Introduction Act To The Law About The Foreclosure And The Receivership

Original Language Title: Einführungsgesetz zu dem Gesetz über die Zwangsversteigerung und die Zwangsverwaltung

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Introductory Act to the Law on Forced Auction and Forced Administration

Non-Official Table of Contents


Date of Enforcement: 24.03.1897

Full Quote:

" Introduction Law to the Law on the forced auction and the compulsory administration in the revised version published in the Bundesgesetzblatt part III, outline number 310-13, the latest by Article 31 of the Law of 17. December 2008 (BGBl. I p. 2586) has been amended "

:Last modified by Art. 31 G v. 17.12.2008 I 2586

For details, see the Notes


(+ + + text evidence application: 1) menu for details. 7.1979 + + +) Non-official table of contents

§ 1

(1) The law on forced auction and forced administration occurs as far as the ships are , at the same time as the Civil Code, in addition, for each land register, with the date in which the land register is to be regarded as being laid down.(2) The provisions of Article 1 (2), Article 2, 50, 55 of the Introductory Act to the Civil Code shall be applicable. unofficial table of contents

§ 2

(1) Insofar as reservations are made in the Introductory Act to the Civil Code in favor of the Land Laws, they also apply to the regulations of the state laws on forced auction and forced administration.(2) However, the provisions of national law shall not apply, according to which the landscape and rituals credit institutions for the right to older than two-year arrears of recurring services are entitled to a preroe of the provisions of § 10 No 1 to 6 of the law on forced auction and compulsory administration is settled. Non-official table of contents

§ 3

The rules referred to in Article 113 of the Introductory Act to the Civil Code remain shall not be affected in so far as they grant a right of satisfaction from the property to the claim of the person entitled to compensation or the third party who has made the compensation and determine the rank of that right. However, the right to a recurrent performance may be settled only with the restriction referred to in § 2 (2). Non-official table of contents

§ 4

(1) State law can be used to determine that certain public burdens are in the range of others.(2) Non-official table of contents

§ 5

By the law of the Land, it can be determined that the application for forced auction shall be subject to an extract from a tax book shall be attached. Unofficial table of contents

§ 6

The Land Justice Department may arrange for the determination of the auctioning date to be other than to contain the information on the property required by Section 38 of the Law on Forced auction and the compulsory administration. Non-official table of contents

§ 7

The existing state regulations remain untouched, according to which other regulations other than those in § § 39, 40 of the law on the forced auction and the compulsory administration of the publication of the dates of the appointment. Non-official table of contents

§ 8

(1) By country law, it is possible to determine the compulsory auction, that prior to the entry into force of the In the case of a mortgage registered in the Civil Code, account must be taken of the lowest bids and the drawing up of the subplan only on the basis of a notification.(2) In such a case, the invitation to the application of claims arising out of the mortgages referred to in § 37 (4) of the Law on Forced Auction and the Forced Administration must be extended. Non-official table of contents

§ 9

(1) Insofar as a law based on the law of the country is based on a property that does not exist in a mortgage, the right to Effectiveness against third parties of the registration is not required or if a serviceability or a reallast is registered as bodywork, bodyguard, an old part or an excerpt, the law remains in accordance with the law of the Federal State of the Forced shall be without prejudice, even if it is not taken into account in the determination of the lowest bid.(2) The extinguisher of such a right shall be determined at the request of a party as an auctioning condition if the continued existence would prejudice the right of the person concerned to advance or equal rights; the The consent of another participant is not required. Non-official table of contents

§ 9a

(1) In the territory referred to in Article 3 of the agreement, the area referred to in Article 3 of the agreement shall be 31. The seizure of the property, ordered in December 2000, is also the building ownership referred to in Article 233 (2b), (4) and (8) of the Introductory Act to the Civil Code. After the expiry of the period referred to in the first sentence, the contract shall also expire the claims referred to in Article 233 (2c) (2) of the Introductory Act to the Civil Code, unless a note is entered in the land register for the Civil Code. or have been notified in the procedure referred to in paragraph 2. Sentence 2 shall apply mutatily to claims for retransmission in accordance with the Assets Act.(2) The owner of the building is subject to the rights referred to in § 28 of the Law on Forced auction and the Forced Administration. The claims referred to in Article 233 (2c) (2) of the Introductory Act to the Civil Code, unless they are recorded in the land register for the property, are at the latest in the date of the auction before the invitation to the Submission of offers to be submitted. Section 3b (2) of the Property Law shall remain unaffected.(3) The decision to place the forced auction shall be sent to the user. If it is not known, if a carer is not appointed, a representative shall be appointed at the request of the court in the appropriate application of Article 233 (2) (3) of the Introductory Act to the Civil Code. A foreclosure note is also to be entered into an existing building land register for building property on the property. Non-official table of contents

§ 10

The statutory provisions remain untouched, according to which the compulsory auction for bids municipal authorities as well as certain credit institutions and savings banks cannot be required to provide security. Non-official table of contents

§ 11

By country law, the law on forced auction can be used, without prejudice to § 112 (2) sentence 4 of the Act on the Forced auction and compulsory administration, it is determined that the value of the land is to be determined and according to which principles. Non-official table of contents

§ 12

The state laws can apply to cases in which the forced auction or the forced administration is By way of derogation from the provisions of § § 435, 437 of the Law on the Procedure in Family Matters and in the Matters of Voluntary Work, the procedure for the publication of the bid and the time limits for the bid shall be required. Determine jurisdiction. Nonofficial table of contents

§ 13

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§ 14

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§ 15