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Introduction Act to the law about the foreclosure and the receivership ZVGEG Ausfertigung date: 24.03.1897 full quotation: "introduction Act to the Act on the foreclosure and receivership in the in the Federal Law Gazette Part III, outline number 310-13, adjusted version published recently by article 31 of the Act of December 17, 2008 (BGBl. I S. 2586) has been changed" stand: last modified by article 31 G v. 17.12.2008 I 2586 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from validity) : 1 7.1979 +++) § 1 (1) occurs, as far as the ships at the same time with the civil code, moreover for each land registry district at the time in force, in which the land as applied is the law about the foreclosure and the receivership.
(2) articles 1 para 2, article 2, 50, 55 of the introductory act to the German civil code find appropriate application.
Section 2 (1) as far as reservations are made in the introduction Act to the civil code for the benefit of the laws of the country, they also apply to the provisions of State laws about the foreclosure and the receivership.
(2 the State regulations override which no. 1 to 6 of the Act on the foreclosure and the receivership a franchise before section 10 described the landscape and noble credit institutions for entitlement to older than two years residual of recurring services occur) but claims is enclosed.
§ 3 in the article 113 of the introductory act to the German civil code without prejudice also to the extent, grant a right to satisfaction of the plot and determine the rank of this law for the claim of the party entitled to compensation or the third party which has paid the compensation, designated provisions. But a franchise only with the restriction referred to in § 2 paragraph 2 cannot be settled the claim on residual of recurring services.
§ 4 (1) by State law can be determined that certain public burdens do the others in the range.
(2) § 5 by State law can be determined that the application on foreclosure should be accompanied an excerpt from a tax book.
Section 6 by the land administration of Justice can be arranged, that the determination of the date of the auction should include other than the prescribed information about the plot in the section 38 of the Act about the foreclosure and the receivership.
7 without prejudice to § the State regulations, which other than that have 40 of the Act about the foreclosure and the receivership to be designated publications of determining the dates in §§ 39.
Article 8 (1) by State law can be determined for the foreclosure that the mortgages registered prior to the entry into force of the civil code in determining the lowest bid and when the Division was established only on the basis of an application are taken into account.
(2) in such a case it must be extended prompt prescribed no. 4 of the Act about the foreclosure and the receivership in § 37 on the registration of the claims from the designated mortgages.
§ 9 (1) If a right justified under national law to a property that does not exist in a mortgage, registration is not required to the effectiveness against third parties or if an easement, or a real load than body stint, body breeding, turbos or excerpt is registered, remains untouched under the Land Act of the forced sale the right, even if it is not taken into account in determining the lowest bid.
(2) the termination of such a right is requested by one of the parties to be designated auction condition, if by the persistence of a the right going forward or standing just right of the party would be affected the approval of other parties is not required.
section 9a (1) in the area referred to in article 3 of the Unification Treaty includes the seizure of the land ordered after December 31, 2000 in article 233 § 2 b, 4, and 8 of the introductory act to the civil law book called building property. After expiry of the period referred to in sentence 1 in article 233 go out through the contract section 2 c paragraph 2 of the introductory act to the civil law book known claims, except that a notation in the land register is registered for this or these are applied in the proceedings referred to in paragraph 2. Sentence 2 shall apply mutatis mutandis to claims for restitution under the property Act.
(2) the owner of the building property entitled to rights referred to in section 28 of the Act about the foreclosure and the receivership. The designated claims are 233 § 2 c paragraph 2 of the introductory act to the civil law book article, provided that she not recorded in the land register applied for the land are to log on at the latest in the auction date before the invitation to tender. § 3 para 2 of the property law remains unaffected.
(3) the decision by the the foreclosure is ordered, shall be notified to the user. This is not known, it is, if not a nurse ordered, at the request of the Court in analogous application of article 233 article 2 par. 3 of the introductory act to the civil law beech a representative to order. A foreclosure notice is to enter in an existing building land for building property on the property.
10 § prejudice the State regulations, according to which in the forced sale for bids from local authorities, as well as certain credit institutions and savings banks bailout not may be required.
§ 11 by State law can be determined for the forced sale, without prejudice to § 112 para 2 sentence 4 of the law on the foreclosure and the receivership, that and according to what principles to determine the value of the land.
§ 12 of the laws of the land can for the cases in which the forced sale or receivership a line-up procedure is required, the way of publication of the contingent and the roster deadlines by way of derogation from the provisions of §§ 435, 437 of the law on the procedure in family matters and in matters of voluntary jurisdiction determine.
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