgesetzbl. II, p. 1183). The second sentence of paragraph 1 shall apply. Unofficial table of contents

Section 61

- Unofficial table of contents

Section 62

(1) If an overpayment has occurred due to advance payments to an outstanding compensation or compensation, the request authority shall order the repayment of the amount paid too much by repayment of the refund. The order shall be discerned if the recovery would result in an unreasonable hardship. (2) If a notice of arrest is corrected, amended or revoked, the payee is entitled to repay a too much money due to the circumcection of the order. , at the request of the payer, the request authority shall order the repayment of the amount paid at the end of the notice by repayment of the amount. The order of the repayment is to be connected with the decision by which the correction, the change or the revocation is pronounced. (3) The provisions of § § 51 to 61 shall apply to the procedure, including the enforcement of the enforcement. , Unofficial table of contents

§ 63

The provisions of this section shall apply mutatis mutinly to the right to a replacement of uses (Article 17 (2) and (4)). Unofficial table of contents

Section 64

§ 47 shall apply mutatily for the deliveries in the fixing procedure. Unofficial table of contents

Section 65

§ 48 shall apply mutas to the costs of the fixing procedure.

Part Three
Maneuvers and other exercises

Unofficial table of contents

Section 66

(1) If uniformed associations or units (troops), which are entitled to hold manoeuvres or other exercises in the Federal territory, perform such manoeuvres or other exercises, shall apply without prejudice to restrictive conditions which apply to the individual case. be laid down by the competent civil administrative authorities, the provisions of this Part. The same shall apply to the auxiliary staff assigned by the Force, to the extent that they participate in maneuvers or other exercises of troops, as well as for the associations and units of civil civil protection. (2) Maneuvers or other exercises may be carried out in the Rule shall not exceed the duration of thirty days. The troops shall ensure that, in the case of maneuvers or other exercises, damage is avoided as far as possible and that the economic use of land is not significantly affected. A property on which significant damage has been caused as a result of a manoeuvre or other exercise may not be used again within three months, unless the competent national authorities agree. If the economic use of a land has been significantly affected by a maneuver or other exercise, the troops may not carry out manoeuvres or exercises on that land for as long as it is to be concerned that such exercises could lead to a further or further substantial impairment of the economic use of the land. Unofficial table of contents

Section 67

The provisions of the First and Second Parts shall apply only in so far as reference is made to them in this part. Unofficial table of contents

Section 68

(1) The troops may cross, temporarily occupy or temporarily block land. (2) Without a special consent of the beneficiary, the troops shall not exercise the rights granted to them under paragraph 1 of this Article.

1.: built plots;
2.: land which has been declared to be particularly vulnerable by the competent authorities on account of agricultural or forestry use or as a water protection area;
3.: Nature reserves, national parks, natural monuments or protected landscape components, as well as animal protection areas;
4.: Sites of religious, cultural or historical importance;
5.: Cemeteries;
6.: Installations designed to ensure the safety of road, rail, waterway, sea or air transport, and airports;
7.: Installations designed to ensure the transmission of communications;
8.: Installations for de-watering or irrigation, as well as for the disposal of water;
9.: Installations for the protection of natural forces;
10.: Facilities for supply of water or energy.

Under the areas referred to in Article 45 (3) of the Additional Agreement to the NATO military statute as a nature reserve, the national parks must be understood. (3) Land shall be overflown in less than the otherwise permissible level, to the extent that: Conditions for the implementation of the manoeuvres expressly permit this. Unofficial table of contents

Section 69

Maneuvers or other exercises must be notified to the competent authorities in good time. It shall indicate the extent to which roads are expected to be used more than usual in the transport sector. The time, place and conditions of implementation of the manoeuvres shall be notified at least 2 weeks before the beginning in the usual manner by the competent State authority. By way of derogation, the registration and notification of exercises may be made by the troops with the competent authorities. Unofficial table of contents

Section 70

(1) In the case of maneuvers or other exercises registered in accordance with § 69, the troops may use the public transport routes more than usual, in so far as it is necessary to achieve the purpose of the exercise with due regard to the public transport system. There is an urgent need for security and order and non-restrictive conditions pursuant to section 66 (1) or restrictions in accordance with § 68 (2). Public transport routes may be suspended in whole or in part for public transport on the basis of an agreement with the competent authorities and the necessary measures for the implementation of this Agreement shall be taken by the competent authorities. Authorities. (2) Cross the tracks of railway tracks outside of the intended transitions is prohibited. However, if the requirements of the manoeuvres or other exercises urgently require the tracks to exceed the necessary precautions, individual groups may be required to exceed the requirements of the manoeuvres or exercises; the liability for all (3) The troops may use territories of territorial waters in so far as the conditions for carrying out the maneuvers are to be carried out by the troops, who shall be responsible for the operation of the maneuver or the exercise. expressly provide for. The competent authorities may, at the request of the troops, block such sub-areas. Unofficial table of contents

Section 71

(1) For the accommodation of services, persons, animals, vehicles, weapons and equipment and other supplies, the force shall be made available to the troupe. The troupe has to comply with the previous purpose. (2) As a makeshare accommodation there are also rooms available which are usually used in a different way. (3) According to the available possibilities are to be provided

: in the case of accommodation in accordance with paragraph 1, lighting, water and heating, in the case of accommodation in accordance with paragraph 2, lighting, water and storage straw.

(4) § 3 para. 1, 4 to 6, § 4 para. 2, § 11 sentence 1, § 12, § 13 para. 1 sentence 1, para. 2, para. 4 sentence 1 and para. 5, § 16, § 17 para. 1 and § 18 (1) and (2) shall apply analogously. Buildings or movable property within the meaning of Section 4 (3) may only be requested to the extent that corporate bodies, institutions or associations which use these buildings or objects are not essential in the performance of their tasks by the requirement of their tasks. shall be affected. Unofficial table of contents

Section 72

The carriers of local water supply systems have to supply the troops with water for the district, bivouac and other requirements according to the available possibilities. Section 13 (1) sentence 1, subsection 2, subsection 4 sentence 1 and (5) shall apply mutatily. Unofficial table of contents

Section 73

(1) Things and services for which a notification of provision (§ 36 para. 3) has been issued may be used for manoeuvres or other exercises in accordance with § 2 (1) Nos. 1, 8 and 9, if the purpose of the exercise requires it. In this connection, military and civil matters must be considered in a fair manner. (2) § 71 (4) applies accordingly; § 3 (1) sentence 1 shall not apply. Unofficial table of contents

Section 74

The person responsible for performing the actual violence on the requested item shall be liable to pay. Unofficial table of contents

§ 75

The recipient is the body in whose service the troops are standing. The competent bodies of this body shall determine the units, departments or persons to whom the benefits are to be provided. Unofficial table of contents

Section 76

(1) An appropriate compensation shall be granted for the services which must be provided in accordance with § § 71, 72. In the cases of § 73 the compensation shall apply in accordance with § § 20 to 22. (2) The compensation shall be payable to the person liable to pay, unless he or she refers to a person other than the person entitled to compensation or to the person who is entitled to pay compensation. The requirement authority is aware that the performance of the assets of another is provided. If the nominee holds the person liable for the compensation without gross negligence, he shall be exempted from payment by the payment. Any claims of the person entitled to compensation against the person liable to pay as a recipient of the payment shall remain unaffected. Unofficial table of contents

Section 77

(1) Replacement shall be provided for damage caused to land, construction facilities, roads, bridges, waterways, ports and other transport facilities or transport facilities, including their accessories, by means of manoeuvres or other exercises; . In the event of destruction, the substitute performance shall be measured according to the mean value, in the case of damage after the amount of the necessary costs of restoration or repair. (2) In the event of damage to a country or forestry sector Land by use for manoeuvres or other exercises is also to be made for a replacement due to damage caused by damage. In the event of damage to transport facilities or transport equipment, it shall also be necessary to replace the costs which are necessary for the maintenance of public transport, unless the damage is caused by use within the framework of the common use. (3) If a thing left for use in accordance with § 71 or § 73 is deteriorated or damaged or if it cannot be returned, § 26 (2) and (3) shall apply mutatiously. Unofficial table of contents

Section 78

If the use of a land for manoeuvres or other exercises is likely to affect its normal use in such a way as to cause a reduction in yield or other loss of use, compensation shall be granted to: compensates for this disadvantage. Unofficial table of contents

§ 79

Services according to § § 71, 72 are requested by authorities, which are determined in accordance with § 5 (1) by means of legal regulation. The authorities referred to in § 5 (2) shall be responsible for requesting the maneuverable services listed in § 73. The provisions of § 6 shall apply mutatily. Unofficial table of contents

§ 80

The provisions of Section 7 (1) and (2) and Section 9 (2) shall apply. Unofficial table of contents

§ 81

(1) The provisions of § § 35, 36 (1) to (2), § § 37, 39, 40, 44, 46 and 47 apply to the implementation of the requirement. (2) The provisions of § 23 (4), § § 29, shall apply to the compensation pursuant to § § 76 and 78 and the replacement performance in accordance with § 77. 32 (2), § § 34, 50, 52 to 59, 60 (1) and § § 61 to 65. § 49 shall apply with the proviso that the authorities referred to in § 79, second sentence, shall be responsible only for the determination of compensation in the event of the request for goods and services pursuant to Section 73. Section 58 (2) applies on the condition that in the cases of Section 77 (1), the district court in whose district the damage was caused, in the cases of § 78 the district court in whose district the property is situated is in the exclusive jurisdiction of the district court (3) The compensation or replacement is to be regulated in accordance with the terms of the agreement. The payer shall work towards the conclusion of an agreement with the beneficiaries. If an agreement is not reached, Section 51 (3) to (5) shall apply. Unofficial table of contents

Section 82

(1) The procedure for retribution of the damage for which the armed forces are liable pursuant to § 77, as well as the time limits for the assertion of the claims for replacement performance, shall, in so far as the deployment forces are contemplated, shall be subject to the following conditions: Article 8 of the Financial Treaty of 26 May 1952. If the damage has been caused after the entry into force of the NATO troop statute and the additional agreement to the NATO troop statute, Article 8 of the NATO troop statute, Article 41 of the NATO troop statute, shall be replaced by Article 8 of the Additional agreement on the NATO troop statute and the Protocol of Undersigned, as well as Articles 6 to 15 of the Act of 18 August 1961 on the NATO troop statute and the additional agreements (Federal Law Gazette). II. 1183). (2) In the case of uniformed associations or units serving a country, the provisions of national law shall apply. Unofficial table of contents

Section 83

If the Federal Government determines that the production of the operational capability of the armed forces is necessary, the provisions of section 66 (2), section 68 (2) no. 1 to 5, and § § 69 and 70 (1) sentence 2 shall not apply.

Fourth part
Fines and penalties

Unofficial table of contents

Section 84

(1) Contrary to the law, those who are intentional or negligent in the performance of their duties

1.: a service which is not only requested by the notification of the provision, does not, not in good time, does not result in a proper or non-exhaustion, or an obligation to take or omission on the basis of § 2 shall be contrary;
2.: The written order to prepare a performance (§ 16) is contrary to the written order;
3.: contrary to an obligation imposed on him pursuant to Article 36 (4), a divestment or disposal is not displayed.

(2) The administrative offence shall also be:

1.: without being liable, in the knowledge of the obligation to pay another item, which is not merely requested by the notification of the provision, creates, damages, destroys, renders it unusable or makes it spoible;
2.: Contrary to § 15 (1), the information is not provided, inaccurate, incomplete or not provided within the stipulated period, the available documents are not submitted, incomplete or not submitted within the stipulated period, or a request pursuant to § 15 (2) sentence 1 or an obligation pursuant to § 15 The second sentence of paragraph 2.

(3) The administrative offence may be punishable by a fine of up to twenty-five thousand euros. (4) The provision of paragraph 1 (1) in conjunction with paragraph 3 shall also apply in the cases of a requirement pursuant to section 2 (1) (2) and (8) also to the person who is responsible for the (5) Request authorities, which are federal authorities, are exercising the powers of the managing authority within the meaning of Section 36 (1) (1) of the Law on Administrative Offences. Unofficial table of contents

§ 85

Those who, in their intention to thwart the requested performance, commit any of the acts or omissions referred to in section 84 (1) (1) or (2) and thereby significantly endanger the public good, shall be punishable by imprisonment for up to one year or is punishable by a fine. Unofficial table of contents

§ 86

Fifth Part
Transitional and final provisions

Unofficial table of contents

Section 87

The Act on the benefits in kind for Reichsduties (Reichsleistungsgesetz) of 1 September 1939 (Reichsgesetzbl. 1645) and the provisions of its implementation, insofar as they have become federal law, are repealed. Unofficial table of contents

Section 88

(1) Where land owned by local authorities is requested in accordance with this Law, the compensation shall, if and to the extent that such land is not used for the purpose of employment, be paid after the replacement of the continuing charges, in particular: Debt interest for foreign capital, operating costs and insurance contributions, as well as a reasonable amount for wear. In addition, the expenses incurred as a result of the request shall be reimbursed in so far as they are necessary to the circumstances and are appropriate to the extent. The rent for spare rooms shall be reimbursed to the extent that it exceeds the continuing expenses for the requested property. (2) For property owned by the Federal Republic of Germany, which is requested for the purpose of the armed forces or further pursuant to section 89 (1). , compensation and compensation shall not be granted in so far as the Federal Republic of Germany is acting in intergovernmental contracts with the free use of these matters by the armed forces and their members and to the replacement of damage to this property has not been accepted. (3) Paragraph 2 shall apply to property belonging to the former German Reich and to the provisional regulation of the legal conditions of the Reich's assets and the Prussian participation of 21 July 1951 (Federal Law Gazette). 467) and the Regulation implementing § 6 of this Act of 26 July 1951 (Bundesgesetzbl. 471) are subject to the administration of the Federal Government, mutatily. Unofficial table of contents

§ 89

(1) (2) (2) (3) Apartments constructed for the purpose of foreign forces or their members, as well as housing established under the replacement construction programmes for old-occupation displaced persons, but the foreign armed forces or their Members have been left to use without the restrictions arising from § § 2, 3 (1) and this paragraph may be requested. Unofficial table of contents

§ 90

- Unofficial table of contents

Section 91

- Unofficial table of contents

§ 92

(1) In the case of matters relating to the use or use of the war and occupation arising from war and occupation, as referred to in Article 48 (1) of the troop contract or under Article 13 of the Treaty, measures shall be taken to: of 5 May 1955 12 o'clock the compensation and replacement in accordance with the provisions of this Act. In so far as the person entitled to compensation has so far been paid a higher current compensation than would be payable pursuant to § 20, the compensation shall continue to be granted at that level. (2) The maneuver shops which after May 5, 1955 at 12 o'clock (3) The period referred to in Article 29 (2) shall not, in the cases referred to in paragraphs 1 and 2, expire before 1 January 1957, provided that, until the entry into force of this Act, an appropriate Payment of the surcharge has been made. Unofficial table of contents

Section 93

Land which has been used by the authorities of a participating power to establish structures and installations not only for temporary purposes, and to the land which the authorities of a participating power have to § § 89 to 92 do not apply for protection purposes or have been treated in this way. Unofficial table of contents

Section 94

- Unofficial table of contents

§ 95

The companies according to § 2 of the Swiss Post and Telecommunications Procurement Act, insofar as they are obliged by a legal regulation pursuant to § 3 of the aforementioned law, and public railways cannot provide benefits under this law Law shall be used. Unofficial table of contents

§ 96

The Senate of the Free and Hanseatic City of Hamburg is authorized to take a regulation deviating from § 57 (1) by means of a regulation. Unofficial table of contents

Section 97

To the extent that the provisions of this law affect the fundamental right of inviolability of the home (Article 13 of the Basic Law), this fundamental right is restricted.