Federal Power Act

Original Language Title: Bundesleistungsgesetz

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Federal Performance Law

Non-official table of contents

BLG

Date of issue: 19.10.1956

Full quote:

" Federal power act in the Federal Law Gazeti Part III, outline number 54-1, published revised version, as last amended by Article 5 of the Law of 11. August 2009 (BGBl. I p. 2723) "

:Last modified by Art. 5 G v. 11.8.2009 I 2723

For details, see the Notes

Footnote

(+ + + + + + + + + + +)






























Application in Saarland see § 3 An. VI no. 1 G v. 30.6.1959 101-3; the § § 84, 85 and § § 88 BLG aF now § § 88, 89 u. 92 unofficial table of contents

content overview

Basic§ 1
FIRST PART 
Services
First Section:General rules§ § 2 to 10
Second Section:Legal effects of performance requirement§ § 11 to 14
Third Section:duty to provide information§ 15
Fourth Section:Performance Preparations§ 16
Fifth section:Participant's obligations§ § 17 to 19
 Sixth section:The retribution§ § 20 to 33
 Seventh Section:Verennung§ 34
SECOND PART
Method
First Section:Request to perform§ § 35 to 48
Second section:Fixing of compensation and replacement performance§ § 49 bis 65
THIRD PART
Maneuvers and other exercises§ § 66 to 83
FOURTH PART
Penal and penal provisions§ § 84 to 86
FIFTH PART
Transitionals and Final Provisions§ § 87 bis 97

Basic Rule

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§ 1

(1) Services can be requested
1.
to avert an imminent threat to the stock or to the the free democratic constitution of the federal government or of a country, or the elimination or elimination of a public order disorder in the border area, which is endangering the security of the borders;
2.
for the purpose of defense, in particular for the use of a danger from the outside of the government's stock either directly or indirectly in the context of its classification into a System of mutual collective security is threatened;
3.
to fulfil the obligations of the federal government from intergovernmental contracts on the deployment and the Legal status of armed forces of foreign states in the Federal Republic of Germany;
4.
for the accommodation of persons or transfers of establishments and public institutions which (
)
powers provided for in Article 5 (2) and (38) may not be used except in the case of a defence, unless the Federal Government is responsible for the exercise of the powers of the Federal Government. noted that this is necessary for the accelerated production of defence readiness of the Federal Republic of Germany. The Federal Government has to lift the statement if the conditions for this are not fulfilled, or if the Bundestag and the Bundesrat require it.

First part
The services

First Section
General Rules

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§ 2

(1) As Services can be requested
1.
the release of movable property for use, to the Use or for any other use;
2.
the transfer of movable property to the property, provided that the consumption, long-term use or implementation significant changes or the assumption of significant costs for the item is likely;
3.
the release of radio equipment for use or co-use as well as the omission of their 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 transfer of construction equipment or parts of construction equipment, undeveloped land or free areas of built-up land for temporary use, use or other temporary use;
6.
Failure to use, co-use, otherwise use or modify movable and immovable property;
7.
Built-in, modified or (b) recovery measures on movable and immovable property, insofar as their acceptance is to be granted to the person responsible for the performance, and the culling of such measures;
8.
Duldung of influences on movable and immovable property;
9.
Work services, in particular Maintenance services, as well as catering services, in so far 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 owners or owners of means of transport, even if it is not a transport undertaking;
10.
the conclusion of contracts for recurring or continuous services as referred to in point 9 of this Regulation
(2) The use of rooms, studios, broadcasting and other technical facilities and facilities of the broadcasters for use, use or omission of use is only for the purposes of § 1 (1) (1) and (2). for certain purposes and 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 paragraphs 1, 1, 3 to 6 and 8 to 10 may only be required for a certain period of time, for the maximum duration of one year, and for a period of two years, for the longest period of one year. 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. Non-official table of contents

§ 3

(1) Services may be requested only if the need is not otherwise or not in good time or only can be covered by disproportionate means. The requirement shall be limited to the essential level.(2) Services may not be requested if they can be arranged according to other statutory authorisations.(3) In the case of all requirements, the interests of the general public and of the parties concerned shall be considered in a fair way. 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 endangered.(4) Living rooms, which are necessary for the essential housing needs of the owner and persons belonging to his household, may only be requested if adequate other accommodation is secured.(5) Profit, 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 essential for the purposes of defence.(6) All requirements shall be designed and implemented in such a way as to avoid any avoidable disadvantage to any person concerned. The life needs of the person concerned must be guaranteed. Non-official table of contents

§ 4

(1) All natural and legal persons, as well as associations of persons, can be provided within and are used outside the federal territory with their assets located 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 members of the when the ship or aircraft is located outside the territory of the Federal Republic of Germany.(2) Benefits cannot be used
1.
foreign nationals, to the extent that: state treaties or recognized rules of international law;
2.
The federal government, the federal states, the municipalities, the municipal associations and other legal persons of the public law and their associations with regard to the property and rights which are indispensable for the performance of their administrative activities;
3.
Parties which shall: The Bundestag or the national representative of a country, as well as trade unions and employers ' associations, because of the things and rights that are indispensable for their administrative activities;
4.
Churches and other public religious communities as well as their associations with regard to the things and rights that serve ecclesiastical tasks or for the fulfilment of their
5.
Transport companies that are subject to a legal obligation to operate and to carry, with regard to the Maintenance of vital transport of essential means of transport, facilities, facilities and buildings;
6.
Companies of public supply with Electricity, gas and water and the disposal of water for the purposes of carrying out their duties and rights, including their protected areas;
7.
other vital companies, insofar as the performance of their tasks would be significantly impaired by the performance according to the approximate provision of a legal decree of the Federal Government,
() 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 wasting, or in the event of a elimination of a risk or disturbance within the meaning of Section 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 direct fulfilment of the tasks of the Buildings and movable property serving social insurance 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. Non-official table of contents

§ 5

(1) Services can only be requested by public authorities that have been approved by the Federal Government with the consent of the Federal Government. Federal Council (request authorities). Federal authorities can also be appointed to request authorities.(2) In the event of a defence or a determination of the Federal Government pursuant to Article 1 (2), the authorities of the Bundeswehr administration are responsible as requirements authorities for the requirements of the following items and services, insofar as these are for the purposes of the Production and maintenance of the armed forces are needed:
1.
Weapons and ammunition, other than hunting and ornamentals;
2.
Tents;
3.
Other Equipment and equipment equipment for troops;
4.
Motor vehicles and accessories, other means of transport other than sea and inland waterway vessels, the Sea-fishing vessels, aircraft and trams, as well as handling equipment for motor vehicles and other means of transport referred to above;
5.
optical device and telecommunication devices other than those referred to in § 2 para. 1 no. 3 and § 2 para. 2;
6.
Power generation (emergency power units) as far as they are not an essential part of a plot;
7.
Tools, equipment and machinery required for the repair and maintenance of the items listed in paragraphs 1 to 6, including the accessory and the Spare parts for the above-mentioned objects;
8.
Operating and fuel;
9.
Construction materials, building aids, tools, equipment and machinery for the manufacture or restoration of buildings, traffic routes and other facilities, including the Spare parts and accessories required;
10.
Services pursuant to § 2 (1) (4) to (10), but only in the case of vehicles with motor vehicles and those 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 objects in accordance with the Regulation to be adopted pursuant to paragraph 1 of this Article; and Services are otherwise responsible.(4) In the case of requirements referred to in paragraph 2, the authorities of the Bundeswehr administration shall take into account the needs for other defence-related tasks and for the protection of the civilian population. Non-official table of contents

§ 6

(1) Oblies the execution of this law requirements authorities of the countries, they act on behalf of the federal government, as far as the enforcement of the law of 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 shall act on the basis of a government contract under the responsibility of the contracting authority. The administrative costs of the municipalities and the municipal associations are reimbursed by the country. Non-official table of contents

§ 7

(1) The request authorities generally request the services at the request of demand carriers. The application shall indicate the reason for the requirement, type and extent of the needs to be met by the requirement and the date for the performance of the service.(2) The requirements are determined by the Federal Government's ordinance with the consent of the Federal Council. The authorisation to adopt the Regulation may be transferred to the State Governments. Non-official 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 performance is requested.(2) Where structural installations or parts of structural installations, household appliances, means of transport or transport services are requested for the purposes referred to in § 1 (1), (2), (2) and (4) pursuant to Article 2 (1) (1), (5) and (9), the requirements authority may determine the person to whom the specified items of requirements are to be used for use, or for which the transport services are to be provided. The first sentence 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.
for requirements in accordance with § 2 (1) Nos. 1 and 3 to 5, who exercises the actual violence over the matter;
2.
for requirements according to § 2 para. 1 no. 2 and 8 the owner of the thing;
3.
for requirements according to § 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.
Requirements according to § 2 para. 1 no. 7 of the owners of the goods or the carriers of the construction and maintenance load for the traffic facilities;
5.
for requirements pursuant to § 2 para. 1 No. 9 the owner of the holding as well as the owner or owner of the transport company or the means of transport;
6.
for requirements pursuant to § 2 para. 1 no. 10, who by
() In individual cases, the person liable to pay shall be determined by the requesting 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. Non-official table of contents

§ 10

(1) The owner may request a request pursuant to § 2 para. 1 no. 2 if a requirement pursuant to § 2 para. 1 no. 1 shall not be able to be used for use, for use or for any 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 shall remain responsible for the original request.(2) The owner of a building or property may require the deprivation of the property in accordance with the special legal provisions in force for this purpose, if he or she has the right to use, to use it or to use it for other purposes over the period of time. the first requirement cannot be expected. The second sentence of paragraph 1 shall apply accordingly.(3) Those who are entitled to use one thing may object to the requirement of part of this item for use, use, or other use and require the request of the whole thing if its economic interest in the the exercise of its right by the requirement of the part would be eliminated or would be disproportionately reduced.(4) The owner may object to the requirement of a part of the property to property and demand the request of the whole property to property if the other part would have no value or only a disproportionately low value for him. name="BJNR008150956BJNG000400315 " />

Second Section
Legal Effects of Performance Request

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§ 11

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

§ 12

In the event of a request pursuant to § 2 para. 1 no. 1, 3 to 5, 7 and 8, those who do not Persons liable to pay shall not exercise any rights to use the goods in so far as they would be contrary to the rights of the person to whom the benefits are provided. § 11 shall apply mutatily. Non-official table of contents

§ 13

(1) As a result of a requirement pursuant to § 2 para. 1 No. 2, the benefit recipient shall have the benefit of the benefit recipient. to issue the requested item. If another person exercises the actual violence on the matter, he or she shall also be obliged to publish it.(2) The beneficiary acquires the ownership of a consumable item as soon as it enters into its possession 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 shall not acquire the property until the notification has been delivered.(3) Where a non-consumable item is requested, the beneficiary shall acquire ownership of the goods as soon as the notification of benefit has become indisputable to the persons entitled to appeal 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. The property is deemed to have been requested for use or for other use until the acquisition of the property is entered into.(4) If goods are requested from a supply, the person responsible for the performance of the goods shall be responsible for sending out and issuing from the supply the goods of the middle class and the quality of the goods. The second sentence of paragraph 1 shall apply mutatily.(5) With the acquisition of the property in accordance with paragraph 2 or 3, the previous rights to the requested object and the personal rights that entitle the property to the possession or to the use of the object shall be extinguaged. 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. Non-official table of contents

§ 14

The notice of performance due to a request pursuant to § 2 (1) no. 10 shall be deemed to be binding contract offer of the Debtor duties. Acceptance of the offer shall be immediately communicated to the nominee to the person liable to pay the offer.

Third Section
Information obligation

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§ 15

(1) All natural and legal persons, individuals ' associations, authorities and entities have, as far as they are are not subject to a legal obligation to provide the necessary information to the requesting authorities, at the request of the authorities, and to submit the documents available to them. The obligation to provide information and to make a reference also extends to planning for the manufacture or modification of objects for which a need is established to be covered under this law.(2) The request authorities may also provide for the performance of animals, means of transport, machinery and equipment of all kinds at a location to be determined by them, as well as the denying of the inspection of installations and objects which are subject to this law to be requested. For this purpose, the parties responsible for providing information shall allow the entry of land and vehicles.(3) The parties to the information may refuse to provide information on such matters, the answers to which they themselves or one of the members of the civil procedure referred to in § 383 (1) to (3) of the Code of Civil Procedure the risk of criminal prosecution or of a person who is liable to prosecution Proceedings under the Law on Administrative Offences would be suspended.(4) The knowledge and documents obtained pursuant to paragraphs 1 and 2 shall not apply in conjunction with Section 105 (1) and Section 116 (1) of the Tax Code in connection with § § 93, 97, 105 (1), § 111 (5). 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 of the person responsible for providing information or of the persons involved in it.

Fourth Section
Performance Preparations

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§ 16

(1) The person liable to pay is committed to acts, dulsions and omissions which are the order of the Preparation of the performance is necessary.(2) The request for the preparation of the performance shall be ineffective unless a requirement in accordance with § 2 is issued within three months.(3) Performance preparedness authority is the authority responsible for the performance requirement.

Fifth
Section
Obligations

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§ 17

(1) As a result of the request, the person responsible for the service has the requested service in good time, correctly and in full. If no date or time limit is determined for the performance, it shall be provided immediately.(2) In the event of failure to comply with the obligations imposed on him by the beneficiary, he shall compensate the beneficiary of the resulting damage, unless he/she fails to comply with the provisions of the Directive. the provisions of civil law are not to be represented. In the event of defects of a requested item, such a replacement obligation can only be derived if the person liable to the service has concealed the defect fraudulently.(3) The person liable shall be entitled to refuse the service until the performance of the consideration due to him does not apply.(4) If the nominee has made use of a matter requested for use, he may, for this purpose, require replacement in accordance with § 536a (2) No. 2, § 539 (1) of the Civil Code. 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. Non-official table of contents

§ 18

(1) The nominee is obliged to take out the service and to receive the benefit to the benefit in writing.(2) In the event of a request pursuant to section 2 (1) (1) and (3) to (5), the recipient of the service shall be required to return the goods to the person liable to the service after the expiry of the period specified for the use, use or other use or at the end of the period of time. Requirement committed. If the beneficiary 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 that obligation. The requirement authority shall issue the item to the person entitled to possession.(3) The obligations of the beneficiary to pay compensation for the service received or to pay compensation shall be determined in accordance with the provisions of the Sixth Section. Non-official table of contents

§ 19

The provisions of § 17 (1) and (2) on the obligations of the person liable to pay shall apply mutatically to the obligations of the person liable to pay according to § 13 (1) Sentence 2 Taxable persons. It is also to confirm receipt of the performance in writing.

Sixth section
The retribution

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§ 20

(1) In the case of the requirement of § 2 para. 1 no. 1 and 3 to 8, the beneficiary has to pay a compensation based on the case for comparable Services provided for in the course of economic transactions. If there is a lack of comparable services or if there is no 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 until the return of the requested item or, if the return of the requested item becomes impossible, until the entry of the circumstance, which results in the impossibility of return; in the case of requests for Section 2 (1) nos. 6 to 8 shall be decisive in place of the date of return of the date in which the obligation to dismiss or to depart is to be omitted. As a rule, the compensation is to be paid in monthly instalation.(2) In the case of the requirement pursuant to section 2 (1) no. 2, the beneficiary must pay compensation for the loss of the property, which is determined on the basis of the value of the item at the time when he acquires the ownership of the item. 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 notice 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 pursuant to Section 13 (3) sentence 3, compensation shall be paid for this under the appropriate application of paragraph 1.(3) In the case of the assessment of the compensation, defects in the case shall only be taken into account if the nominee has indicated the deficiencies in 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. Non-official table of contents

§ 21

For asset disadvantages, which are not already covered by the compensation in accordance with § 20, the To pay compensation to beneficiaries who are to be determined in a fair balance between the interests of the general public and the parties involved. 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. Non-official table of contents

§ 22

(1) In the event of a request pursuant to § 2 (1) no. 9, the beneficiary has to pay a compensation, which is subject to the usual charges and tariffs for comparable services in the economic sector.(2) In the event of a request pursuant to section 2 (1) no. 10, the beneficiary of the contract for services provided under the contract shall pay a compensation to be measured in accordance with paragraph 1, unless a fee has been agreed. Non-official table of contents

§ 23

(1) The compensation according to § 20 may require
1.
for benefits pursuant to § 2 para. 1 no. 1, 5, 6 and 8 of the owners; the compensation is the tenant or Leaseholder, if he is not exempted from the obligation to perform recurring services in accordance with § 11 sentence 2;
2.
for benefits pursuant to § 2 (1) (3) and (4) of the Rights of use;
3.
for services pursuant to § 2 (1) no. 2 and 7 of the owners.
(2) Compensation in accordance with § 21 may require the owner, others to the object of use of persons entitled to use, entitled to service, and those who have the object on the basis of a personal right.(3) The compensation in accordance with § 22 may require the person liable to pay the service.(4) In accordance with Articles 52, 53 and 53a of the Introductory Act to the Civil Code, persons entitled to the matter who are affected by the requirement in their rights are dependent on the compensation of the owner in accordance with § 20. Non-official table of contents

§ 24

For performance preparation (§ 16) as well as for damages resulting from a seizure (§ 45), the To pay an appropriate compensation to the person responsible. Non-official table of contents

§ 25

In the event of a request pursuant to § 2 para. 1 no. 7, the owner is responsible for the implementation of these measures. -to provide appropriate advance payments on request. This applies analogously in the case of § 16 (1). Non-official table of contents

§ 26

(1) If the nominee is unable to return a requested item that he is required to return or if he returns it in a deteriorated or damaged condition, he shall make a replacement for the owner.(2) If the case cannot be returned, the amount of the substitute performance shall be determined in accordance with 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 value, which exceeds the normal wear, is not taken into account in the design.(3) If the item is returned in a deteriorated or damaged condition, the amount of the replacement shall be determined in accordance with the costs required for the 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 substitute performance shall not exceed the mean value which the object would have had without the deterioration or damage at the time of return.(4) No replacement shall be made for the ordinary wear of the goods during the period for which compensation is granted in accordance with § 20 para. 1.(5) A replacement power by production in nature cannot be required.(6) Paragraph 23 (4) shall apply mutatily to the replacement performance.(7) If a requested item cannot be re-used as soon as possible after return, either in whole or in part, because damage to it has to be remedied, the nominee shall be responsible for the resulting loss of assets under the conditions laid down in § 21 to provide compensation. Non-official table of contents

§ 27

If the request authority has designated a person other than a demand carrier for the benefit recipient (Section 8 (2)), the request authority is the beneficiary has to pay compensation in accordance with Section 26 (1) only if a replacement obligation arises in the case of a reasonable application of the provisions of the civil law. unofficial table of contents

§ 28

(1) body and health damage, damage caused by loss, damage, or deterioration other than that of the The requested property and liability damage suffered by the person liable for the performance, his vicarious agents or the person liable to be issued pursuant to § 13 para. 1 sentence 2 as a result of the performance of a service based on the requirement, has the Beneficiaries, in the cases of § 8 para. 2 of the needs-holders, to replace the injured party appropriately, in so far as they are not able to obtain a substitute in another way.(2) § § 843 to 846 of the Civil Code shall apply in accordance with the provisions of the Civil Code for damage to the body and health. The provisions of § 26 (2), (3) and (5) shall apply in the meaning of the compensation for property damage.(3) In accordance with Section 839 (1) of the Civil Code, the replacement obligation pursuant to paragraph 1 with a replacement obligation on the basis of a negligent breach of duty shall not be excluded from the requirement that the conditions of the Paragraph 1.

footnote

§ 28 (3): Aufgeh. by § 34 para. 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 void Non-official table of contents

§ 29

(1) If the compensation or substitute performance is not within one month of agreement (§ 51) or fixing, in the case of recurring benefits not within one month of the maturity resulting from the agreement or fixing, it shall, from that date, be on the basis of two of the A hundred above the respective base interest rate in accordance with Section 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 replacement has received advance payments, the obligation to pay interest shall not be charged.(2) If the agreement or determination does not take place within three months after the performance of the performance or the due date 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. Non-official table of contents

§ 30

In the cases of § § 26 and 28, the nominee for compensation is only against the assignment of the claims shall be bound by the person entitled to the replacement on the basis of the event on which the service recipient's replacement is based on other persons. In the case of § 26, this does not apply to claims arising from an insurance relationship. Non-official table of contents

§ 31

To the extent that pricing rules exist, they are subject to the assessment of compensation and replacement performance. Non-official table of contents

§ 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 granted , in so far as a compensation or substitute is entitled to an asset benefit as a result of the request.(2) If, in the cases of § § 21 and 26 to 28, a fault of the compensation or substitutes has been involved in the occurrence of the damage, § 254 of the Civil Code shall apply mutagenously.(3) A duty to provide compensation in accordance with § § 26 to 28 does not exist if the damage would also have occurred without the request. Non-official table of contents

§ 33

(1) If the request authority has designated a person other than a demand carrier for the benefit recipient (Section 8 (2)) and if the latter does not fulfil its obligations within three weeks since its due date, the bearer shall be liable for the fulfilment of these obligations; however, in the case of § 27, he shall be liable only in accordance with § 26.(2) Insofar as the nominee is not obliged to replace him in accordance with § 27, the replacement obligation provided for in § 26 shall meet the needs holder.(3) In so far as the demand carrier satisfies the compensation or substitute authorized in accordance with paragraph 1, its claims against the nominee shall be applied to the needs holder. The transition cannot be claimed to the detriment of the beneficiary.(4) In the case referred to in paragraph 2, § 30 shall apply.

Seventh Section
Limitations

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§ 34

(1) Payment entitlements established pursuant to this Act shall be subject to a period of 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 mutatily; 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 statutory provisions of the Civil Code shall apply to the limitation of other claims based on this law.(3) The provisions relating to the loss of claims under Article 8 (6) of the Financial Treaty and Articles 6 and 7 of the Act of 18. August 1961 to the NATO troop statute and to the additional agreements (Bundesgesetzbl. II p. 1183) remain unaffected.

Second Part
Procedure

First section
Implementation of the request

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§ 35

Services are requested by the request authority by a performance notice. Non-tampering table of contents

§ 36

(1) The written form is required for the performance notice. It must specify the reason for the requirement, the requirements authority, the subject matter and the time of the service, the needs carrier, the person responsible for the service and the nominee.(2) The notification of performance may also be subject to a conditional, fixed-term or revocation.(3) If the date of the performance in the case of the request for the purposes referred to in § 1 (1) (1) to (3) cannot yet be determined, the power decision may also be taken in the form that the determination of the time of the performance of a later Notification is reserved (notification of delivery). 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). These provision notices shall be issued in agreement with the authorities otherwise competent pursuant to Section 5 (1).(4) The disposal or other disposal of the subject-matter concerned shall not be prevented by the notification of the provision; however, it may be imposed on the person responsible for the performance of the sale or disposal of the request authority. .(5) The requirement authority shall be obliged to refer to the statutory basis of the requirement in the notification of performance. It must issue a legal instruction. Non-official table of contents

§ 37

(1) The performance notice must be delivered to the person responsible for the performance (§ 9).(2) If a declaration of performance relating to a requirement pursuant to section 2 (1) (2), (7) and (8) cannot be served to the person liable for the performance or not without a delay which endangers its purpose, it may be served to the person who is responsible for the performance of the request. the actual violence on the matter. If delivery is not made to the person responsible for the service, he/she shall be notified without delay by sending a copy.(3) If, under the conditions set out in paragraph 2, a notification of benefit relating to a requirement pursuant to section 2 (1) (9) cannot be delivered to the person liable to pay, he may be the head of the workshop, the holding or the holding. Transport undertaking and, where these conditions are met, shall be delivered to his deputy or to the head of a local independent department.(4) In the cases referred to in paragraphs 2 and 3, the same legal effects shall occur, as would be the case if the notification of benefit was delivered to the person liable to pay.(5) The notification of performance shall also be served to all persons known to the request authority who are affected by the requirement in their rights. Non-official table of contents

§ 38

A means of transport shall be used in the event of a defence or a statement by the Federal Government in accordance with § 1 (2) § 2 (1) No. 1 and if the performance notice cannot be delivered to the person liable for the performance or not without a delay which endangers the purpose of the request, the notification may be sent to the persons referred to in section 37 (3). or, if the delivery to these persons would be impracticable for the same reasons, to the guide of the means of transport. 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. Non-official table of contents

§ 39

At the request of the demand carrier, the request authority has the immediate enforcement of the performance notice. shall be ordered. In this case, the opposition authority may not suspend the enforcement. Non-official table of contents

§ 40

Preparations for performance in accordance with § 16 are to be requested in writing. Non-official table of contents

§ 41

To secure the proof, if it is relevant and possible under the circumstances, the condition a requested item, at the request of the parties, is identified by experts and their value is estimated. A minutes shall be recorded which shall be sent to the parties concerned. Non-official table of contents

§ 42

Provides the benefit recipient with the appropriate conditions for the benefit recipient to complete a legal transaction. , on the basis of which the requested service is to be provided, and if the performance of the transaction appears to be sufficiently secure, the notice of benefit shall be cancelled if the beneficiary does not conclude the legal transaction without justified reason. Non-official table of contents

§ 43

(1) traps the requirements of the request, so the request authority
1.
upon request of benefits pursuant to § 2 (1) Nos. 1 and 3 to 8 at the request of the beneficiary, or the person entitled to compensation shall order the termination of the request;
2.
at the request of the service pursuant to § 2 para. 1 no. 2 at the request of the person liable to pay a To issue an order to recover ownership of the requested item, provided that the property is still owned and owned by the beneficiary and that the property is not for the purposes specified in the performance notice. greater demand, unless the performance in the public interest is urgently needed for another of the purposes set out in Article 1 (1) 1. A change in the purpose of the requested service within the scope of Section 1 (1) is excluded if it would lead to an unreasonable hardship for the person liable to pay;
3.
upon request of benefits according to § 2 para. 1 no. 9 at the request of the service liable to release this from the provision of further services;
4.
upon request of benefits pursuant to § 2 para. 1 no. 10 at the request of the service liable to grant this the right to terminate the contract.
If request is made of living space, at intervals of not more than six months, starting from the date on which the performance notice is delivered, on its own account to determine whether the requirements of the request are still in place.(2) The arrangements referred to in paragraph 1 shall be awarded to the beneficiary and to the person liable to pay, in the case referred to in paragraph 1 (1), in lieu of the person liable to pay the person entitled to compensation. They will become effective as soon as they become unquestionable.(3) In the cases referred to in paragraph 1 (2), the provisions applicable to the requirement of a property to be owned shall be applied in accordance with the appropriate provisions. 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

§ 44

(1) On the enforcement of actions, acts or omissions that are requested under this law, are the provisions of the Administrative Enforcement Act of 27. April 1953 (Bundesgesetzbl. 157) should be applied accordingly. The administrative constraint must not be applied against beneficiaries who are demand-holders.(2) The law enforcement authority shall be the requirement authority or the authority designated by the Land Government. The law enforcement authority may take advantage of the administrative assistance of other authorities. Non-official table of contents

§ 45

(1) The request authority can seize the item in order to ensure a performance to be requested. on which to obtain a power decision to be issued. The seizure shall take effect 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 shall have the effect that legal transactions relating to the seizure seized shall be ineffective in so far as they are contrary to the purpose pursued by the preceding requirements; nor shall any substantial changes to the matter be effected without the authorisation of the Request authority shall not be made. Legal transactions in this sense shall also be the same in the course of the enforcement of the law or the execution of the execution of the Arrest.(3) Seizure shall not be effective if the service is not requested within two months. unofficial table of contents

§ 46

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§ 47

The provisions of the Administrative Appointing Act shall apply to deliveries by the managing authority under this Act, with the following conditions:
1.
In urgent cases, as far as delivery is in accordance with § § 3 to 5 of the Administrative Delivery Act is not possible by means of a written or telex communication or, without prejudice to the conditions for a public service, in accordance with Section 15 of the Administrative Procurement Act, by means of a public notice take place in the press, in the radio or in any other customary and appropriate manner. In such cases, the notification shall be deemed to have been effected by the date following the announcement, unless the person concerned has made it credible that the announcement does not come to his knowledge at all or only at a later date.
2.
Orders to guide seagoing ships, inland waterway vessels and aircraft can also be made by radio message. A copy of the hardware is to be submitted to the owner or owner who is liable to pay at the same time.
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§ 48

(1) The procedure before the administrative authorities is 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) The costs incurred by the person liable for the performance of the proceedings shall be reimbursed if they were necessary for the appropriate exercise of his rights and if his application proves to be well founded. name="BJNR008150956BJNG001200315 " />

Second Section
Compensation and Replacement Performance

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§ 49

Compensation and replacement services are set by the request authorities. Non-official table of contents

§ 50

If you are entitled to compensation or replacement, the request authority has a written or a written request. It shall explain whether and which other persons may, according to his or her knowledge, claim or assert a right to compensation or to compensation. The declaration shall be sent to the person responsible for payment and to the persons designated as authorised persons. Non-official table of contents

§ 51

(1) Before determining the compensation or replacement performance, the request authority has a proposal to work towards an amicable agreement between the parties involved. The parties concerned shall be the payer and the beneficiaries known to the requesting authority.(2) If an agreement is reached, the requesting authority shall deliver it to the parties and to the parties concerned to deliver a certified copy of the document.(3) If an agreement is not reached, the request authority shall determine the amount of the compensation or the replacement performance after giving the parties the opportunity to comment.(4) The determination shall be made by written communication in which the requirements authority, the payer, the payee, the reasons for the decision and the legal remedies admissible are to be stated. It shall be notified to the parties concerned.(5) If the requirement authority is unsure of the person of the payee, it shall order that the amount of money to be paid as compensation or replacement shall be deposited without the right of withdrawal. Unofficial table of contents

§ 52

(1) The minutes of the agreement under 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 or she has become indisputable or the court has declared him enforceable for the time being.(2) Forced enforcement shall be governed by the provisions of the Code of Civil Procedure on the execution 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. Non-official table of contents

§ 53

(1) The person entitled to compensation in the event of a request pursuant to section 2 (1) (2) shall have a right to the compensation If, pursuant to Section 50, the requirement authority states that, as a result of the request, it cannot fulfil an obligation to deal with the matter or that it has been transferred to it for security, the Authority shall order that the amount of the compensation be paid is to be deposited without the right of withdrawal. The same shall apply where a third party has notified rights to the Authority from a legal relationship of the type referred to in the first sentence.(2) In the relationship between the parties concerned, the amount deposited shall be replaced by the item. In addition, the rights to the deposited amount shall be determined in accordance with the legal relationship existing between the parties. Non-official table of contents

§ 54

(1) By filing in the cases of § 51 (5) and § 53, the payer shall be subject to the payment of his/her Payment is exempted.(2) The obligation to deposit in accordance with § 51 (5) and § 53 shall not be required, in so far as an agreement of the parties concerned on the payout is proved.(3) This shall not affect other provisions on the basis of which the deposit is required or is subject to the status of the deposit. Non-official table of contents

§ 55

If the amount to be paid as compensation or replacement is to be paid in accordance with the provisions of this Act, , any person concerned may exercise his right to the deposited amount against a co-participant who denies that right, before 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 fundamental right, a mortgage or a right of registration of a person concerned, shall be subject to the following: Distribution procedures to apply the rules on the distribution of the proceeds in the case of forced auction. Non-official table of contents

§ 56

(1) The Federal Minister of Finance can 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 waive the participation. Non-official table of contents

§ 57

(1) If a notice of formal notice has been issued by the lower management authority, the Appeal proceedings have been lodged within two weeks since the date of notification of the notice of detention. The supervisory authority shall decide on the complaint.(2) The decision on the appeal shall be submitted to those involved in the determination procedure. Non-official table of contents

§ 58

(1) Due to the determination of the compensation or the replacement performance, a participant may within a time limit of two Months after the 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 request 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 Landgericht shall be responsible for the action without regard to the value of the object of the dispute. 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 domicated, the regional court shall have jurisdiction only, in the district of which the seat of the Federal Government is located.(3) The action against the person responsible for compensation or compensation shall be subject to payment of the amount requested or the amount of the claim. Amount to be allocated. The action against the person entitled to compensation or compensation shall be based on the fact that the compensation or replacement shall be fixed at the other end, with the suspension or amendment of the notice of detention.(4) In the case referred to in the second sentence of paragraph 3, the Court of First Instance may, at the request of the person concerned, declare the determination of the determination to be enforceable provisionally. 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. Non-official table of contents

§ 59

If a top federal or state authority has set the compensation or replacement performance, the lawsuit is to the ordinary court, within two months of the date of notification of the notice of detention. Non-official table of contents

§ 60

(1) The determination of compensation for benefits in favour of the armed forces referred to in § 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 October 2008). 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 armed forces referred to in § 1 (1) No. 3 are liable pursuant to § § 26 and 28, as well as the time limits for the assertion of the claims to such replacement benefits shall be replaced 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 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 to the NATO troop statute and to the additional agreements (Bundesgesetzbl. II, p. 1183). The second sentence of paragraph 1 shall apply. Nonofficial table of contents

§ 61

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§ 62

(1) If an overpayment has occurred due to advance payments to an outstanding compensation or replacement performance, the request authority has to repay the amount of the amount paid. Order repayment notice. It should be seen from the arrangement if the recovery would lead to an unreasonable hardship.(2) Where a notice of formal notice is corrected, amended or revoked and the payee is obliged to repay an amount paid on the basis of the date of the notice, the request authority shall, at the request of the payer, have the To order repayment of the amount paid on the basis of the date of receipt by repayment of the refund. The arrangement of the repayment shall be linked to the decision to make the correction, change or revocation.(3) The provisions of § § 51 to 61 shall apply in accordance with the procedure, including the enforcement of enforcement. Non-official table of contents

§ 63

The provisions of this section apply to the right to a replacement of uses (§ 17 (2) and (4)) sensual. Non-official table of contents

§ 64

For deliveries in the committing procedure, § 47 applies accordingly. Non-official table of contents

§ 65

For the costs of the fixing process, § 48 applies accordingly.

Third Part
manoeuvres and other exercises

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§ 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 shall be determined for the individual case by the competent civil administrative authorities , the provisions of this Part. The same applies to the auxiliary staff involved in the troupe, to the extent that they participate in maneuvers or other exercises of troops, as well as for the associations and units of civil protection.(2) Maneuvers or other exercises may not normally 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. Non-official table of contents

§ 67

The provisions of the first and second parts apply only to the extent that they are related to them in this part is taken. Non-official table of contents

§ 68

(1) The troops are allowed to cross land, temporarily occupy or temporarily block land.(2) Without a special consent of the beneficiary, the troops shall not exercise the rights granted to them in accordance with paragraph 1 of this Article to
1.
built plots;
2.
land-or forestry-based land or as a Water protection area has been declared to be particularly vulnerable by the competent authorities;
3.
Nature reserves, national parks, natural monuments or
4.
Sites of religious, cultural or historical importance;
5.
Cemetery;
6.
Facilities that are intended for road, railroad, waterway security, sea or air traffic, and transport airports;
7.
Assets that are intended to ensure message delivery;
8.
Ent-or irrigation systems and drainage systems;
9.
Protection against Natural forces;
10.
Facilities for water or energy supply.
Under the provisions of Article 45 (3) of the Additional Agreement on NATO troop statut as a nature reserve are to be understood as national parks.(3) Land shall be allowed to be flown in less than the otherwise permissible level, provided that the conditions for carrying out the manoeuvres expressly permit it. Non-official table of contents

§ 69

Maneuvers or other exercises are to be notified to the competent authorities in good time. It shall indicate the extent to which roads are likely 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. Non-official table of contents

§ 70

(1) The troops may use the public authorities for manoeuvres or other exercises that are registered in accordance with § 69. Use traffic routes more than usual in transport, provided that it is urgently required to achieve the purpose of the exercise with due regard to public safety and order and to the non-restrictive conditions in accordance with § 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) Crossing the tracks of railway tracks outside of the specific transitions is prohibited. However, if the requirements of the manoeuvres or other exercises require urgent consideration, individual groups may exceed the track outside the necessary precautions in accordance with the necessary precautions; the liability for all the resulting damages shall be taken over by the body in whose service the force carrying out the manoeuvre or the exercise is carried out.(3) The troops may use territories of territorial waters, provided that the conditions for carrying out the maneuvers expressly provide for this. The competent authorities may, at the request of the troops, block such sub-areas. Non-official table of contents

§ 71

(1) For the accommodation of departments, persons, animals, vehicles, weapons, equipment and other equipment The required rooms are to be made available to the troupe. The troupe has to comply with the previous purpose.(2) It is also possible to provide such rooms as temporary shelters which are normally used in a different way.(3) The available options are available to provide
in the accommodation referred to in paragraph 1. Lighting, water and heating, in the accommodation according to 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 Abs. 1 and 2 shall apply mutatily. 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. Non-official table of contents

§ 72

The carriers of local water supply systems have water available to the troops for the Supply quartier, bivouac and other needs. Section 13 (1) sentence 1, subsection 2, subsection 4 sentence 1 and (5) shall apply mutatily. Non-official table of contents

§ 73

(1) Things and services for which a notification of delivery (section 36, para. 3) has been issued may be granted pursuant to section 2 (1) of the Nos. 1, 8 and 9 for maneuvers or other exercises, if the purpose of the exercise requires it. In doing so, the military and civil interests must be weighed up in a fair way.(2) § 71 (4) applies accordingly; § 3 (1) sentence 1 shall not apply. Non-official table of contents

§ 74

The person responsible for performing the actual violence on the requested item is liable to a service. Non-official table of contents

§ 75

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

§ 76

(1) An appropriate compensation shall be granted for the services that must be provided pursuant to § § 71, 72. In the cases of § 73, § § 20 to 22 shall apply mutas to the compensation.(2) The indemnity shall be payable to the person liable to pay, unless he or she is designated as a person entitled to compensation or the requirement authority is aware that the benefit is from the property of another. 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. Non-official table of contents

§ 77

(1) For damage to land, construction facilities, roads, bridges, waterways, ports and other Transport facilities or transport equipment, including their accessories, shall be replaced by manoeuvres or other exercises. In the event of destruction, the substitute performance shall be measured according to the common value, in the case of damage after the level of the necessary costs of the restoration or repair.(2) In the event of damage to a land or forestry property by the use of maneuvers or other exercises, it is also necessary to provide a reasonable replacement for a loss of earnings as a result of the 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 has been caused.(3) If a thing left for use in accordance with § 71 or § 73 is deteriorated or damaged or if it cannot be returned, Section 26 (2) and (3) shall apply mutatiously. Non-official table of contents

§ 78

By using a property for manoeuvres or other exercises, the use of a property in such a way In the event of a loss of earnings or other loss of use, compensation shall be granted which shall compensate for this disadvantage appropriately. Non-official table of contents

§ 79

Services in accordance with § § 71, 72 are requested by authorities which, pursuant to Section 5 (1), are requested by law shall be determined. 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. Non-official table of contents

§ 80

The provisions of § 7 (1) and (2) and § 9 (2) are applicable. Non-official table of contents

§ 81

(1) The requirements of § § 35, 36 (1) to 2, § § 37, 39, 40, 44, apply to the implementation of the requirement. 46 and 47.(2) The provisions of § 23 (4), § § 29, 32 (2), § § 34, 50, 52 to 59, 60 (1) and § § 61 to 65 shall apply to the compensation in accordance with § § 76 and 78 and the replacement performance in accordance with § 77. Section 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 shall in the cases of § 78 the district court, in whose district the property is situated, is exclusively in charge of the land.(3) The compensation or replacement shall be regulated in accordance with 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. Non-official table of contents

§ 82

(1) The procedure for the retribution of the damages for which the armed forces are subject to replacement pursuant to § 77, and the time limits for the assertion of the claims for replacement shall, in so far as the deployment forces are contemplated, under 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 NATO Staff Regulations. Additional agreement on the NATO troop statute and the signature protocol, as well as Articles 6 to 15 of the Act of 18. August 1961 to the NATO troop statute and to the additional agreements (Bundesgesetzbl. II. 1183). (2) In the case of uniformed associations or units serving a country, the provisions of national law shall apply. Non-official table of contents

§ 83

If the federal government determines that the deployment capability of the armed forces is necessary, The provisions of Section 66 (2), § 68 (2) no. 1 to 5 and § § 69 and 70 (1) sentence 2 shall not apply.

Fourth Part
Penal and Penal Provisions

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§ 84

(1) Contrary to the law, who is intentional or negligent
1.
a performance that is not just requested by the delivery notification, not in good time, not properly or not completely, or which is contrary to an obligation to dent or omission on the basis of § 2;
2.
preparing the written order to prepare a performance (§ 16);
3.
contrary to one in accordance with Section 36 (4) of the obligation, a divestment or disposal shall not be displayed.
(2) Contrary to the law of order, who is
1.
without any performer, knowing the performance of another item, which is not merely requested by the notification of delivery, damaged, destroyed, unusable or destroyed;
2.
contrary to § 15 (1), the information is not provided, inaccurate, incomplete or not in time, which -existing documents are not submitted, incomplete or not submitted within the stipulated period, or which are contrary to a request pursuant to § 15 para. 2 sentence 1 or an obligation pursuant to § 15 para. 2 sentence 2.
(3) The administrative offence can be carried out with a fine up to Twenty-five thousand euros will be punished.(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 exercising the actual violence on the matter.(5) Request authorities, which are federal authorities, shall exercise the powers of the managing authority within the meaning of Section 36 (1) (1) of the Law on Administrative Offences. Non-official table of contents

§ 85

Any person who intends to thwart the requested performance shall be one of the persons referred to in Article 84 (1) (1) or (2). Acts or omissions and thereby seriously endanger the public good, shall be punished with imprisonment of up to one year or a fine. Non-official table of contents

§ 86

-

Fifth Part
Transient and Final Provisions

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§ 87

The law on 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. Non-official table of contents

§ 88

(1) If land owned by local authorities is requested under this law, then the following shall be: Compensation, if and to the extent that such land is not used for acquisition purposes, after the replacement of the continuing expenses, in particular debt interest for debt capital, operating costs and insurance contributions, as well as an appropriate 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 in so far as it exceeds the continuing expenses for the requested property.(2) In the case of property of the Federal Republic which is requested for the purpose of the armed forces or is further used in accordance with section 89 (1), compensation and compensation shall not be granted in so far as the Federal Republic of Germany is in possession of In the case of the free use of these goods by the armed forces and their members, the intergovernmental contracts have agreed to the replacement of damage to these objects.(3) Paragraph 2 shall apply to matters which were the property of the former German Reich and which are based on the Federal Act on the provisional regulation of the legal relationships of the Reich assets and the Prussian participation of the 21. July 1951 (Bundesgesetzbl. 467) and the Regulation implementing § 6 of this Law of 26. July 1951 (Bundesgesetzbl. 471) are subject to the administration of the Federal Government, mutatily. unofficial table of contents

§ 89

(1) (2) (3) apartments built for the purpose of foreign forces or their members, as well as flats which have been erected in the framework of the replacement construction programmes for old-occupation displaced persons, but have been left to the foreign armed forces or their members for use, can be without the provisions of § § 2, 3 (1) and this paragraph shall be requested. Nonofficial table of contents

§ 90

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§ 91

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§ 92

(1) In the case of things that are referred to in Article 48 (1) of the troop contract or after Article 13 of the first part of the Treaty establishing the rules of war and occupation on the use or use of these questions was taken into account with effect from the 5. May 1955 12 o'clock the compensation and replacement performance in accordance with the provisions of this law. If the person entitled to compensation has so far been paid a higher current compensation than would be paid in accordance with § 20, the compensation shall continue to be granted at that level.(2) The maneues, which are after the 5. The law of May 1955, at 12 o'clock, shall be subject to the provisions of this Act.(3) The time limit referred to in Article 29 (2) shall not apply in the cases referred to in paragraphs 1 and 2 before the 1. Until the date of entry into force of this Act, a reasonable payment of the deposit has been made. Non-official table of contents

§ 93

On land plots that are used by the authorities of a participating power to establish not only temporary purposes , and on land which has been used or treated in such a way by the authorities of a participating power for the purpose of protection, § § 89 to 92 shall not be used Application. Nonofficial table of contents

§ 94

- unofficial Table of contents

§ 95

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 may not be used for services under this Act. Non-official table of contents

§ 96

The Senate of the Free and Hanseatic City of Hamburg is authorized to depart from § 57 (1) by means of a legal decree. Regulation to be taken. Non-official table of contents

§ 97

As far as the provisions of this law are applicable, the fundamental right of inviolability of the home (Article 13 of the Basic law), this fundamental right is restricted.