Law implementing the Hague Convention of 13 January 2000 on the International Protection of Adults (Adult Protection Agreement-Implementing Law-ErwSÜAG)

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ErwSÜAG

Date of completion: 17.03.2007

Full quote:

" Adult protection income implementation law of 17 March 2007 (BGBl. 314; 2009 II p. 39), which is based on Article 4 of the Law of 18 February 2013 (BGBl. I p. 266).

Status:	Amended by Art. 4 G v. 18.2.2013 I 266
The G is gem. Bek. v. 12.12.2008; 2009 II 39 mWv 1.1.2009 entered into force

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: In future, in force + + +) 

  

The G was decided as Article 1 of the G v. 17.3.2007 I 314 by the Bundestag with the consent of the Bundesrat. It occurs gem. Article 3 of this Act shall enter into force on the date on which the Hague Convention of 13 January 2000 on the international protection of adults (BGBl. 323), in accordance with Article 57 thereof, enters into force on behalf of the Federal Republic of Germany.
The date on which the Hague Convention enters into force for the Federal Republic of Germany in accordance with its Article 57 shall be published in the Federal Law Gazan. Unofficial table of contents

Content Summary

 Section 1 
 Central Authority 
 § 1 Determination of the Central Authority 
 § 2 Translations on incoming requests 
 § 3 Translations at outgoing requests 
 § 4 Measures of the central authority 
 § 5 Judicial administrative procedure; remuneration for translations 
  
 Section 2 
 Jurisdiction and concentration of jurisdiction 
 § 6 Sachliche and local jurisdiction; concentration of competence 
 § 7 Concentration of responsibility for other care matters 
  
 Section 3 
 Recognition of recognition, enforceable declaration, 
 Consultation procedures and certificates 
 Section 8 General procedural rules for the determination of recognition 
 and enforceable declaration 
 Section 9 Binding effect of the determination of recognition 
 Section 10 Enforcement Clause 
 Section 11 Repeal or amendment of decisions on the 
 Declaration of recognition or declaration of enforceable 
 § 12 Contradiction in the consultation procedure 
 § 13 Certificates on domestic protection measures   

Section 1
Central Authority

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§ 1 Determination of the Central Authority

Central Authority pursuant to Article 28 of the Hague Convention of 13 January 2000 on the International Protection of Adults (BGBl. 2007 II p. 323-Convention) is the Federal Office of Justice (Bundesamt für judiciary). Unofficial table of contents

§ 2 Translations on incoming requests

(1) The Central Authority may refuse to take action if a communication from another Contracting State is not written in German or from a translation into the German language or, if such a translation is difficult. is not accompanied by a translation into the English language. (2) The Central Authority may commission the necessary translations. Unofficial table of contents

§ 3 Translations at outgoing requests

If an applicant procures necessary translations for applications to be dealt with in another Contracting State, not itself, the Central Authority shall arrange for the translations. Unofficial table of contents

§ 4 Measures of the Central Authority

(1) The Central Authority operates directly with all competent authorities in Germany and abroad. (2) The Central Authority shall forward communications addressed to the Central Authority or any other authority in another Contracting State to the Central Authority. further. Communications from another Contracting State shall forward it immediately to the competent German body and inform it of any measures already taken. (3) The Central Authority shall take all necessary measures, including the Intervention by police enforcement authorities in order to identify the place of residence of the adult in need of protection, if it is not known and there is evidence that the adult is located in the country. To the extent necessary for the determination of the place of stay of the adult, the Central Authority at the Kraftfahrt-Bundesamt shall collect holding data in accordance with § 33 (1) sentence 1 no. 2 of the Road Traffic Act. Under the conditions set out in the first sentence, the Central Authority may arrange for a tendering procedure to be issued by the Bundeskriminalamt (Federal Criminal Police Office) and the storage of a search engine in the central register. To the extent that the Central Authority includes other bodies for the purpose of determining their residence, they shall provide them with the personal data necessary for the implementation of the measures, which may only be used for the purpose for which they are transmitted. . Unofficial table of contents

§ 5 Judicial administrative procedure; remuneration for translations

The activities of the Central Authority shall be considered as judicial administrative procedures. The amount of the remuneration for the translations requested by the Central Authority is governed by the Justice and Compensation Act.

Section 2
Jurisdiction and concentration of jurisdiction

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§ 6 Sachliche and local jurisdiction; concentration of competence

(1) The care court in whose district a Higher Regional Court has its registered office is responsible for the district of this Oberlandesgericht for

1.

the recognition or non-recognition of a measure taken in another Contracting State in accordance with Article 23 of the Convention;

2.

the declaration of enforcement of a measure taken in another Contracting State in accordance with Article 25 of the Convention; and

3.

the consultation procedure provided for in Article 33 of the Convention.

The District Court of Schöneberg in Berlin is responsible for the district of the Chamber Court. (2) The provincial governments are empowered to exercise the jurisdiction under paragraph 1 by means of a legal decree to another court of the Higher Regional Court, or, if several Upper Regional Courts are established in one country, to be assigned to a care court for the districts of all or several Higher Regional Courts. They may transfer the authorisation to the Land Justice Administrations. (3) Local authority for the procedures referred to in the first sentence of the first sentence of paragraph 1, No. 1 and 2, shall be the Court of Supervisors in whose jurisdiction the person concerned shall be responsible for the application of the application. habitual residence. If the person concerned does not have a habitual residence in the country or if such a stay is inconceivable, the care court is responsible for the need for care in the area of responsibility. If there is no jurisdiction under sentences 1 and 2, the competent court of care in the district of the Court of Appeal shall be responsible for the local authority. In the case referred to in the first sentence of paragraph 1, the Court of Supervisors shall be responsible for the place in which the person concerned is to be placed under the authority of the requesting authority. (4) Article 147 of the Introductory Act on the Civil The statutory provisions shall apply accordingly. Unofficial table of contents

§ 7 Concentration of responsibility for other care matters

(1) The Court of Supervisors, in which proceedings referred to in the first sentence of Article 6 (1) (1) are pending, shall, from that date, apply to all matters relating to the same person concerned, including the provisions of Section 35 of the Law on the Procedures in family matters and in matters of voluntary jurisdiction, as well as section 9 of Book 1 of the Law on the Procedure in Family Matters and in the matters of voluntary jurisdiction. The effect of the first sentence shall not occur if the application for the determination of recognition or the declaration of enforceable form is manifestly inadmissible. It shall not apply as soon as the court in question has no jurisdiction as a result of an indisputable decision; proceedings for which the court or tribunal shall lose its jurisdiction shall be submitted by its own motion to the competent court of law. The decision to issue the decision is indisputable and binding on the court of law declared responsible. (2) Another court of care in which a matter of care in the first legal proceedings concerning the same person concerned is pending or is pending, has the following: The Court of Appeal shall, on its own account, submit its proceedings to the competent authority competent pursuant to paragraph 1, first sentence The decision to issue the decision is indisputable. (3) The care court, which is responsible for a case in accordance with paragraph 1 or paragraph 2, may, for important reasons, issue it to the competent court of care in accordance with the general rules, or if this does not lead to a disproportionate delay in the procedure. As a general rule, it should be considered as a general rule if the particular instrument of the first-mentioned court is not required or no longer required for the proceedings. The decision on the charge shall be indisputable and binding on the court declared jurisdiction. (4) § 273 of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction remains unaffected. (5) Article 147 of the Introductory Act to the Civil Code shall apply accordingly.

Section 3
Declaration of recognition, declaration of enforceable procedures, consultation procedures and certificates

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Section 8 General procedure for the determination of the recognition and the declaration of enforceable

(1) The procedure laid down in Articles 23 and 25 of the Convention shall be governed by the provisions of Book 1 of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction. § § 275, 276, 297 (5), § § 308, 309 and 311 of the Act on the Procedure in Family Matters and in the matters of voluntary jurisdiction shall be applied accordingly. (2) The court shall consult the person concerned in person if the A measure to be recognised or to be declared enforceable in respect of a national measure within the meaning of Section 312 of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction, an investigation of the Health status, a cure or a medical procedure in the sense of § 1904 of the Civil Code or a sterilization to be carried out in the country. Incidentally, the court should personally listen to the parties concerned. § 278 (3) to (5) of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction applies accordingly. (3) The Court of First Instance may consult the competent authority of the national competent authority if it requires the person concerned to or if it serves the purpose of the facts. The hearing of others is at the discretion of the Court of First Instance. (4) The decision of the Court of First Instance shall be justified. (5) The decision shall be known to the person concerned and, if one is appointed, to the maintainer or to a person with comparable duties. . If the measure declared or declared enforceable is a domestic accommodation, the decision shall also be made known to the head of the institution in which the person concerned is to be accommodated. § § 288 and 326 of the Act on the Procedure in Family Matters and in the matters of voluntary jurisdiction shall apply accordingly. (6) The decision shall be subject to the complaint. § § 303 and 305 of the Act on the Procedure in Family Matters and in the matters of voluntary jurisdiction shall apply accordingly. (7) The decision shall take effect only with its legal force. In the event of a risk of default, the Court may order the immediate effectiveness of the decision. Unofficial table of contents

Section 9 Binding effect of the determination of recognition

The finding under Article 23 of the Convention, that the conditions for recognition are available or not, is binding on the courts and administrative authorities. Unofficial table of contents

Section 10 Enforcement Clause

(1) A title from another Contracting State which is enforceable there and requires enforcement in the territory of the country shall be declared enforceable in accordance with Article 25 of the Convention and shall be declared enforceable on application by means of an enforcement clause (2) § 20 (1) sentences 1 and 2 as well as § 23 of the International Family Law Procedure Act shall apply accordingly. Unofficial table of contents

§ 11 Repeal or amendment of decisions on the determination of recognition or declaration of enforceable

(1) If a measure taken in another Contracting State is repealed or amended in that State and the person concerned is no longer able to invoke this fact in the proceedings pursuant to Article 6 (1) (1) or (2), it may cancel the proceedings. or change the decision on the determination of the recognition or the declaration of enforceable in a special procedure. § § 8 and 9 apply accordingly. (2) For the decision on the application, the care court is solely responsible, which in the first legal suit has decided on the recognition determination or enforceable declaration of enforceable. Unofficial table of contents

§ 12 Contradiction in the consultation procedure

(1) The Court of First Instance shall in particular, in accordance with Article 33 (2) of the Convention, object to an accommodation in Germany where:

1.

the implementation of the intended accommodation is contrary to the well-being of the person concerned, in particular because it does not have a special bond with the country concerned,

2.

the foreign authority does not submit an expert opinion from an expert to the effect that the intended accommodation is necessary,

3.

a reason for a failure to recognise the recognition referred to in Article 22 (2) of the Convention is evident,

4.

the person concerned has not been given a legal hearing in the foreign proceedings,

5.

a necessary authorisation from the Foreigners Authority grounds, or

6.

the assumption of the costs of accommodation is not regulated.

(2) In the case of accommodation connected with deprivation of liberty or of a measure within the meaning of Article 1906 (3) or (4) of the Civil Code, the Court of First Instance shall, without prejudice to paragraph 1 of Article 33 (2) of the Convention, speak against: the request shall be made if:

1.

in the requesting State, no court or tribunal shall decide on the action requested; or

2.

in the case of the facts notified under national law, the arrangement of the measure requested would not be admissible.

(3) The court may personally hear the person concerned. (4) The court may hold an exchange of views with the requesting authority and ask for additional information. (5) The opposition under Article 33 (2) of the Convention is the the requesting authority shall immediately be notified. The decision to refrain from a contradiction shall be made known to the person concerned himself and, if such a person is appointed, to the supervisor or to a person with comparable tasks and to the head of the institution in which the person concerned is responsible. is to be accommodated. The decision is unquestionable. (6) Moreover, the proceedings are subject to § § 316, 317 (1) sentence 1, para. 4, 5, § 318, 325 (1) and § 338 of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction as well as § 8 (1) sentence 1, para. 3 and 4. Unofficial table of contents

§ 13 Certificates on domestic protection measures

(1) The certificate of a domestic protection measure referred to in Article 38 of the Convention shall be certified by the official of the office of the Court of First Instance and, if the proceedings are pending before a higher court, by the competent authority of the Court of First Instance. Court officials of the office of this court are issued. (2) § 319 of the Code of Civil Procedure shall apply accordingly.