Law On The Implementation Of The Hague Convention Of 13 January 2000 On The International Protection Of Adults

Original Language Title: Gesetz zur Ausführung des Haager Übereinkommens vom 13. Januar 2000 über den internationalen Schutz von Erwachsenen

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The law implementing the Hague Convention of 13. January 2000 on International Protection of Adults (Adult Protection)

Non-official table of contents

ErwSÜAG

Date of expend: 17.03.2007

Full Quote:

" Adult Protection of the 17-year Adult Protection-Execution Act. March 2007 (BGBl. 314; 2009 II p. 39), as defined by Article 4 of the Act of 18. February 2013 (BGBl. I p. 266) has been amended "

:Modified 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 details, see the menu under Notes

Footnote

(+ + + Text evidence from: In future in Kraft + + +)

The G was defined as the article 1 of the G v. 17.3.2007 I 314 approved 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 June 2008 is adopted. 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 day on which the Hague Convention enters into force for the Federal Republic of Germany in accordance with its Article 57 is to be published in the Federal Law Gazans. Non-official table of contents

Content summary

 Section 1
Central Authority
§ 1 Determination of the Central Authority Authority
§ 2 Translations on incoming requests
§ 3 Translations at outgoing requests
§ 4 Measures of the central authority
§ 5 Judicial management procedure; Compensation for translations

Section 2
Jurisdiction and concentration of jurisdiction
§ 6 Sachliche and local jurisdiction; jurisdiction concentration
§ 7 Responsibility concentration for other care matters

Section 3
Recognition determination, enforceable declaration,
Consultation procedures and certifications
§ 8 General procedure for the recognition of the recognition
and Declaration of enforceability
§ 9 Binding effect of the recognition determination
§ 10 Enforcement Clause
§ 11 Repeal or modification of decisions on the
Recognition determination or enforceability of the enforceable declaration
§ 12 Contradiction in the consultation procedure
§ 13 Certificates of domestic protection measures

Section 1
Central Authority

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§ 1 Determination of the Central Authority

Central Authority under 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). Non-official table of contents

§ 2 Translations on incoming requests

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

§ 3 Translations at outgoing requests

creates translations required by an applicant for applications that are in to a different State Party, not itself, the Central Authority shall arrange for the translations. Non-official table of contents

§ 4 Measures of the Central Authority

(1) The Central Authority operates directly with all the competent authorities in the in-and Abroad.(2) The Central Authority shall forward communications addressed to the Central Authority or any other authority in another Contracting State. Communications from another Contracting State shall forward it immediately to the competent German body and shall inform it of any measures already taken.(3) The Central Authority shall take all necessary measures, including the intervention of law 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 to that effect; that the adult is 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. . Non-official table of contents

§ 5 Judicial management procedure; Remuneration for translations

The activities of the Central Authority shall be considered as: Judicial administrative procedure. 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 jurisdiction Jurisdiction concentration

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§ 6 Sachliche and local jurisdiction; jurisdiction concentration

(1) The care court in whose district a Higher Regional Court has its registered office is responsible for the district of this Higher Regional Court for
1.
finding the recognition or non-recognition of a measure taken in another Contracting State under Article 23 of the Convention,
2.
the enforceability of a measure taken in another Contracting State pursuant to Article 25 of the Convention, and
3.
the consultation procedure provided for in Article 33 of the Convention.
The district court of Schöneberg is responsible for the district court in Berlin.(2) The State Governments shall be authorized to exercise the jurisdiction referred to in paragraph 1 by a decree of law of the Higher Regional Court District Court or, if several Oberlandesgericht (Higher Regional Courts) are established in one country, to a Court of Supervisors for the districts of all or several Higher Regional Courts. You can transfer the empowerment to the State Justice Administrations.(3) The local authority responsible for the procedures referred to in the first sentence of the first sentence of the first sentence of paragraph 1 shall be the Court of Supervisors, where the person concerned has his habitual residence in the case of the application. 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 proposal of the requesting authority.(4) Article 147 of the Introductory Act to the Civil Code applies accordingly. Non-official table of contents

§ 7 jurisdiction concentration for other care matters

(1) The care court where a sentence 1 of section 6 (1) of the care committee is , from that date, shall be applicable to all matters relating to the same persons concerned, including the provisions of Article 35 of the Act on the Procedure in Family Matters and in the matters relating to the matters referred to in 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 apply 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 which has jurisdiction over the matter.(2) In the case of another court of care in which the person concerned is subject to the same person concerned in the first legal proceedings or is pending, the proceedings of that court shall, on its own account, be submitted to the competent court of care in charge of the first sentence of paragraph 1. The discharge decision shall be indisputable.(3) The Court of Supervisors, which is responsible for a case in accordance with paragraph 1 or paragraph 2, may, for important reasons, give or return to the Court of Supervisors responsible in accordance with the general rules, in so far as this does not result in a 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 responsible for 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 applies accordingly.

Section 3
Recognition assessment, Declaration of Enforcement, Consultation procedures and certificates

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§ 8 General rules of procedure for the recognition of recognition and enforceable declaration

(1) The procedures 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 have to hear the person concerned in person if the measure to be recognised or declared enforceable is a measure to be taken domestily in the sense of Section 312 of the Law on the Procedure in Family Matters and in the Matters of voluntary jurisdiction, an examination of the state of health, a medical treatment or a medical intervention in the sense of § 1904 of the Civil Code or a sterilization to be carried out domestiy. Incidentally, the court should personally listen to the parties concerned. Section 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 may consult the competent care authority in the country if it requires the person concerned or if it serves the purpose of determining 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 made known to the person concerned and, if such a decision is made, to the supervisor or to a person with comparable tasks. 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 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. Non-official table of contents

§ 9 Binding effect of the recognition determination

The determination provided for in Article 23 of the Convention that the The conditions for the recognition or not being met are binding on the courts and administrative authorities. Non-official table of contents

§ 10 Enforcement Clause

(1) A title from another State Party that is enforceable there and in the home country. In accordance with Article 25 of the Convention, enforcement actions shall be declared enforceable in such a way that it shall be accompanied by an enforcement clause on request.(2) § 20 (1) sentence 1 and 2 as well as § 23 of the International Family Law Procedure Act shall apply accordingly. Unofficial table of contents

§ 11 Revocation or modification of decisions on the recognition or enforceable declaration

(1) a measure taken in another Contracting State in that State has been repealed or amended in that State and the person concerned is no longer able to invoke that fact in the proceedings in accordance with Article 6 (1) (1) or (2) of the Treaty, the person concerned shall be entitled to waive the suspension or To change the decision on the determination of the recognition or to make a declaration of enforceable in a special procedure. § § 8 and 9 shall apply accordingly.(2) The decision on the application shall be exclusively the responsibility of the Court of Supervisors, which has decided on the determination of the recognition or the declaration of enforceable law in the first legal proceedings. Non-official table of contents

§ 12 Contradiction in the consultation procedure

(1) The court shall, in particular, in accordance with Article 33 (2) of the Court of Justice Convention of domestic accommodation, if
1.
is 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 give an opinion of a
3.)
3.
a reason for the recognition of the recognition referred to in Article 22 (2). of the Convention,
4.
has not been granted a legal hearing to the person concerned in the foreign proceedings,
5.
opting for permission from the Foreigners Authority required reasons, or
6.
the acquisition of the Costs of accommodation are not regulated.
(2) In the case of accommodation connected with deprivation of liberty, or a measure within the meaning of § 1906 (3) or (4) of the Civil Code, the Court shall speak without prejudice to the Paragraph 1, in accordance with Article 33 (2) of the Convention against the request, if
1.
in the requesting State on the action requested no court decides or
2.
on the basis of the facts notified under national law, the order of the requested The court may personally listen to the person concerned.
(3)(4) The court may hold an exchange of views with the requesting authority and ask for additional information.(5) The opposition referred to in Article 33 (2) of the Convention shall be immediately notified to the requesting authority. 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 shall be indisputable.(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 shall apply accordingly. Non-official table of contents

§ 13 Certificates of domestic protection measures

(1) The certificate of a domestic protection measure after Article 38 of the Convention shall be issued by the official of the office of the Court of First Instance and, if the proceedings are pending before a higher court, by the official of the Office of the Court of First Instance of that court.(2) § 319 of the Code of Civil Procedure shall apply accordingly.