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Law on the procedure in family matters and in the matters of voluntary jurisdiction

Original Language Title: Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit

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Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction (FamFG)

Unofficial table of contents

FamFG

Date of completion: 17.12.2008

Full quote:

" Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction of 17 December 2008 (BGBl. I p. 2586, 2587), most recently by Article 11 of the Law of 29 June 2015 (BGBl I). 1042).

Status: Last amended by Art. 11 G v. 29.6.2015 I 1042

For more details, please refer to the menu under Notes

Footnote

(+ + + Proof of text: 1.9.2009 + + +) 
(+ + + For application cf. § § 130 (3), § 131 G 361-6 v. 23.7.2013 I 2586 + + +)

The G was decided as Article 1 of the G 315 -24/1 v. 17.12.2008 I 2586 (FGG-RG) of the Bundestag. It occurs gem. Article 112 (1) of this Act entered into force on 1 September 2009.
Section 376 (2) of the Act on the Procedure in Family Matters and in matters of voluntary jurisdiction of 17.12.2008 I 2586 shall take place in accordance with the provisions of the Law of the European Union. Article 14 (1) G v. 25.5.2009 I 1102 by way of derogation from Article 112 (1) of the Law of 17.12.2008 I 2586 in force on 29.5.2009. Unofficial table of contents

Content Summary


Book 1
General Part
Section 1
General provisions

§ 1 Scope
§ 2 Local competence
§ 3 Dismissal
§ 4 Transfer to another court
§ 5 Jurisdiction Rule
§ 6 Exclusion and rejection of court personnel
§ 7 Participants
§ 8 Particialability
§ 9 Procedural capability
§ 10 Plenipotentiaries
§ 11 Procedural power
§ 12 Beistand
§ 13 File View
§ 14 Electronic file; electronic document
§ 14a Forms; Regulation empowerment
§ 15 Announcement; informal communication
§ 16 Deadlines
§ 17 Reinstatation to the previous level
§ 18 Request for re-establishment
§ 19 Decision on reinstatation
§ 20 Process connection and separation
Section 21 Suspension of proceedings
Section 22 Withdrawal of application; termination
Section 22a Communications to the family and care courts

Section 2
Procedure in the first legal proceedings

Section 23 Procedural motion
§ 24 Stimulation of the procedure
Section 25 Applications and declarations concerning the minutes of the office
Section 26 Investigation of officals
§ 27 Participation of stakeholders
§ 28 Procedural management
§ 29 Evidence Survey
§ 30 Formal evidence
Section 31 Credibility
Section 32 Date
§ 33 Personal appearance of the participants
Section 34 Personal hearing
§ 35 Compulsory appropriations
§ 36 Comparison
§ 36a Mediation, out-of-court conflict resolution
Section 37 Basis of decision

Section 3
Decision

§ 38 Decision by decision
§ 39 Right of appeal
§ 40 More effective
Section 41 Notice of decision
§ 42 Corrigendum to the decision
Section 43 Completion of the decision
Section 44 Remedy in case of violation of the right to be heard
§ 45 Formal legal force
Section 46 Right-of-law
§ 47 Effective legal transactions
§ 48 Amendment and resumption

Section 4
Injunction

§ 49 Injunction
§ 50 Responsibility
Section 51 Procedure
Section 52 Introduction of the main objective
Section 53 Enforcement
§ 54 Annulment or amendment of the decision
§ 55 Suspension of enforcement
§ 56 Override
Section 57 Legal remedies

Section 5
Legal remedies
Subsection 1
Complaint

Section 58 Statuality of the complaint
§ 59 Rights of appeal
§ 60 Complaints of minors
Section 61 Complaint value; Admission complaint
Section 62 Statuality of the complaint after the main proceedings have been completed
§ 63 Notice of appeal
Section 64 Lodging of the complaint
Section 65 Grounds for appeal
Section 66 Connection complaint
Section 67 Renunciation of the complaint; withdrawal of the complaint
Section 68 Proceedings of the appeal procedure
Section 69 Appeal Decision

Subsection 2
Legal complaint

Section 70 Statuality of the legal complaint
Section 71 Time-limit and form of legal complaint
Section 72 Reasons for the appeal
Section 73 Follow-up complaint
Section 74 Decision on the legal complaint
Section 74a Reject Decision
§ 75 Jump Rights complaint

Section 6
Procedural Cost Aid

Section 76 Requirements
Section 77 Approval
Section 78 Advising of a lawyer
§ 79 (dropped)

Section 7
Cost

§ 80 Amount of the cost obligation
§ 81 The principle of cost-effectiveness
Section 82 Cost Decision Time
Section 83 Cost of comparison, execution and withdrawal
Section 84 Legal expenses
§ 85 Cost-setting

Section 8
Enforcement
Subsection 1
General provisions

§ 86 Enforcement Title
Section 87 Procedure; complaint

Subsection 2
Enforcement of
Decisions on handing out
of persons and the regulation of the handling

Section 88 Principles
§ 89 Arrangement appropriations
§ 90 Application of immediate coercion
Section 91 Judicial Explore Decision
§ 92 Enforcement proceedings
Section 93 Enforcement of enforcement
Section 94 Eidesstately Insurance

Subsection 3
Enforcement
according to the Code of Civil Procedure

§ 95 Application of the Code of Civil Procedure
§ 96 Enforcement in proceedings under the Act on the Protection of Violation and the Matters of Marriage
§ 96a Enforcement in cases of descent

Section 9
Foreign-related procedures
Subsection 1
Relationship to
agreements in international law and
Acts of the European Community

Section 97 Priority and Untouchedness

Subsection 2
International jurisdiction

Section 98 Matrimonial matters; combination of divorce and subsequent singing
§ 99 Child Matters
§ 100 Root causes
§ 101 Adoptions
Section 102 Supply balancers
Section 103 Life Partnerships
Section 104 care and accommodation; care for adults
Section 105 Other procedures
Section 106 No exclusive competence

Subsection 3
Recognition and
Enforceability of foreign decisions

Section 107 Recognition of foreign decisions in matrimonial matters
Section 108 Recognition of other foreign decisions
§ 109 Recognition obstacles
§ 110 Enforceability of foreign decisions

Book 2
Procedures in family matters
Section 1
General provisions

Section 111 Family matters
Section 112 Family disputes
Section 113 Application of rules of the Code of Civil Procedure
Section 114 Representation by an attorney; attorney
§ 115 Dismissal of attack and defence equipment
Section 116 Decision by decision; effectiveness
Section 117 Legal remedies in matrimony and family disputes
Section 118 Resume
§ 119 Injunction and Arrest
§ 120 Enforcement

Section 2
Procedure
in matrimonial matters; procedure in
Divorce and Folgesachen
Subsection 1
Procedures in matrimonial matters

Section 121 Matrimonial
§ 122 Local competence
§ 123 Tax on the dependence of several matrimonial matters
Section 124 Application
§ 125 Procedural capability
§ 126 Several matrimonial matters; matrimonial matters and other procedures
§ 127 Restricted impeachment
§ 128 Personal appearance of the spouses
Section 129 Participation of the managing authority or third persons
§ 130 Failure of stakeholders
Section 131 Death of a spouse
Section 132 Costs of annulment of marriage

Subsection 2
Procedure in
Divorce and Folgesachen

§ 133 Contents of the application
Section 134 Consent to divorce and withdrawal; revocation
§ 135 Out-of-court conflict resolution on the following cases
Section 136 Suspension of proceedings
Section 137 Association of divorce and folking
§ 138 Advising of a lawyer
Section 139 Inclusion of other parties and third persons
§ 140 Separation
Section 141 Withdrawal of the divorce request
Section 142 Uniform final decision; dismissal of the divorce request
Section 143 Objection
Section 144 Waiver of access rights
§ 145 Fixed-term extension of legal remedy and access rights
Section 146 Reject
Section 147 Extended repeal
§ 148 More effective decisions in Folgesachen
§ 149 Extension of the authorisation of procedural aid
Section 150 Costs in divorce cases and subsequent proceedings

Section 3
Procedures in Child Matters

Section 151 Child Matters
Section 152 Local competence
Section 153 Submission to the Court of Ehesache
Section 154 Referral to one-sided amendment of the child's stay
§ 155 Priority and Acceleration bid
Section 155a Procedure for the transfer of common parental concern
Section 156 Working towards agreement
Section 157 Discussion of child welfare; injunction
Section 158 Procedural assistance
Section 159 Personal hearing of the child
§ 160 Hearing of parents
Section 161 Participation of the carer
Section 162 Participation of the Jugendamt
Section 163 Deadline for written evaluation; contents of the report; testimonial of the child
Section 164 Announcement of the decision to the child
Section 165 Conciliation
Section 166 Amendment and review of decisions and court-approved comparisons
Section 167 Applicable rules for the accommodation of minors
§ 167a Special provisions for procedures according to § 1686a of the Civil Code
§ 168 Decision on payments of the Mündel
§ 168a Participation obligations of the registry office

Section 4
Procedures in descent

§ 169 Root causes
§ 170 Local competence
Section 171 Application
Section 172 Participants
Section 173 Representation of a child by a councage
§ 174 Procedural assistance
§ 175 Discussion date; personal hearing
Section 176 Hearing of the Jugendamt
Section 177 Limited impeachment; formal evidence of evidence
Section 178 Investigations on the determination of ancestry
§ 179 Majority of proceedings
§ 180 Statements on the minutes of the court
§ 181 Death of a participant
§ 182 The content of the decision
Section 183 Costs in respect of fatherhood
Section 184 Effectiveness of the decision; exclusion of the amendment; supplementary provisions on the complaint
§ 185 Resumption of proceedings

Section 5
Procedures in cases of adoption

Section 186 Adoptions
§ 187 Local competence
Section 188 Participants
§ 189 Professional divestment of an adoption agency
§ 190 Certificate of the entry of the guardianship
Section 191 Procedural assistance
§ 192 Stakeholder consultation
Section 193 Hearing of other persons
§ 194 Hearing of the Jugendamt
§ 195 Hearing of the Youth Welfare Office
§ 196 Inadmissibility of connection
§ 197 Decision on adoption as a child
§ 198 Decision in further proceedings
§ 199 Application of the law on adoption

Section 6
Procedure in
Marriage and household matters

§ 200 Marriage matters; household items
Section 201 Local competence
Section 202 Submission to the Court of Ehesache
§ 203 Application
Section 204 Participants
§ 205 Hearing of the Jugendamt in marriage matters
§ 206 Special provisions in budgetary matters
§ 207 Discussion date
Section 208 Death of a spouse
Section 209 Implementation of the Decision, effectiveness

Section 7
Procedures for the protection of violence

Section 210 Cases of non-violent acts
Section 211 Local competence
Section 212 Participants
§ 213 Hearing of the Jugendamt
Section 214 Injunction
Section 215 Implementation of the final decision
Section 216 Efficacy; Enforcement before service
§ 216a Communication of decisions

Section 8
Procedure
in supply compensatory matters

§ 217 Supply balancers
§ 218 Local competence
Section 219 Participants
Section 220 Accountability of the procedural law
Section 221 Discussion, suspension
Section 222 Implementation of the external division
Section 223 Request for compensation after divorce
Section 224 Decision on supply compensation
Section 225 Admissibility of an amendment of the value balance in divorce
§ 226 Implementation of an amendment of the value balance in the case of divorce
Section 227 Other amendments
Section 228 Admissibility of the complaint
Section 229 Electronic legal services between family courts and suppliers
Section 230 (dropped)

Section 9
Procedures in matters of maintenance
Subsection 1
Specific procedural rules

Section 231 Maintenance
§ 232 Local competence
Section 233 Submission to the Court of Ehesache
Section 234 Representation of a child by a councage
Section 235 Procedural obligation of the parties to provide information
Section 236 Legal obligation to provide information for third parties
Section 237 Support in the determination of paternity
Section 238 Amendment of judicial decisions
Section 239 Modification of Compare and UrCustomers
§ 240 Amendment of decisions in accordance with § § 237 and 253
Section 241 Heighten liability
Section 242 Enforcement of enforcement
Section 243 Cost Decision
Section 244 Inadmissible objection of majority
§ 245 Set of dynamic maintenance titles for foreclosure abroad

Subsection 2
Injunction

§ 246 Special provisions relating to the injunction
§ 247 Injunction before birth of the child
§ 248 Injunction when fatherhood is established

Subsection 3
Simplified procedure
on the maintenance of minors

§ 249 Statliability of the simplified procedure
§ 250 Application
§ 251 Measures of the General Court
§ 252 Defendant's objections
Section 253 Determination decision
§ 254 Notices of objections
§ 255 Contested procedure
§ 256 Complaint
§ 257 Specific procedural rules
§ 258 Special arrangements for machine processing
Section 259 Forms
Section 260 Determination of the Local Court

Section 10
Procedures in matters of goods

§ 261 Cases of goods
§ 262 Procedures in accordance with § § 1382 and 1383 of the Civil Code
§ 263 Submission to the Court of Ehesache
§ 264 Procedures for stuning and transfer of assets
Section 265 Single Decision

Section 11
Procedure
in other family matters

Section 266 Other family matters
§ 267 Local competence
Section 268 Submission to the Court of Ehesache

Section 12
Procedure
in life partnership matters

§ 269 Life Partnerships
§ 270 Applicable rules

Book 3
Procedure in
Matters relating to care and accommodation
Section 1
Procedures in care matters

§ 271 Care matters
§ 272 Local competence
Section 273 Tax on change of habitual residence
Section 274 Participants
Section 275 Procedural capability
Section 276 Procedural Flea
§ 277 Remuneration and reimbursement of costs of the procedural subject
§ 278 Hearing of the person concerned
§ 279 Hearing of the other parties involved, the supervisory authority and the legal representative
§ 280 Obtaining an expert opinion
§ 281 Medical certificate; deprivation of an opinion
Section 282 Existing opinions of the Medical Service of the Health Insurance
§ 283 Screening for the investigation
§ 284 Lodging for review
Section 285 Issuance of an order for supervision or the copy of a pension enforcing system
§ 286 Content of the decision formula
§ 287 The effectiveness of decisions
§ 288 Announcement
§ 289 Obligation of the maintainer
§ 290 Order Certificate
§ 291 Checking the maintainer selection
§ 292 Payments to the maintainer
§ 293 Extension of the support or of the reservation of consent
Section 294 Cancellation and restriction of the support or of the reservation of consent
Section 295 Extension of the support or of the reservation of consent
§ 296 Dismissal of the maintainer and appointment of a new maintainer
§ 297 Sterilization
§ 298 Procedure in cases of § 1904 of the Civil Code
Section 299 Procedures in other decisions
§ 300 Injunction
Section 301 Injunction with increased urgency
§ 302 Duration of the injunction
§ 303 Supplementary provisions on the complaint
§ 304 Complaint by the State Treasury
§ 305 Complaint lodged by the
Section 306 Waiver of the reservation of consent
§ 307 Costs in care matters
§ 308 Communication of decisions
§ 309 Special communications
§ 310 Messages during placement
§ 311 Communications for criminal prosecution

Section 2
Procedure
in the case of accommodation

§ 312 Accommodation cases
§ 313 Local competence
§ 314 Submission of the accommodation matter
Section 315 Participants
§ 316 Procedural capability
Section 317 Procedural Flea
Section 318 Remuneration and reimbursement of costs of the procedural subject
Section 319 Hearing of the person concerned
§ 320 Consultation of other interested parties and the competent authority
§ 321 Obtaining an expert opinion
Section 322 Screening for the examination; accommodation for the evaluation
Section 323 Content of the decision formula
Section 324 The effectiveness of decisions
§ 325 Announcement
Section 326 Placement feeder
§ 327 Enforcement matters
§ 328 Suspension of enforcement
§ 329 Duration and extension of accommodation
Section 330 Removal of accommodation
Section 331 Injunction
Section 332 Injunction with increased urgency
§ 333 Duration of the injunction
§ 334 Inversion measures
§ 335 Supplementary provisions on the complaint
§ 336 Lodging of the complaint by the person concerned
§ 337 Costs in accommodation
Section 338 Communication of decisions
§ 339 Notification of relatives

Section 3
Procedure in
care-court assignment cases

Section 340 Caring for the Supervision of Judgments
Section 341 Local competence

Book 4
Procedure in
Succession and Submission
Section 1
definition;
Local competence

Section 342 Definition
§ 343 Local competence
§ 344 Special local competence

Section 2
Procedures in succession matters
Subsection 1
General provisions

Section 345 Participants

Subsection 2
Custody of
Decrees of death due to

§ 346 Procedure for special official safekeeping
§ 347 Communication on safekeeping

Subsection 3
Opening of
Decrees of death due to

§ 348 Opening of dispositions of death due to the estate court
§ 349 Special features of the opening of Community test and succession contracts
§ 350 Opening of the disposal of death due to another court
Section 351 Opening period for dispositions of death due to

Subsection 4
Inheritance procedures;
Wills

Section 352 Decision on certificate of inheritance
§ 353 Confiscation or declaration of force of succession
Section 354 Other products
§ 355 Wills

Subsection 5
Other procedural regulations

§ 356 Participation obligations
§ 357 Access to an opened disposition of death on the ground; copy of a certificate of inheritance or other certificate
§ 358 Forced to deliver test amers
§ 359 Estate Management
§ 360 Determination of an inventory deadline
§ 361 Eidesstately Insurance
§ 362 Deferment of the mandatory partial claim

Section 3
Procedures in partial cases

§ 363 Application
§ 364 (dropped)
§ 365 Load
§ 366 Extrajudicial Agreement
§ 367 Re-establishment
§ 368 Diverting Plan; Confirmation
§ 369 Distribution by lot
§ 370 Suspension in dispute
§ 371 Effect of confirmed agreement and dispute; Enforcement
§ 372 Legal remedies
Section 373 Dispute of a Community of goods

Book 5
Procedures in register matters,
corporate legal procedures
Section 1
Definition

§ 374 Register things
Section 375 Corporate procedures

Section 2
Responsibility

§ 376 Specific rules of jurisdiction
Section 377 Local competence

Section 3
Register things
Subsection 1
Procedure

§ 378 Notaries ' application law
§ 379 Participation obligations of the authorities
§ 380 Participation of the professional bodies; right of appeal
Section 381 Suspension of proceedings
Section 382 Decision on applications for applications
Section 383 Communication; Feelability
Section 384 Entries to be made by the Office
Section 385 Access to the registers
§ 386 Certificates
Section 387 Appropriations

Subsection 2
Compulsory monetary procedures

Section 388 Threat
Section 389 Fixing
§ 390 Procedures for objection
§ 391 Complaint
§ 392 Procedures in the case of unauthorised use of the company

Subsection 3
Deletion
and resolution procedures

§ 393 Deletion of a company
§ 394 Erasure of wealthy companies and cooperatives
§ 395 Erasure of inadmissible entries
§ 396 (dropped)
Section 397 Deletion of non-active companies and cooperatives
§ 398 Deletion of non-decisions
§ 399 Resolution due to lack of statutes

Subsection 4
Supplemental
Rules applicable to the register of associations

§ 400 Participation obligations
§ 401 Withdrawal of legal capacity

Section 4
Corporate procedures

§ 402 Countervailability
§ 403 Refusal of the Dispacheurs
§ 404 Handing out of documents;
§ 405 Appointment; Charge
§ 406 Procedure in appointment
Section 407 Revocation of the appeal
§ 408 Complaint
§ 409 Efficacy; Enforcement

Book 6
Procedures in further
Matters of voluntary jurisdiction

Section 410 Other matters of voluntary jurisdiction
§ 411 Local competence
§ 412 Participants
§ 413 Eidesstately Insurance
Section 414 Indisputability

Book 7
Procedure
in deprivation of liberty

§ 415 Deprivation of liberty
§ 416 Local competence
§ 417 Application
§ 418 Participants
§ 419 Procedural Flea
§ 420 Hearing; performance
§ 421 Content of the decision formula
Section 422 The effectiveness of decisions
Section 423 Clear of the announcement
§ 424 Suspension of enforcement
Section 425 Duration and extension of deprivation of liberty
§ 426 Repeal
§ 427 Injunction
§ 428 Administrative action; judicial review
§ 429 Supplementary provisions on the complaint
§ 430 Swap Rate
§ 431 Communication of decisions
Section 432 Notification of relatives

Book 8
Procedures in bid cases
Section 1
General procedural rules

§ 433 Causes
Section 434 Application; contents of the offer
§ 435 Public Notice
§ 436 Validity of the public notice
§ 437 Period of rebates
§ 438 Login after login time
§ 439 Adoption of the exclusion decision; complaint; re-establishment and resumption
§ 440 Effect of an application
Section 441 Public service of the exclusion decision

Section 2
Offer of the
Owner of land,
Ships and shipbuilding

§ 442 Ownership of the landlord; local jurisdiction
§ 443 Eligible
§ 444 Credibility
§ 445 Contents of the offer
Section 446 Ship owner's bid

Section 3
Offer of the
Creditors of the ground and
shipping rights and the
Legitimate other rights

§ 447 Offer of the Basic Law creditor; local jurisdiction
§ 448 Eligible
§ 449 Credibility
§ 450 Special Credibility
§ 451 Procedures for exclusion by means of deposit
§ 452 Offer of the ship's mortgage creditor; local jurisdiction
Section 453 Offer of the person entitled to advance notice, pre-emption law, reallast

Section 4
Offer of estate creditors

§ 454 Offer of creditors of succession; local jurisdiction
§ 455 Eligible
§ 456 List of estate creditors
§ 457 Post-bankruptcy proceedings
§ 458 Content of the Bid; Bid-Time
§ 459 Request Login
§ 460 Majority of heirs
§ 461 Succession
§ 462 Community of goods
§ 463 Inheritance buyers
§ 464 Offer of the total creditors

Section 5
Shipping of the ship's creditors

§ 465 Shipping of the ship's creditors

Section 6
Offer to
Declaration of force by documents

§ 466 Local competence
Section 467 Eligible
§ 468 Application substantiation
§ 469 Contents of the offer
§ 470 Additional notice in special cases
§ 471 Securities with interest rates
§ 472 Interest vouchers for more than four years
Section 473 Presentation of the interest notes
§ 474 Expired issue of interest notes
§ 475 Date of registration at a given maturity date
Section 476 Period of rebates
Section 477 Application of rights
Section 478 Exclusive Decision
§ 479 Effect of the exclusion decision
§ 480 Payment Lock
§ 481 Deprivation of the testimony pursuant to § 471 (2)
§ 482 Suspend the payment lock
§ 483 Hinting bearer documents
Section 484 Reservation of national legislation

Book 9
Final provisions

§ 485 Relationship to other laws
§ 486 National reservations; supplementary and implementing provisions
§ 487 Resettlement; dispute of a community of goods
§ 488 Procedures before national authorities authorised by law
§ 489 Legal remedies
§ 490 State-of-the-art legal procedures
Section 491 National legal reservations concerning procedures for the declaration of force of documents
§ 492 Applicable rules in the case of notaries
§ 493 Transitional provision

Book 1
General Part

Section 1
General provisions

Unofficial table of contents

§ 1 Scope

This law applies to the proceedings in family matters and to the matters of voluntary jurisdiction, insofar as they are assigned to the courts by federal law. Unofficial table of contents

§ 2 Local competence

(1) The Court of First Instance is competent, in the case of a number of locally competent courts, which is first concerned with the matter. (2) The local jurisdiction of a court shall be maintained in the event of a change in the circumstances which justify it. (3) Acts shall not be ineffective because they have been carried out by a local court. Unofficial table of contents

§ 3 referral to lack of competence

(1) If the court seised is not competent either locally or objectively, it shall, if the competent court can be determined, declare it uncompetent by decision and refer the matter to the competent court. Prior to the referral, the parties are to be heard. (2) If several courts are competent, the matter shall be referred to the court chosen by the applicant. In the event that the election has been or has been initiated by the court, the matter shall be referred to the court designated by the court seised. (3) The decision shall not be countervailable. It shall be binding on the court designated as competent. (4) The costs incurred in proceedings before the court seised shall be treated as part of the costs incurred by the court designated in the decision. Unofficial table of contents

§ 4 levy to another court

The Court of First Instance may, for the most important reason, submit the case to another court if the court has declared its readiness to take over the case. The parties shall be consulted prior to the submission. Unofficial table of contents

§ 5 Judicial determination of jurisdiction

(1) The competent court shall be determined by the next higher common court:
1.
if, in a single case, the competent court is legally or effectively prevented from exercising the jurisdiction;
2.
if it is uncertain, with regard to the boundaries of different jurisdictions or for other actual reasons, which court is responsible for the proceedings;
3.
when various courts have declared themselves to be legally responsible;
4.
where a number of courts, one of which is responsible for the proceedings, have declared themselves to be uncompetent in their jurisdiction;
5.
if a levy is to be made for important reasons (§ 4), but the courts cannot agree.
(2) If the next highest court in the Federal Court of Justice, the competent court is determined by the Higher Regional Court, to whose district the court first dealt with with the case. (3) The decision which determines the competent court, is not countervailable. Unofficial table of contents

§ 6 exclusion and rejection of court personnel

(1) § § 41 to 49 of the Code of Civil Procedure shall apply accordingly for the exclusion and rejection of the court persons. It is also excluded who has participated in a previous administrative procedure. (2) The decision declaring the request for refusal to be unfounded shall be subject to the immediate appeal in the appropriate application of § § 567 to 572 of the Code of Civil Procedure. Unofficial table of contents

§ 7 Participants

(1) The applicant shall be involved in the application procedure. (2) To be added to the application procedure:
1.
those whose law is directly affected by the procedure,
2.
those who, on account of this or any other law, are to be involved in or on request by the Office.
(3) The Court of First Instance may, on its own account or upon request, be accompanied by persons other than those involved in this or any other law. (4) Those who, at their request, are to be added to the proceedings as parties, or , shall be notified of the initiation of proceedings, insofar as they are known to the Court of First Instance. They shall be lecturing on their right of application. (5) The court shall decide by decision if it does not comply with a request for the recovery referred to in paragraph 2 or paragraph 3. The decision must be appealed with the immediate appeal in the appropriate application of § § 567 to 572 of the Code of Civil Procedure. (6) Anyone who is to be heard or has to provide information without the conditions set out in paragraph 2 or paragraph 3 does not become a participant. Unofficial table of contents

§ 8 Participation capacity

Participant Capable
1.
natural and legal persons,
2.
Associations, groups of persons and bodies, in so far as they are entitled to a right,
3.
Authorities.
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§ 9 Procetability

(1) Process capable
1.
which, according to civil law, are capable of
2.
which, in accordance with civil law, are limited to business, insofar as they are recognised as being capable of being business for the subject-matter of the proceedings;
3.
which are limited by civil law to the extent that they are the 14. They have completed a year of life and they exercise a right under civil law in a procedure which affects their person,
4.
those which are determined on the basis of this or another law.
(2) Insofar as a business incapable or in the business capacity of a limited person is not capable of trial, the persons empowered to do so under civil law shall act for him. (3) For associations as well as for authorities, their legal representatives shall act and (4) The fault of a legal representative is the same as the fault of a participant. (5) § § 53 to 58 of the Code of Civil Procedure shall apply accordingly. Unofficial table of contents

Section 10 Plenipotentiary

(1) In so far as representation by lawyers is not available, the parties may operate the proceedings themselves. (2) The parties may be represented by a lawyer acting as an authorized representative. In addition, as authorized agents, insofar as a representation by lawyers is not required, there are only authorized representatives
1.
Employees of the person concerned or of a company affiliated with him (Article 15 of the German Stock Corporation Act); public authorities and legal persons under public law, including those formed by them for the performance of their public duties Concentrations may also be represented by employees of other public authorities or legal persons under public law, including those formed by them in order to fulfil their public duties;
2.
full-year family members (§ 15 of the German Code of Taxation, § 11 of the Life Partnership Act), persons with qualifications as judges and those involved if the representation is not related to a paid activity;
3.
Notaries.
3. The General Court rejects by means of an indisputable decision the Plenipotentiary, who are not authorized to represent them in accordance with the provisions of paragraph 2. Procedural acts which have been carried out by a non-representative authorised representative up to the date of their refoulement, and the delivery or communications to such agents shall be effective. The Court of First Instance may, by means of an indisputable decision, prohibit the further representation of the authorized representative referred to in the second sentence of paragraph 2 (2) and (2) if they are not in a position to present the property and disputes in a proper way. (4) Federal Court of Justice (Bundesgerichtshof) must be represented by a lawyer admitted to the Federal Court of Justice, except in the proceedings concerning the exclusion and rejection of court persons and in the proceedings concerning the aid of the proceedings. Public authorities and legal persons under public law, including the concentrations which they have formed to fulfil their public duties, may be employed by their own employees with competence to the office of judges or by employees with Empower to judge other public authorities or legal persons under public law, including the concentrations that they have formed to fulfil their public duties. § § 78b and 78c of the Code of Civil Procedure shall apply in accordance with § § 78b and 78c of the Code of Civil Procedure. (5) Judges may not appear as agents before the court to which they belong. Unofficial table of contents

§ 11 Procedure

The power of atonation shall be submitted in writing to the court records. It may be handed down and the court may set a time limit for this. The lack of power can be asserted in any state of the proceedings. The Court of First Instance shall take due account of the lack of authority of its own motion if a lawyer or notary is not acting as an authorised representative. In addition, § § 81 to 87 and 89 of the Code of Civil Procedure apply accordingly. Unofficial table of contents

§ 12 Beistand

In the appointment, the participants may appear with applates. It may be that those who, in proceedings in which the parties are able to operate the procedure themselves, are authorised to represent them as their agents. The court may allow other persons to assist them if this is relevant and there is a need to do so in accordance with the circumstances of the case. § 10 (3) sentence 1 and 3 and (5) shall apply accordingly. The assistance referred to by the assistance shall be deemed to have been brought forward by the person concerned, unless it is immediately revoked or corrected by the person concerned. Unofficial table of contents

Section 13 File inspection

(1) The parties may inspect the court records at the place of business, unless there are serious interests of a participant or a third party. (2) Persons who are not involved in the proceedings may only be allowed to inspect the proceedings. , insofar as they make a legitimate interest credible and do not conflict with the legitimate interests of a participant or a third party. The inspection is to be refused if a case of § 1758 of the Civil Code is available. (3) Insofar as access to the file is granted, the beneficiaries may, at their expense, be granted copies, excerpts and copies of their costs by the office of the office . The copy is to be certified on request. (4) The court may leave the files to an attorney, a notary, or a participating authority in the office or business premises. There is no right to surrender pieces of evidence in the office or business premises. The decision in accordance with the first sentence cannot be countered. (5) If the court records are conducted electronically, § 299 (3) of the Code of Civil Procedure shall apply accordingly. The electronic access pursuant to § 299 (3) sentences 2 and 3 of the Code of Civil Procedure may also be granted to the notary or the authority concerned. (6) The draft decisions and orders, the works provided for their preparation, and the Documents relating to votes shall not be communicated or communicated in writing. (7) The Court of First Instance shall decide on the inspection of files, in the case of collegial courts of the Chairperson. Unofficial table of contents

§ 14 Electronic file; electronic document

(1) The court records may be conducted electronically. Section 298a (2) and (3) of the Code of Civil Procedure shall apply accordingly. (2) The parties may submit applications and declarations as an electronic document. § 130a (1) and (3) and § 298 of the Code of Civil Procedure (3) For the electronic document (3) § § 130b and 298 of the Code of Civil Procedure apply accordingly. (4) The Federal Government and the Federal Government National governments determine in their area by means of legal regulation the date from which electronic files can be sent and electronic documents can be submitted to court. The Federal Government and the State Governments determine the current organisational and technical framework conditions for the education, management and storage of the electronic files and for the processing of these documents by means of a legal regulation. of documents appropriate to the documents. The national governments can transfer the authorisation by means of a legal regulation to the competent supreme state authority. The authorisation of the electronic file and the electronic form may be restricted to individual courts or proceedings. (5) If the court records are in accordance with proper principles to replace the original copy on a picture or other data medium, , and the written proof that the reproduction is in conformity with the original document, copies, excerpts and copies may be issued from the image or data medium. Endorsements to be applied to the original document shall be affixed in this case on proof of proof. Unofficial table of contents

§ 14a Forms; Regulation empowerment

The Federal Ministry of Justice can introduce electronic forms with the consent of the Federal Council. The legal regulation may stipulate that the information contained in the forms shall be transmitted in whole or in part in a structured machine-readable form. The forms shall be available for use on a communication platform to be determined in the legal regulation on the Internet. By way of derogation from § 130a (3) of the Code of Civil Procedure, the legal regulation may also determine the identification of the form user by using the electronic identity document in accordance with § 18 of the German Personnel Reference Act or § 78 paragraph 5 of the Residence Act. Unofficial table of contents

Section 15 Announcement; informal communication

(1) Documents whose contents contain a date or time limit or which triggers the course of a period shall be disclosed to the parties concerned. (2) The announcement may be effected by service in accordance with § § 166 to 195 of the Code of Civil Procedure or by this the document shall be sent to the postal service at the address of the addressee. If the disclosure is to be effected domestically, the document shall be deemed to be disclosed three days after the post is assigned to the post, unless the person concerned proves that he has not received the document or has only received it at a later date. (3) If an announcement is not offered, documents can be communicated informally to the parties concerned. Unofficial table of contents

§ 16 Deadlines

(1) The course of a period begins, unless otherwise specified, with the announcement. (2) For the time limits, § § 222 and 224 (2) and (3) as well as § 225 of the Code of Civil Procedure apply accordingly. Unofficial table of contents

§ 17 Re-establishment of rights in the previous stand

(1) If a person without his fault has been prevented from complying with a legal deadline, he is to be granted reinstatment in the previous stand upon request. (2) A lack of the debt is suspected if an appeal is not provided or if there is no proof of his/her fault. is defective. Unofficial table of contents

Section 18 Request for re-establishment

(1) The request for re-establishment shall be submitted within two weeks after the removal of the obstacle. If the participant is prevented from complying with the time limit for the reasons for the legal complaint, the period shall be one month. (2) The form of the application for re-establishment shall be governed by the rules applicable to the missed procedural act. (3) The facts on the grounds for the application shall be made credible in the application or in the proceedings on the application. Within the application deadline, the missed legal act is to be collected. If this is done, the reinstatment can also be granted without a request. (4) After the end of a year, from the end of the missed time limit, reinstatment can no longer be requested or approved without a request. Unofficial table of contents

Section 19 Decision on re-establishment of rights

(1) The Court of First Instance decides upon the reinstatement of the missed legal act. (2) The reinstatement shall not be countervailable. (3) The failure to reinstate the law shall be subject to the provisions of the rules governing the reinstatement of the reinstatement. Legal act shall apply. Unofficial table of contents

§ 20 Procedure connection and separation

The Court of First Instance may combine or separate proceedings in so far as it considers this to be relevant. Unofficial table of contents

Section 21 Suspension of proceedings

(1) The court may suspend the proceedings for important reasons, in particular where the decision depends wholly or in part on the existence or non-existence of a legal relationship which is the subject of another pending procedure or be identified by an administrative authority. § 249 of the Code of Civil Procedure shall be applied accordingly. (2) The decision shall be appealable with the immediate appeal in appropriate application of § § 567 to 572 of the Civil Procedure Code. Unofficial table of contents

Section 22 Application withdrawal; termination declaration

(1) An application may be withdrawn to the legal force of the final decision. The withdrawal requires the approval of the other parties after the final decision has been issued. (2) An end decision which has already been passed and which has not yet been passed will be ineffective by the withdrawal of the application without an express repeal. is required. The Court of First Instance shall, at the request of the Court of First Instance, establish by decision the effect of the decision. The decision shall not be challenged. (3) A decision on an application shall not be taken, to the extent that all interested parties declare that they wish to terminate the proceedings. (4) Paragraphs 2 and 3 shall not apply in proceedings initiated by the Office of the European Parliament . Unofficial table of contents

Section 22a Communications to the Family and Care Courts

(1) If, as a result of a judicial proceeding, an activity of the family or care court is required, the court has to inform the family or care court. (2) In addition, courts and authorities may be allowed to inform the family or the court of care of the family or the court of care. The Court of Appeal shall transmit personal data where it is necessary to know from their point of view for family or supervising judicial measures, unless it is apparent to the transmitting body that the legitimate interests of the competent authorities are Persons concerned in the exclusion of transmission the need for protection of a Minors or subjects or the public interest in transmission outweigh them. The transmission does not take place if it is contrary to a special federal or national legal system of application.

Section 2
Procedure in the first legal proceedings

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Section 23 Procedure-introductory part

(1) A procedural motion shall be justified. The application shall indicate the facts and evidence used for the reasons and shall be appointed to the persons who are eligible to be involved as participants. The application shall, in appropriate cases, indicate whether the application was preceded by an attempt at mediation or any other procedure for non-judicial settlement of the conflict, as well as whether such a procedure would be applied in the event of a dispute. Reasons to resist. Documents to which reference is made shall be accompanied by a copy or a copy. The application is to be signed by the applicant or his authorised representative. (2) The court shall forward the request to the other parties concerned. Unofficial table of contents

Section 24 Excitation of the procedure

(1) Where proceedings may be initiated by the Office, the initiation of proceedings may be initiated. (2) If the Court of Justice does not follow the suggestion referred to in paragraph 1, it shall inform the person who initiated the initiation of such proceedings; insofar as a legitimate interest in the information is apparent. Unofficial table of contents

Section 25 Applications and declarations concerning the minutes of the office

(1) The parties may submit applications and declarations to the competent court in writing or to the minutes of the office, insofar as a representation by a lawyer is not necessary. (2) Applications and declarations, the In the case of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office, the Application or declaration. The effect of a procedural act does not occur before the transcript is received there. Unofficial table of contents

Section 26 Determination of officals on the grounds of

The Court of First Instance shall, on its own account, carry out the investigation necessary for the determination of the facts of the case. Unofficial table of contents

Section 27 Participation of the parties

(1) The parties concerned shall participate in the investigation of the facts. (2) The parties concerned shall have to submit their declarations on actual circumstances in full and in accordance with the truth. Unofficial table of contents

Section 28 Procedure

(1) The Court of First Instance shall seek to ensure that the parties concerned declare themselves in good time on all the relevant facts and supplement the information which is not sufficient. It has to draw the attention of the parties to a legal point of view if it is to assess it in a different way from the parties involved and to base its decision on it. (2) In the application procedure, the court must also seek to eliminate the form of formal errors. (4) The court has to make a note on dates and personal hearings; for the Court of First Instance, the Court of First Instance has to make a statement on the dates and personal hearings. A document of the endorsement may be added to the office of the office of the office of the office if this is necessary on the basis of the expected scope of the endorsement, in view of the difficulty of the case or for any other important reason. The endorsement shall include the essential operations of the date and the personal interview. An attempt to reach an amicable agreement before a freight ichter pursuant to Article 36 (5) shall be made only if all the parties agree to it. The production by recording on data carriers in the form of § 14 para. 3 is possible. Unofficial table of contents

Section 29 Evidence

(1) The Court of First Instance shall collect the necessary evidence in a suitable form. The provisions of the Code of Civil Procedure on the hearing of the party's secrecy and the right to refuse to tesp shall apply to the questioning of persons who are interested in the matter. (3) The Court of First Instance shall have the results of the evidence gathering to be informed of the findings. Unofficial table of contents

Section 30Förmliche Evidence

(1) The Court of First Instance decides, at the discretion of the Court of First Instance, whether it finds the relevant facts by a formal taking of evidence in accordance with the Code of Civil Procedure. (2) A formal taking of evidence has to be held when it has been received in the (3) A formal taking of evidence on the accuracy of a factual allegation shall take place if the Court of First Instance intends to base its decision on the determination of that fact and if the accuracy of a statement of evidence is based on the determination of that fact. (4) The parties concerned shall be the subject of an explicit dispute. To give an opportunity to comment on the outcome of a formal taking of evidence to the extent that this is necessary in order to clarify the facts or to grant legal hearing. Unofficial table of contents

Section 31 Credibility

(1) Anyone who has to make an actual allegation credibly can use all the evidence, also to take out insurance on oath. (2) A taking of evidence that cannot be carried out immediately is unstateful. Unofficial table of contents

§ 32 Date of appointment

(1) The court may discuss the matter with the parties in an appointment. § § 219, 227 (1), (2) and (4) of the Code of Civil Procedure shall apply accordingly. (2) A reasonable period shall be laid down between the summons and the date. (3) In appropriate cases, the court shall deal with the matter with the parties concerned by way of the picture and Discuss sound transmission in appropriate application of § 128a of the Code of Civil Procedure. Unofficial table of contents

Section 33 Personal appearance of the participants

(1) The court may order the personal appearance of a party to an appointment and may hear it if it is relevant to the clarification of the facts. Where a procedure involves the hearing of a number of participants in person, the hearing of a person concerned shall take place in the absence of the other parties, if that is necessary for the protection of the person to be heard or for other reasons. (2) The The person concerned shall be invited to himself, even if he has an authorised representative, who shall be notified of the summons. The court is to order the delivery of the summons if the appearance of a party is uncertain. (3) If the duly charged party fails to issue an undue date in the appointment, a monetary order can be imposed on him by decision. The determination of the order of order can be repeated. In the event of repeated, untrained leftists, the participant's performance may be arranged. If a sufficient excuse is subsequently issued and the person concerned credibly makes no fault of his or her fault in the delay of the apology, the orders taken in accordance with the sentences 1 to 3 shall be repealed. The decision imposing an order of order can be appealed against with the immediate appeal in the appropriate application of § § 567 to 572 of the Code of Civil Procedure. (4) The party concerned is due to the consequences of his whereabouts in the summons. . Unofficial table of contents

Section 34 Personal hearing

(1) The court has to consult a person concerned in person,
1.
if this is necessary in order to ensure the legal hearing of the person concerned, or
2.
if this is required in this or in another law.
(2) The personal consultation of a person concerned may not be held if there are significant disadvantages for his or her health, or if the person concerned appears to be unable to make known his/her will. (3) The participant remains in the shall terminate the proceedings without his or her personal consultation. The person concerned shall be informed of the consequences of his stay. Unofficial table of contents

Section 35 Compulsory

(1) If, on the basis of a court order, the obligation to act or omission of an act is to be enforced, the court may, if a law does not determine otherwise, against the pledge by decision of penalty payment. to set up. In the event that the latter cannot be recovered, the court may order compulsively. If the order of a penalty is not successful, the court shall order compulsive detention. (2) The court decision ordering the obligation to take action or omission of an act has on the consequences of an infringement (3) The individual penalty payment may not exceed the amount of EUR 25 000. At the same time, the costs of this procedure are to be applied to the pledge by the fixing of the compulsory means. § 802g (1) sentence 2 and 2 (2), § § 802h and 802j (1) of the Code of Civil Procedure apply accordingly. (4) Is the obligation to issue or submit a matter or to take a reasonable action The Court of First Instance may, in so far as a law does not determine otherwise, order the measures provided for in § § 883, 886, 887 of the Code of Civil Procedure, in addition to or in lieu of a measure pursuant to paragraphs 1, 2. § § 891 and 892 of the Code of Civil Procedure apply accordingly. (5) The decision, which is ordered by the coercive measures, can be appealed with the immediate appeal in the appropriate application of § § 567 to 572 of the Code of Civil Procedure. Unofficial table of contents

§ 36 Comparison

(1) The parties may conclude a settlement in so far as they may have the subject-matter of the proceedings. The court is to act on an amicable agreement between the parties, except in cases of non-violence. (2) If an agreement is reached on the date, a record is to be made on this. The provisions of the Code of Civil Procedure on the minutes of the settlement are to be applied accordingly. (3) A comparison permissible under the first sentence of paragraph 1 can also be concluded in writing in accordance with § 278 (6) of the Code of Civil Procedure. (4) Inaccuracies in the minutes or in the decision on the settlement can be corrected in accordance with § 164 of the Code of Civil Procedure. (5) The court may determine the parties for an amicable agreement before a and non-decision-making judges (goods ichter). The freight ichter can use all methods of conflict resolution, including mediation. Paragraphs 1 to 4 shall apply in respect of the proceedings before the goods. Unofficial table of contents

Section 36a Mediation, extrajudicial conflict resolution

(1) The court may propose to individuals or to all parties concerned a mediation or other procedure of non-judicial settlement of the conflict. In cases of non-violence, the interests of the person affected by violence must be respected. (2) The parties to the conflict shall decide whether to conduct a mediation or any other non-judicial settlement procedure, and shall implement the Court the proceedings. (3) Judicial order and approval reservation shall remain unaffected by the execution of a mediation or any other procedure of non-judicial settlement of the conflict. Unofficial table of contents

Section 37 Basis of the decision

(1) The Court of First Instance shall decide, on the basis of its free conviction, from the whole of the content of the proceedings. (2) The Court of First Instance shall be entitled to base a decision which impairs the rights of a party concerned only on facts and evidence of evidence. which of these parties could express their views.

Section 3
Decision

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Section 38 Decision by decision

(1) The court decides by decision to the extent that the decision of the subject-matter of the proceedings is carried out in whole or in part (final decision). In the case of register matters, the law may be determined by law. (2) The decision shall contain:
1.
the names of the parties, their legal representatives and the authorised representatives;
2.
the name of the court and the names of the judicial staff who participated in the decision;
3.
the decision-making formula.
(3) The decision shall be justified. He's to sign. The date of the transfer of the decision to the office or the announcement by reading the decision formula (decree) must be noted on the decision. (4) There is no need for a justification to the extent that:
1.
the decision is based on a recognition or waiver or as a decision to default and is designated accordingly,
2.
rectified requests by the parties concerned or the decision does not contradicts the declared intention of a party; or
3.
the decision was notified orally in the presence of all parties involved and all parties concerned have waived legal remedies.
(5) Paragraph 4 shall not apply:
1.
in matrimonial matters, with the exception of a decision making a divorce;
2.
in descent;
3.
in care matters;
4.
if it is to be expected that the decision will be made abroad.
(6) If a decision is to be made abroad without justification, the provisions on the completion of failure to comply with the agreement and recognition of recognition shall apply accordingly. Unofficial table of contents

Section 39 Legal remedies

Each decision shall contain an instruction on the legal remedy, the objection, the objection or the memory, and the court in which these remedies are to be lodged, its registered office and the form and time limit to be observed. There is no need to be taught about the jump-right complaint. Unofficial table of contents

Section 40 Effective

(1) The decision shall be effective with disclosure to the parties for which it is determined to be essential to its content. (2) A decision which relates to the authorisation of a legal transaction shall not take effect only with a legal force. (3) A decision which replaces, on request, the authorisation or the consent of another to a legal transaction, or the restriction or exclusion of the authority of the spouse; or It is not until the end of the first subparagraph of Article 1357 (2 sentence 1 of the Civil Code, also in conjunction with Section 8 (2) of the Life Partnership Act) that the life partner is to be provided with an effect for the other spouse or life partner (Section 1357 (2) sentence 1 of the Civil Code). Legal force effective. In the event of a risk of default, the Court may order the immediate effectiveness of the decision. The decision shall take effect with notification to the applicant. Unofficial table of contents

Section 41 Disclosure of decision

(1) The decision shall be notified to the parties concerned. A contested decision shall be notified to the person whose declared will does not correspond to it. (2) The decision may also be announced by reading the formula for a decision. This is to be noted in the files. In such a case, the reasons for the decision shall be immediately followed up. The decision shall also be made known in writing in the case of sentence 1. (3) A decision which relates to the authorisation of a legal transaction shall also be notified to the person for whom the transaction is authorised. Unofficial table of contents

Section 42 corrigendum to the decision

(1) Write errors, calculation errors and similar obvious inaccuracies in the decision are to be corrected at any time by the Court of First Instance also on its own account. (2) The decision which pronounce the correction shall be made on the corrected decision and on the Copies noted. If the amending decision takes place in the form of Section 14 (3), it shall be recorded in a separate electronic document. The document is inextricably linked to the decision. (3) The decision to reject the request for correction shall not be countervailable. The decision which makes a correction shall be subject to the immediate appeal in the appropriate application of § § 567 to 572 of the Code of Civil Procedure. Unofficial table of contents

Section 43 Supplement to decision

(1) If an application submitted by a participant in accordance with the procedural documents has been completely or partially bypassed or the cost decision has not been taken, the decision must be subsequently supplemented at the request of the decision. (2) The subsequent decision has to be requested within a two-week period beginning with the written notification of the decision. Unofficial table of contents

Section 44 remedial action in the event of violation of the right to be heard

(1) The procedure shall continue to apply to the complaint of a party complained of by a decision, if:
1.
an appeal or an appeal against the decision or any other possibility of modification is not provided; and
2.
the Court of First Instance infringed the right of that party to be heard in a substantial manner in a decision-making manner.
The complaint does not take place against a decision which precedes the final decision. (2) The complaint is to be made within two weeks of knowledge of the infringement of the legal hearing; the date of the acquisition of knowledge is credibly . After the expiry of a year since the announcement of the contested decision to these parties, the complaint can no longer be levied. The complaint shall be made in writing or in writing to the Court of First Instance whose decision is under attack. The complaint must indicate the decision taken and the existence of the conditions set out in the first sentence of the first sentence of paragraph 1. (3) The other parties concerned shall, if necessary, be given the opportunity to comment. (4) Is the beet not in the legal form or by a period of time, it shall be rejected as inadmissible. If the beet is unfounded, the court rejects it. The decision shall be taken by means of a non-contestable decision. The decision is to be briefly explained. (5) If the complaint is well founded, the court will assist the court by continuing the proceedings, insofar as this is necessary on the basis of the complaint. Unofficial table of contents

Section 45 Formality of legal force

The legal force of a decision shall not enter into force before the time limit for the filing of the admissible legal remedy or the admissible opposition, objection or remembrance has expired. The entry of the legal force is inhibited by the fact that the appeal, the objection, the objection or the memory will be filed in good time. Unofficial table of contents

Section 46 Right-of-law

The testimony of the legal force of a decision shall be given by the office of the court of the first legal suit on the basis of the act of the proceedings. As long as the proceedings are pending in a higher legal order, the office of the court of the court shall issue this legal suit. In the case of matrimony and descent, the parties shall be granted a right-of-law certificate on a copy without justification by the parties. The decision of the office shall be countervailable with the memory of the corresponding application of § 573 of the Code of Civil Procedure. Unofficial table of contents

§ 47 Reacting legal transactions

Where a decision is unjustified by which a person acquires the ability or the power to undertake a legal transaction or to receive a declaration of intent, the annulment of the decision shall have on the effectiveness of the decision which has since been taken by him or her. it does not affect any legal transactions made to it, in so far as the decision is not ineffective from the outset. Unofficial table of contents

Section 48 Amendment and resumption

(1) The court of the first legal suit may repeal or amend a final final decision with permanent effect if the underlying property or legal situation has subsequently changed substantially. In proceedings which are only initiated upon request, the repeal or amendment shall only be effected on request. (2) A legally binding procedure may be resumed in the appropriate application of the provisions of Book 4 of the Code of Civil Procedure (3) In the event of a decision granting or refusing the authorisation of a legal transaction, a reinstatment to the previous stand, a complaint pursuant to section 44, an amendment or a resumption shall not take place if the Approval or refusal to take effect from a third party.

Section 4
Injunction

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Section 49 Inauguration

(1) The court may, by means of a provisional arrangement, take a provisional measure to the extent that this is justified in accordance with the rules governing the legal relationship and there is an urgent need for immediate action. (2) Measure can secure or provisionally regulate an existing state. An act may be offered or prohibited by a party, in particular the disposal of an object shall be prohibited. The court, with the interim arrangement, can also make the arrangements necessary for its implementation. Unofficial table of contents

§ 50 Jurisdiction

(1) The court which would be responsible for the main proceedings in the first legal proceedings shall be the competent court. If a main thing is pending, the court of the first legal suit is responsible for the appeal court in the appeal court. (2) In cases of special urgency, the district court may also decide, in the district of which the need shall be known for judicial proceedings or the person or cause referred to in the injunction shall be known. It shall immediately release the procedure from its own motion to the court competent in accordance with paragraph 1. Unofficial table of contents

Section 51 Procedure

(1) The injunction shall be issued only upon application if a relevant main proceedings can only be initiated upon request. (2) The procedure shall be governed by the rules applicable to a relevant main case, unless the specific features of the applicant are subject to the conditions laid down by the applicant. to give some other means of legal protection. The court may decide without oral proceedings. A decision of failure is excluded. (3) The procedure of the injunction is an independent procedure, even if one of the main reasons is pending. The court may depart from individual procedural acts in the main proceedings if they have already been carried out in the procedure of the injunction and are not to be expected to receive any additional knowledge from a new take-up. (4) For the costs of the procedure of the injunction shall be governed by the general rules. Unofficial table of contents

Section 52 Introduction of the main proceedings

(1) Where an injunction is issued, the Court of First Instance shall, at the request of a party concerned, initiate the main proceedings. The Court of First Instance may, by adopting the injunction, determine a time limit before the expiry of which the application is inadmissible. The period shall not exceed three months. (2) In proceedings initiated only on request, the Court of First Instance shall order, on request, that the party which has acted in the injunction shall, within a period to be determined, request: Initiation of the main proceedings or application for the approval of procedural aid for the main proceedings. The period shall not exceed three months. If this arrangement is not followed, the injunction is to be cancelled. Unofficial table of contents

§ 53 Enforcement

(1) An injunction requires the enforcement clause only if enforcement is to be carried out for or against a party other than the one designated in the decision. (2) The court may, in the case of non-violent acts and in other cases, be subject to the law of the court or other Cases in which there is a particular need to arrange for the execution of the injunction before service to be allowed on the pledge. In this case, the injunction is effective with decree. Unofficial table of contents

Section 54 Repeal or amendment of the decision

(1) The Court of First Instance may repeal or amend the decision in the case of the incontricting order. The repeal or amendment shall only be made upon request if a relevant main proceedings can only be initiated upon request. This shall not apply if the decision has been taken without prior implementation of a hearing required by the law. (2) If the decision has been taken in a family matter without oral proceedings, the decision shall be oral on request on the basis of oral proceedings. (3) The court which has issued the injunction is the court of law. If the case has been handed over to another court or referred to it, it is competent. (4) Whereas an inconteable case is pending before the Appeal Court, the annulment or amendment of the contested decision shall be the subject of the Court of First Instance inadmissible. Unofficial table of contents

Section 55 Suspension of enforcement

(1) In the cases of § 54, the court may, in the case of Section 57, suspend or restrict the enforcement of a consous order. The decision shall not be countervailable. (2) If a request is made to this effect, it shall be decided on the basis of the above. Unofficial table of contents

Section 56 External force

(1) The injunction shall, unless the Court of First Instance has determined an earlier date, be repeal of any other scheme. If this is an end decision in a family matter, its legal force is decisive, unless the validity occurs at a later date. (2) The injunction occurs in proceedings initiated only upon request, including: then out of force, if
1.
the application is withdrawn in the main proceedings;
2.
the application in the main proceedings has been rejected in a legally binding manner,
3.
the main matter is declared to be completed, or
4.
the execution of the main object has otherwise occurred.
(3) At the request of the Court of First Instance, the Court of First Instance having, in the first legal proceedings, finally decided to issue the effect referred to in paragraphs 1 and 2 by a decision. The decision shall be taken against the decision. Unofficial table of contents

Section 57 Legal remedies

Decisions in cases of injunction in family matters shall not be countervailable. This shall not apply in proceedings pursuant to Article 151 (6) and (7) and shall not apply if the court of the first legal proceedings is due to have an oral discussion
1.
about the parental concern for a child,
2.
on the publication of the child to the other parent,
3.
on a request for a child to remain with a care or reference person,
4.
on a request pursuant to § § 1 and 2 of the Act on Violation of Violation, or
5.
in a marriage case of a request for the allocation of the dwelling
has decided.

Section 5
Legal remedies

Subsection 1
Complaint

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§ 58 Statliability of the appeal

(1) The appeal shall be brought against the final decisions of the Local Courts and Regional Courts in matters under this Act, unless otherwise provided by law. (2) The Appeal Court's assessment shall also be subject to decisions which cannot be challenged independently and which preceded the final decision. Unofficial table of contents

§ 59 Appellant

(1) The appeal shall be the person who is affected by the decision in his/her rights. (2) If a decision can only be issued on request and the application has been rejected, the appeal shall be filed only to the applicant. (3) The right of appeal of authorities shall be determined in accordance with the specific provisions of this or another law. Unofficial table of contents

Section 60 Complaints Rights of Minors

A child for which the parental concern exists, or a muddle standing under guardianship, may exercise the right of appeal in all matters concerning his or her person without the involvement of his legal representative. The same shall apply in other matters in which the child or the muddle shall be heard before a decision of the court. This shall not apply to persons who are incapaciated or who are not able to take the decision to take the decision. Have not completed their life year. Unofficial table of contents

§ 61 Board of Appeal; Admission complaint

(1) In the case of property law matters, the appeal is only admissible if the value of the subject of appeal exceeds 600 euros. (2) If the subject of the appeal does not exceed the amount referred to in paragraph 1, the appeal shall be admissible if: the court of the first legal suit has admitted the appeal. (3) The court of the first legal suit allows the appeal to be made if:
1.
the case is of fundamental importance, or the further training of the law or the assurance of a uniform case law requires a decision of the appeal court, and
2.
the participant is complained by the decision of not more than 600 euros.
The Board of Appeal shall be bound by the authorisation. Unofficial table of contents

Section 62 Statliability of the appeal after the main proceedings have been completed

(1) Where the contested decision has been dealt with in the main proceedings, the Appeal Court, on request, claims that the decision of the court of the first legal suit infringed the appellant in its rights if the appellant was has a legitimate interest in the determination. (2) A legitimate interest is generally available if:
1.
have serious fundamental rights, or
2.
a repetition is to be expected.
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Section 63 Complaint

(1) The appeal shall be filed within a period of one month in so far as no other period is determined by law. (2) The appeal shall be filed within a period of two weeks if it is directed against the following decisions:
1.
Final decisions in the procedure of the injunction or
2.
Decisions concerning applications for the approval of a legal transaction.
(3) The time limit shall begin in each case with the written notification of the decision to the parties concerned. If the written notification to a person concerned cannot be effected, the time limit shall begin not later than five months after the adoption of the decision. Unofficial table of contents

Section 64 Filing of the appeal

(1) The appeal shall be lodged with the Court of First Instance, the decision of which shall be challenged. Applications for the granting of procedural aid for an intended appeal shall be lodged with the court whose decision is to be challenged. (2) The appeal shall be lodged by filing a notice of appeal or by the minutes of the court of appeal. Place of business. The filing of the complaint to the office of the office of the office is excluded in matrimonial matters and in family matters. The complaint must include the name of the decision under appeal and the statement that an appeal against this decision is lodged. It must be signed by the appellant or his authorised representative. (3) The appeal court may issue an injunction before the decision; it may, in particular, order that the appeal of the contested decision be taken into account. shall be suspended. Unofficial table of contents

Section 65 Statement of grounds of appeal

(1) The appeal is to be justified. (2) The Appellate Court or the Chairman may grant the appellant a time limit for the reason for the appeal. (3) The appeal may be based on new facts and evidence. (4) The A complaint cannot be based on the fact that the Court of First Instance has wrongly assumed its jurisdiction. Unofficial table of contents

§ 66 Connection complaint

A participant may join the appeal, even if he has waived the appeal or the time limit for appeal has expired; the resolution shall be made by filing the statement of appeal with the appeal court. The closure shall cease to be effective if the appeal is withdrawn or dismissed as inadmissible. Unofficial table of contents

Section 67 waiver of the appeal; withdrawal of the appeal

(1) The appeal shall be inadmissible if the appellant has waived the decision by making a statement to the court after the decision has been made. (2) The connection complaint shall be inadmissible if the driver of the connecting complaint is based on the following: (3) The non-admissibility of the appeal is the result of the inadmissibility of the appeal only if the appeal is based on that decision. (4) The Complainants may submit the appeal pending the adoption of the appeal decision. Return to the Court of First Instance. Unofficial table of contents

Section 68 Procedure of the appeal procedure

(1) If the Court of First Instance, whose decision is challenged, considers the appeal to be well founded, it shall remedy it; otherwise, the appeal shall be submitted without delay to the appeal court. The court is not entitled to remedy the case if the appeal is directed against an end decision in a family matter. (2) The appeal court has to examine whether the appeal is in itself statthaft and whether it is in the legal form and time limit is inserted. In the case of a lack of one of these requirements, the appeal is to be rejected as inadmissible. (3) The appeal proceedings are, moreover, determined in accordance with the rules governing the procedure in the first legal proceedings. The appeal court may depart from the execution of an appointment, oral proceedings or individual procedural acts, if they have already been made in the first legal proceedings and if there is no additional acceptance of the proceedings. (4) The appeal court may, by decision of one of its members, transfer the appeal to the decision as a single judge; § 526 of the Code of Civil Procedure shall apply, with the proviso that a transfer shall be made to a judge on the sample is excluded. Unofficial table of contents

Section 69 Appeal decision

(1) The Board of Appeal has to decide in the case itself. The case may only be referred back to the Court of First Instance in the case of the annulment of the contested decision and the proceedings, if it has not yet decided on the matter. The same applies, in so far as the procedure suffers from a substantial defect and for the decision an extensive or complex evidence survey would be necessary and a participant requests the remitting. The court of the first legal suit also has to base its judgment on the legal judgment which the appeal court has taken on the basis of its decision. (2) The decision of the appeal court must be justified. (3) For the The decision of appeal shall also apply in accordance with the provisions of the decision in the first legal proceedings.

Subsection 2
Legal complaint

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§ 70 Statliability of the legal complaint

(1) The appeal of a party shall be subject to the decision of the Appeal Court or the Oberlandesgericht (Oberlandesgericht) in the first legal proceedings in the decision. (2) The appeal is to be permitted if:
1.
the case is of fundamental importance, or
2.
(i) the continuing training of the law or the safeguarding of a uniform case-law requires a decision of the court of appeal.
The legal appeal court is bound by the admission. (3) The appeal against a decision of the appeal court is not permitted by the court of law.
1.
Care matters for the appointment of a supervisor, for the cancellation of a care, for ordering or cancellation of a reservation of consent,
2.
Cases of accommodation and proceedings pursuant to § 151 nos. 6 and 7, and
3.
Deprivation of liberty.
In the cases referred to in the first and third sentences, this shall apply only if the appeal is directed against the decision ordering the accommodation or the measure to be deprivated. (4) The decision in the case of the order, amendment or the cancellation of an injunction or an arrest of an Arrest shall not take place in the case of the appeal. Unofficial table of contents

Section 71 Deadline and form of appeal

(1) The appeal shall be submitted within a period of one month from the date of the written notification of the decision by filing a notice of appeal to the court of appeal. The legal notice must include:
1.
the name of the decision against which the right to appeal is addressed, and
2.
the declaration that an appeal against this decision will be lodged.
The legal notice shall be signed. The appeal is intended to produce a copy or a certified copy of the contested decision. (2) The appeal is, unless the notice of appeal contains a statement of reasons, within a period of one month. Reasons. The period shall begin with the written notification of the decision under appeal. Section 551 (2) sentences 5 and 6 of the Code of Civil Procedure shall apply accordingly. (3) The reasons for the legal complaint must include:
1.
the explanation of the extent to which the decision is challenged and the annulment of which is requested (appeals for appeal);
2.
an indication of the reasons for the appeal, namely:
a)
the specific description of the circumstances in which the infringement is based;
b)
in so far as the legal complaint is based on the fact that the law is infringed in relation to the proceedings, the name of the facts which result in the defect.
(4) The legal complaint-and the explanatory note shall be disclosed to the other parties concerned. Unofficial table of contents

Section 72 Reasons for the appeal

(1) The appeal may only be based on the fact that the contested decision is based on an infringement of the law. The law is violated if a legal norm has not been applied or has not been properly applied. (2) The legal complaint cannot be based on the fact that the court of the first legal suit has wrongly assumed its jurisdiction. (3) § § 547, 556 and 560 of the Code of Civil Procedure shall apply accordingly. Unofficial table of contents

Section 73 Connection rights complaint

A participant may, by the expiry of a period of one month after the publication of the statement of reasons, adjoin the appeal by the application of a connection in the case of the appeal court, even if he/she is responsible for the legal complaint. , the period of appeal has not been passed or the legal complaint has not been allowed. The connection rights complaint must be substantiated and underwritten in the connection. The closure will lose its effect if the legal complaint is withdrawn, rejected as inadmissible or rejected in accordance with Section 74a (1). Unofficial table of contents

Section 74 Decision on the legal complaint

(1) The appeal court has to examine whether the legal complaint is in itself and whether it is filed in the legal form and time limit and is well founded. If there is a lack of one of these requirements, the appeal is to be rejected as inadmissible. (2) Although the reasoning of the contested decision is a violation of the law, the decision is considered to be correct for other reasons. to reject the appeal. (3) The examination of the appeal court shall be subject only to the requests made by the parties concerned. The appeal court shall not be bound by the grounds of appeal made. The contested decision may only be examined for procedural defects which are not to be taken into consideration by its own motion, if the deficiencies have been rummaged in accordance with Article 71 (3) and § 73 sentence 2. § § 559, 564 of the Code of Civil Procedure shall apply accordingly. (4) In the case of further proceedings, insofar as there are no deviations from the provisions of this subsection, the provisions in force in the first legal suit shall apply accordingly. (5) In so far as the legal complaint is justified, the contested decision shall be repealed. (6) The appeal court shall decide in the case itself if it is mature for the final decision. Otherwise, it would refer the matter to the Court of Appeal under the repeal of the contested decision and to the procedure for any other treatment and decision to the appeal court or, if this appears for special reasons, to the Court of First Instance. Legal train back. The refoulement may be made to another body of the court of the court which has adopted the contested decision. The court to which the matter is remitted has also to base its decision on the legal judgment which is based on the annulment. (7) The decision may not be justified if it were not appropriate to: to clarify matters of fundamental importance, to contribute to the further training of the law or to secure a uniform case-law. Unofficial table of contents

Section 74a reject decision

(1) The appeal court rejects the appeal of the appeal by unanimous decision of the appeal court without oral proceedings or discussion in the date when it is satisfied that the conditions for the admission of the appeal (2) The legal appeal court or the chairman has previously referred the parties to the intended rejection of the appeal and the reasons for this , and to inform the legal complain within a (3) The decision referred to in paragraph 1 shall be justified in so far as the reasons for refoulement are not already included in the notice referred to in paragraph 2. Unofficial table of contents

Section 75-Jump-right complaint

(1) In the case of decisions adopted in the first instance, which are subject to the appeal without authorisation, the appeal (jump-right appeal) shall take place immediately upon request, in the event of a complaint being passed by the appeal body, if:
1.
to grant the parties involved in the overpass of the appeal
2.
the legal appeal court allows for the appeal of the jumping rights.
The application for admission to the dispute resolution and the declaration of consent shall be deemed to be the waiver of the appeal of the appeal. (2) The dispute resolution shall be filed in the time limit specified in § 63. For the further procedure, Section 566 (2) to (8) of the Code of Civil Procedure shall apply accordingly.

Section 6
Procedural Cost Aid

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Section 76 Conditions

(1) The provisions of the Code of Civil Procedure on legal aid shall apply to the granting of procedural aid, unless otherwise specified in the following. (2) A decision which shall apply in the following: Procedural grant proceedings are subject to the immediate appeal in the appropriate application of § § 567 to 572, 127 (2) to (4) of the Code of Civil Procedure. Unofficial table of contents

Section 77 Authorisations

(1) Prior to the authorisation of procedural aid, the Court may give the other parties an opportunity to comment. In the application procedure, the defendant shall be given the opportunity to give an opinion as to whether he or she considers the conditions for the granting of procedural aid to be granted in so far as this does not seem to be inappropriate for special reasons. (2) The granting of legal aid for the execution of the movable property shall include all acts of enforcement in the District of the Court of Enforcement, including the procedure for the delivery of the insurance to Eides. Unofficial table of contents

Section 78 Advisory order of a lawyer

(1) If a representative is required to be represented by a lawyer, the person concerned shall be assigned a lawyer of his choice who is prepared to represent him. (2) If a representative is not required to be represented by a lawyer, the person concerned shall be subject to his/her appointment. Request to be attached to a lawyer of his or her choice if, on account of the difficulty of the legal and legal situation, the representation by a lawyer appears necessary. (3) A not in the district of the court of proceedings A registered attorney may be attached only if he/she has special (4) If special circumstances so require, the person concerned may, at his request, be a lawyer of his choice for the purpose of carrying out an appointment for the taking of evidence before the requested judge or for the purpose of mediation. (5) If the person concerned does not find a lawyer for representation, the chairman shall assign a lawyer to him at the request of the representative. Unofficial table of contents

§ 79

(omitted)

Section 7
Cost

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Section 80 Scope of the cost obligation

Costs are the court costs (fees and expenses) and the expenses incurred by the parties for carrying out the proceedings. Section 91 (1), second sentence, of the Code of Civil Procedure shall apply accordingly. Unofficial table of contents

§ 81 Principle of cost-effectiveness

(1) The court may, at its reasonable discretion, impose the costs of the proceedings wholly or in part on the parties concerned. It may also arrange for the collection of costs to be dislocated. In the case of family matters, it is always the case that the costs are to be decided. (2) The court shall impose the costs of the proceedings in whole or in part upon a party concerned, if:
1.
the person concerned has given rise to the proceedings by gross negligence;
2.
the applicant's request from the outset did not have any prospect of success and the party concerned had to recognise it;
3.
the person concerned has made a substantial fact culpable in untrue information;
4.
the party concerned has significantly delayed the proceedings by culpable infringement of his duties of participation;
5.
the participant of a judicial order to participate in a free briefing on mediation or any other possibility of out-of-court conflict resolution in accordance with § 156 paragraph 1 sentence 3 or a judicial order has not complied with the participation in a consultation pursuant to § 156 (1) sentence 4, provided that the party concerned has not apologized sufficiently.
(3) A minor participant may not be subject to costs in respect of child property concerning his/her person. (4) The costs of the proceedings may be imposed on a third party only in so far as the activity of the court has been caused by him. (5) Federal law provisions that deviate from the obligation to pay the costs remain unaffected. Unofficial table of contents

Section 82 Date of cost decision

If a decision is taken on the costs, the court has to decide on this in the final decision. Unofficial table of contents

§ 83 Costing of costs by comparison, execution and withdrawal

(1) Where the proceedings are carried out by comparison and the parties have not determined the costs, the court costs shall be charged to each part in equal parts. The out-of-court costs shall be borne by each party concerned. (2) If the proceedings are carried out in any other way or if the application is withdrawn, § 81 shall apply accordingly. Unofficial table of contents

Section 84 Legal costs

The Court of First Instance is to impose on the party concerned the costs of an appeal which has been inlaid down without success. Unofficial table of contents

§ 85 Costing of costs

§ § 103 to 107 of the Code of Civil Procedure on the determination of the amount to be refunded shall be applied accordingly.

Section 8
Enforcement

Subsection 1
General provisions

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Section 86 Enforcement order

(1) Enforcement shall take place
1.
Judicial decisions;
2.
Court-approved comparisons (Section 156 (2));
3.
further enforcing titles within the meaning of Section 794 of the Code of Civil Procedure, to the extent that the parties may have the object of the proceedings.
(2) Decisions shall be enforceable with effect. (3) The order for enforcement shall be enforceable only if enforcement is not carried out by the court which has issued the title. Unofficial table of contents

Section 87 Procedure; complaint

The Court of First Instance shall act on its own behalf in proceedings which may be initiated by its own motion and shall determine the enforcement measures to be taken in the case of the infringement. The authorized person may apply for acts of enforcement; if the court does not comply with the application, it shall decide by decision. (2) Enforcement may only commence if the decision has already been delivered or at the same time (3) The bailider shall be empowered, if necessary, to seek the assistance of the police enforcability bodies. § 758 (1) and (2) and § § 759 to 763 of the Code of Civil Procedure shall apply accordingly. (4) A decision taken in the enforcement proceedings shall be subject to the immediate appeal in the appropriate application of § § 567 to 572 of the Code of Civil Procedure (5) § § 80 to 82 and 84 shall apply mutas to the cost decision.

Subsection 2
Enforcement of decisions on the issuing of persons and the regulation of the handling of persons

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Section 88 Principles

(1) Enforcement shall be carried out by the court in whose district the person has his habitual residence at the time of the initiation of enforcement. (2) The Jugendamt shall provide assistance to the court in appropriate cases. Unofficial table of contents

Section 89 Order of order

(1) In the case of an infringement of an enforcement order for the publication of persons and for the settlement of the transfer, the court may, in respect of the pledge, be in order for the order to be ordered and, in the event that it cannot be recovered, order. If the order of a law of order does not promise success, the court can order the order. (2) The decision ordering the handing out of the person or the regulation of the transfer has to indicate the consequences of an infringement of the enforcement order. (3) The individual order fee may be paid to the person or persons responsible for the execution of the order. Amount not exceeding EUR 25 000. § 802g (1) sentence 2 and 2 (2), § § 802h and 802j (1) of the Code of Civil Procedure apply accordingly. (4) The establishment of a disciplinary agent shall not be determined if the pledge is based on the reasons for the fact that: he has not been responsible for the infringement. If the reasons for the absence of representative are subsequently presented, the fixing shall be repealed. Unofficial table of contents

Section 90 Application of direct compulsion

(1) The court may, by means of an express decision, order direct compulsion if:
1.
the establishment of administrative resources has not been successful;
2.
the establishment of order resources does not promise success;
3.
an early enforcement of the decision is absolutely necessary.
(2) Application of direct coercion against a child shall not be allowed if the child is to be issued in order to exercise the right of access. Moreover, it is only possible to allow direct coercion against a child if this is justified in the light of the welfare of the child and if it is not possible to enforce the obligation with a milder means. Unofficial table of contents

Section 91 Judicial search warrant

(1) The dwelling of the pledge may only be searched for the reason of a judicial decision without the consent of the person concerned. This does not apply if the adoption of the decision would jeopardize the success of the search. (2) The execution of an arrest warrant in accordance with § 94 in conjunction with § 802g of the Code of Civil Procedure is not to be applied. (3) Willigt the If a person has been subject to the search, or if a decision has been taken against him pursuant to the first sentence of paragraph 1, or in accordance with the second sentence of paragraph 1, persons who have received compassion at the dwelling of the pledge shall have the search to be allowed to search. The decision referred to in paragraph 1 shall be submitted in the case of enforcement. Unofficial table of contents

Section 92 Enforcement proceedings

(1) Prior to the setting of order means, the pledge shall be heard. This also applies to the order of direct coercion, unless it would result in the execution being foiled or rendered substantially more difficult. (2) The pledge shall be determined by the establishment of the order of order or the order of immediate effect. To impose the costs of the proceedings. (3) The prior execution of a procedure pursuant to § 165 is not a prerequisite for the establishment of order funds or the order of direct compulsion. The implementation of such a procedure shall not preclude the establishment of an order of order or of an order of direct compulsion. Unofficial table of contents

Section 93 Cessation of enforcement

(1) The Court of First Instance may, by order of a decision, set or restrict the enforcement of enforcement measures and repeal enforcement measures if:
1.
Reinstatation is requested at the previous stand;
2.
the resumption of proceedings is requested;
3.
an appeal against a decision is lodged;
4.
the amendment of a decision is requested;
5.
the implementation of a conciliation procedure (§ 165) is requested.
In the case of appeal, the preliminary decision shall be taken on the preliminary inversion of the enforcement. The decision shall not be countervailable. (2) For the purposes of the cessation or restriction of enforcement and the cancellation of enforcement measures, § 775 Nos. 1 and 2 and § 776 of the Code of Civil Procedure shall apply accordingly. Unofficial table of contents

Section 94 Eidesstately Insurance

If a person to be identified is not found, the court may order that the pledge has to make an affidavit of her whereabilty. Section 883 (2) and (3) of the Code of Civil Procedure shall apply accordingly.

Subsection 3
Enforcement in accordance with the Code of Civil Procedure

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Section 95 Application of the Code of Civil Procedure

(1) Unless otherwise specified in the preceding subsections, enforcement shall be subject to the following conditions:
1.
because of a monetary claim,
2.
for the publication of a movable or immovable property,
3.
for the adoption of a defensible or non-justifiable act,
4.
on the enforcement of dulsions and omissions, or
5.
for the submission of a declaration of intent
to apply the provisions of the Code of Civil Procedure in accordance with the law of enforcement. (2) The decision shall replace the judgment under the provisions of this Act. (3) The power of the person who has pledged from a title on account of a monetary claim credible that enforcement would bring him a non-replacement disadvantage, the court, on his application, ruled out the execution before the legal force entered into the decision. In the cases of Section 707 (1) and Section 719 (1) of the Code of Civil Procedure, enforcement can only be terminated under the same condition. (4) Is the obligation to issue or submit a matter or to take a reasonable In accordance with § § 883, 885 to 887 of the Code of Civil Procedure, the Court of First Instance may order the measures provided for in § 888 of the Code of Civil Procedure, in so far as a law does not provide for action, the court may order the action to be carried out by order of the other than that. Unofficial table of contents

Section 96 Enforcement in proceedings under the Act on the Protection of Violation and the Matters of Marriage

(1) If the pledge is contrary to an order pursuant to § 1 of the Act on Violation of Violation to refrain from an act, the person entitled to remedy any ongoing infringement may grant a bailider to the court. The bailider has to proceed in accordance with Section 758 (3) and § 759 of the Code of Civil Procedure. § § 890 and 891 of the Code of Civil Procedure shall continue to apply. (2) In the case of an injunction in cases of non-violence, insofar as the subject-matter of the proceedings is the provisions of the area of marriage, and in cases of marriage, the following shall be applied. Multiple entry of the property within the meaning of § 885 (1) of the Code of Civil Procedure during the period of validity. There is no need for renewed delivery to the pledge. Unofficial table of contents

Section 96a Enforcement in descent matters

(1) The execution of a claim pursuant to § 1598a of the Civil Code, which has been made by a final decision or a court settlement, on the exercise of a sample removal carried out in accordance with the recognized principles of science, In particular, the removal of a saliva or blood sample shall be excluded if the type of sampling of the person to be examined cannot be attributed. (2) In the case of repeated unauthorised refusal of the investigation, it may also be possible to Enforced, in particular forcibly leading to the Investigation shall be arranged.

Section 9
Foreign-related procedures

Subsection 1
Relationship with international agreements and acts of the European Community

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§ 97 Priority and Untouchability

(1) Regulations in international agreements shall, insofar as they have become directly applicable national law, comply with the provisions of this Act. (2) The provisions adopted for the implementation and implementation of agreements and acts within the meaning of paragraph 1 shall remain unaffected.

Subsection 2
International jurisdiction

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§ 98 matrimonial matters; association of divorce and subsequent singing

(1) The German courts are responsible for matrimonial matters if:
1.
is a spouse of German or was at the time of marriage;
2.
both spouses have their habitual residence at home;
3.
a spouse of stateless persons with an ordinary stay in the country is;
4.
a spouse has his or her habitual residence at home, unless the decision to be taken would obviously not be recognised under the law of any of the States to which one of the spouses is a member.
(2) The jurisdiction of the German courts as referred to in paragraph 1 extends to the following cases in the case of the association of divorce and folking matters. Unofficial table of contents

§ 99 Child-related matters

(1) The German courts shall be responsible, except in proceedings pursuant to § 151 no. 7, if the child
1.
is German, or
2.
has his habitual residence at home.
The German courts are also competent, as far as the child of the care is required by a German court. (2) For the order of a guardianship, both the German courts and the courts of another state are responsible and is the Guardianship in the other State is subject to the order of guardianship domestiy if this is in the interest of the coin. (3) For the order of a guardianship, both the German courts and the courts of a other State, and the guardianship is domesic, the Court of First Instance, in the case of The guardianship of the guardianship of the guardianship of the guardianship of the guardianship of the guardianship of the guardianship of the guardianship of the guardianship of the guardianship of the guardianship of the guardianship of the guardian . If the guardian refuses or, if several members of the guardianship of the guardianship of the guardianship of the guardianship of the guardianship of the guardianship of the guardianship of the guardianship of the guardianship of the guardianship have their consent, The decision shall not be countervailable. (4) Paragraphs 2 and 3 shall apply in accordance with the procedures laid down in Article 151 (5) and (6). Unofficial table of contents

§ 100 Ancestral matters

The German courts are competent if the child, the mother, the father or the man, who is insured with the oath instead of having been accued to the mother during the time of the birth,
1.
is German, or
2.
has his habitual residence at home.
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Section 101 Adoption matters

The German courts are responsible if the receiving, one of the receiving spouses or the child
1.
is German, or
2.
has his habitual residence at home.
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Section 102 Supply compensatory matters

The German courts are responsible if:
1.
the applicant or the defendant has his or her habitual residence at home,
2.
is to decide on domestic rights, or
3.
a German court divorced the marriage between the applicant and the respondent.
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Section 103 Life partnership matters

(1) The German courts shall be in civil partnership matters relating to the lifting of the life partnership on the basis of the Life Partnership Act or the determination of the existence or non-existence of a life partnership, competent if:
1.
is a life partner of German or, in the case of the foundation of the life partnership,
2.
one of the life partners has his or her habitual residence in Germany, or
3.
the life partnership has been established before a competent German body.
(2) The jurisdiction of the German courts in accordance with paragraph 1 shall apply to the following matters in the case of the association of waiver and subsequent proceedings. (3) § § 99, 101, 102 and 105 shall apply accordingly. Unofficial table of contents

Section 104 Care and accommodation; Adult care

(1) The German courts shall be responsible if the person concerned or the full-year pastor
1.
is German, or
2.
has his habitual residence at home.
The German courts are also competent to the extent that the person concerned or the full-year pastor of the care is required by a German court. (2) § 99 (2) and (3) applies accordingly. (3) Paragraphs 1 and 2 are in the case of a placement according to § 312 No 3. Unofficial table of contents

Section 105 Other procedures

In other proceedings according to this law, the German courts are competent if a German court is competent in the local jurisdiction. Unofficial table of contents

§ 106 No exclusive competence

The responsibilities in this sub-section are not exclusive.

Subsection 3
Recognition and enforceability of foreign decisions

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Section 107 Recognition of foreign decisions in matrimonial matters

(1) Decisions by which a marriage is annulled, annulled, divorced after or under the maintenance of the Ehebandes, or determined by the existence or non-existence of a marriage between the parties. , shall be recognised only if the Land Justice Department has established that the conditions for recognition are met. If a court or authority of the State has decided to which both spouses have been a member at the time of the decision, the recognition shall not depend on a determination of the Land Justice Administration. (2) The judicial administration of the country shall be responsible, in which a spouse has his habitual residence. If none of the spouses has his or her habitual residence domestically, the judicial administration of the country in which a new marriage is to be closed or a life partnership is to be established; the national justice administration may provide proof of require that the marriage or the establishment of the life partnership be notified. If there is no other jurisdiction, the judicial administration of the Land of Berlin is responsible. (3) The state governments can exercise the powers conferred on the Land Justice Administrations under this provision by means of a legal regulation on one or the other. several presidents of the Higher Regional Courts. The State Governments may transfer the authorization pursuant to sentence 1 to the Land Justice Administrations by means of a legal regulation. (4) The decision shall be taken at the request. The application can be made by who makes a legal interest in the recognition credibly. (5) If the Land Justice Administration requests the application, the applicant can apply for the decision to the Oberlandesgericht. (6) Provides the Land Justice Administration that the conditions for recognition are fulfilled, a spouse who has not submitted the application may apply to the Oberlandesgericht for a decision. The decision of the Land Justice Department shall be effective upon notification to the applicant. In its decision, however, the Land Justice Administration may decide that the decision will take effect only after a period of time has expired. (7) A civil senate of the Higher Regional Court, in whose district the Country justice administration has its seat. The application for a court decision does not have suspensive effect. Sections 4 and 5 as well as section 14 (1) and (2) and section 48 (2) shall apply to the procedure. (8) The above provisions shall apply accordingly if the determination is sought that the conditions for the recognition of a (9) The finding that the conditions for recognition are or are not available is binding on the courts and the administrative authorities. (10) Was in a German family book on 1 November 1941 (marriage register) on the basis of a foreign decision, the annulment, repeal, In the case of divorce or separation or the existence or non-existence of a marriage, the endorsement shall be the same as that provided for in this provision. Unofficial table of contents

§ 108 Recognition of other foreign decisions

(1) Apart from decisions in matrimonial matters, foreign decisions are recognised without the need for a special procedure. (2) Participants who have a legal interest may decide on the recognition or recognition of their decisions. Non-recognition of a foreign decision does not apply for the content of the property. Section 107 (9) shall apply accordingly. However, in the case of recognition or non-recognition of an acceptance as a child, § § 2, 4 and 5 of the Act of Adoption Act shall apply if the act adopted at the time of adoption of the Act is 18. (3) For the decision on the application referred to in the first sentence of paragraph 2, the court shall have a local jurisdiction in the district at the time of application.
1.
the defendant, or the person to which the decision relates, is habituated or
2.
in the absence of a competence referred to in paragraph 1, the interest in the determination becomes known or there is a need for care.
These responsibilities are exclusive. Unofficial table of contents

Section 109 Recognition obstacles

(1) The recognition of a foreign decision shall be excluded,
1.
if the courts of the other State are not competent under German law;
2.
if a person who has not referred to the main cause and is based on the matter, the document instituting the proceedings has not been duly notified in good time or in such a timely manner that he could exercise his rights;
3.
if the decision is incompatible with a previous foreign decision adopted or recognised here, or if the proceedings on which it is based are incompatible with a procedure which has previously been legally established in this case;
4.
if the recognition of the decision results in a result which is manifestly contrary to fundamental principles of German law, in particular if recognition is incompatible with fundamental rights.
(2) The recognition of a foreign decision in a matrimonial case shall not preclude § 98 para. 1 no. 4 if a spouse has had his habitual residence in the state whose courts have ruled. If a foreign decision in a matrimony is recognized by the states to which the spouses belong, § 98 is not contrary to the recognition of the decision. (3) § 103 is the recognition of a foreign decision in a No life-partnership matter if the register of leading State acknowledges the decision. (4) The recognition of a foreign decision which
1.
Family disputes,
2.
the obligation to provide care and support in the partnership of partnership;
3.
the rules governing the legal situation in the common flat and in the household items of the life partners;
4.
Decisions pursuant to § 6 sentence 2 of the Life Partnership Act in conjunction with § § 1382 and 1383 of the Civil Code, or
5.
Decisions in accordance with § 7 sentence 2 of the Life Partnership Act in conjunction with § § 1426, 1430 and 1452 of the Civil Code
, is excluded even if the reciprocity is not guaranteed. (5) A review of the legality of the foreign decision does not take place. Unofficial table of contents

§ 110 enforceability of foreign decisions

(1) A foreign decision shall not be enforceable if it is not to be recognized. (2) If the foreign decision has an obligation to the substance as referred to in § 95 (1), enforceability shall be pronounced by decision. The decision must be justified. (3) The District Court, in which the debtor has its general place of jurisdiction, and otherwise the District Court, in which the debtor has jurisdiction in accordance with Section 23 of the Code of Civil Procedure against the debtor, shall be responsible for the decision referred to in paragraph 2. can be collected. The decision shall be adopted only if the decision of the foreign court has acquired the legal force in accordance with the law applicable to that court.

Book 2
Procedures in family matters

Section 1
General provisions

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Section 111 Family matters

Family matters
1.
Ehesachen,
2.
Childhood things,
3.
descent,
4.
-adopted cases,
5.
Marriage and household matters,
6.
Cases of non-violent acts,
7.
Supply compensatory matters,
8.
Maintenance matters,
9.
Goods and services
10.
other family matters,
11.
Life Partnerships.
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Section 112 Family matters

Family matters are the following family matters:
1.
Matters pursuant to section 231 (1) and life-partnership matters pursuant to § 269 (1) (8) and (9),
2.
Items of goods in accordance with section 261 (1) and civil partnership matters pursuant to § 269 (1) (10) and (1)
3.
other family matters pursuant to section 266 (1) and life partnership matters in accordance with section 269 (2).
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Section 113 Application of provisions of the Code of Civil Procedure

(1) In matrimonial matters and family disputes § § 2 to 22, 23 to 37, 40 to 45, 46 sentences 1 and 2 as well as § § 47 and 48 as well as 76 to 96 are not to be applied. The general provisions of the Code of Civil Procedure and the rules of the Code of Civil Procedure on the procedure before the county courts apply. (2) The provisions of the Code of Civil Procedure shall apply in family disputes over the (3) In matrimonial matters and family disputes § 227 (3) of the Code of Civil Procedure is not applicable. (4) In matrimonial matters, the provisions of the Code of Civil Procedure are to be applied.
1.
the consequences of the subblic or refusal to make a statement of facts,
2.
the conditions for a change of action,
3.
the determination of the procedure, the early first date, the written pre-trial procedure and the plea for action,
4.
the quality negotiation,
5.
the effect of the judicial confession,
6.
the recognition,
7.
the consequences of the sublime or refusal to make a declaration on the authenticity of documents;
8.
the renunciation of the funeral of the opponent as well as of witnesses or experts
(5) In the case of the application of the Code of Civil Procedure, the name of the name shall be replaced by the name
1.
Process or lawsuit the name of proceedings,
2.
Application of the name application,
3.
Plaintiff, the term applicant,
4.
Defendant the name of the defendant,
5.
Party the designation participant.
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Section 114 Representation by an attorney; attorney

(1) Before the Family Court and the Oberlandesgericht (Oberlandesgericht), the spouses in matrimonial matters and the following cases must be represented by an attorney in matrimonial matters. (2) Before the Federal Court of Justice, the (3) Public authorities and legal persons under public law, including the concentrations they have formed in order to fulfil their public duties by their own employees or by employees of others to represent public authorities or legal persons under public law, including the concentrations that they have formed to carry out their public functions. Before the Federal Court of Justice, the persons entitled to represent them must have the competence to the judge's office. (4) The representation by a lawyer does not need to be
1.
in the procedure of the injunction,
2.
in maintenance matters for participants who are represented by the Youth Welfare Office as assistance, guardian or supplementary pension,
3.
for consent to divorce and the withdrawal of the divorce request and for the revocation of consent to divorce,
4.
for a request for the separation of a subsequent cache of divorce,
5.
in the procedure for legal aid,
6.
in the cases of Section 78 (3) of the Code of Civil Procedure and
7.
for the application for the implementation of the supply compensation in accordance with Section 3 (3) of the Supply Equalization Act and the declarations on the right to vote pursuant to § 15 (1) and (3) of the Supply Equalization Act.
(5) The Plenipotentiary in matrimonial matters shall require a special attorney for the proceedings. The full power for the divorce case also extends to the Folgesachen. Unofficial table of contents

Section 115 Rejection of assault and defence equipment

In matrimonial matters and family disputes, means of attack and defence which are not brought forward in good time may be rejected if their authorisation, in accordance with the free conviction of the court, would delay the execution of the proceedings and the delay is due to gross negligence. Moreover, by way of derogation from the general rules, the means of attack and defence are to be permitted. Unofficial table of contents

Section 116 Decision by decision; effectiveness

(1) The court decides in family matters by decision. (2) Final decisions in matrimonial matters shall take effect with legal force. (3) Final decisions in family matters shall be effective with legal force. The court may order the immediate effect. To the extent that the final decision contains an obligation to provide maintenance, the court shall order the immediate effect. Unofficial table of contents

Section 117 Legal remedies in matrimony and family disputes

(1) In matrimonial matters and family disputes, the appellant has to submit a specific application in order to justify the complaint and to justify it. The statement of reasons shall be submitted to the appeal court. The time limit for the justification of the appeal shall be two months and shall begin with the written announcement of the decision, no later than five months from the date of adoption of the decision. § 520 para. 2 sentence 2 and 3 as well as § 522 para. 1 sentence 1, 2 and 4 of the Code of Civil Procedure apply accordingly. (2) § § 514, 516 para. 3, § 521 para. 2, § 524 para. 2 sentence 2 and 3, § § 527, 528, 538 para. 2 and § 539 of the Code of Civil Procedure apply in the Appeal procedures accordingly. A quality negotiation does not require the appeal and appeal proceedings. (3) If the appeal court intends to refrain from any individual procedural steps pursuant to Article 68 (3) sentence 2, the court has previously indicated to the parties concerned. (4) If the final decision is announced in the date when the oral proceedings were closed, the justification may also be included in the minutes. (5) For the reinstatement of the time limits for the reasons for the § § 233 and 234 (1) sentence 2 of the Civil procedure regulation accordingly. Unofficial table of contents

Section 118 Resumation

§ § 578 to 591 of the Code of Civil Procedure apply accordingly for the resumption of the procedure in matrimonial matters and family disputes. Unofficial table of contents

Section 119 Arrest Order and Arrest

(1) In the case of family disputes, the provisions of this Act are to be applied by means of the injunction. In the case of family disputes according to § 112 no. 2 and 3, § 945 of the Code of Civil Procedure applies accordingly. (2) The court may order the Arrest in family matters. § § 916 to 934 and § § 943 to 945 of the Code of Civil Procedure shall apply accordingly. Unofficial table of contents

§ 120 Enforcement

(1) Enforcement in matrimonial matters and family disputes shall be carried out in accordance with the provisions of the Code of Civil Procedure on the enforcement of enforcement. (2) Final decisions shall be enforceable with effective action. If the pledge credibly claims that enforcement would bring him a disadvantage which would not be replaced, the Court of First Instance, at its request, has to cease or restrict the execution before the legal force has entered the final decision. In the cases of Section 707 (1) and Section 719 (1) of the Code of Civil Procedure, enforcement may be suspended or limited only under the same conditions. (3) The obligation to commit marriage and to establish matrimonial life is not subject to enforcement.

Section 2
Proceedings in matrimonial matters; proceedings in divorce matters and subsequent proceedings

Subsection 1
Procedures in matrimonial matters

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§ 121 matrimonial matters

Matrimonial matters are procedures
1.
for divorce, divorce (divorce),
2.
on the lifting of marriage and
3.
on the determination of the existence or non-existence of a marriage between the parties.
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Section 122 Local competence

Only responsible in this ranking is the following:
1.
the court in whose district one of the spouses has his habitual residence with all the Community minor children;
2.
the court in whose district one of the spouses has his habitual residence with a part of the children of the Community minor, provided that the other spouse does not have a community minor in his habitual residence have;
3.
the court in whose district the spouses have had their common habitual residence at last, if one of the spouses has his habitual residence in the case of the entry of the jurisdiction in the district of that court;
4.
the court in whose district the defendant has his habitual residence;
5.
the court in whose district the applicant has his habitual residence;
6.
the district court of Schöneberg in Berlin.
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Section 123 levy on the penance of several matrimonial matters

If matrimonial matters relating to the same marriage are pending in different courts in the first legal proceedings, if only one of the proceedings is a divorce case, the remaining matrimonial matters shall be handed over to the court of divorce proceedings by their own motion. Otherwise, the charge will be handed over to the court of the Ehesache, which has first become legally dependent. § 281 (2) and (3) sentence 1 of the Code of Civil Procedure shall apply accordingly. Unofficial table of contents

Section 124 Request

The proceedings in matrimonial matters shall be submitted by submitting an application. The provisions of the Code of Civil Procedure on the application of the application are applicable accordingly. Unofficial table of contents

§ 125 Procetability

(1) In matrimonial matters, a spouse which is limited in the capacity of business is capable of carrying out proceedings. (2) The proceedings shall be conducted by the legal representative for a spouse who is not able to be incapable of business. The legal representative shall require the application for divorce or the annulment of the marriage of the consent of the family or care court. Unofficial table of contents

§ 126 Several matrimonial matters; matrimonial matters and other procedures

(1) matrimonial matters concerning the same marriage may be connected to one another. (2) A connection of matrimonial matters with other procedures is inadmissible. § 137 shall remain unaffected. (3) If the request for annulment and divorce is requested in the same proceedings, and if both requests are justified, only the annulment of the marriage shall be pronounced. Unofficial table of contents

§ 127 Limited term of office

(1) The Court of First Instance shall, on its own account, carry out the investigations necessary for the determination of the relevant facts. (2) In proceedings for divorce or annulment of the marriage, facts not submitted by the parties shall be subject to the following: if it is appropriate to serve the maintenance of marriage or if the applicant does not object to a consideration. (3) In proceedings for divorce, the court may have exceptional circumstances in accordance with § 1568 of the Civil code shall only take into account if it is provided by the spouse, who Divorce has been rejected. Unofficial table of contents

§ 128 Personal appearance of the spouses

(1) The court shall order the personal appearance of the spouses and listen to them. The hearing of a spouse shall take place in the absence of the other spouse, if this is necessary for the protection of the spouse to be heard or for any other reason. The court may, on its own account, hear one or both spouses as participants, even if the conditions laid down in § 448 of the Code of Civil Procedure are not fulfilled. (2) If there are children of a community minor, the court has the right to: (3) If a spouse is prevented from appearing or is held at such a distance from the seat of the court that he or she shall not have the right to give advice, he or she shall be informed of his/her right of access to his/her spouse. If it cannot appear, the hearing or hearing may be requested by a requested person. (4) Against an unpublished spouse is to be proceedings as against a witness who had not appeared in the consensual date; the order is ruled out. Unofficial table of contents

Section 129 Participation of the managing authority or third persons

(1) If the competent administrative authority or in the event of infringement of § 1306 of the Civil Code the third person asks for the annulment of the marriage, the application shall be directed against both spouses. (2) If in the cases of § 1316 (1) (1) of the In the case of a spouse or the third person, the competent administrative authority shall be informed of the application. In such cases, even if it has not submitted the application, the competent administrative authority may, in particular, make applications or appeal to it for its own purposes. In the case of an application for the determination of the existence or non-existence of a marriage between the parties, the rates 1 and 2 shall apply accordingly. Unofficial table of contents

§ 130 Säumnis der Participant

(1) The decision to default against the applicant must be made in such a way that the application is deemed to be withdrawn. (2) A failure to make a decision against the defendant and a decision on the file situation shall be inadmissible. Unofficial table of contents

Section 131 Death of a spouse

If a spouse dies before the final decision is final in the matrimonial case, the proceedings shall be deemed to have been dealt with in the main proceedings. Unofficial table of contents

Section 132 Costs in the abolition of marriage

(1) If the annulment of the marriage is pronounced, the costs of the procedure shall be set aside. In view of the fact that in the case of marriage a spouse alone has known the annulability of the marriage or a spouse by fraudully deception or unlawful threat on the part of the other spouse or with his/her knowledge of the marriage (2) Paragraph 1 shall not apply if a marriage at the request of the competent administrative authority or in the event of violation of § 1306 of the law of the law of the European Union, the court of law may not be granted the right to Civil code is repealed at the request of the third party.

Subsection 2
Procedures in divorce matters and cases of torture

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Section 133 Contents of the application

(1) The application must contain:
1.
the names and dates of birth of Community minor children and the communication of their habitual residence,
2.
the declaration as to whether the spouses have a system of parental care, the handling and maintenance of children's rights, and the legal basis for legal conditions established by the marriage; on the marriage flat and on the household items, and
3.
an indication as to whether family matters involving both spouses are otherwise pending.
(2) The application shall be accompanied by the marriage certificate and the birth certificates of the Community minor children. Unofficial table of contents

Section 134 consent to divorce and withdrawal; revocation

(1) The consent to the divorce and the withdrawal of the divorce request can be explained to the minutes of the office or oral proceedings to the minutes of the court. (2) The consent to divorce can be reached until the end of the oral proceedings on which the divorce of the marriage will be decided, shall be revoked. The revocation may be declared to the minutes of the office or at the oral proceedings for the minutes of the court. Unofficial table of contents

Section 135 Extrajudicial conflict resolution on the following matters

The court may order that the spouses individually or jointly at a free briefing on mediation or any other possibility of non-judicial settlement of the conflict of pending cases in the case of one of the courts , and shall submit a confirmation of that person. The arrangement is not capable of being countervailable independently and not enforceable with forced means. Unofficial table of contents

Section 136 Suspension of proceedings

(1) The court shall suspend the proceedings of its own motion if, according to its free conviction, there is a prospect of a continuation of marriage. If the spouses are separated for more than one year, the proceedings may not be subject to the opposition of both spouses. (2) If the applicant has requested the suspension of the proceedings, the court may not grant the divorce of the marriage before the procedure has been suspended. (3) The suspension may only be repeated once. It must not exceed a period of one year, for a period of more than three years, for a period of six months. (4) With the suspension, the court should normally advise the spouse to take up a marriage counseling. Unofficial table of contents

Section 137 Collective of divorce and subsequent singing

(1) To negotiate and to decide together on divorce and folgesing (Verbund). (2) Folgesachts are
1.
Supply compensatory matters,
2.
Matters relating to maintenance, provided that they concern the maintenance of a Community child or the legal obligation to provide such information, with the exception of the simplified procedure relating to the maintenance of minors,
3.
Marriage and household matters, and
4.
Goods and services
if a decision is to be taken in the event of divorce and the family matter is brought before the divorce case by a spouse at the latest two weeks before the oral proceedings in the first legal suit. In the cases of § § 6 to 19 and 28 of the Supply Equalization Act no application is required for the pension compensation. (3) Folgessuits are also child matters, which are the transfer or withdrawal of parental care, the right of access or the issuance of a Community child of the spouses or the right of access of a spouse with the child of the other spouse, if a spouse, before the end of the oral proceedings, in the first legal suit in the divorce case Inclusion in the association is requested unless the court considers the inclusion of (4) In the case of a transfer or a charge, proceedings which satisfy the conditions set out in paragraph 2 or paragraph 3 shall be followed by proceedings in the court of divorce proceedings in the case of the court of divorce. (5) Severed cases of torture as referred to in paragraph 2 shall continue to be followed; if several of the following cases have been severed, the association shall also continue to exist among them. After the separation, the following shall continue as a separate procedure after the separation. Unofficial table of contents

Section 138 Order of a lawyer

(1) If the defendant is not legally represented in a divorce case, the court has an attorney for the divorce case and a child's cause as a follow-up of his or her own for the exercise of his rights in the first legal suit. where this measure appears to be independent of the court's conviction for the protection of the party concerned, and Section 78c (1) and (3) of the Code of Civil Procedure shall apply mutatily. The person concerned should be heard in person before an apportionment, and it should also be pointed out that, and under what conditions, family matters can be negotiated and decided simultaneously with the divorce matter. (2) The An attorney has the status of an adviser. Unofficial table of contents

Section 139 Participation of other parties and third persons

(1) If other parties are present in addition to the spouses, preparatory written records, copies or copies shall be communicated or delivered to them only in so far as the content of the document relates to them. The same applies to the delivery of decisions to third parties who are entitled to appeal. (2) The other parties concerned may be excluded from participation in the oral proceedings in so far as the The family matter in which they are involved is not the subject of the negotiation. Unofficial table of contents

§ 140 Separation

(1) If a further person is involved in the procedure in a maintenance sequence or in the case of a succession of goods in addition to the spouses, the following ache is to be separated. (2) The court can separate a sequence of cases from the composite. This shall be permitted only if:
1.
a decision cannot be taken in the case of a supply compensation sequence or a consequential order of goods before the dissolution of the marriage,
2.
is subject to the procedure in a supply compensation case, because a dispute over the stock or the amount of a right is pending before another court,
3.
in a case of child death, the Court of First Instance deems it appropriate for reasons of child welfare or is subject to the proceedings,
4.
for a period of three months since the right of the divorce application has expired, both spouses have carried out the necessary joint action in the supply compensation sequence, and both agree to the separation of such acts request or
5.
the divorce statement would be so extraordinatingly delayed that a further postponing, taking into account the significance of the follow-up ache, would constitute an unreasonable hardship, and a spouse applied for the separation.
(3) In the case referred to in paragraph 2 (3), the court may also, at the request of a spouse, separate a maintenance case if this appears to be necessary because of the relationship with the child's frequency. (4) In the cases referred to in paragraph 2 (4) and (5), the Court of First Instance shall: the period preceding the expiry of the first year since the entry of the separation life. This does not apply if the conditions of § 1565 (2) of the Civil Code are fulfilled. (5) The request for separation may be filed with the minutes of the office or at the oral proceedings for the minutes of the court (6) The decision shall be taken by means of a separate decision; it shall not be able to be challenged on its own. Unofficial table of contents

Section 141 Revocation of the divorce request

If a divorce application is withdrawn, the effects of the withdrawal shall also apply to the following cases. This shall not apply to the following cases concerning the transfer of parental concern or part of parental concern for the risk of the child to a parent, guardian or nurse, as well as to the following cases in respect of which: Participant before the withdrawal has expressly stated that he/she wants to continue. These will be continued as independent family matters. Unofficial table of contents

Section 142 Single final decision; dismissal of the divorce request

(1) In the event of divorce, a uniform decision shall be taken on all family matters in connection with the divorce. This shall also apply in so far as a decision of failure is to be taken. (2) If the divorce application is dismissed, the Folgesachen shall be subject to any undue consideration. This does not apply to the following cases in accordance with Section 137 (3) and to the Folgesachen, in respect of which a participant has expressly stated before the decision that he or she wish to continue. These will be continued as independent family matters. (3) If the decision referred to in paragraph 1 contains a decision on the compensation of supply, it may be referred to the decision-making formula in so far as the decision is announced. Unofficial table of contents

§ 143 objection

If, in the case of Section 142 (1), second sentence, an appeal against the decision of default and an appeal against the decision is appealed, first of all to negotiate and decide on the objection and the decision of the failure. Unofficial table of contents

Section 144 waiver of access rights

If the spouses have renounced the right to divorce, they may also, by means of an appeal to an appeal, dispense with an appeal in a subsequent case before such an appeal is filed. Unofficial table of contents

§ 145 freezing of the right of appeal and access rights

(1) Where a decision which has been adopted in a uniform manner in accordance with section 142 has been challenged in part by appeal or legal complaint, parts of the uniform decision concerning a different family matter may be made by extending the appeal or as a result of the closure of the appeal, only until the end of one month after the announcement of the grounds of appeal; the last one shall be the last in the case of several announces. If a justification of the legal remedy is not required by law, the announcement of the legal remedy shall be replaced by the announcement of the pleadings with which the appeal was filed. (2) Within this period, a such extension of the legal remedy or closure to the appeal shall be extended by another month. In the event of a further extension of the appeal or the closure to the appeal within the extended period, the first sentence shall apply mutatily. Unofficial table of contents

Section 146 Rejection

(1) Where a decision has been annulled which dismissed the application for divorce, the appeal court shall refer the matter back to the court which issued the dismissal if there is a follow-up to the decision there. The Court of First Instance also has to base its judgment on the legal judgment on which the annulment was based. (2) The court to which the matter was remitted may, if the annulment decision has been referred to the Court of First Instance, may appeal to the Court of First Instance. on request to arrange for the negotiations on the following matters to be negotiated. Unofficial table of contents

Section 147 Extended repeal

If a decision is partially annulled on a legal complaint, the appeal court may, at the request of a party, also repeal the decision in so far as the case for any other negotiation and decision to the appeal court. Refer back as this appears on the basis of the link with the decision that has been raised. A waiver of the divorce may only be waiver within one month after the date of notification of the right of appeal or of the decision on the admission of the legal complaint, in the case of several deliveries up to the end of one month after the last Delivery, requested. Unofficial table of contents

Section 148 Reaction of decisions in the following cases

The decisions in Folgesachen shall not be effective before the divorce proceedings have been legal. Unofficial table of contents

Section 149 Extension of the granting of procedural aid

The granting of procedural aid to the divorce case shall extend to a supply compensation case, unless an extension is expressly excluded. Unofficial table of contents

§ 150 Costs in divorce matters and cases of folly

(1) Where divorce is pronounced, the costs of divorce and subsequent matrimony shall be set aside. (2) If the divorce application is rejected or withdrawn, the applicant shall bear the costs of the divorce case and the costs of the divorce. Folgessuits. If divorce requests from both spouses are withdrawn or dismissed, or if the proceedings are dealt with in the main proceedings, the costs of divorce and subsequent matrimony shall be set aside. (3) Are in a subsequent case which is not according to § (4) In the cases referred to in paragraphs 1 to 3, the distribution of costs, in particular with regard to the reconciliation of the two parties, shall be borne by the spouse. Spouses or the result of a maintenance case carried out as a follow-up; or The Court of First Instance may otherwise distribute the costs of the goods in a manner which is not cheap. It may also take into account whether a participant of a judicial order has failed to participate in an information discussion in accordance with § 135, provided that the party concerned has not apologized enough. If the parties have reached an agreement on the costs, the court shall base them in whole or in part of the decision. (5) The provisions of paragraphs 1 to 4 shall also apply with regard to the following matters, which shall be subject to the following: Separation is to be decided separately. If the following are continued as self-employed family matters, the respective costs are to be applied.

Section 3
Procedures in Child Matters

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Section 151 Child

Child matters shall be the procedures assigned to the family court, which shall:
1.
the parental concern,
2.
the right of access and the right to information on the personal circumstances of the child;
3.
the child's release,
4.
the guardianship,
5.
the parish or the court order of another representative for a minor or for a fruit fruit,
6.
the approval of the deprivation of a minor (§ § 1631b, 1800 and 1915 of the Civil Code),
7.
the arrangement of the deprivation of accommodation of a minor under the Land laws on the placement of the mentally ill, or
8.
the tasks under the juvenile justice law
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Section 152 Local competence

(1) In the case of a matrimony, the court in which the matrimony is or has been pending in the first legal proceedings shall be the exclusive jurisdiction of the German courts in the case of child matters, provided that they have Community children of the spouses. (2) Otherwise, the court in whose district the child has his habitual residence shall be the competent court. (3) If the jurisdiction of a German court under paragraphs 1 and 2 is not given, the court in whose district the court is responsible shall be responsible for the The need for care to be known. (4) For those in the § § 1693 and 1846 of the Civil The law and the measures referred to in Article 24 (3) of the Introductory Act to the Civil Code are also the courts in which the need for care is known in the district. The measures ordered shall be communicated to the court in which a guardianship or a parish is pending. Unofficial table of contents

Section 153 levy to the court of the Ehesache

If a matrimonial case becomes legally valid, while a child's case involving a child of the spouse is pending before another court in the first legal proceedings, the court of the matrimonial court shall be required to hand it out of its own motion. § 281 (2) and (3) sentence 1 of the Code of Civil Procedure shall apply accordingly. Unofficial table of contents

Section 154 referral of the child's residence on one side

The court competent pursuant to Section 152 (2) may refer a case to the court of the former habitual residence of the child if a parent has changed the stay of the child without the prior consent of the other. This does not apply if the other parent is not entitled to the right of residence or if the change in the place of stay was necessary for the protection of the child or the caring parent. Unofficial table of contents

Section 155 Priority and acceleration

(1) Child-related matters concerning the child's stay, the right of access or the child's surrender, as well as procedures for endangering the child's well-being are to be carried out as a priority and expedited. (2) The Court shall discuss in procedures Paragraph 1 shall be the case with the parties concerned in an appointment. The deadline is to take place no later than one month after the start of the procedure. The court hears the Jugendamt in this appointment. A transfer of the appointment is permissible only for compelling reasons. (3) The court is to order the personal appearance of the parties to the proceedings on the date. (4) If the court has a procedure under paragraph 1 in order to carry out a mediation or of any other procedure for non-judicial settlement of the conflict, it shall, as a rule, resume the proceedings after three months if the parties concerned do not achieve a consensual settlement. Unofficial table of contents

Section 155a Procedure for the transfer of common parental concern

(1) The following provisions of this paragraph shall apply to the procedure laid down in Article 1626a (2) of the Civil Code. The date of birth and place of birth of the child shall be disclosed in the application for the transfer of the common concern. (2) § 155 (1) shall apply accordingly. The court shall submit to the other parent the request for the transfer of the joint concern in accordance with § § 166 to 195 of the Code of Civil Procedure, and shall set a time limit for the opinion, which shall be submitted to the mother at the earliest six weeks after the birth of the (3) In the cases of § 1626a (2) sentence 2 of the Civil Code, the court shall decide by written procedure without hearing the Jugendamt and without having to consult the parents in person. § 162 shall not apply. The Court of First Instance shall inform the Jugendamt, in accordance with the second sentence of Article 87c (6) of the Eighth Book of the Social Code, of his decision indicating the date of birth and the place of birth of the child and the name of the child at the time of his or her assessment of his or her child's birth. Birth has led to the purposes stated in § 58a of the Eighth Book of Social Code. (4) Will be known to the court by the talk of the parties concerned or in any other way reasons that are contrary to the common parental concern. , Article 155 (2) shall apply, with the proviso that the date referred to in the second sentence shall apply at the latest The following month shall be held after the date of the notification of the reasons, but not before the expiry of the mother's opinion in accordance with the second sentence of paragraph 2. § 155 (3) and 156 (1) shall apply accordingly. (5) Sortations and consents of the legal representative of a limited-business parent may also be declared in the discussion date of the minutes of the court. Section 1626d (2) of the Civil Code shall apply accordingly. Unofficial table of contents

Section 156 hint at agreement

(1) The Court of First Instance shall, in the case of child matters relating to parental care in the event of separation and divorce, the residence of the child, the right of access or the publication of the child, be subject to agreement between the parties in each situation of the proceedings. If this does not contradicts the child's welfare. It draws attention to the possibilities of advice provided by the counselling centres and services of the providers of child and youth assistance, in particular for the development of a consensual approach to the perception of parental care and parental care. Responsibility. The court may order that the parents, individually or jointly, at a free briefing on mediation or on any other possibility of non-judicial settlement of the conflict in a person appointed by the court, or Take part and submit a confirmation of this. It may also arrange for the parents to participate in a counseling according to sentence 2. The arrangements according to the sentences 3 and 4 are not self-enforceable and are not enforceable with coercive means. (2) The parties agree on the handling or the release of the child, the consensual settlement is the comparison if the Court of First Instance approves it (settlement approved by the court). The court approves the transitional arrangements if it does not contradicts the child's welfare. (3) In childhood cases concerning the child's stay, the right of access or the release of the child, a consensual settlement can be made in accordance with § § § Under Article 155 (2), the Court of First Instance has to discuss with the parties concerned and the Jugendamt the adoption of an injunction. If the participation in a consultation is arranged at a free briefing on mediation or any other possibility of out-of-court conflict resolution or a written review, the court shall in Child matters relating to the right of access shall govern or rule out the handling of a consecting order. The court is to personally listen to the child before issuing a single-order arrangement. Unofficial table of contents

Section 157 Discussion of child welfare; injunction

(1) In proceedings in accordance with § § 1666 and 1666a of the Civil Code, the court shall discuss with the parents and in appropriate cases also with the child how a possible danger to the child's well-being, in particular through public aid, is met (2) The court has to order the personal appearance of the parents on the date referred to in paragraph 1 above. The court conducts the discussion in the absence of a parent if this is necessary to protect a participant or for other reasons. (3) In proceedings pursuant to § § 1666 and 1666a of the Civil Code, the Court of First Instance to examine without delay the adoption of an injunction. Unofficial table of contents

Section 158 procedural assistance

(1) The court has to appoint a suitable procedural counsellor to the minor child in childhood matters concerning his/her individual, insofar as this is necessary for the performance of his or her interests. (2) The order is usually required,
1.
if the interest of the child is in considerable contrast to that of its legal representatives,
2.
in proceedings in accordance with § § 1666 and 1666a of the Civil Code, if the partial or complete withdrawal of the person's order is contemplated,
3.
if a separation of the child is to be carried out by the person in whose care it is located,
4.
in proceedings relating to the publication of the child or a stay of the child, or
5.
if the exclusion or a substantial restriction of the right of access is considered.
(3) The procedural assistance shall be ordered as early as possible. He is added to the proceedings by his appointment as a participant. If, in the cases referred to in paragraph 2, the Court of First Instance departs from the appointment of a procedural aid, this shall be justified in the final decision. The appointment of a procedural aid or its annulment as well as the rejection of such a measure cannot be challenged on its own. (4) The proceedings of the proceedings shall determine the interest of the child and shall apply in the judicial proceedings. - He/she shall inform the child of the subject matter, the sequence and possible outcome of the proceedings in an appropriate manner. To the extent that, in the circumstances of the individual case, there is a need, the court may delegate the additional task to the proceedings of the proceedings, to hold discussions with the parents and other persons of the child's reference and to arrive at a to cooperate on the subject-matter of the proceedings. The court has to specify the nature and scope of the assignment in practice and to justify the application. The procedural assistance may appeal to the child in the interest of the child. He is not a legal representative of the child. (5) The order shall not be placed or rescinded if the interests of the child are adequately represented by a lawyer or other appropriate procedural representative. (6) The the order is terminated unless it is repealed,
1.
with the legal force of the decision concluding the procedure, or
2.
with the other conclusion of the procedure.
(7) § 277 (1) shall apply to the replacement of expenses incurred by the non-professional procedural assistance. Where the proceedings of the proceedings are carried out in a professional manner, the proceedings of the proceedings for the performance of his duties pursuant to paragraph 4 shall each receive a one-off remuneration of EUR 350 in each legal proceedings. In the case of the transfer of tasks referred to in the third sentence of paragraph 4, the remuneration shall be increased to 550 euros. The remuneration shall also apply to claims for reimbursement of expenses incurred in connection with the proceedings of the proceedings, as well as to the sales tax incurred in respect of the remuneration. The rate of charge and the remuneration are always to be paid from the state treasury. Furthermore, Section 168 (1) shall apply mutatily. (8) No costs shall be incurred to the proceedings of the proceedings. Unofficial table of contents

Section 159 Personal hearing of the child

(1) The court has to listen to the child personally if it is the 14. Year of life has been completed. Where the proceedings relate solely to the child's property, a personal hearing may be waited if such a hearing does not appear on the basis of the nature of the case. (2) The child shall have the 14. It must be heard personally if the child's inclinations, ties or the will of the child are relevant to the decision, or if a personal hearing is indicated for other reasons. (3) From a The Court of First Instance may, for serious reasons, depart from a personal interview pursuant to paragraph 1 or 2. (4) The child shall be informed of the subject matter, the sequence and the possible outcome of the proceedings in a suitable manner appropriate to his or her age, to the extent that there are no disadvantages for its development, education or health. It is an opportunity for him to express his views. If the court orders the child according to § 158 a procedural councor, the personal interview shall be held in the presence of the child. In addition, the design of the personal interview is at the discretion of the court. Unofficial table of contents

§ 160 Hearing of parents

(1) In proceedings concerning the person of the child, the court shall personally listen to the parents. In proceedings according to § § 1666 and 1666a of the Civil Code, the parents are to be heard in person. (2) In other childhood cases, the court has to listen to the parents. This does not apply to a parent who is not entitled to parental care unless the hearing can be expected to be informed. (3) The hearing may not be heard only for serious reasons. (4) The hearing shall not be heard. in the event of a risk of delay, it shall be taken up without delay. Unofficial table of contents

Section 161 Participation of the carer

(1) The court may, in proceedings relating to the person of the child, involve the caregiver in the interests of the child as a participant if the child has been living in family care for a longer period of time. The first sentence shall apply if the child is based on a decision in accordance with § 1682 of the Civil Code with the spouse, life partner or authorised person referred to therein. (2) The persons referred to in paragraph 1 shall be heard if the Child has been living in family care for a long time. Unofficial table of contents

Section 162 Participation of the Jugendamt

(1) The Court of First Instance shall consult the Jugendamt in proceedings concerning the person of the child. If the hearing is not due to danger, it is to be found immediately. (2) In proceedings pursuant to § § 1666 and 1666a of the Civil Code the Jugendamt is to be involved. In addition, the Jugendamt is to participate in his application in proceedings. (3) In proceedings concerning the person of the child, the Jugendamt is to be notified of appointments and all decisions of the court are to be made known to him. Against the decision, the Jugendamt has the right to complain. Unofficial table of contents

§ 163 Deadline for written evaluation; contents of the report; testimonial of the child

(1) If written evaluation is ordered, the court shall at the same time set a time limit within which it has to submit the opinion. (2) The court may order in proceedings concerning the person of the child that the person of the child shall be subject to the In the preparation of the expert opinion, experts should also be involved in the preparation of the agreement between the parties involved. (3) A hearing of the child as a witness does not take place. Unofficial table of contents

Section 164 Disclosure of the decision to the child

The decision against which the child can exercise the right to complain is to be made known to the child himself, if it is the 14. It has completed a life year and is not incapable of business. An explanatory statement should not be communicated to the child if it is to be feared that the child is suffering from disadvantages for its development, education or health. Section 38 (4) no. 2 shall not apply. Unofficial table of contents

Section 165 Conciliation procedure

(1) Power a parent claims that the other parent foes or complicates the conduct of a judicial decision or a court-approved settlement on the handling of the community child, the court conveys at the request of a parent between the parents. The court may refuse mediation if a conciliation procedure or subsequent out-of-court deliberation has already been unsuccessful. (2) The court shall immediately invite the parents to a conciliation date. On this date, the court orders the personal appearance of the parents. In the summons, the Court of First Instance shall indicate the legal consequences of an unsuccessful conciliation procedure in accordance with paragraph 5. In appropriate cases, the court also invites the Jugendamt to the appointment. (3) In the appointment, the court discusses with the parents what consequences the ominous of the transition for the best interests of the child can have. It draws attention to the legal consequences which may arise when dealing with or making it difficult to deal with, in particular the fact that the means of order can be imposed, or that parental concern can be restricted or withdrawn. It draws the parents ' attention to the existing possibilities of counselling by the counselling centres and services of the providers of child and youth assistance. (4) The Court should ensure that the parents agree on the exercise of the handling of the . If a court-approved settlement is reached, the settlement shall replace the previous settlement. If an agreement is not reached, the points of contention shall be recorded in the note. (5) It shall not be reached or appears to be a consensual settlement of the handling or agreement on a subsequent use of out-of-court deliberation. at least one parent does not in the conciliation date, the Court of First Instance finds, by means of a non-contestable decision, that the conciliation procedure has not been successful. In that case, the Court of First Instance shall examine whether the order of order has been taken, changes to the transitional arrangements should be made or measures relating to the concern to be taken. Where an appropriate procedure is initiated on its own account or on a request submitted within one month by a parent, the costs of the conciliation procedure shall be treated as part of the costs of the subsequent proceedings. Unofficial table of contents

Section 166 Amendment and review of decisions and court-approved comparisons

(1) The court changes a decision or a court-approved settlement in accordance with § 1696 of the Civil Code. (2) A child protection measure lasting longer has to be taken by the court at appropriate intervals. (3) If the Court of First Instance departs from a measure in accordance with § § 1666 to 1667 of the Civil Code, it shall review its decision at an appropriate time interval, usually after three months. Unofficial table of contents

Section 167 Applicable rules for the accommodation of minors

(1) In proceedings pursuant to § 151 no. 6, the provisions applicable to accommodation matters pursuant to § 312 No. 1 are to be applied to accommodation matters pursuant to Section 312 (3) of the Rules of Procedure. The procedural counsellor shall be replaced by the procedural person. (2) In the case of a child's cause referred to in paragraph 1, a court having jurisdiction other than that in which a guardianship or a pawn covering the accommodation shall be responsible for the child's cause of death shall be replaced by the procedural authority. The court responsible for the proceedings referred to in paragraph 1 shall inform this court of the order and the annulment of the guardianship or of the parish, the omission of the accommodation and a change in the person of the The competent court shall inform the competent authority of the proceedings referred to in paragraph 1 of this Article. other court, the accommodation measure, its modification, extension and repeal. (3) The person concerned shall be able to travel without regard to his business capacity, if he or she is the 14. (4) In the procedures referred to in the first sentence of paragraph 1, the parents to whom the person's order is due shall be heard personally by the legal representative in personal matters and by the foster parents. (5) The Jugendamt has to assist parents, guardians or caregivers at their request for accommodation. (6) In proceedings pursuant to § 151 nos. 6 and 7, the expert should be a doctor for child and adolescent psychiatry and psychotherapy. In proceedings pursuant to § 151 no. 6, the expert report can also be reimbursed by a psychotherapist, psychologist, pedagogue or social pedagogue, who has been designated in matters relating to merit. Unofficial table of contents

§ 167a Special provisions for procedures according to § 1686a of the Civil Code

(1) Applications for the grant of the right to transfer or to the right of access in accordance with § 1686a of the Civil Code are only admissible if the applicant is entitled to have the mother of the child accuperated during the time of conception instead of being insured. (2) Insofar as it is in a procedure relating to the right of access or the right of access in accordance with Section 1686a of the Civil Code, to clarify the biological paternity, any person has to tolerate investigations, in particular the taking of blood samples, (3) § 177 (2), second sentence, sentence 2 and Article 178 (2) shall apply accordingly. Unofficial table of contents

Section 168 Decision on payments of the Mündel

(1) The court shall determine by decision, if the guardian, the counterguardian or the muddle of the court order the court order or the court considers it appropriate:
1.
advance, reimbursement of expenses, compensation for expenses, insofar as the guardian or counterguardian may require them from the state treasury (§ 1835 (4) and § 1835a (3) of the Civil Code) or not transferred to him/her the property;
2.
A remuneration or a payment of a surcharge to be granted to the guardian or the counterguardian (§ 1836 of the Civil Code).
With the determination, the court determines the amount and time of the payments which the Mündel has to pay to the treasury in accordance with § § 1836c and 1836e of the Civil Code. The payments may be fixed separately if it is appropriate. In the absence of a determination in accordance with the first sentence and the claims referred to in the first sentence shall be directed against the public treasury, the rules on the procedure for the compensation of witnesses shall apply in respect of their cash outlays. (2) In the application The personal and economic conditions of the coin are to be presented. § 118 (2) sentences 1 and 2 as well as § 120 (2) and (3) and § 120a (1) sentences 1 to 3 of the Code of Civil Procedure shall be applied accordingly. If, according to the free conviction of the Court of First Instance, the cost of determining the personal and economic circumstances of the coin is disproportionate to the amount of the claim to be made by the Treasury or to the extent of the presumed amount of the (3) After the death of the coin, the Court of First Instance determines the amount and date of the payments, the heritage of the Mündel according to § 1836e of the Civil Code to the Treasury . The heir is obliged to provide information to the court on the stock of the estate. He shall, on request, submit to the court a list of the objects belonging to the inheritance, and to insure on oath that, to the best of his knowledge and consciences, he has declared the stock as fully as possible. (4) The Mündel shall be heard before a payment to be paid by him is fixed in accordance with paragraph 1. The heir must be heard before a decision pursuant to paragraph 3. (5) The provisions of paragraphs 1 to 4 shall apply mutaly to the plea. Unofficial table of contents

Section 168a Notification of obligations of the registry office

(1) Where the registry office is the death of a person who has left an underage child, or the birth of a child after the death of the father or the finding of a minor whose family status is not to be determined, or the birth of a child, If a child is indicated by a confidential birth in accordance with § 25 (1) of the Pregnancy Conflict Act, the registry office must inform the family court. (2) Lead parents who are responsible for a child with no hens and is not a member of the family. within one month of the birth of the child, the birth name of the child is not , the registry office shall inform the family court accordingly.

Section 4
Procedures in descent

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§ 169 Ancestral matters

Root causes are procedures
1.
on the determination of the existence or non-existence of a parent-child relationship, in particular the effectiveness or ineffectiveness of a recognition of paternity,
2.
on the replacement of consent to a genetic descent examination and arrangement of the culling of a sample collection;
3.
on the inspection of a copy of a copy or a copy of a copy, or
4.
on the challenge of fatherhood.
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Section 170 Local competence

(1) The court in whose district the child has his habitual residence is the exclusive jurisdiction. (2) If the jurisdiction of a German court in accordance with paragraph 1 is not given, the habitual residence of the mother, otherwise the father of the father, is not the responsibility of the child. (3) If a jurisdiction under paragraphs 1 and 2 does not exist, the district court of Schöneberg in Berlin shall be the sole competent authority. Unofficial table of contents

Section 171 Application

(1) The procedure shall be initiated by an application. (2) The application shall refer to the procedural objective and the persons concerned. In a procedure for the challenge of fatherhood pursuant to Section 1600 (1) (1) to (4) of the Civil Code, the circumstances surrounding the fatherhood and the date in which these circumstances became known are to be stated. In a procedure for the challenge of fatherhood pursuant to Section 1600 (1) No. 5 of the Civil Code, the circumstances which justify the assumption that the requirements of Section 1600 (3) of the Civil Code are justified must be indicated. as well as the date when these circumstances became known. Unofficial table of contents

Section 172 Participants

(1) To be involved
1.
the child,
2.
the mother,
3.
the father.
(2) The Jugendamt shall be involved in his application in the cases of § 176 (1) sentence 1. Unofficial table of contents

Section 173 Representation of a child by an assistance

If the child is represented by the Jugendamt as an assistance, the representation by the parent who is entitled to care is excluded. Unofficial table of contents

§ 174 procedural assistance

The Court of First Instance shall appoint a party to the proceedings of a minor in descent matters, provided that this is necessary for the performance of his or her interests. Section 158 (2) (1) and (3) to (8) shall apply accordingly. Unofficial table of contents

§ 175 discussion date; personal interview

(1) The court is to discuss the matter in an appointment before taking evidence of the descent. It is intended to order the personal appearance of the parties involved in the proceedings. (2) The court is to take a decision on the replacement of consent in a genetic lineage examination and the arrangement of the culling of the sampling (§ 1598a para. 2 of the Civil Code), the parents and a child, the 14. Year of life completed, personally listen. A younger child can listen to the court in person. Unofficial table of contents

Section 176 Consultation of the Jugendamt

(1) In the case of a dispute pursuant to Section 1600 (1) (2) and (5) of the Civil Code, and in the case of a dispute pursuant to Section 1600 (1) (4) of the Civil Code, the General Court should, if the legal representative is in dispute, listen to the Jugendamt. The Court of First Instance may, moreover, hear the Jugendamt if a party is a minor. (2) The Court of First Instance shall inform the Jugendamt of the decision in cases of dispute referred to in the first sentence of paragraph 1 and of a hearing provided for in the second sentence of paragraph 1. Against the decision, the Jugendamt has the right to complain. Unofficial table of contents

Section 177 Limited term of office; formal evidence of evidence

(1) In the proceedings for the challenge of fatherhood, facts not presented by the persons concerned may only be taken into account if they are suitable for the purpose of continuing to serve the fatherhood or if the paternity of the fatherhood is the end of a fatherhood. No consideration is given. (2) A formal proof of evidence has been accepted on the basis of the descent in proceedings pursuant to § 169 nos. 1 and 4. The evaluation by an expert may be replaced by the exploitation of an opinion on the descent obtained by a party with the consent of the other parties, if the court has no doubts as to the accuracy and Completeness of the findings made in the expert opinion and the parties concerned agree. Unofficial table of contents

Section 178 Studies on the determination of ancestry

(1) Insofar as it is necessary for the determination of descent, each person shall tolerate examinations, in particular the taking of blood samples, unless the examination cannot be attributed to it. (2) § § 386 to 390 of the Civil procedure rules apply accordingly. In the case of repeated unauthorized denial of the investigation, direct coercion can also be applied, in particular the forcibly screening for the examination. Unofficial table of contents

Section 179 majority of proceedings

(1) Ancestry cases involving the same child may be interlinked. A procedure for the determination of the existence of paternity can be linked to a maintenance matter according to § 237. (2) In addition, a connection between descent matters is inadmissible with one another or with other procedures. Unofficial table of contents

Section 180 Statements on the minutes of the Court of First Instance

The recognition of paternity, the consent of the mother and the revocation of recognition can also be explained in a discussion date on the minutes of the court. The same shall apply to the approximately required consent of the man who is married to the mother of the child at the time of birth, of the child or of a legal representative. Unofficial table of contents

Section 181 Death of a participant

If a party dies before the final decision, the court has to inform the other parties that the proceedings will only be continued if a party has made a statement to that effect within a period of one month. Court required. Where no party is required to continue the proceedings within the time limit set by the court, the proceedings shall be deemed to have been dealt with in the main proceedings. Unofficial table of contents

Section 182 Contents of the decision

(1) A final decision establishing the non-existence of a paternity pursuant to Section 1592 of the Civil Code as a result of the dispute pursuant to Article 1600 (1) (2) of the Civil Code contains the determination of the paternity of the End-of-law. This effect is to be pronounced in the decision-making formula of its own motion. (2) The Court of First Instance deems a request for a determination of the non-existence of the paternity, because it has established the applicant or any other person involved as a father, speaks it is this in the decision-making formula. Unofficial table of contents

Section 183 Costs in the case of fatherhood

If a request for paternity has been successful, the parties, with the exception of the minor child, shall bear the court costs in equal parts; the parties shall bear their extra-judicial costs themselves. Unofficial table of contents

Section 184 Effectiveness of the decision; exclusion of the amendment; supplementary provisions on the complaint

(1) The final decision in descent matters shall be effective with legal force. An amendment is excluded. (2) As far as the descent is decided, the decision is for and against all. (3) In the case of final decisions in cases of descent, the person who was involved in the proceedings or who was involved in the proceedings shall also be subject to final decisions in cases of descent. would have been involved. Unofficial table of contents

Section 185 Resumation of the procedure

(1) The restitution request against a final decision in which the descent is decided shall also be valid if a participant submits a new opinion on the descent, either alone or in conjunction with the previous opinion. (2) The request for resumption may also be levied by the party which has objected in the earlier proceedings. (3) The court is solely responsible for the application of the application. , which has decided in the first legal proceedings; is the contested decision of the The appeal court or the appeal court shall be responsible for the appeal court. § 584 of the Code of Civil Procedure is not applicable. (4) § 586 of the Code of Civil Procedure is not applicable.

Section 5
Procedures in cases of adoption

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Section 186 Adoption matters

Adopted cases are procedures which:
1.
the adoption as a child,
2.
the replacement of consent for adoption as a child,
3.
the removal of the acceptance ratio, or
4.
the exemption from the prohibition of marriage under § 1308 (1) of the Civil Code
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Section 187 Local competence

(1) For proceedings pursuant to Section 186 (1) to (3), the court of law shall be the exclusive jurisdiction in whose district the receiving or one of the accepting members has his habitual residence. (2) If the jurisdiction of a German court under paragraph 1 is not (3) The court is solely responsible for proceedings pursuant to § 186 No. 4, in the district of which one of the fiancée has his habitual residence. (4) Coming in proceedings pursuant to § 186 Article 5 (1) (1) and (2) of the Law on Adoption of the Adoptionals Act Pursuant to paragraphs 1 to 4, there is no jurisdiction, the Schöneberg District Court in Berlin is responsible. It may refer the matter to another court for important reasons. Unofficial table of contents

Section 188 Participants

(1) To be involved
1.
in proceedings pursuant to § 186 (1)
a)
the receiving and the increasing,
b)
the parents of the person who is either a minor and a case of § 1747 para. 2 sentence 2 or para. 4 of the Civil Code, or in the case of § 1772 of the Civil Code,
c)
the spouse or life partner of the accepting person and the spouse or life partner of the person to be received, unless a case of § 1749 (3) of the Civil Code is available;
2.
in proceedings pursuant to Section 186 (2), the person whose consent is to be replaced;
3.
in proceedings pursuant to § 186 (3)
a)
the receiving and the
b)
the biological parents of the underage-old;
4.
in proceedings in accordance with § 186 no. 4 the fiancée.
(2) The Jugendamt and the Landesjugendamt are to be involved in their application. Unofficial table of contents

Section 189 Technical statement of an adoption agency

If a minor is accepted as a child, the court shall seek a professional statement of the adoption agency which the child has conveyed, whether the child and the family of the receiving child are suitable for adoption. If no adoption agency has become active, a technical statement by the Youth Welfare Office or an adoption agency shall be obtained. The technical statement shall be made free of charge. Unofficial table of contents

Section 190 Certificate on the admission of guardianship

If the Jugendamt has become a guardian according to § 1751 (1) sentence 1 and 2 of the Civil Code, the family court must immediately give him a certificate of the admission of the guardianship; § 1791 of the Civil Code is not , Unofficial table of contents

Section 191 procedural assistance

The Court of First Instance shall appoint a party to the proceedings of an underage party in cases of adoption, provided that this is necessary for the performance of his or her interests. Section 158 (2) (1) and (3) to (8) shall apply accordingly. Unofficial table of contents

Section 192 Consultation of the parties

(1) The court has to consult the receiving and the child in person in proceedings for acceptance as a child or for the annulment of the acceptance relationship. (2) Furthermore, the persons concerned shall be heard. (3) From the hearing of an underage Participants can be dislocated if there are disadvantages for their development, education or health, or if, due to the low age of a hearing, an enlightenment is not to be expected. Unofficial table of contents

Section 193 Consultation of other persons

In proceedings for acceptance as a child, the court must consult the children of the accepting and the increasing number of children. Section 192 (3) shall apply accordingly. Unofficial table of contents

Section 194 Consultation of the Jugendamt

(1) In cases of adoption, the Court of First Instance shall consult the Jugendamt, provided that the person to be accepted is an underage. This is not the case if the Jugendamt has made a technical statement in accordance with § 189. (2) The court has to inform the Jugendamt of the decision in the cases in which the Jugendamt has been heard or has made a technical statement. Against the decision, the Jugendamt has the right to complain. Unofficial table of contents

§ 195 Consultation of the State Youth Welfare Office

(1) In the cases of § 11 (1) No. 2 and 3 of the AdoptionSwitching Act, the court must also consult the central adoption office of the Landesjugendamt, which pursuant to Section 11 (2) of the AdoptionsSwitching Act (AdoptionsSwitching Act), is to be heard before the vote. has been involved. If a central adoption agency has not been involved, the Landesjugendamt (Youth Welfare Office), in whose area the Youth Welfare Office (Jugendamt) is situated, is replaced by the State Youth Welfare Office (Landesjugendamt), which is given the opportunity to express its opinion in accordance with § 194 or which has made a technical statement pursuant to § 189. ( The Court of Appeal shall inform the National Youth Office of all the decisions to which it was to be consulted in accordance with paragraph 1. The decision of the Landesjugendamt is to appeal against the decision. Unofficial table of contents

§ 196 Inadmissibility of the connection

A connection of adoption matters with other methods is inadmissible. Unofficial table of contents

Section 197 Decision on acceptance as a child

(1) In a decision by which the court pronouncates the acceptance as a child, it shall indicate the legal provisions on which the adoption is based. If the consent of a parent has not been deemed necessary in accordance with Section 1747 (4) of the Civil Code, this shall also be indicated in the decision. (2) In the cases referred to in paragraph 1, the decision shall be sent to the The decision shall not be countervailable after the person has died with delivery to the child. An amendment or resumption is excluded. Unofficial table of contents

Section 198 Decision in further proceedings

(1) The decision to replace a consent or consent for acceptance as a child shall be effective only with legal force. In the event of a risk of default, the Court may order the immediate effectiveness of the decision. The decision shall take effect with notification to the applicant. An amendment or a resumption shall be excluded. (2) The decision by which the court annuls the acceptance relationship shall be effective only with legal force; an amendment or resumption shall be excluded. (3) The decision by which the Exemption from the prohibition of marriage under § 1308 (1) of the Civil Code shall not be countervailable; an amendment or resumption shall be ruled out if the marriage has been concluded. Unofficial table of contents

Section 199 Application of the Law on Adoption

The provisions of the Law on Adoption Act remain unaffected.

Section 6
Procedures in the field of marriage and household

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Section 200 Marriage matters; household matters

(1) The cases of marriage are procedures
1.
According to § 1361b of the Civil Code,
2.
According to § 1568a of the Civil Code.
(2) Budgetary matters are procedures
1.
According to § 1361a of the Civil Code,
2.
According to § 1568b of the Civil Code.
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Section 201 Local competence

Only responsible in this ranking is the following:
1.
in the case of a matrimony, the court in which the matrimony is or has been pending in the first legal proceedings;
2.
the court in whose district the common home of the spouses is situated;
3.
the court in whose district the defendant has his habitual residence;
4.
the court in whose district the applicant has his habitual residence.
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Section 202 levy to the court of the Ehesache

If a matrimony is legal, while a case of marriage or a household is pending before another court in the first legal proceedings, it shall be handed over to the court of matrimony of the Ehesache on its own behalf. § 281 (2) and (3) sentence 1 of the Code of Civil Procedure shall apply accordingly. Unofficial table of contents

Section 203 Request

(1) The procedure shall be initiated by the application of a spouse. (2) The application in budgetary matters shall include the indication of the items for which the allocation is sought. The application in budgetary matters pursuant to section 200 (2) (2) shall also be accompanied by a list of all household items which also contain their exact name. (3) The application in marriage cases shall include the indication of whether children are in the The spouse's budget. Unofficial table of contents

Section 204 Participants

(1) The landlord of the dwelling, the property owner, the third party (§ 1568a paragraph 4 of the Civil Code) and persons with whom the spouses or one of them shall be entitled in respect of the marriage or residence contract shall also be in marriage cases pursuant to § 200 (1) no. (2) The Youth Welfare Office shall be involved in his/her application in cases of marriage, if children live in the household of the spouses. Unofficial table of contents

Section 205 Hearing of the Youth Welfare Office in marriage matters

(1) In cases of marriage, the court shall consult the Jugendamt if children are living in the spouse's household. (2) In the cases referred to in the first sentence of paragraph 1, the Court of First Instance shall inform the Jugendamt of the decision to be notified. Against the decision, the Jugendamt has the right to complain. Unofficial table of contents

Section 206 Special provisions in budgetary matters

(1) The court may give up in budgetary matters to any spouse,
1.
specify the household items for which they are in a position to be allocated;
2.
to submit a list of all household items, including their exact name, or to supplement a list submitted,
3.
agree to be accompanied by specific circumstances, to supplement his or her own information or to comment on the presentation of another participant, or
4.
to submit certain supporting documents
(2) circumstances which are brought forward only after the expiry of a period referred to in paragraph 1 may be taken into account only if, in accordance with the free conviction of the Court of First Instance, this does not result in the proceedings being carried out (3) If a spouse of a condition referred to in paragraph 1 does not comply with or is not required to take into account circumstances in accordance with paragraph 2, the Court of First Instance shall, in so far as the case may be, be informed of the further information provided for Not obliged to do so. Unofficial table of contents

Section 207 discussion date

The court is to discuss the matter with the spouses in an appointment. It is intended to arrange the personal appearance of the spouses. Unofficial table of contents

Section 208 Death of a spouse

If one of the spouses dies before the end of the procedure, the spouse shall be deemed to have been dealt with in the main proceedings. Unofficial table of contents

Section 209 Implementation of the decision, effectiveness

(1) The court shall, by the final decision, take the orders which are necessary for its implementation. (2) The final decision in the case of marriage and household matters shall be effective with legal force. The court is to order the immediate effect in marriage cases pursuant to § 200 para. 1 no. 1. (3) With the order of immediate effect, the court may also order the admissibility of the enforcement before the delivery to the defendant. In this case, the effectiveness shall occur at the time when the decision of the office of the Court of First Instance is handed over to the notice. This date shall be remarked on the decision.

Section 7
Procedures for the protection of violence

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Section 210 Violation of violence

Cases of violence are procedures in accordance with § § 1 and 2 of the Violation Protection Act. Unofficial table of contents

Section 211 Local competence

The applicant shall be responsible for the selection of the applicant
1.
the court in whose district the act was committed,
2.
the court in whose district the applicant's and the defendant's common home is located, or
3.
the court in whose district the defendant has his habitual residence.
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Section 212 Participants

In proceedings pursuant to § 2 of the Act on Violation of Violation, the Jugendamt is to be involved in his application if a child is living in the household. Unofficial table of contents

Section 213 Consultation of the Jugendamt

(1) In proceedings in accordance with § 2 of the Violation Protection Act, the court shall consult the Jugendamt if children are living in the household. (2) In the cases referred to in the first sentence of paragraph 1, the Court of First Instance shall inform the Jugendamt of the decision to be notified. Against the decision, the Jugendamt has the right to complain. Unofficial table of contents

Section 214 An injunction

(1) On request, the court may, by means of a provisional arrangement, take a provisional rule according to § 1 or § 2 of the Act on Violation of Violation. An urgent need for immediate action is usually provided if an act has been committed pursuant to § 1 of the Act on the Protection of Violence, or if there is a commission to be reckon with. (2) The request for the incitement of the incitement to be instigated In the event of the adoption without oral discussion, an order shall be deemed to be an order for service by the bailider under mediation of the place of business and as an order for execution; at the request of the applicant, the delivery may be carried out. do not take place before enforcement. Unofficial table of contents

Section 215 Implementation of the final decision

In proceedings in accordance with § 2 of the Act on Violation of Violation, the Court of First Instance is to take the orders required for its implementation in the final decision. Unofficial table of contents

§ 216 Effectiveness; Enforcement before service

(1) The final decision in the case of non-violent acts shall be effective with legal force. The court is to order the immediate effectiveness. (2) With the order of immediate effect, the court may also order the admissibility of the enforcement before the delivery to the defendant. In this case, the effectiveness shall occur at the time when the decision of the place of business of the Court of First Instance is handed over to the notice; this date shall be noted on the decision. Unofficial table of contents

Section 216a Notification of decisions

The court shall immediately notify orders pursuant to § § 1 and 2 of the Act on Violation of Violation as well as their modification or cancellation of the competent police authority and other public bodies affected by the implementation of the order, to the extent that the interests of a party which are not worthy of protection are predominant in the exclusion of transmission, the need for protection of other parties or the public interest in transmission. The parties should be informed of the communication.

Section 8
Procedures in supply compensatory matters

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Section 217 Supply compensatory matters

Supply compensatory matters are procedures relating to supply compensation. Unofficial table of contents

Section 218 Local competence

Only responsible in this ranking is the following:
1.
in the case of a matrimony, the court in which the matrimony is or has been pending in the first legal proceedings;
2.
the court in whose district the spouses have their common habitual residence or have last had their habitual residence there, where a spouse has continued to have their habitual residence;
3.
the court in whose district an defendant has his habitual residence or place of residence;
4.
the court in whose district an applicant has his or her habitual residence or registered office;
5.
the district court of Schöneberg in Berlin.
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Section 219 Participants

To be involved
1.
the spouses,
2.
the suppliers of which there is a right to be negotiated,
3.
the providers of supply for which a right to the compensation is to be justified; and
4.
the survivors and the heirs of the spouses.
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Section 220 Proceed up to the procedural law

(1) The court may obtain information on the ground and the amount of the rights of the person and the providers of services to be involved in accordance with § 219, as well as in any other bodies which may provide information. (2) The court shall send a form to the court of law. to use this information in the case of information. (3) The court may order that the spouses or their survivors or heirs to the provider have to carry out acts of joint action which apply to the the determination of the rights to be included in the pension compensation are required. (4) The provider is obliged to take the necessary values according to § 5 of the Supply Compensation Act, including a clear and Comprehensible calculation as well as the rules governing the division . The Court of First Instance may, on its own initiative or at the request of a party, request the supplier to explain the details of the determination of the value. (5) The persons and entities referred to in this provision shall be obliged to submit a request for a judicial request, and Arrangements to follow. Unofficial table of contents

Section 221 Discussion, Suspension

(1) The court is to discuss the matter with the spouses in an appointment. (2) The court has to suspend the proceedings if a dispute over the stock or the amount of a right to be included in the pension settlement is pending. (3) If there is a dispute on the right of appeal without the conditions set out in paragraph 2 being satisfied, the court may suspend the proceedings and set a time limit for one or both spouses to bring the action. If the action is not brought or is not brought in due time, the Court of First Instance may disregard the case which could have been invoked with the action. Unofficial table of contents

Section 222 Implementation of the external division

(1) The right to vote in accordance with Section 14 (2) and Article 15 (1) of the Supply Equalization Act shall be exercised in the time limits to be set by the court. (2) The countervailing person shall exercise their right to vote in accordance with Section 15 (1) of the Supply Equalization Act, according to in the time limit laid down in paragraph 1, it shall at the same time have to prove that the supplier selected is in agreement with the intended division. (3) The court shall, in the final decision, establish that in accordance with Section 14 (4) of the Supply Equalization Act (4) In the case of an external division according to § 16 of the The Supply Equalization Act shall not apply paragraphs 1 to 3. Unofficial table of contents

Section 223 Application requirement for compensation claims after divorce

The court only decides on a request for compensation after the divorce pursuant to § § 20 to 26 of the Supply Compensation Act. Unofficial table of contents

Section 224 Decision on supply compensation

(1) Final decisions concerning the compensation of supply shall be effective only with legal force. (2) The final decision shall be justified. (3) Insofar as an advertising compensation in the case of divorce pursuant to § 3 (3), § § 6, 18 (1) or (2) or § 27 of the (4) In the event of a divorce being divorced after a divorce, the court shall designate such rights in the case of divorce, and the court shall designate such rights in the case of divorce proceedings. the justification. Unofficial table of contents

Section 225 Admissibility of an amendment of the compensation of value in the case of divorce

(1) An amendment to the compensation for divorce shall only be allowed for rights within the meaning of Section 32 of the Supply Equalization Act. (2) For legal or actual changes after the end of the marriage period, which shall be based on the compensation value of a (3) The change in the value referred to in paragraph 2 is essential if at least 5 per cent of the previous value of the change in value is The compensatory value of the right to be paid and, for a pension amount, as the relevant reference quantity 1 %, in all other cases as a capital value, exceeds 120 per cent of the monthly reference variable, which is relevant at the end of the marriage period, in accordance with Section 18 (1) of the Fourth Book of Social Code. (4) An amendment shall be admissible even if, by means of it, one of (5) The amendment must have an effect in favour of a spouse or of his surviving spouse. Unofficial table of contents

Section 226 Implementation of an amendment to the compensation for divorce

(1) The spouses, their survivors and the providers affected by the amendment are entitled to apply. (2) The application shall be admissible at the earliest six months before a spouse is likely to receive a current supply. (3) § 27 of the Supply Equalization Act shall apply accordingly. (4) The amendment shall effect from the first day of the month following the month of the application. (5) If the spouse who submitted the amendment dies before the legal force of the Final decision, the court has to point out to the other interested parties that the proceedings will only be continued if an eligible participant within a period of one month, by declaration to the person concerned, is Court required. If no party to the contract requires the continuation of the proceedings within the period, this shall be deemed to have been carried out in the main proceedings. If the other spouse dies, the proceedings will continue against his heir. Unofficial table of contents

Section 227 Other amendments

(1) For the amendment of a decision on compensation claims after the divorce pursuant to § § 20 to 26 of the Supply Compensation Act § 48 para. 1 is to be applied. (2) To an agreement of the spouses about the supply compensation are the § § 225 and 226 accordingly, if the amendment has not been excluded. Unofficial table of contents

Section 228 Admissibility of the appeal

In the case of supply compensatory matters, § 61 applies only to the challenge of a cost decision. Unofficial table of contents

Section 229 Electronic legal services between the family courts and the suppliers

(1) The following provisions shall apply to the extent to which the court and the provider of the supply referred to in Article 219 (2) or (3) participate in a procedure (transmission procedure) used for electronic transmission in order to: Exchange of supply balance required to exchange data. Third parties can be entrusted with the electronic transmission. (2) The transmission procedure must be carried out.
1.
be uniform throughout the country,
2.
Ensure the authenticity and integrity of the data and
3.
apply an encryption method which ensures the confidentiality of the data transmitted when using publicly available networks.
(3) The court is to provide the provider with information requests in accordance with § 220, the provider of the supply is to provide the court with information in accordance with § 220 and statements in accordance with § 222 (1) in the transmission procedure. A regulation in accordance with Section 14 (4) does not require it in that regard. (4) Decisions of the General Court in supply compensatory matters shall be notified to the supplier in the transmission procedure. (5) To prove the notification of a decision to the The electronic transmission of an automatically generated acknowledgement of receipt to the court is sufficient for the supply carrier. The date stated in this receipt shall be the relevant date of service. Unofficial table of contents

§ 230 (omitted)

Section 9
Procedures in matters of maintenance

Subsection 1
Specific procedural rules

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Section 231 Maintenance matters

(1) Maintenance matters are procedures which:
1.
the legal maintenance obligations established by kinship,
2.
the legal maintenance obligations established by marriage;
3.
the claims according to § 1615l or § 1615m of the Civil Code
(2) Subsisting matters are also procedures in accordance with Section 3 (2) sentence 3 of the Federal Children's Money Act and § 64 (2) sentence 3 of the Income Tax Act. § § 235 to 245 are not applicable. Unofficial table of contents

Section 232 Local competence

(1) Auslastly competent
1.
in the case of maintenance matters concerning the maintenance of a Community child of the spouses, with the exception of the simplified procedure for the maintenance of minors, or relating to the maintenance of the maintenance obligations established by the marriage, in the case of a matrimony, the court in which the matrimony is or has been pending in the first legal proceedings;
2.
in the case of maintenance matters relating to the maintenance of a child or a child equal to the provisions of § 1603 (2), second sentence of the Civil Code, the court in whose district the child or parent, who is on the pages of the the child shall be entitled to act in his/her habitual residence; this shall not apply if the child or a parent has his or her habitual residence abroad.
(2) A jurisdiction referred to in paragraph 1 shall be subject to the exclusive jurisdiction of another court. (3) Where jurisdiction under paragraph 1 does not exist, jurisdiction shall be determined in accordance with the rules of the Code of Civil Procedure with the The conditions laid down in the rules governing the general place of jurisdiction shall be replaced by the place of residence of the habitual residence. The applicant is also responsible for the choice of the applicant.
1.
for the application of a parent against the other parent on the grounds of a claim relating to the legal obligation to provide evidence established by marriage, or because of a claim under Section 1615l of the Civil Code, the Court of First Instance, in which: procedures relating to the maintenance of the child in the first legal proceedings are pending;
2.
in the case of a child's application for the purpose of making use of the maintenance obligation, the court responsible for the application for a parent's application;
3.
the court in which the applicant has his habitual residence if the defendant has no jurisdiction in the country.
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Section 233 levy to the court of the Ehesache

If a matrimony becomes legally dependent, while a maintenance matter pursuant to section 232 (1) (1) is pending in another court in the first legal proceedings, the court of the matrimony shall be issued by the court of office. § 281 (2) and (3) sentence 1 of the Code of Civil Procedure shall apply accordingly. Unofficial table of contents

Section 234 Representation of a child by an assistance

If the child is represented by the Jugendamt as an assistance, the representation by the parent who is entitled to care is excluded. Unofficial table of contents

Section 235 The obligation to provide information to the parties involved

(1) The court may order that the applicant and the defendant provide information on their income, their assets and their personal and economic circumstances and shall submit certain supporting documents, to the extent that this is necessary for the assessment of the Subsists are of importance. The court may order that the applicant and the defendant insure in writing that the information is truthful and complete; the insurance may not be effected by a representative. The Court of First Instance shall set a reasonable time limit with the order set out in the first sentence or the second sentence. At the same time, it has to draw attention to the obligation under paragraph 3 and to the possible consequences under § § 236 and 243 sentence 2 no. 3. (2) The court shall proceed in accordance with paragraph 1 if a party concerned so requests and the other party concerned before the start of the (3) The applicant and the defendant are obliged to do without a request to the Court of First Instance. (3) Request to be notified if, during the procedure, the subject-matter of the order (4) The orders of the Court of First Instance under this provision shall not be countervailable independently and shall not be enforceable by means of compulsory means. Unofficial table of contents

§ 236 The obligation to provide information for third parties

(1) If a participant does not, or does not fully comply with an obligation under Article 235 (1), within the time limit set for this purpose, the court may, insofar as this is relevant for the assessment of the maintenance, on the amount of the income Request information and certain supporting documents
1.
Employers,
2.
Social security institutions and the Künstlersozialkasse,
3.
any other person or body who pays benefits in old age and in the case of reduced earning capacity, as well as benefits for compensation and compensation for night-time compensation,
4.
insurance undertakings or
5.
Financial offices.
(2) The court shall proceed in accordance with paragraph 1 if the conditions are fulfilled and the other party has requested it. (3) The order referred to in paragraph 1 shall be communicated to the parties concerned. (4) The persons and bodies referred to in paragraph 1 shall be notified to the parties concerned. is obliged to comply with the court order. § 390 of the Code of Civil Procedure shall apply mutatily if an authority is not affected. (5) The orders of the Court of First Instance under this provision shall not be able to be challenged on their own by the parties concerned. Unofficial table of contents

Section 237 Undertaking with the determination of paternity

(1) An application by which a man is to be used for the payment of maintenance for a child is, if the paternity of the man pursuant to § 1592 Nos. 1 and 2 or § 1593 of the Civil Code does not exist, only admissible if the child The Court of First Instance is responsible for the determination of paternity pursuant to § 1600d of the Civil Code. (2) The court in which the proceedings for the determination of paternity in the first legal proceedings are pending. (3) In the case referred to in paragraph 1, maintenance may be limited only to the minimum level and in accordance with the Age levels according to § 1612a para. 1 sentence 3 of the Civil Code and taking into account the benefits according to § 1612b or § 1612c of the Civil Code are requested. The child can ask for a lower maintenance. Moreover, in this procedure a reduction or increase of the maintenance cannot be required. (4) Before the legal force of the decision establishing the fatherhood, or before the effective recognition of the paternity by the man, the The claim relating to the obligation to perform the maintenance does not take effect. Unofficial table of contents

Section 238 Amendment of judicial decisions

(1) If a final decision of the Court of First Instance made in the main proceedings contains a commitment to recurring benefits due in the future, each part may request the amendment. The application shall be admissible provided that the applicant provides facts which result in a substantial change in the actual or legal conditions underlying the decision. (2) The application may only be based on reasons. (3) The amendment shall be admissible for the period of validity of the application. The amendment shall be admissible for the time since the request is made. If the request is made for an increase in maintenance, it shall also be admissible for the period for which, under the provisions of civil law, it may be required for the past to be maintained. If the application is aimed at reduction of the maintenance, it shall also be admissible for the period from the first of the month following the request for an appropriate request for information or waiver from the applicant. For a period of more than one year before the right of justice, a reduction may not be required. (4) If there is a substantial change in the actual or legal circumstances, the decision shall be taken in accordance with the principles of the law. . Unofficial table of contents

Section 239 Amendment of comparisons and documents

(1) If a comparison according to § 794 (1) (1) of the Code of Civil Procedure or a Enforceable Document contains a commitment to recurring benefits due in the future, each part may apply for the amendment. The application shall be admissible, provided that the applicant provides evidence which justifies the amendment. (2) The further conditions and the scope of the amendment shall be governed by the provisions of civil law. Unofficial table of contents

§ 240 Amendment of decisions in accordance with § § 237 and 253

(1) If a final final decision pursuant to section 237 or section 253 contains a commitment to recurring benefits due in the future, each part may request the amendment, unless a request for the execution of the contested claim has already been made. (2) If a request for a reduction of the maintenance is not made within one month of legal force, the amendment shall be admissible only for the time after the request has been made. If, within the period of one month, a request by the other party has been submitted for an increase in maintenance, the time limit shall not expire before the end of that procedure. The request for a reduction after the expiry of the period shall also be admissible for the period from the first of the month following the request for an appropriate request for information or waiver of the applicant. Section 238 (3) sentence 4 shall apply accordingly. Unofficial table of contents

§ 241 Adsharable liability

The legality of a request for amendment to a reduction shall be the same in the application of Section 818 (4) of the Civil Code to the right of a claim to repay the amounts paid. Unofficial table of contents

Section 242 Inauguration of enforcement

§ 769 of the Code of Civil Procedure shall apply mutatily if a request for amendment is pending or an application for authorisation of procedural aid is submitted for this purpose. The decision shall not be countervailable. Unofficial table of contents

Section 243 Codecision

By way of derogation from the rules laid down in the Code of Civil Procedure on the distribution of costs, the Court of First Instance shall, in matters relating to maintenance of costs, decide on the distribution of the costs of the proceedings at its own discretion. In particular, it shall take account of:
1.
the relationship between the convicts and the underlies of the parties concerned, including the duration of the maintenance obligation;
2.
the fact that, before the start of the proceedings, a participant has not or has not fully complied with a request by the opponent to obtain the information and presentation of receipts on the income, unless an obligation to do so has been made did not exist,
3.
the fact that a participant has not, or has not fully complied with a request made by the court pursuant to Article 235 (1), within the time limit laid down, and
4.
an immediate recognition according to § 93 of the Code of Civil Procedure.
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Section 244 Illegal objection of age of majority

If the pledge to the child after the completion of the 18. It may, in accordance with § 794 of the Code of Civil Procedure, be entitled to maintenance in accordance with the provisions of Section 1612a of the Civil Code against the execution of a claim for maintenance of a life-year. the fact that the minority is no longer in the process of being abused. Unofficial table of contents

Section 245 Remuneration of dynamic maintenance titles for compulsory enforcement abroad

(1) If a maintenance title, which sets the maintenance in accordance with § 1612a of the Civil Code as a percentage of the minimum maintenance, is to be carried out abroad, it shall be called on to the title at the request of the depended maintenance. (2) For the The courts, authorities or notaries are responsible for the granting of a enforceable copy of the title. (3) The rules on the dispute over the decision on the basis of the decision on the basis of the decision are to be taken into consideration. To apply the decision on the issue of an enforcement clause accordingly.

Subsection 2
Injunction

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Section 246 Special provisions for the injunction

(1) By way of a preliminary injunction, the court may, by way of derogation from § 49, regulate upon request the obligation to pay maintenance or to pay a cost advance for a court proceedings. (2) The decision shall be taken on the basis of oral proceedings. Negotiation if this appears to be necessary to clarify the facts or to settle the matter in a friendly way. Unofficial table of contents

§ 247 An injunction before the birth of the child

(1) The obligation to pay the child to be paid for the first three months of the child and that of the mother pursuant to § 1615l (1) of the Civil Code can be made by means of the injunction before the birth of the child. (2) With regard to the maintenance of the child, the application may also be made by the mother. § 1600d (2) and (3) of the Civil Code shall apply accordingly. In the cases referred to in paragraph 1, it may also be arranged that the amount shall be deposited at a given point in time before the birth of the child. Unofficial table of contents

§ 248 An injunction in the determination of paternity

(1) A request for the adoption of an injunction, by which a man shall be entitled to pay for a child or his mother, shall be required if the paternity of the man according to § 1592 (1) and (2) or (§ 1593) of the Civil (2) In the case referred to in paragraph 1, the Court of First Instance shall have jurisdiction in which the procedure for the determination of the paternity of the Member State in which the proceedings are to be established shall be the competent authority. Paternity in the first legal proceedings is pending; during the appellant's appeal this (3) § 1600d (2) and (3) of the Civil Code shall apply accordingly. (4) The court may also order that the man has to provide security at a certain level for the maintenance. (5) The injunction shall also come out of force if: the application for a declaration of fatherhood has been withdrawn or has been rejected in a legally binding manner. In this case, the person who has had the order of injunction shall replace the man with the damage he has suffered as a result of the enforcement of the injunction.

Subsection 3
Simplified procedure on the maintenance of minors

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Section 249 Statliability of the simplified procedure

(1) On request, the maintenance of an underage child who does not live in a household with the parent in question shall be fixed in the simplified procedure, provided that the maintenance is carried out before taking account of the benefits provided for in § 1612b or § 1612c of the Civil Code does not exceed 1.2 times the minimum maintenance pursuant to § 1612a (1) of the Civil Code. (2) The simplified procedure shall not be permitted if at the time the application or a notice of its content is delivered to the defendant, the maintenance entitlement of the If the child has either a court or a court, a court proceedings are pending or a debt instrument suitable for enforcement of the debt has been established. Unofficial table of contents

§ 250 Application

(1) The application must include:
1.
the name of the parties, their legal representatives and the representatives of the proceedings;
2.
the name of the court at which the application is made;
3.
an indication of the birth date of the child;
4.
an indication of the date on which maintenance is required;
5.
in the event that maintenance is required for the past, the indication of when the conditions of § 1613 (1) or (2) (2) of the Civil Code have occurred;
6.
the indication of the amount of the maintenance required;
7.
the information on child benefit and other services to be taken into account (§ 1612b or § 1612c of the Civil Code);
8.
the declaration that there is a parent-child relationship between the child and the defendant in accordance with § § 1591 to 1593 of the Civil Code;
9.
the declaration that the child does not live with the respondent in a household;
10.
the indication of the amount of the child's income;
11.
a declaration as to whether the claim is asserted in its own right or in the case of a right to be resigned;
12.
the declaration that maintenance is not required for periods for which the child provides assistance in accordance with the Twelfth Book of the Social Code, Social Money in accordance with the Second Book of the Social Code, assistance for education or inclusion assistance in accordance with the Eighth Book Social Code, benefits provided under the Maintenance Advance Act or maintenance pursuant to § 1607 (2) or (3) of the Civil Code, or, to the extent that it is subject to overdue law or in accordance with Section 94 (4) sentence 2 of the Twelfth Book Social Code, § 33 (2) sentence 4 of the Second Book of the Social Code, or § 7 (4) sentence 1 of the the maintenance law, the declaration that the maintenance requested does not exceed the performance on or for the child;
13.
the declaration that the setting in the simplified procedure is not excluded in accordance with Section 249 (2).
(2) In the event that the application does not meet the conditions set out in paragraph 1 and the conditions referred to in § 249, it shall be rejected. The applicant shall be heard before the refoulement. The refoulement cannot be challenged. (3) If simplified procedures of other children of the respondent are pending before the court, it is necessary to combine the procedures for the purpose of simultaneous decision. Unofficial table of contents

Section 251 Measures of the General Court

Where the simplified procedure appears to be admissible after the applicant has been presented, the court shall have the notification of the application or a notification of its content to the respondent. At the same time, it points to it,
1.
from which date and at what level the maintenance may be fixed, with the following:
a)
the periods after the age of the child, for which the maintenance is considered in accordance with the minimum maintenance of the first, second and third age levels;
b)
in the case of section 1612a of the Civil Code, also the percentage of the minimum subsists;
c)
the services to be taken into account in accordance with § 1612b or § 1612c of the Civil Code;
2.
that the Court of First Instance has not examined whether the maintenance required takes account of the child's income specified in the application;
3.
that a maintenance decision may be made on the maintenance, from which the applicant can carry out the foreclosure if he does not collect objections within one month in the prescribed form;
4.
what objections can be made pursuant to section 252 (1) and (2), in particular that the objection of restricted or missing performance can only be raised if the information pursuant to section 252 (2) sentence 3 in the form of a fully completed Form is given and receipts are attached to the income;
5.
that the objections, when forms are introduced, must be made with a form of the attached type, which is also available from any local court.
If the application is to be sent abroad, the court shall determine the time limit laid down in the second sentence of sentence 2 (3). (2) § 167 of the Code of Civil Procedure shall apply accordingly. Unofficial table of contents

§ 252 objections of the defendant

(1) The defendant may claim objections against
1.
the admissibility of the simplified procedure;
2.
the date on which maintenance is to be paid;
3.
the amount of the maintenance, in so far as it claims that:
a)
the periods to be determined according to the age of the child, for which the maintenance is to be determined on the basis of the minimum maintenance of the first, second and third age levels, or the specified minimum maintenance period, are not correctly calculated,
b)
the maintenance should not be set higher than that requested,
c)
Services of the kind referred to in § 1612b or § 1612c of the Civil Code have not been taken into account or have not been properly taken into account.
In addition, if he is immediately obliged to fulfil the maintenance claim, he may claim that he has not given any reason to submit an application in respect of the costs of the proceedings. Non-justified objections under the first and third sentences of the first sentence of the first sentence of the first sentence of the first sentence of the first sentence of the first sentence of the first sentence of the first sentence of the first sentence of the first sentence of the first sentence of the first sentence of the first sentence of the first sentence of the first sentence of the first sentence of the first sentence of the if at the same time he declares the extent to which he is willing to pay maintenance and that he is obliged to fulfil the maintenance claim. The defendant may only object to the objection of fulfilment if he simultaneously declares the extent to which he has done so and that he undertakes to settle any further maintenance arrears. The defendant may only collect the objection of limited or absent performance if he/she is at the same time informed by using the established form.
1.
his income,
2.
his assets and
3.
his personal and economic circumstances
(3) The objections are to be taken into account only as long as the decision on the fixing of the system is not available. Unofficial table of contents

Section 253 Arrest Warrant

(1) If no objection or objections are levied pursuant to section 252 (1) sentence 3 or are inadmissible pursuant to section 252 (2), the maintenance shall be determined by decision after the expiry of the time limit referred to in § 251 (1) sentence 2 (3). The decision shall state that the defendant shall pay the subsistent to the dependants. The decision shall also fix the eligible costs of the procedure until such time as they can be readily determined; it is sufficient for the applicant to provide the information necessary for the calculation of the procedure. (2) It should be noted in the Decision which objections can be claimed with the appeal and under which conditions an amendment may be required. Unofficial table of contents

Section 254 Communications on objections

If objections have been raised which are not to be rejected in accordance with Section 252 (1) sentence 3 or which are admissible pursuant to Section 252 (2), the court shall inform the applicant accordingly. It shall, at its request, determine the maintenance by a decision, in so far as the defendant is obliged to pay maintenance pursuant to § 252 (2) sentence 1 and 2. The notice referred to in the first sentence shall be referred to. Unofficial table of contents

§ 255 Stripe procedure

(1) In the case of § 254, the proceedings at issue shall be carried out at the request of a participant. It is to be pointed out in the communication pursuant to § 254 sentence 1. (2) A participant requests that the proceedings in question be carried out in such a way as to proceed further to the receipt of an application in an amalgated matter. Objections pursuant to § 252 shall be deemed to be a reply. (3) The procedure shall be deemed to have been valid with the notification of the request for a decision (Section 251 (1) sentence 1). (4) If a decision on the arrest is preceded by the second sentence of § 254, sentence 2, shall be deemed to be valid for future (5) The costs of the simplified procedure shall be treated as part of the cost of the proceedings at issue. (6) If the request is made, the application shall be subject to the following conditions: not before the expiry of six months after the expiry of the contested procedure Access to the notification pursuant to § 254, sentence 1, shall be deemed to be withdrawn from the request for a declaration in excess of the decision of the defendant in accordance with § 254 sentence 2 or the declaration of commitment of the defendant pursuant to section 252 (2) sentences 1 and 2. Unofficial table of contents

Section 256 Complaint

Only the objections referred to in Article 252 (1), the admissibility of objections pursuant to Section 252 (2) and the inaccuracy of the decision on costs or the fixing of costs may be subject to the appeal, provided that they are subject to general principles. shall be asserted. The appeal cannot be based on objections under Section 252 (2), which were not collected before the decision was made to have the decision. Unofficial table of contents

Section 257 Special procedural rules

In simplified procedures, applications and declarations may be made before the Office of the Office of the Office. Where forms have been introduced, they shall be completed and the official shall, stating the court and the date, record the application or the declaration. Unofficial table of contents

Section 258 Special arrangements for machine processing

(1) Machine processing is permitted in simplified procedures. Section 690 (3) of the Code of Civil Procedure shall apply. (2) In the case of machine processing, decisions, dispositions and copies shall be provided with the court seal; a signature shall not be required. Unofficial table of contents

§ 259 Forms

(1) The Federal Ministry of Justice is authorized, with the consent of the Federal Council, to introduce forms for the simplified procedure with the consent of the Federal Council for the simplification and unification of the procedures. Different forms may be introduced for courts which machine the procedures, and for courts which do not machine the procedures by machine. (2) As far as paragraph 1 is concerned, forms for applications and declarations by the parties concerned. , the parties concerned shall be obliged to use them. Unofficial table of contents

Section 260 Determination of the Local Court

(1) The State Governments are empowered to assign the simplified procedures for the maintenance of minors by means of a regulation to a district court for the districts of several local courts, if that is the case of their faster and more cost-effective Do it. The State Governments may transfer the authorisation to the Land Justice Administrations by means of a legal regulation. (2) In the case of the Local Court, which would be responsible if the Land Government or the State Administration of Justice did not make the procedure referred to in paragraph 1 a , the child may submit applications and declarations with the same effect as in the case of the other local court.

Section 10
Procedures in matters of goods

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Section 261 Goods

(1) Goods cases are proceedings concerning claims arising from matrimonial property law, even if third parties are involved in the proceedings. (2) Goods cases are also proceedings pursuant to § 1365 (2), § 1369 (2), the § § 1382, 1383, 1426, 1430 and 1452 of the Civil Code and in accordance with Article 1519 of the Civil Code in conjunction with Article 5 (2), Article 12 (2), second sentence, and Article 17 of the Agreement of 4 February 2010 between the Federal Republic of Germany and the French Republic on the status of the goods of the election-grant community. Unofficial table of contents

Section 262 Local competence

(1) During a matrimony of a matrimony, the court is solely responsible for the case in which the matrimony is or has been pending in the first legal proceedings. This jurisdiction is the exclusive jurisdiction of another court. (2) The jurisdiction of the Civil Procedure Code is also determined by the fact that the rules governing the general place of jurisdiction shall be replaced by the rules governing the jurisdiction of the courts. of the residence of the habitual residence. Unofficial table of contents

Section 263 levy to the court of the Ehesache

If a matter of matrimony becomes legally valid, while a matter of law is pending before another court in the first legal proceedings, the court of the matrimony shall be issued by its own motion to the court of the matrimony. § 281 (2) and (3) sentence 1 of the Code of Civil Procedure shall apply accordingly. Unofficial table of contents

Section 264 Procedure for deferment and transfer of property

(1) In the proceedings according to § § 1382 and 1383 of the Civil Code and in accordance with § 1519 of the Civil Code in conjunction with Article 12 (2) sentence 2 and Article 17 of the Agreement of 4 February 2010 between the Federal Republic of Germany Germany and the French Republic on the status of the goods of the election-to-profit community shall take effect only with legal force in the decision of the court. An amendment or resumption shall be excluded. (2) In the decision in which the request for payment of the compensation claim is decided, the court may, at the request of the creditor, also make the obligation on the debtor to pay the Issue a compensation request. Unofficial table of contents

Section 265 Single decision

If an application is submitted in accordance with Section 1382 (5) or § 1383 (3) of the Civil Code in a procedure relating to a compensation claim, the decision shall be taken by a uniform decision.

Section 11
Procedures in other family matters

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Section 266 Other family matters

(1) Other family matters shall be procedures which:
1.
claims between engaged or formerly engaged persons in connection with the termination of the confession as well as in the cases of § § 1298 and 1299 of the Civil Code between one such person and a third person,
2.
claims arising from the marriage,
3.
claims between married or previously married persons or between such persons and a parent in connection with separation or divorce or annulment of marriage;
4.
claims arising from the parent-child ratio, or
5.
Claims arising from the right of access
, unless the jurisdiction of the Labour Courts is given or the proceedings relate to one of the matters referred to in Article 348 (1), second sentence, No. 2 (a) to (k) of the Code of Civil Procedure, to property law or to succession law, and (2) Other family matters are also proceedings concerning an application in accordance with Section 1357 (2) sentence 1 of the Civil Code. Unofficial table of contents

Section 267 Local competence

(1) During a matrimony of a matrimony, the court is solely responsible for the case in which the matrimony is or has been pending in the first legal proceedings. This jurisdiction is the exclusive jurisdiction of another court. (2) The jurisdiction of the Civil Procedure Code is also determined by the fact that the rules governing the general place of jurisdiction shall be replaced by the rules governing the jurisdiction of the courts. of the residence of the habitual residence. Unofficial table of contents

Section 268 levy to the court of the Ehesache

If a case of matrimony becomes legally valid, while another family matter is pending before another court in the first legal proceedings, the court of the matrimony is to be handed over to the court of the matrimony. § 281 (2) and (3) sentence 1 of the Code of Civil Procedure shall apply accordingly.

Section 12
Procedures in civil partnership matters

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Section 269 Life Partnerships

(1) Life partnership matters are procedures which are the subject of the following:
1.
the repeal of the life partnership under the Life Partnership Act,
2.
the determination of the existence or non-existence of a life partnership;
3.
the parental concern, the right of access or the publication in relation to a Community child,
4.
the adoption as a child and the replacement of consent for adoption as a child,
5.
Housing assignment cases according to § 14 or § 17 of the Life Partnership Act,
6.
Household items according to § 13 or § 17 of the Life Partnership Act,
7.
the supply balance of the life partners,
8.
the legal basis for a Community minor child of the life partner,
9.
the legal maintenance obligations established by the civil partnership,
10.
claims arising from the life-partnership right of goods, even if third parties are involved in the procedure,
11.
Decisions pursuant to § 6 of the Life Partnership Act in conjunction with Section 1365 (2), § 1369 (2) and § § 1382 and 1383 of the Civil Code,
12.
Decisions pursuant to § 7 of the Life Partnership Act in conjunction with § § 1426, 1430, 1452 of the Civil Code or with § 1519 of the Civil Code and Article 5 (2), Article 12 (2) sentence 2 or Article 17 of the Agreement of 4 February 2010 between the Federal Republic of Germany and the French Republic on the status of the goods of the choice-grant community.
(2) Other life-partnership matters are procedures which have as their object:
1.
Claims in accordance with § 1 (4) sentence 2 of the Life Partnership Act in conjunction with § § 1298 to 1301 of the Civil Code,
2.
claims arising from the life partnership,
3.
claims between persons who lead or have a life partnership with each other, or between such a person and a parent in connection with the separation or lifting of the life partnership,
unless the jurisdiction of the labour courts is given or the proceedings relate to one of the matters referred to in Article 348 (1), second sentence, point 2 (a) to (k) of the Code of Civil Procedure, the right of residence or the law of succession, and where such matters are (3) Other life partnership matters are also proceedings concerning an application pursuant to section 8 (2) of the Life Partnership Act in conjunction with § 1357 (2) sentence 1 of the Civil Code. Unofficial table of contents

§ 270 Applicable provisions

(1) In the case of civil partnership matters pursuant to Section 269 (1) No. 1, the rules applicable to divorce proceedings, in life partnership matters pursuant to Section 269 (1) No. 2, are those applicable to proceedings for the determination of the existence or non-existence of a marriage. to apply the rules in force between the parties concerned. In the case of civil partnership matters pursuant to § 269 (1) no. 3 to 12, the provisions applicable in family matters pursuant to § 111, No. 2, 4, 5 and 7 to 9 shall apply accordingly. (2) In other life-partnership matters pursuant to § 269 (2) and (3) to apply the provisions in force in other family matters in accordance with Section 111 (10).

Book 3
Procedures in care and accommodation

Section 1
Procedures in care matters

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Section 271 Caring matters

Care matters are
1.
procedures for the appointment of a carer and for the removal of the care,
2.
Procedures for the arrangement of a reservation of consent and
3.
other procedures relating to the legal supervision of a full-year-old (§ § 1896 to 1908i of the Civil Code), insofar as this is not a matter of accommodation.
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Section 272 Local competence

(1) The following shall be the sole responsibility of this ranking:
1.
the court in which the care is pending, if a carer is already appointed;
2.
the court in whose district the person concerned has his habitual residence;
3.
the court in whose district the need for care accrues;
4.
the district court of Schöneberg in Berlin, if the person concerned is German.
(2) For interim measures in accordance with § 300 or provisional measures, the court in whose district the need for care is known shall also be responsible. It is intended that the rules laid down should be communicated to the court competent pursuant to paragraph 1 (1), (2) or (4). Unofficial table of contents

Section 273 levy on change of habitual residence

As an important reason for a charge within the meaning of § 4 sentence 1, it is generally to be considered that the habitual residence of the person concerned has changed and the tasks of the supervisor are essentially at the new place of residence of the person concerned. are fulfilled. The change of habitual residence shall be equal to an actual stay of more than one year in a different place. Unofficial table of contents

Section 274 Participants

(1) To be involved
1.
the person concerned,
2.
the supervisor, provided that his/her task is affected,
3.
the authorized agent within the meaning of Section 1896 (2) sentence 2 of the Civil Code, provided that his duties are affected.
(2) The procedural web shall be added to the proceedings through his/her appointment as a participant. (3) The competent authority shall, at its request as an interested party, be involved in proceedings in respect of:
1.
the appointment of a supervisor or the arrangement of a reservation of consent;
2.
Scope, content or stock of decisions of the type referred to in paragraph 1
(4) To be involved.
1.
in the proceedings referred to in paragraph 3, in the interests of the person concerned, his spouse or partner if the spouse or life partner is not permanently separated, and his/her parents, foster parents, grandparents, descendants, siblings and a Person of his trust,
2.
the representative of the State Treasury, in so far as the interest of the state treasury may be affected by the outcome of the proceedings.
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Section 275 Procetability

In care matters, the person concerned is capable of processing without regard to his or her business capacity. Unofficial table of contents

§ 276 Process flea

(1) The court has to appoint a procedural provider to the person concerned if this is necessary for the purpose of exercising the interests of the person concerned. The order is usually required if:
1.
from the personal interview of the person concerned in accordance with section 278 (4) in conjunction with § 34 (2), to be dissected or
2.
The subject matter of the procedure is the appointment of a supervisor for the concern of all the affairs of the person concerned or the extension of the task price to this effect; this also applies if the subject-matter of the proceedings is the one in § 1896 para. 4 and § 1905 of the Civil code not covered by the law.
(2) In the cases referred to in the second sentence of paragraph 1, the order may be waiver if the person concerned does not appear to be interested in the placing of the order for the proceedings. The non-appointment must be justified. (3) Anyone who leads the proceedings in the course of his/her professional practice shall only be appointed to the proceedings of the proceedings if no other suitable person is available for the voluntary management of the (4) The appointment of a procedural liable shall be not maintained or revoked if the interests of the person concerned are represented by a lawyer or by another suitable representative of the proceedings. (5) The order shall end if it is not repealed, with the The legal force of the final decision or the other conclusion of the procedure. (6) The appointment of a procedural provider or the cancellation thereof as well as the rejection of such a measure are not to be challenged on his own. (7) The procedural spimer do not impose any costs. Unofficial table of contents

Section 277 Remuneration and reimbursement of costs of the procedural provider

(1) The procedural member shall receive compensation for his expenses in accordance with § 1835 (1) to (2) of the Civil Code. Advance cannot be requested. An authority or an association is not receiving an application for application as a procedural provider. (2) § 1836 (1) and (3) of the Civil Code shall apply accordingly. In exceptional cases, if the procedural obligation is to be carried out, the procedural provider shall receive, in addition to the expenses referred to in paragraph 1, an allowance in the appropriate application of Sections 1, 2 and 3 (1) and (2) of the Vormünder-and Supervising compensation law. (3) Instead of the reimbursement rate and the remuneration referred to in paragraphs 1 and 2, the court may grant a fixed amount of money to the procedural member if the time required for the management of the deposit operations is is predictable and its exhaustion is guaranteed by the process fleecing. When calculating the amount of money, the time that is likely to be required is to be paid with the hourly rates determined in § 3 (1) of the Vormünder-und custodian compensation law, plus an extra charge of 3 euros per hour. In this case, the procedural provider does not need to prove the time and resources he has applied for; further claims for reimbursement of expenses and remuneration are not available to him. (4) Is an employee of a recognised care team as a procedural provider, the rate of application and the remuneration referred to in paragraphs 1 to 3 shall be granted to the association. § 7 (1) sentence 2 and (3) of the Premünder-und custoerremuneration Act as well as § 1835 (5) sentence 2 of the Civil Code shall apply accordingly. If a staff member is appointed as a procedural provider for the procedure, the supervisory authority shall not receive any reimbursement or remuneration. (5) The reimbursement of costs and the remuneration of the procedural liable shall always be taken from the State treasury to pay. In addition, Section 168 (1) applies accordingly. Unofficial table of contents

Section 278 Consultation of the person concerned

(1) The court has to personally consult the person concerned before ordering a supervisor or the order of a reservation of consent. It has a personal impression of the person concerned. This personal impression should be given to the court in its usual environment, if it requires the person concerned or if it serves the purpose of the investigation and does not object to the person concerned. (2) The court informs the person concerned about the possible course of the procedure. In appropriate cases, the person concerned has the possibility of taking the precautionary measures, their contents as well as the possibility of registering them with the central precautionary register in accordance with § 78a (1) of the Federal Code of Notaryorder. The court has to discuss with the person concerned the extent of the task price and the question of which person or body is considered to be the supervisor. (3) The procedural acts referred to in paragraph 1 may only take place by means of mutual legal assistance if: it is to be assumed that the decision can be taken without an own impression from the person concerned. (4) Should a personal interview be left under section 34, paragraph 2, because of this, considerable disadvantages are to be provided for the health of the person concerned, this decision may only be taken on the basis of a medical opinion. (5) Court may allow the person concerned to be brought forward by the competent authority if he refuses to participate in procedural acts referred to in paragraph 1. (6) Violence may only be used by the authority if the court has expressly ordered that. The competent authority is empowered, if necessary, to seek assistance from the police authorities. (7) Without his consent, the person concerned may only be forcibly opened, entered and searched if the court of law This is expressly stated in the case of the hearing of the hearing. In the event of a risk of default, the competent authority may arrange the order in accordance with the first sentence. This regulation restricts the fundamental right to inviolability of the home from Article 13 (1) of the Basic Law. Unofficial table of contents

Section 279 Consultation of the other parties involved, the supervisor and the legal representative

(1) The court has to consult the other parties before ordering a supervisor or ordering a reservation of consent. (2) The court has the competent authority before ordering a maintainer or ordering a To listen to the reservation of consent. The hearing prior to the appointment of a supervisor shall relate in particular to the following criteria:
1.
the personal, health and social situation of the person concerned,
2.
the need for care, including appropriate other aids (§ 1896 (2) of the Civil Code);
3.
Care selection, taking into account the primacy of honour (§ 1897 of the Civil Code) and
4.
in this respect, the person concerned.
(3) At the request of the person concerned, the court has to hear a person close to him if this is possible without significant delay. (4) In the case of a carer's order or the order of consent for a person concerned, the court has a right to grant consent for a person who is not responsible for the Minor (§ 1908a of the Civil Code) to listen to the legal representatives of the person concerned. Unofficial table of contents

Section 280 Collection of an expert opinion

(1) Prior to the appointment of a supervisor or the ordering of a reservation of consent, a formal taking of evidence has to be held by obtaining an opinion on the necessity of the measure. The expert should be a doctor of psychiatry or a doctor with experience in the field of psychiatry. (2) The expert has to personally investigate or interview the person concerned before the reappraisal of the opinion. The outcome of a hearing pursuant to Section 279 (2), second sentence, shall be taken into account by the expert if he has received his opinion. (3) The expert opinion shall cover the following areas:
1.
the clinical picture, including the development of the disease,
2.
the investigations carried out and the research findings on which they are based,
3.
the physical and psychiatric condition of the person concerned,
4.
the scope of the task price and
5.
the probable duration of the measure.
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§ 281 Medical certificate; deprivation of an expert opinion

(1) Instead of obtaining an expert opinion in accordance with § 280, a medical certificate shall be sufficient if:
1.
the person concerned has requested the appointment of a supervisor and has waived the opinion and the collection of the opinion would be disproportionate, in particular with regard to the scope of the carer's task price, or
2.
a carer is only ordered to assert the rights of the person concerned to his authorised representative.
(2) Section 280 (2) shall apply accordingly. Unofficial table of contents

§ 282 Existing opinions of the Medical Service of the Health Insurance

(1) The court may, in the procedure for the appointment of a supervisor, look at the collection of an expert opinion pursuant to § 280 (1), insofar as the use of an existing medical opinion from the medical service of the health insurance according to § § 280 (1). 18 of the Eleventh Book of the Book of Social Law can be found to what extent the conditions for the appointment of a supervisor are available for the person concerned as a result of a mental illness or a mental or mental disability. (2) Court may give this opinion, including existing findings, on To avoid further advice from the care insurance fund. The Court of First Instance shall indicate in its request the purpose for which the opinion and the findings shall be used. The court has to delete the transmitted data immediately if it finds that the data are not suitable for the intended use. (3) If the court finds that the expert opinion and the findings in the procedure for ordering are not appropriate, the court has to be informed of the of a supervisor shall be able to replace a further evaluation in whole or in part, it shall obtain the consent of the person concerned or of the pledge for the proceedings before further use. If the consent is not granted, the court shall immediately delete the data transmitted. (4) The court may, under the conditions set out in paragraphs 1 to 3, disregard the collection of an expert opinion in accordance with § 280 as a whole, if the other Conditions for the appointment of a maintainer to the conviction of the court are determined. Unofficial table of contents

§ 283 screening of the investigation

(1) The court may order that the person concerned be examined for the preparation of an opinion and that the person concerned is to be presented to an inquiry by the competent authority. The person concerned is to be heard in person beforehand. (2) Violence may only be used by the authority if the court has expressly ordered this. The competent authority shall have the power, if necessary, to seek the assistance of the police enforcement bodies. (3) The person concerned shall not be allowed to open, enter and search the home of the person concerned without his consent, if the court of law This has been expressly arranged for the screening of the latter. Before the order, the person concerned is to be heard personally. Where there is a risk of default, the competent authority may arrange for the order to be arranged without prior consultation of the person concerned. This regulation restricts the fundamental right to inviolability of the home from Article 13 (1) of the Basic Law. Unofficial table of contents

§ 284 Accommodation for appraisal

(1) The court may decide, after consulting an expert, that the person concerned be accommodated and observed for a certain period of time, to the extent that this is necessary for the preparation of the opinion. The person concerned must be heard in person beforehand. (2) The accommodation shall not exceed six weeks. If this period is not sufficient to obtain the necessary information for the opinion, the accommodation may be extended by a court order up to a total duration of three months. (3) § 283 (2) and (3) shall apply accordingly. The immediate appeal against decisions pursuant to paragraphs 1 and 2 shall take place in accordance with § § 567 to 572 of the Code of Civil Procedure. Unofficial table of contents

Section 285 The publication of an order for supervision or the transcript of a precautionary principle

In the cases of § 1901c of the Civil Code, the order of delivery or presentation of the documents referred to therein shall be effected by order of decision. Unofficial table of contents

Section 286 Content of the decision-making formula

(1) In the case of the appointment of a supervisor, the decision-making formula shall also include:
1.
the name of the carer's task price;
2.
when ordering a club supervisor, the name of the club supervisor and that of the association;
3.
when an official supervisor is appointed, the name is the official supervisor and the name of the authority;
4.
for the appointment of a professional supervisor, the name of the professional supervisors.
(2) In the case of the ordering of a reservation of consent, the decision formula shall contain the name of the circle of declarations of intent in need of consent. (3) The date on which the court of law on the repeal or extension of a measure the decision referred to in paragraph 1 or 2 shall be defined in the decision-making formula. Unofficial table of contents

Section 287 Reaction of decisions

(1) Decisions on the extent, content or stock of the appointment of a supervisor, on the arrangement of a reservation of consent or on the issuing of an injunction pursuant to § 300 shall be effective with the announcement to the supervisor. (2) Disclosure to the maintainer is not possible or is in danger of default, the court may order the immediate effectiveness of the decision. In such a case, it shall take effect if the decision and the order of its immediate effectiveness
1.
to the person concerned or to the body of the proceedings, or
2.
the office shall be handed over to the office for the purpose of notification as specified in point 1.
The date of immediate effect shall be noted in the decision. (3) A decision on the subject of the authorisation pursuant to Section 1904 (2) of the Civil Code shall not be taken until two weeks after the date of the announcement of the decision to the maintainer, or Authorized persons as well as of the procedural spats effective. Unofficial table of contents

Section 288 Disclosure

(1) The notification of the reasons for a decision to the person concerned may be waited if, according to a medical certificate, this is necessary in order to avoid significant disadvantages for his or her health. (2) The Court of First Instance has the competent authority to: A decision on the appointment of a supervisor or the ordering of a reservation of consent or decisions on the scope, content or stock of such a measure shall always be announced. Other decisions shall be notified to the competent authority if it has been consulted prior to the adoption of such decisions. Unofficial table of contents

Section 289 obligation of the maintainer

(1) The supervisor shall be obligated orally and shall be informed of his/her duties. This does not apply to supervisors, supervisors, associations, the competent authority and persons who carry out the supervision in the course of their professional practice, and not to voluntary carers who carry out more than one care or in the last few years. for two years. (2) In appropriate cases, the court will have an introductory interview with the supervisor and the person concerned. Unofficial table of contents

§ 290 Order of Order

The supervisor shall receive a certificate of his/her order. The certificate shall contain the following:
1.
the name of the person concerned and of the carer;
2.
in the event of an appointment of a club supervisor or supervising authority, this name and the name of the association or authority;
3.
the task of the supervisor;
4.
in the case of a reservation of consent, the name of the circle of declarations of intent in need of consent;
5.
for the appointment of a provisional supervisor by an interim order, the end of the interim measure.
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Section 291 Review of the selection of carers

The person concerned may require that the selection of the person who has assigned an association or an authority to carry out the supervision is subject to review by a court decision. The court may give up the association or the authority to select another person if a proposal by the person concerned, which does not prevent any important reasons, has not been complied with or if the previous choice has been made for the benefit of the person concerned. is in conflict. § 35 shall not apply. Unofficial table of contents

Section 292 Payments to the maintainer

(1) § 168 shall apply in accordance with the supervision procedure. (2) The state governments shall be authorized to introduce forms by means of a legal regulation for applications and declarations for the reimbursement of expenses and the approval of remuneration. To the extent that forms are introduced, persons carrying out the care in the course of their professional practice must be able to use them and submit them as an electronic document, if this is appropriate for automatic processing by the court. Otherwise, there is no proper assertion within the meaning of § 1836 (1) sentence 2 of the Civil Code in conjunction with § 1 of the Vormünder-und custoungsremuneration Act. The State Governments may transfer the authorization pursuant to sentence 1 to the Land Justice Administrations by means of a legal regulation. Unofficial table of contents

§ 293 Extension of the support or the reservation of consent

(1) The provisions on the arrangement of these measures shall apply in the case of the extension of the task price of the supervisor and the extension of the circle of declarations of intent in need of consent. The court only has to hear the competent authority if it requires the person concerned or if it is necessary to clarify the facts. (2) A personal hearing pursuant to § 278 (1) and the collection of an expert opinion or medical certificate (§ § 280 and 281) does not require
1.
if these procedural acts are no longer than six months, or
2.
the proposed extension referred to in paragraph 1 is not essential.
A substantial extension of the task circle of the supervisor is particularly important if, for the first time in whole or in part, the personal location or one of the tasks mentioned in § 1896 (4) or § § 1896 (4) or § § 1904 to 1906 of the Civil Code is included (3) If an extension of the task price is associated with the appointment of a further maintainer in accordance with § 1899 of the Civil Code, paragraphs 1 and 2 shall apply accordingly. Unofficial table of contents

Section 294 Repeal and restriction of the support or of the reservation of consent

(1) § 279 (1), (3) and (4) and § 288 (1), (3) and (4) for the abolition of the supervision or arrangement of a reservation of consent and for the restriction of the task price of the supervisor or of the circle of declarations of consent in need of consent. The first sentence of paragraph 2 shall apply. The court only has to hear the competent authority if it requires the person concerned or if it is necessary to clarify the facts. (2) If the court has, in accordance with Section 281 (1) No. 1, not to obtain an expert opinion, this must be obtained if a court of law has been informed of the need for a decision. (3) The Court of First Instance, by no later than seven years after the order, has decided to abolic the supervision or the reservation of consent. of these measures. Unofficial table of contents

Section 295 Extension of the support or of the reservation of consent

(1) For the renewal of the order of a supervisor or the order of a reservation of consent, the provisions relating to the first-time arrangement of these measures shall apply accordingly. The reconsideration of an expert opinion may be waited if the personal interview of the person concerned and a medical certificate show that the extent of the need for care clearly has not diminished. The Court of First Instance shall only consult the competent authority if it requires the person concerned or is required to clarify the facts. (2) The Court of First Instance shall, at the latest seven years after the date of the renewal of the assistance or of the reservation of consent, have been granted. To decide on the arrangement of these measures. Unofficial table of contents

§ 296 Dismissal of the maintainer and appointment of a new maintainer

(1) The court has to personally consult the person concerned and the supervisor if the person concerned is contrary to a dismissal of the supervisor (§ 1908b of the Civil Code). (2) Before ordering a new supervisor (§ 1908c of the Civil Code). The Court of First Instance shall personally consult the Court of First Instance. This does not apply if the person concerned has declared his/her consent with the change of supervisor. Section 279 shall apply accordingly. Unofficial table of contents

§ 297 sterilization

(1) The court has to consult the person concerned in person prior to the authorisation of the supervisor's consent to a sterilization (§ 1905 para. 2 of the Civil Code) and to give himself a personal impression of him. It has to inform the person concerned about the possible course of the proceedings. (2) The court has to consult the competent authority if it requires the person concerned or if it is to be informed of the facts. (3) The court has the other parties involved to listen. At the request of the person concerned, the court has to consult a person close to him if this is possible without significant delay. (4) The proceedings under paragraphs 1 to 3 cannot be carried out by the requested judge. (5) The The appointment of a procedural liable is always necessary, provided that the person concerned is not represented by a lawyer or any other suitable representative of the proceedings. (6) The authorisation may not be granted until after the Formal evidence is obtained from experts who have received formal evidence of evidence to the medical, psychological, social, special educational and sexualpedagogical aspects. The experts shall personally investigate or interview the person concerned before refunding the opinion. Expert and executive doctor may not be a staff member. (7) The authorisation shall be effective with the announcement of the caregiver appointed for the decision on consent to sterilisation, and
1.
to the process fleger or
2.
the person responsible for the proceedings if a procedural member has not been appointed.
(8) The decision on the authorisation shall always be made known to the person concerned himself. It is not possible to disregard the reasons for the reasons for the parties concerned. The competent authority shall always be notified of the decision. Unofficial table of contents

§ 298 Procedure in cases of § 1904 of the Civil Code

(1) The court may only authorise the consent, non-consent or revocation of the consent of a supervisor or a representative (§ 1904 (1), (2) and (5) of the Civil Code) only if the person concerned has previously been personally informed has been heard. The court is to listen to the other parties involved. At the request of the person concerned, the court has to consult a person close to him if this is possible without significant delay. (2) The appointment of a procedural liable is always necessary if the subject of the proceedings is subject to a permit pursuant to § 1904 (2) of the Civil Code. (3) An expert opinion shall be obtained prior to the approval. The expert should not be the treating physician as well. Unofficial table of contents

Section 299 Procedure in other decisions

The court is to personally listen to the persons concerned before a decision in accordance with § 1908i (1) sentence 1 in conjunction with § § 1821, 1822 No. 1 to 4, 6 to 13 as well as § § 1823 and 1825 of the Civil Code. Before making a decision pursuant to § 1907 (1) and (3) of the Civil Code, the court has to consult the person concerned in person. Unofficial table of contents

Section 300 Inauguration

(1) The court may, by means of a provisional order, appoint a provisional supervisor or order a provisional authorisation to grant consent if:
1.
there are urgent grounds for believing that the conditions for the appointment of a supervisor or the order of consent are met and that there is an urgent need for immediate action,
2.
a medical certificate relating to the condition of the person concerned;
3.
in the case of § 276, a procedural spimer has been appointed and consulted; and
4.
the person concerned has been heard in person.
By way of mutual legal assistance, a hearing of the person concerned is permitted by way of derogation from Section 278 (3). (2) The court may, by means of an injunction, dismiss a carer if there are urgent reasons for the assumption that the conditions for the dismissal and there is an urgent need for immediate action. Unofficial table of contents

Section 301 An injunction with increased urgency

(1) In the event of danger in default, the court may issue an injunction pursuant to § 300 prior to the hearing of the person concerned and before the hearing and appointment of the procedural liable. The court is not bound by § 1897 (4) and (5) of the Civil Code in the case of danger in the case of delay in the selection of the supervisor. Unofficial table of contents

Section 302 Duration of the injunction

If the court does not determine an earlier date, an injunction shall not be taken after six months. It may be extended for a total period of one year, after consultation of an expert, by further interim measures. Unofficial table of contents

Section 303 Supplementary provisions relating to the complaint

(1) The right of appeal shall be the responsibility of the competent authority to take decisions on:
1.
the appointment of a supervisor or the arrangement of a reservation of consent;
2.
Scope, content or stock of a measure referred to in paragraph 1
(2) The right of appeal against a decision taken on its own account shall be in the interest of the person concerned
1.
whose spouses or life partners, if the spouses or life partners do not live permanently separately, as well as the parents, grandparents, foster parents, descendants and siblings of the person concerned, and
2.
of a person of his trust
(3) The right of appeal shall be the subject of the proceedings of the proceedings. (4) The supervisor or the presiding agent may also, in the name of the person concerned, take a decision concerning his or her duties. Appeal to the Commission. If several carers or presiders carry out their duties jointly, each one of them may lodge a complaint to the person concerned. Unofficial table of contents

Section 304 Complaint of the State Treasury

(1) The right of appeal shall be entitled to the representative of the State Treasury insofar as the interests of the state treasury are affected by the decision. If the representative of the State Treasury claimed that the supervisor had misplaced a settlement or that the person concerned could be replaced by one or more other suitable persons appointed pursuant to Section 1897 (6) of the Civil Code. Persons outside of a professional practice are cared for, he is opposed to a decision which dismises the dismissal of the supervisor. (2) The time limit for filing the complaint by the representative of the state treasury is three months and Begins with the informal communication (§ 15 para. 3) to him. Unofficial table of contents

Section 305 Complaint of the Lower House

If the person concerned is accommodated, he may lodge a complaint with the district court, in whose district he is housed. Unofficial table of contents

Section 306 Waiver of the approval of consent

If a decision which has been subject to a reservation of consent is cancelled as unjustified, the validity of the legal transactions carried out by or in relation to the person concerned shall remain unaffected. Unofficial table of contents

§ 307 Costs in care matters

In matters of care, the court may impose on the person concerned the expositions of the person concerned, in so far as they were necessary for the appropriate legal proceedings, in whole or in part, if a care measure according to § § 1896 to 1908i of the Civil code is rejected as unjustified, restricted or terminated without decision on such a measure. Unofficial table of contents

Section 308 Notification of decisions

(1) Decisions shall be notified by the court to other courts, authorities or other public bodies, where this is necessary in accordance with the legitimate interests of the person concerned, in order to pose a significant risk to the well-being of the person concerned, (2) In the course of a judicial procedure, findings which require a notification referred to in paragraph 1 before the end of the procedure shall be obtained shall have been received by the Commission on the basis of the information already obtained. (3) The Court shall at the same time inform the Court of First Instance of the Communication to the parties concerned, to his/her procedural supper and to his/her advisors on the content and recipients of the communication. The information of the person concerned shall not be informed if:
1.
the purpose of the procedure or the purpose of the notification would be jeopardised by information,
2.
have, according to a medical certificate, significant disadvantages for the health of the person concerned, or
3.
the person concerned appears not to be able to understand the content of the information in the immediate sense of the court.
As soon as the reasons set out in the second sentence are deleted, the information shall be obtained. (4) The content of the communication, the manner in which it is forwarded, its addressee, the information to the person concerned or, in the event of its being lost, the reasons for it and the reasons for the communication. Information of the person responsible for the procedure and the supervisor must be made aware of the situation. Unofficial table of contents

Section 309 Special communications

(1) Where it is decided to appoint a supervisor to an interested party in order to run all his or her affairs, or to extend the duties of the person concerned, the Court of First Instance shall have the authority responsible for the management of the electoral register . This also applies if the decision does not cover the matters referred to in § 1896 (4) and § 1905 of the Civil Code (Civil Code). A notification shall also be made if a care under sentences 1 and 2 ends in a different way than by the death of the person concerned or if it is restricted. (2) A reservation of consent shall be arranged which shall be subject to the following conditions: Where the person concerned has a residence permit, the court must inform the registration authority, stating the person concerned. A notification shall also be made if the reservation of consent is cancelled in accordance with the first sentence or if a change occurs in the person of the maintainer. Unofficial table of contents

§ 310 Communications during accommodation

During the duration of a accommodation measure, the court has the head of the institution in which the person concerned is housed, the appointment of a supervisor extending to the residence of the person concerned, the abolition of a such care and any change in the person of the maintainer. Unofficial table of contents

Section 311 Communications on criminal prosecution

Except in the cases otherwise provided in this Act, in § 16 of the Introductory Act to the Law of the Court of Justice, as well as in § 70 sentences 2 and 3 of the juvenile justice Act, the court may take decisions or findings from the procedure from which the The person of the person concerned can be identified by the person concerned only for the prosecution of criminal offences or other courts or authorities, unless the interests of the person concerned are outweighed by the exclusion of the transmission. Section 308 (3) and (4) shall apply accordingly.

Section 2
Procedures in place of accommodation

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Section 312 Lower cases

Cases of accommodation shall be procedures which:
1.
the approval of a deprivation of accommodation and the authorisation of consent to a medical enforcement measure (§ 1906 (1) to (3a) of the Civil Code) of a person concerned or of a person who has a third party (§ 1906 (5) of the Civil Code),
2.
the approval of a deprivation measure pursuant to § 1906 (4) of the Civil Code, or
3.
A free-deprivation of accommodation and a medical enforcement measure by a full-year-old according to the state laws on the placement of mentally ill patients
. The compulsory medical measure shall apply to the provisions applicable to the accommodation in this section, unless otherwise specified. When a consent is given to a medical enforcement measure, the ordering of a procedure provider is always necessary. Unofficial table of contents

Section 313 Local competence

(1) The following shall be the exclusive jurisdiction of the place of accommodation in accordance with § 312 Nos. 1 and 2:
1.
the court in which a procedure for the appointment of a supervisor is initiated or the supervision procedure is pending;
2.
the court in whose district the person concerned has his habitual residence;
3.
the court in whose district the need for the accommodation measure arises;
4.
the district court of Schöneberg in Berlin, if the person concerned is German.
(2) The court in whose district is aware of the need for the accommodation measure shall also be responsible for interim measures or interim measures. In the cases of an injunction or an injunction, it shall inform the court competent pursuant to paragraph 1 (1) (1) or (2) thereof. (3) The Court of First Instance shall be responsible for any accommodation pursuant to Section 312 (3) of the Court of First Instance, in the latter's District the need for the accommodation measure to emerge. If the person concerned is already in a facility for the deprivation of accommodation, the court is solely responsible for the district in whose district the institution is situated. (4) If another court is responsible for the place of accommodation, the court shall be responsible for the accommodation. The person in which a procedure for placing an order for a supervisor is initiated shall inform the court responsible for the accommodation case of the removal of the care, the omission of the duties Accommodation and a change in the person of the supervisor. The court in charge of the accommodation shall inform the other court of the accommodation measure, its modification, its extension and its repeal. Unofficial table of contents

Section 314 Subversion of the accommodation matter

The Court of First Instance may issue the matter of accommodation if the person concerned is in the district of the other court and the accommodation measure is to be carried out there, provided that the person concerned has declared its willingness to take the proceedings. Unofficial table of contents

Section 315 Participants

(1) To be involved
1.
the person concerned,
2.
the maintainer,
3.
the authorized agent within the meaning of § 1896 (2) sentence 2 of the Civil Code.
(3) The competent authority shall be added to its application as an interested party. (4) Participants may be involved in the interest of the person concerned.
1.
whose spouse or life partner, if the spouses or life partners do not live permanently separately, as well as their parents and children, if the person concerned has lived with them or has lived in the course of the initiation of the proceedings, as well as the foster parents,
2.
a person appointed by him, of his trust,
3.
the head of the institution in which the person concerned lives.
The country's law may provide for further persons and bodies to be involved. Unofficial table of contents

§ 316 Procetability

In the case of accommodation, the person concerned shall be able to move without regard to his or her business. Unofficial table of contents

§ 317 Process flea

(1) The court has to appoint a procedural provider to the person concerned if this is necessary for the purpose of exercising the interests of the person concerned. The order is in particular necessary if the person concerned is to be heard from a hearing. (2) If the court does not order the person concerned, this is the case in the decision authorising a placement measure. (3) If a person is responsible for the conduct of his/her profession, he/she shall only be appointed to the procedural provider if no other suitable person is available for the purpose of voluntary management of the (4) Order of a procedural liable party shall not be held or withdrawn if the interests of the person concerned are represented by a lawyer or other appropriate representative of the proceedings. (5) The order shall end unless it is repealed in advance, with the The legal force of the final decision or the other conclusion of the procedure. (6) The appointment of a procedural provider or the cancellation thereof as well as the rejection of such a measure are not self-contetable. (7) The procedural brainist are not to impose any costs. Unofficial table of contents

Section 318 Remuneration and reimbursement of costs of the procedural provider

§ 277 applies accordingly to the remuneration and the reimbursement of the costs of the proceedings of the procedural person. Unofficial table of contents

Section 319 Consultation of the person concerned

(1) The court has to consult the person concerned in person before an accommodation measure and to obtain a personal impression of him. The court informs the person concerned about the possible course of the proceedings, insofar as this is necessary. (2) The court informs the person concerned about the possible course of the proceedings. (3) Should a personal interview be given in accordance with § § § § § § § § § § § § § § § § § 34 (2), since this decision is likely to have significant disadvantages for the health of the person concerned, this decision may only be taken on the basis of a medical opinion. (4) The procedural acts referred to in paragraph 1 shall not be used in the (5) The Court of First Instance may assist the parties concerned by the competent authority, if it refuses to participate in procedural acts referred to in paragraph 1. (6) Violence may be applied by the Authority only if the Court of First Instance expressly ordered this. The competent authority is empowered, if necessary, to seek assistance from the police authorities. (7) Without his consent, the person concerned may only be forcibly opened, entered and searched if the court of law This is expressly stated in the case of the hearing of the hearing. In the event of a risk of default, the competent authority may arrange the order in accordance with the first sentence. This regulation restricts the fundamental right to inviolability of the home from Article 13 (1) of the Basic Law. Unofficial table of contents

Section 320 Consultation of other interested parties and the competent authority

The Court of First Instance has to consult the other parties concerned. It shall consult the competent authority. Unofficial table of contents

Section 321 Recovery of an expert opinion

(1) Prior to any accommodation measure, a formal taking of evidence has taken place by obtaining an opinion on the necessity of the measure. The expert has to personally investigate or interview the person concerned before repayment of the opinion. The opinion shall also cover the expected duration of the accommodation. The expert is supposed to be a doctor of psychiatry; he must be a doctor with experience in the field of psychiatry. In the case of the approval of a consent to a medical coercive measure or in the case of their arrangement, the expert should not be the compulsorly treating physician. (2) A medical certificate is sufficient for a measure in accordance with § 312 No. 2. Unofficial table of contents

Section 322 screening for the examination; accommodation for the evaluation

§ § 283 and 284 shall apply accordingly for the screening and accommodation for the examination. Unofficial table of contents

Section 323 Content of the decision-making formula

(1) The decision-making formula shall also include, in the case of the authorisation or arrangement of a accommodation measure,
1.
the detailed description of the accommodation measure, and
2.
the date on which the accommodation measure ends.
(2) The decision-making formula shall include, in the case of the authorisation of a consent to a compulsory medical measure or in the case of which it is arranged, information on the implementation and documentation of this measure in the responsibility of a physician. Unofficial table of contents

Section 324 Reaction of decisions

(1) Decisions concerning the approval or arrangement of an accommodation measure shall be effective with legal force. (2) The court may order the immediate effectiveness of the decision. In such a case, it shall take effect if the decision and the order of its immediate effectiveness
1.
to the person concerned, to the person concerned, to the person concerned, to the supervisor or to the authorised representative within the meaning of Section 1896 (2) sentence 2 of the Civil Code,
2.
shall be communicated to a third party for the purpose of the implementation of the decision; or
3.
the office of the Court of First Instance shall be handed over for the purpose of the announcement.
The date of immediate effectiveness shall be noted in the decision. Unofficial table of contents

Section 325 Disclosure

(1) The notification of the reasons for a decision to the person concerned may be waited if, according to a medical certificate, this is necessary in order to avoid significant disadvantages for his or her health. (2) The decision to make a decision by Where the accommodation measure is approved or ordered, it shall also be known to the head of the institution in which the person concerned is to be accommodated. The Court of First Instance shall disclose to the competent authority the decision authorising, arranging or repeal of an accommodation measure. Unofficial table of contents

§ 326 Feed for accommodation

(1) The competent authority shall support the supervisor or authorised representative within the meaning of § 1896 (2) sentence 2 of the Civil Code at the request of the competent authority for the purpose of supplying them for accommodation in accordance with § 312 No. 1. (2) Violence shall only be permitted by the Authority apply if the court has expressly ordered this. The competent authority shall have the power, if necessary, to seek the assistance of the police enforcement bodies. (3) The person concerned shall not be allowed to open, enter and search the home of the person concerned without his consent, if the court of law it has expressly arranged this for its feeding to the accommodation. Before the order, the person concerned is to be heard personally. Where there is a risk of default, the competent authority may arrange for the order to be arranged without prior consultation of the person concerned. This regulation restricts the fundamental right to inviolability of the home from Article 13 (1) of the Basic Law. Unofficial table of contents

Section 327 Enforcement matters

(1) The person concerned may request a decision of the court against a measure to regulate individual matters in the execution of the accommodation in accordance with Section 312 (3). The application may also be subject to the obligation to adopt a measure rejected or omitted. (2) The request shall be admissible only if the person concerned asserts, by the measure, its refusal or omission in his rights. (3) The application does not have suspensive effect. The Court of First Instance may order the suspensive effect. (4) The decision shall not be countervailable. Unofficial table of contents

Section 328 Suspension of the implementation

(1) The court may suspend the enforcement of an accommodation in accordance with § 312 no. 3. The suspension may be subject to conditions. The suspension shall not exceed six months; it may be extended for up to one year. (2) The court may withdraw the suspension if the person concerned does not comply with a condition or if his condition so requires. Unofficial table of contents

§ 329 Duration and extension of accommodation

(1) The accommodation shall end at the latest by the end of a year, and in the case of a manifestly long accommodation need, no later than two years if it is not previously renewed. The authorisation of consent to a compulsory medical treatment or the arrangement thereof shall not exceed a period of six weeks if it is not previously renewed. (2) For the renewal of the authorisation or order of a The accommodation measure shall be subject to the rules applicable to the first-time arrangement or approval. In the case of accommodation of a total duration of more than four years, the court shall not appoint an expert who has so far treated or reviewed the person concerned or is active in the institution in which the person concerned is housed. (3) In the case of the authorisation of a consent to a medical enforcement measure or the arrangement thereof with a total duration of more than 12 weeks, the court shall not appoint an expert who has so far treated or assessed the person concerned has been or is active in the institution in which the person concerned is housed. Unofficial table of contents

Section 330 Repeal of accommodation

The authorisation or arrangement of the accommodation measure shall be repealed if its conditions are to be eliminated. The Court of First Instance is to consult the competent authority prior to the lifting of any accommodation measure pursuant to Section 312 (3), unless this would lead to a not only minor delay in the proceedings. Unofficial table of contents

Section 331 Inauguration

The Court of First Instance may order or authorise a provisional accommodation measure by means of a provisional arrangement if:
1.
There are urgent grounds for believing that the conditions for the approval or arrangement of an accommodation measure are met and that there is an urgent need for immediate action,
2.
a medical certificate of the condition of the person concerned and of the necessity of the measure is available; in the cases of § 312 (1) and (3), the doctor who creates the medical certificate shall have experience in the field of psychiatry and shall be required to: Be a doctor of psychiatry,
3.
in the case of section 317, a procedural spimer has been appointed and consulted; and
4.
the person concerned has been heard in person.
A hearing of the person concerned by means of mutual legal assistance may be permitted by way of derogation from Section 319 (4). Unofficial table of contents

Section 332 Urgent Procedure with increased urgency

In the event of danger in default, the court may issue an injunction in accordance with § 331 before the hearing of the person concerned and before the hearing and appointment of the procedural liable. These procedural acts must be immediately collected. Unofficial table of contents

§ 333 Duration of the injunction

(1) The injunction shall not exceed a period of six weeks. If this period is not sufficient, it may, after hearing an expert, be extended by a further injunction. The multiple renewal shall be permitted under the conditions set out in sentences 1 and 2. It shall not exceed the total duration of three months. A placement for the preparation of an expert opinion (§ 322) should be included in this total duration. (2) The provisional arrangement may take two weeks in the case of the approval of a consent to a medical coercive measure or the arrangement of the person concerned. do not exceed. In the case of multiple renewal, the total duration shall not exceed six weeks. Unofficial table of contents

Section 334 Procedural Measures

§ § 331, 332 and 333 apply accordingly, if according to § 1846 of the Civil Code an accommodation measure is to be taken. Unofficial table of contents

Section 335 Supplementary provisions relating to the complaint

(1) The right of appeal shall be in the interest of the person concerned
1.
whose spouses or life partners, if the spouses or life partners do not live permanently separately, and their parents and children, if the person concerned lives with them or has lived in the initiation of the proceedings, the foster parents,
2.
a person appointed by the person concerned, and
3.
the head of the institution in which the person concerned lives,
(2) The right of appeal shall be the subject of the proceedings of the proceedings. (3) The supervisor or the precautionary agent may also, in the name of the person concerned, take a decision concerning his/her duties. Appeal to the competent authority. (4) The right of appeal shall be the competent authority. Unofficial table of contents

Section 336 Filing of the complaint by the person concerned

The person concerned may also lodge the complaint with the district court in whose district he is housed. Unofficial table of contents

§ 337 Costs in Lower Matters

(1) In the case of accommodation, the court may impose on the State Treasury, in whole or in part, the expositions of the person concerned, in so far as they were necessary for the appropriate legal proceedings, if an accommodation measure pursuant to § 312 Nos. 1 and 2 (2) An application for an accommodation measure according to the Land laws on the placement of the mentally ill according to § 312 shall be rejected as unjustified. (2) No 3 rejected or withdrawn and has shown that the procedure for the The competent administrative authority shall not have a reasonable reason to submit the application for an application, the court has to impose the expositions of the person concerned of the body to which the managing authority is a member. Unofficial table of contents

Section 338 Notification of decisions

For communications, § § 308 and 311 apply accordingly. The cancellation of an accommodation measure pursuant to § 330 sentence 1 and the suspension of the accommodation pursuant to § 328 (1) sentence 1 shall be communicated to the head of the institution in which the person concerned is living. Unofficial table of contents

Section 339 Notification of relatives

The court shall immediately notify a family of the person concerned or a person of his confidence from the arrangement or approval of the accommodation and its renewal.

Section 3
Procedures in charge-related matters

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Section 340 Supervision Court assignment cases

The Court of Jurisdiction shall be responsible for
1.
Procedures relating to the deposit, with the exception of the parenthood, for minors or for a fruit crop,
2.
Procedures relating to the court order of another representative for a full-year term, and
3.
other procedures assigned to the care court;
in so far as it is not a matter of care or of accommodation. Unofficial table of contents

Section 341 Local competence

The jurisdiction of the court shall be determined in accordance with § 272 of the jurisdiction of the court of jurisdiction.

Book 4
Procedures in the case of succession and parts

Section 1
Definition; local competence

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Section 342 Definitions

(1) The cases of succession shall be procedures which:
1.
the special official safekeeping of orders of death,
2.
the securing of the estate, including relegation obligations,
3.
the opening of dispositions of death,
4.
the determination of the heirs,
5.
the acceptance of statements to be submitted to the court of succession in accordance with the law;
6.
Certificates of succession, executors of wills and other certificates to be issued by the estate court,
7.
the execution of the wills,
8.
the management of the estate, and
9.
other duties assigned to the estate courts by law
(2) Subpart cases are
1.
the tasks to be carried out by the courts in accordance with this book in dealing with a succession and the overall good after a marijuly, life-partnership or continued community of goods has been terminated; and
2.
Procedures relating to testimonies concerning the examination of the total good of a marital, life-partnership or continued community of goods in accordance with § § 36 and 37 of the basic book order as well as in accordance with § § 42 and 74 of the ship register order.
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Section 343 Local competence

(1) The local jurisdiction shall be determined according to the place of residence of the deceased at the time of the inheritance; if a domestic residence is missing, the court in whose district the deceased had his/her stay at the time of the inheritance is the court of jurisdiction. (2) If the German Erblasser is German and at the time of the inheritance he has neither residence nor stay in Germany, the district court of Schöneberg in Berlin is responsible. It may refer the matter to another court for important reasons. (3) If the deceased was a foreigner and at the time of the inheritance he had neither residence nor residence in the territory of the country, is any court in whose district the estate of the deceased is are responsible for all estate items. Unofficial table of contents

Section 344 Special local competence

(1) The special official custody of wills shall be the responsibility of the test person,
1.
if the will is set up in front of a notary, the court in whose district the notary has its headquarters;
2.
if the testament is established before the mayor of a congregation, the court to whose district the congregation belongs;
3.
if the testament is established according to § 2247 of the Civil Code, each court.
The deceased may at any time request the custody of a court which is not locally competent in accordance with the sentence 1. (2) The renewed special official custody of a Community testament pursuant to § 349 (2) sentence 2 shall be carried out at the time of the estate of the First-deceased competent court, unless the surviving spouse or life partner requires the custody of another district court. (3) Paragraphs 1 and 2 shall apply in accordance with the special official safekeeping of the court. (4) In order to secure the estate, each court has jurisdiction in the district of which the (4a) Each notary is responsible for the examination of a estate, which has his place of office in the district of the district court, in which the deceased had his last residence. If the deceased did not have a domical domiality, each notary is responsible for his/her residence in the district of a local court in which the estate is located. The person appointed by several locally competent notaries is the one in which a request for debate is first made. (5) For the examination of the total assets of a community of goods, if a share of the total good is part of a estate, the notary shall be responsible for the Dispute over the estate is responsible. In addition, each notary shall be responsible, who shall have his seat in the district of the court competent pursuant to Section 122 (1) to (5). If there is no jurisdiction thereafter, each notary shall have jurisdiction in the district of a local court in which there are items belonging to the total good. (6) If a court other than the court competent in accordance with section 343 has a disposition of death on grounds of official detention, that court shall be responsible for the opening of the order. (7) For the reception of the case a declaration with which the inheritance is knocked out (§ 1945 para. 1 of the Civil Code) or is challenged (§ 1955 of the Civil Code), is also the estate court in whose district the extorting or End of challenge shall be domicated. The minutes of the declaration shall be sent by this court to the competent estate court.

Section 2
Procedures in succession matters

Subsection 1
General provisions

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Section 345 Participants

(1) In proceedings for the issuing of a certificate of inheritance, the applicant shall be the party concerned. In addition, participants may be involved as participants:
1.
the legal heirs,
2.
those who, according to the content of an available disposition, are considered to be heirs because of death,
3.
the opponent of the applicant, if a dispute over the law of succession is pending,
4.
those who would be a heir in the event of the ineffectiveness of the disposition of death, as well as
5.
all other parties whose rights at the estate are directly affected by the procedure.
They shall be added to their application. (2) Paragraph 1 shall apply in accordance with the issuing of a certificate in accordance with § 1507 of the Civil Code or in accordance with § § 36 and 37 of the Basic Book Order as well as § § 42 and 74 of the ship's registry order. (3) In the The procedure for the appointment of a executor of the wills and the granting of a executor's product shall be the party of the executors of the wills. The Court of First Instance may, as a party concerned, add:
1.
the heirs,
2.
the co-enforcer.
They shall be added to their application. (4) In the other succession proceedings to be carried out at the request, the parties concerned shall be added to proceedings relating to:
1.
a succession or estate management of the estate or estate managers;
2.
the dismissal of a executor of the executors of the executors;
3.
the determination of the time limits laid down by the deadline for determining the time limit;
4.
the determination or extension of an inventory period of the heir to which the time limit is determined and, in the case of § 2008 of the Civil Code, the spouse or life partner of the latter;
5.
the acceptance of an affidavit, the person who has to make the affidavit insurance, and, in the case of § 2008 of the Civil Code, the spouse or life partner of the latter.
The Court of First Instance may, as an interested party, add to all the other persons whose law is directly affected by the proceedings. They shall be added to their request.

Subsection 2
Custody of cases of death due to

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Section 346 Procedure for special official custody

(1) The acceptance of a disposition of death for the purpose of special official custody and the publication thereof shall be ordered by the judge and shall be effected jointly by him and the official official of the office. (2) The custody shall be carried out at (3) The deceased shall be given a deposit of a deposit on the basis of the disposition of death taken in custody and shall be given a Community testament. each testator has its own deposit certificate, in the case of an inheritance agreement, Contract closing. Unofficial table of contents

Section 347 Communication on safekeeping

(1) If the court takes a personal testament or an emergency testament in the special official custody, it shall immediately transmit the information in the meaning of § 78b (2) sentence 2 of the Federal Code of Notarate electronically to the central office of the Central Office. Wills register leading register authority. The provisions of the first sentence shall apply mutatically to individual Community wills and contracts of succession which have not been taken into special official custody if they have been opened after the death of the first deceased, and not exclusively , which refer to the succession which has occurred with the death of the first deceased. (2) If a Community will or an inheritance contract pursuant to section 349 (2), second sentence and paragraph 4, is again taken into account in the special official custody, the court competent in accordance with Article 344 (2) or (3) shall transmit the information to the competent court Central wills register leading register authority, where available with reference to the previous registration. (3) Will be made available in the special official custody of death due to the special official safekeeping , the custody court shall inform the register authority accordingly. (4) The directories of the registry offices and at the Schöneberg district court in Berlin concerning the orders of death in official custody shall be returned to the register authority. up to the transfer to the Central Testament Register after the The Testamentsdirectory transfer law passed on from these bodies. If the body leading the list of wills receives news of the death of the deceased, it shall inform the body from which the depositary message comes from, unless the Register Authority leading the Central Testament Register shall inform the Commission of: Deaths in accordance with § 4 (1) of the TestamentsDir-Überduction Act (Testamentsdirectoryship). The national governments shall, by means of a regulation, lay down rules on the nature and extent of the communications referred to in the second sentence, on the contents of the lists of wills, and on the deletion of the data stored in the lists of wills. The use of the data is to be limited to what is necessary for the retrieval of the disposition of death due to the necessity of the death. The time limits for the deletion of the data may not exceed five years since the death of the deceased; if the deceased has been declared dead or the date of death has been determined by the court, the data shall be available at the latest after 30 years. (5) The communications referred to in the second sentence of paragraph 4 may be made by electronic means. The national governments determine by means of law the date from which notifications can be issued and submitted electronically in their area, as well as the appropriate form for the processing of the documents. (6) The state governments can transfer the authorisations referred to in the third sentence of paragraph 4 and the second sentence of paragraph 5 by means of a regulation to the State Justice Administrations.

Subsection 3
Opening of dispositions of death due to

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Section 348 Opening of decrees of death due to the estate court

(1) As soon as the court has become aware of the death of the deceased, it has to open an order in its custody of death on account of the death of the deceased. The opening shall be subject to a record of the opening. If the order was closed due to death, it must be stated in the minutes whether the closure was intact. (2) The court can determine the opening of the order of death for an appointment and the legal heirs as well as the Invite other parties to the appointment. The contents of the disposition of death are to be announced verbally to the published. It may also be presented to the published persons; upon request, it shall be presented to them. (3) The Court of First Instance shall inform the parties concerned in writing of the content of the contents of the disposition of death concerning them. This shall not apply to participants who were present in an appointment as referred to in paragraph 2. Unofficial table of contents

§ 349 Special features of the opening of Community test and succession contracts

(1) In the event of the opening of a Community testament, the dispositions of the surviving spouse or partner, insofar as they can be separated, shall not be disclosed to the parties concerned. (2) A Community Testament has been in place in the , a certified copy shall be made of the orders of the deceased spouse or life partner. (3) Paragraph 2 does not apply if the testament contains only orders relating to the succession of the case of the shall refer to the first-person spouse or partner, in particular where the will is limited to the declaration that the spouses or life partners are committed to each other's heirs. (4) Paragraphs 1 to 3 shall apply to inheritance contracts shall apply accordingly. Unofficial table of contents

Section 350 Opening of the disposition of death on the grounds of another court

If a court having jurisdiction in accordance with section 344 (6) has opened the order for death, it has to send it and a certified copy of the opening document to the court of succession; a certified copy of the disposition of death is due to death withheld. Unofficial table of contents

Section 351 Opening period for dispositions of death due to

If a Testament, a Community Testament or a contract of inheritance has been in official custody for more than 30 years, the depositary shall determine whether or not the deceased is still alive. If the depositary cannot determine that the deceased is still alive, the disposal of death shall be opened. § § 348 to 350 shall apply accordingly.

Subsection 4
Succession Procedure; Enforcement of wills

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Section 352 Decision on certificate of inheritance

(1) The decision that the facts necessary for the issuing of a certificate of inheritance are deemed to be established shall be taken by decision. The decision shall take effect with a decision. The decision shall not be notified of the decision. (2) In the event of a decision taken by a party, the decision shall be notified to the parties concerned. In such a case, the Court of First Instance shall suspend the immediate effectiveness of the decision and defer the grant of the certificate up to the legal force of the decision. (3) If the certificate has already been issued, the appeal against the decision shall only be: shall be admissible in so far as the contraction of the certificate is requested. Unofficial table of contents

§ 353 Confiscation or declaration of force of succession

(1) The Court of First Instance shall decide on the costs of the proceedings in proceedings concerning the confiscation or the declaration of force of a certificate. The decision should be taken at the same time as the final decision. (2) If the certificate of inheritance has already been drawn up, the appeal against the confisation decision shall be admissible only in so far as the grant of a new equivalent certificate of inheritance is requested . The appeal is in doubt as a request for the grant of a new equivalent certificate of inheritance. (3) A decision declaring a certificate of inheritance to be without power shall no longer be countervailable after the decision has been made public (§ 2361 (2) sentence 2 of the Civil Code). Unofficial table of contents

Section 354 Other certificates

§ § 352 and 353 apply accordingly to the issuing of certificates in accordance with § § 1507 and 2368 of the Civil Code, the § § 36 and 37 of the Basic Book Order as well as § § 42 and 74 of the ship's register order. Unofficial table of contents

§ 355 Enforcement of wills

(1) A decision by which the succession court determines a period of time for the adoption of the Office by a third party for a declaration in accordance with Section 2198 (2) of the Civil Code or a person appointed to the executor of the executor, shall be subject to the following: (2) A decision by which the Court of First Instance, in the event of a disagreement between several executors, on the acceptance of a court of law, shall be subject to a decision by the Court of First Instance. Legal business decides to apply Section 40 (3) accordingly; the appeal is within a period of two weeks. (3) If several executors of the wills are acting jointly, the appeal is contrary to a decision by which the court disclaims orders of the deceased for the administration of the estate , as well as against a decision by which the court decides on differences of opinion between the executors of the executors, each executor of the wills shall independently execute the decision.

Subsection 5
Other procedural regulations

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Section 356 Notification of notification

(1) If the court is aware that a child has acquired property from death which is to be registered in accordance with Section 1640 (1) sentence 1 and (2) of the Civil Code, the court shall inform the family court of the acquisition of assets. (2) Has a court of law Pursuant to § 344 (4) measures to secure the estate, it is to inform the court in charge of this matter in accordance with § 343. Unofficial table of contents

§ 357 A view of an opened disposition of death on the ground; copy of a certificate of inheritance or other testimony

(1) Anyone who makes a legitimate interest is entitled to see an opened disposition of death due to death. (2) Anyone who makes a legitimate interest can demand that a copy of the certificate be issued to him by the court. . The same shall apply to the judicial certificates issued in accordance with section 354 and to the decisions relating to the appointment or dismissal of a executor. Unofficial table of contents

§ 358 Forced to the delivery of test amers

In the cases of Section 2259 (1) of the Civil Code, the order of delivery of the testament shall be effected by decision. Unofficial table of contents

§ 359 Post-administration

(1) The decision to accept the request of the heir to order the estate administration shall not be countervailable. (2) The decision shall be taken against the decision giving the request of a creditor of the estate to order the estate administration; The appeal is only to the heir, to the heirs of each heir, and to the executor of the executor, who is entitled to administer the estate. Unofficial table of contents

Section 360 Determination of an inventory deadline

(1) The time limit for lodging a complaint against the decision determining an inventory period for the heir shall commence for each creditor of the estate with the date when the decision is made known to the estate creditor, who shall submit the request (2) paragraph 1 shall apply in accordance with the appeal against a decision deciding whether to determine a new inventory period or the application of the heir to extend the inventory period . Unofficial table of contents

§ 361 Eidesstately Insurance

If a succession creditor of the heir demands the delivery of the oath of insurance provided for in § 2006 of the Civil Code, the appointment of the date for the delivery of the oath insurance can be determined by the estate creditor. as well as for the heirs. Both parts are to be loaded on the date. The presence of the creditor is not required. § § 478 to 480 and 483 of the Code of Civil Procedure shall apply accordingly. Unofficial table of contents

§ 362 Stundung of the Compulsory Partial Claim

§ 264 shall apply mutatis-nly to the procedure for the stuning of a compulsory partial claim (§ 2331a in conjunction with § 1382 of the Civil Code).

Section 3
Procedures in partial cases

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§ 363 Application

(1) In the case of several heirs, the notary shall, upon request, mediate the examination of the estate between the parties; this shall not apply if a executor of the executors of the wills is present. (2) The right to submit applications is entitled to (3) In the application, the parties and the division mass shall be designated in the application. Unofficial table of contents

§ 364 (omitted)

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§ 365 Charge

(1) The notary shall invite the applicant and the other parties concerned to a trial date. The charge by public service is inadmissible. (2) The charge shall contain the indication that, notwithstanding the failure of a participant, the dispute will be negotiated and that the cargo will be subject to the new deadline. , if the date is postponed or a new date for the continuation of the trial is to be scheduled. If documents are available for the examination, it should be pointed out in the summons that the documents can be viewed in the business premises of the notary. Unofficial table of contents

Section 366 Extrajudicial Agreement

(1) In the event of an agreement between the parties who have been published before the dispute, in particular on the nature of the division, the notary shall have the agreement to assess the agreement. The same applies to suggestions made by a participant if only the participant has appeared. (2) If all the parties have appeared, the notary has to confirm the agreement they have reached. The same shall apply if the non-published parties give their consent to a judicial transcript or to a publicly certified document. (3) If a party has not appeared, the notary shall have, if the party concerned does not have The second sentence of paragraph 2 has agreed to disclose to him the contents of the document concerning him and to notify him at the same time that he can inspect the document in the business premises of the notary and request a copy of the document. The announcement must include the indication that his agreement with the content of the document shall be accepted if he does not request the delivery of a new appointment within a period to be determined by the notary, or if he/she is in the new one. (4) If the participant requests the delivery of a new appointment in due time and if he appears on this date, the trial is to continue; otherwise, the notary will have to confirm the agreement. Unofficial table of contents

§ 367 Re-establishment

If, in the case of § 366 of the participants without his fault, he was prevented from applying for a new appointment in due time or appearing in the new appointment, the provisions concerning the reinstatment to the previous stand are valid (§ § 17, 18 and 19 (1) respectively. Unofficial table of contents

§ 368 Separation plan; confirmation

(1) As soon as the dispute can take place after the situation, the notary has to draw up a plan of separation. If the published participants agree with the contents of the plan, the notary has to assess the dispute. If all the participants have appeared, the notary has to confirm the dispute; the same shall apply if the parties not published give their consent to the court's protocol or in a publicly certified document. (2) The notary has not appeared in accordance with § 366 (3) and (4). § 367 shall apply accordingly. (3) (omitted) Unofficial table of contents

Section 369 Distribution by lot

If a distribution is agreed upon by lot, the lot, if not another one, shall be drawn for the non-published parties by a representative to be appointed by the notary. Unofficial table of contents

Section 370 Suspension in case of dispute

Where disputes arise in the course of the negotiations, a minutes shall be recorded and the proceedings shall be suspended until the points of dispute have been completed. To the extent that indisputable points can be assessed, the notary shall have to proceed according to § § 366 and 368 (1) and (2). Unofficial table of contents

Section 371 Effects of the confirmed agreement and dispute; enforcement

(1) Agreements pursuant to § 366 (1) and disputes according to § 368 shall be effective with the legal force of the confirmation decision and shall be binding for all parties in the same way as a contractual agreement or dispute. (2) The agreement pursuant to section 366 (1) as well as the altercation shall take place after their effective implementation. § § 795 and 797 of the Code of Civil Procedure are to be applied. Unofficial table of contents

Section 372 Legal remedy

(1) A decision determining a time limit pursuant to section 366 (3) and a decision to decide upon the reinstatation shall be with the immediate appeal in appropriate application of § § 567 to 572 of the Civil Procedure Code (2) The appeal against the Confirmation Decision can only be based on the fact that the provisions relating to the procedure have not been complied with. Unofficial table of contents

Section 373 dispute of a community of goods

(1) The provisions of this section shall apply mutagenically to the examination of the total good after the end of the marital, life-partnership or the continued community of goods. (2) For the procedure for granting, Confiscation or declaration of force of testimonies on the examination of the total good of a marital, life-partnership or continued community of goods in accordance with § § 36 and 37 of the basic book order as well as § § 42 and 74 of the Ship registration regulations are in accordance with § 345 para. 1 as well as § § 352, 353 and 357.

Book 5
Procedures in register matters, corporate procedures

Section 1
Definition

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Section 374 Register matters

Register items are
1.
commercial register matters;
2.
Cooperative register cases,
3.
partnership register matters,
4.
Register of records,
5.
Goods in the register of goods.
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§ 375 Company law procedures

Corporate legal procedures are the
1.
§ 146 (2), § § 147, 157 (2), § 166 (3), § 233 (3) and § 318 (3) to (5) of the Commercial Code,
2.
§ 11 of the Inland Waterways Act, in accordance with the provisions of this Act concerning the dispache, as well as in accordance with Section 595 (2) of the Commercial Code, also in conjunction with Section 78 of the Inland Waterway Act,
3.
§ 33 (3), § § 85 and 103 (3), § § 104 and 122 (3), § 147 (2), § 183a (3), § 264 (2), § 265 (3) and (4), § 270 (3), § 273 (2) to (4), and § 290 (3) of the German Stock Corporation Act (AktG),
4.
Article 55 (3) of Council Regulation (EC) No 2157/2001 of 8 June 2001. October 2001 on the Statute for a European Company (SE) (OJ L 327, 28.12.2001 EC No 1) and section 29 (3), section 30 (1), (2) and (4), section 45 of the SE-Implementing Act,
5.
§ 26 (1) and (4) and § 206, second sentence, and 3 of the Transformation Act,
6.
Section 66 (2), (3) and (5), Section 71 (3) and 74 (2) and (3) of the Act concerning limited liability companies,
7.
§ 45 (3), § § 64b, 83 (3), 4 and 5, and § 93 of the Cooperative Act,
8.
Article 54 (2) of Council Regulation (EC) No 1435/2003 of 22 July 2003 on the Statute for a European Cooperative Society (SCE) (OJ L 245, 29.9.2003, p. 1). EU No L 207 p. 1),
9.
Section 2 (3) and Section 12 (3) of the publicity law,
10.
Article 11 (3) of the Act on the participation of employees in the supervisory boards and boards of companies in the mining and iron and steel industries,
11.
§ 2c (2) sentence 2 to 7, § § 22o, 36 (3) sentence 2, § 28 (2), § 38 (2) sentence 2, § 45a para. 2 sentence 1, 3, 4 and 6 of the Banking Act,
11a.
§ 2a, paragraph 4, sentence 2 and 3 of the investment law,
12.
(dropped),
13.
Section 47 (2) and section 104 (2) sentences 3 to 8 of the Insurance Supervision Act and § 28 (2) sentences 1 to 5 of the Financial Conglomerate-Supervisory Act,
14.
Section 6 (4) sentences 4 to 7 of the Stock Exchange Act,
15.
§ 10 of the Partnership Company Act in conjunction with Section 146 (2) and § § 147 and 157 (2) of the German Commercial Code,
16.
Articles 9 (2) and 3 (2) and 18 (2) sentence 2 and 3 of the Debt Act
matters to be done by the court.

Section 2
Responsibility

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Section 376 Special provisions on jurisdiction

(1) For proceedings pursuant to § 374 nos. 1 and 2 and § 375 number 1, 3 to 14 and 16, the court in whose district a district court has its registered office is responsible for the district of this regional court. (2) The state governments are authorized to To transfer the tasks pursuant to Section 374 (1) to (3) and to Section 375 (1), (3) to (14) and (16) other or additional local courts, and to determine the districts of the courts by way of derogation from paragraph 1. You may transfer the authorization pursuant to sentence 1 by means of a legal regulation to the State Justice Administrations. A number of countries may agree to the jurisdiction of a court for proceedings in accordance with § 374 (1) to (3) above the national borders. Unofficial table of contents

Section 377 Local competence

(1) The court in whose district the branch of the individual businessman, the registered office of the company, the insurance association, the cooperative, the partnership or the association is situated, shall be the court in whose district is located, to the extent that the court has jurisdiction. (2) The court of the place shall be responsible for matters which are assigned to the courts in accordance with the dispache to be set up under the Commercial Code or by the Inland Waterway Act. to the distribution of the damage to the haverside. (3) The entries in the The register of goods shall be brought about by any court in whose district only one of the spouses or life partners has his habitual residence. (4) § 2 para. 1 shall not apply.

Section 3
Register things

Subsection 1
Procedure

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Section 378 Application law of the notaries

(1) For statements made to the register which are required for registration and issued in a public or publicly certified form, the parties may also be represented by persons who are not in accordance with § 10 (2) shall be entitled to represent. This also applies to the receipt of registration notifications and orders of the register. (2) If the declaration required for registration is certified or certified by a notary, the notary shall be deemed to have been authorized to do so in the name of the declaration Entitled to apply for registration. Unofficial table of contents

Section 379 obligations of the authorities

(1) The courts, the public prosecutors, the police and municipal authorities as well as the notaries have the cases of incorrect, incomplete or dismissed application to the commercial, cooperative, association or association, which have been notified to them officially. (2) The financial authorities shall provide information on the tax conditions of merchants or companies, in particular in the field of commercial and turnover tax, to the register courts. , to the extent that such information is intended to prevent incorrect entries in the Trade or partnership registers and for the correction, completion or deletion of entries in the register is required. The information is not subject to the inspection of files (§ 13). Unofficial table of contents

Section 380 Participation of the professional bodies; right of appeal

(1) The register courts shall be responsible for the avoidance of incorrect entries, the correction and completion of the trade and partnership register, the erasure of entries in those registers and the intervention against inadmissible Corporate use or improper use of a partnership name of
1.
the institutions of the commercial status,
2.
the organs of the craft industry, as far as the registration of craftsmen is concerned,
3.
the institutions of the agricultural and forestry profession, in so far as they are concerned with the registration of agricultural or forestry farmers,
4.
the professional bodies of the liberal professions, to the extent that they are involved in the registration of members of these professions,
(2) The Court of First Instance may, in case of dubious cases, consult the professional bodies in so far as this is necessary for the purpose of carrying out statutory entries and in order to avoid incorrect entries in the register. is required. In the case of a cooperative register, the hearing provided for in paragraph 2 is limited to the question of the admissibility of the company's use. (4) Insofar as the professional bodies (5) The appeal is lodged against a decision by the professional bodies. Unofficial table of contents

Section 381 Suspension of proceedings

If the other requirements of section 21 (1) are fulfilled, the register court may also suspend the proceedings if a lawsuit is not pending. In this case, it shall set a time-limit for the collection of the action by one of the parties concerned. Unofficial table of contents

Section 382 Decision on applications for entry

(1) The register court shall give an application for registration by the registration in the register. Registration shall be effective in the register with its enforcement. (2) The registration shall indicate the date on which it has been completed; it shall be accompanied by the signature or the electronic signature of the competent judge or official. (3) The decision refusing an application for registration shall be taken by decision. (4) If an application for registration in the register referred to in § 374 (1) to (4) is incomplete or the registration is subject to a different In the event of an obstacle, the Register Court shall give the applicant a reasonable time limit. To determine the removal of the obstacle. The decision shall be countervailable with the appeal. Unofficial table of contents

Section 383 Communication; Dispute

(1) The registration is to be communicated informally to the parties; the notification may be waived. (2) The provisions relating to the publication of entries in the register shall remain unaffected. (3) The registration shall not be countervailable. Unofficial table of contents

Section 384 Of the Office for Preliminary Entries

(1) Articles 382 (1) (2) and (2) and Article 383 (2) shall apply mutatis-ly to the application of the Office. (2) If a fact to be registered by the Office for the inaccuracy of other facts registered in this register sheet shall be carried out by the Office of the Office, this shall be ex officiated. in a suitable way. Unofficial table of contents

Section 385 View of the registers

The inspection of the registers referred to in § 374 as well as the documents submitted to the respective register shall be determined in accordance with the special register law provisions as well as the legal regulations issued pursuant to Section 387. Unofficial table of contents

Section 386 Certificates

The register court must, on request, issue a certificate attesting that further entries in the register do not exist in respect of the subject of an entry, or that a certain entry into the register has not been made. Unofficial table of contents

Section 387 Appropriations

(1) The State Governments shall be empowered to determine by means of a decree law that the data of the register of trade, cooperative, partnership or association registers held by a court shall also be used for the purpose of inspection and for the purpose of obtaining information from other local courts. The issue of printing is accessible. The national governments can transfer this authorisation to the Land Justice Administrations by means of a legal regulation. Several countries can also agree that the register data held in the courts of a country can also be accessed by the other country's local courts for the purposes of viewing and issuing imprints. (2) The Federal Ministry of Justice will authorized, by means of a regulation with the consent of the Federal Council, the more detailed provisions on the establishment and management of the trade, cooperative and partnership register, the transmission of the data to the business register and the File management in appeal proceedings, the inspection of the register, the details the electronic transmission in accordance with § 9 of the Commercial Code and the procedure for registrations, entries and notices. It may also be stipulated that the date of birth of persons to be entered in the register must be notified for registration and that the address of the undertakings and branches to be entered must be submitted to the court; to the extent that the date of birth of the person to be registered is to be submitted to the Article 14 of the Commercial Code is to be applied accordingly. (3) By means of the legal regulation referred to in paragraph 2, the more detailed provisions concerning the participation of the institutions referred to in § 380 may also be applied in the proceedings. in front of the register courts. In particular, it may also be determined that the data required for the performance of their legal tasks from the trade or partnership register and the registers to be provided to those bodies shall be subject to regular or regular intervals of time. shall be communicated to the Commission. The data to be communicated shall be laid down in the legal regulation. The recipients may use the personal data transmitted only for the purpose for which they have been transmitted to them. (4) Furthermore, by means of the legal regulation referred to in paragraph 2, more detailed provisions may be made on the institution and Management of the register of associations, in particular on the procedure for notifications, entries and notices, and on the inspection of the register, and on the file management in the appeal proceedings. (5) The electronic Data processing for the management of the trade, cooperative, partnership or A register of associations may, on behalf of the competent court, be carried out on the premises of another public authority or on the installations of a third party, if the proper execution of the register matters is ensured.

Subsection 2
Compulsory monetary procedures

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§ 388 Androhung

(1) As soon as the register court has a state of affairs, the intervention according to § § 14, 37a (4) and § 125a (2) of the German Commercial Code, also in conjunction with Section 5 (2) of the Partnership Company Act, § § 407 and 408 of the German Commercial Code. German Stock Corporation Act, Section 79 (1) of the Act concerning limited liability companies, Section 316 of the Transformation Act or Section 12 of the EEIG Act of Execution warrants that it has a credible knowledge of the law, and it has the responsibility of the party to act under threat of Forcibly giving up, within a specified period of time, of its statutory obligation (2) In the same way, the Register Court may act against the members of the board of an association or its liquidators, in order to comply with the provisions of Section 78 of the Civil Society Legislation referred to in the Code. Unofficial table of contents

Section 389

(1) If within the specified period neither the statutory obligation is sufficient nor an objection is filed, the threatened penalty payment shall be determined by decision and at the same time the invitation to § 388 shall be subject to a renewed penalty payment. (2) At the same time, the amount of the penalty payment shall be determined by the party concerned at the expense of the proceedings. (3) In the same way, it is necessary to continue until the legal obligation is sufficient or objection is made. Unofficial table of contents

§ 390 Procedure for objection

(1) If an objection is filed in good time, the court shall, if the objection proves not to be justified, charge the party concerned for discussion of the case at an appointment. (2) The court may, even if the party concerned does not make an appointment to the court (3) If the objection is deemed to be well founded, the decision taken is to be repealed. (4) Otherwise, the court has to reject the opposition by decision and to set the threatened penalty payment. The court may, if the circumstances justify it, disregard the fixing of a penalty payment or fix a lesser than the imminent penalty payment. (5) In the event of the objection of the opposition, the court has at the same time a renewed invitation to the Court of First Instance in accordance with § 388. The period specified in this decision shall commence with the entry of the legal force of the objection of opposition. (6) If, in the case of Section 389, objections are raised against the repeated threat of appeal and the latter is deemed to be well founded, the court may, if the Circumstances justifying it, at the same time lifting a previously fixed penalty payment or setting a lower penalty payment at the place of the penalty. Unofficial table of contents

Section 391 complaint

(1) The decision by which the periodic penalty payment is fixed or the opposition is rejected. (2) If the penalty payment is fixed in accordance with § 389, the complaint cannot be based on the fact that the threat of the It was not justifiable. Unofficial table of contents

Section 392 Procedure in the case of unauthorised use

(1) In accordance with Section 37 (1) of the Commercial Code, if a person who does not need a company to which he is not required is to be registered, § § 388 to 391 shall apply, where:
1.
to the person concerned being abandoned under threat of a law of order, to abstain from the use of the firm or to justify the use of the firm by means of opposition within a specified period of time;
2.
the monetary order is fixed if no objection has been lodged or the objection raised is finally rejected and the party concerned has acted contrary to the decision after notification of the decision.
(2) Paragraph 1 shall apply in the case of unauthorised use of the name of a partnership.

Subsection 3
Erasure and resolution procedures

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§ 393 Deletion of a company

(1) The erasure of a company shall be entered in the Commercial Register on its own account pursuant to Article 31 (2) of the Commercial Code, or at the request of the professional bodies. The court has the right to notify the registered proprietor of the company or its legal successor from the intended deletion and, at the same time, to determine a reasonable period of time to assert an objection. (2) Persons or their residence shall not be known, notification shall be made and the time limit shall be determined by means of a notice in the electronic information and information system intended for the publication of entries in the commercial register; and Communication system according to § 10 of the Commercial Code. (3) The court decides by Decision if it does not comply with a request for initiation of the deletion procedure or if it is not subject to deletion. The decision shall be appealable with the appeal. (4) The refusal of an objection shall at the same time impose the costs of the opposition proceedings on the party, insofar as this is not unreasonable. (5) The erasure shall only be effected if no (6) Paragraphs 1 to 5 shall apply mutatically if the deletion of the name of a partnership is to be entered into. Unofficial table of contents

Section 394 Deletion of companies and cooperatives in the wealthy sector

(1) A public limited liability company, limited liability company, limited liability company or cooperative, which has no assets, may be erased by its own motion or at the request of the financial authority or the professional bodies. It must be deleted on its own account if the insolvency proceedings have been carried out on the assets of the company and if there is no evidence that the company is still holding assets. (2) The court has the intention of erasing to make known to the legal representatives of the company or cooperative, to the extent that such persons are present and their person and their stay in the country are known, and at the same time to provide them with a reasonable period of time to assert the appeal . Although there is no obligation to publish and determine the time limit laid down in the first sentence, the Court may order that the notice and the determination of the period shall be determined by means of a notice in the publication in which the notice of entry into the contract is published. Commercial register of certain electronic information and communication systems pursuant to § 10 of the Commercial Code; in this case, each person is entitled to collect the objection which is a legitimate interest in the omission of the deletion . Prior to the deletion, the institutions designated in § 380 shall be heard in the case of a cooperative of the Examining Association. (3) For the further procedure, § 393 (3) to (5) shall apply accordingly. (4) Paragraphs 1 to 3 shall apply accordingly to open Commercial companies and limited partnerships, in which none of the personally liable partners is a natural person. However, such a company can only be erased if the conditions required for the lack of assets are met by both the company and the shareholders who are personally liable. The first and second sentences do not apply if one of the personally liable partners belongs to another open-ended trading company or a limited partnership, in which a natural person is personally liable to a shareholder. Unofficial table of contents

Section 395 deletion of inadmissible entries

(1) If an entry in the register is inadmissible on account of the lack of an essential condition, the register court may delete it from its own motion or at the request of the professional bodies. The deletion is done by registering a note. (2) The court has to notify the party of the intended deletion and at the same time to determine a reasonable time limit for the assertion of an objection. Section 394 (2) sentence 1 and 2 shall apply accordingly. (3) For the further procedure, § 393 (3) to (5) shall apply accordingly. Unofficial table of contents

§ 396

(omitted) Unofficial table of contents

Section 397 Deletion of non-companies and cooperatives

A company registered in the Commercial Register or a limited partnership on shares may be deleted in accordance with Section 395 of the German Stock Corporation Act, if the conditions under which Articles 275 and 276 of the German Stock Corporation Act have been met are subject to the application of the Annulment can be made. The same shall apply to a limited liability company registered in the Commercial Register, provided that the conditions under which, in accordance with Articles 75 and 76 of the Act concerning companies with limited liability, are met, the conditions are fulfilled. An action for annulment may be levied as well as for a cooperative registered in the register of cooperatives, provided that the conditions under which the action for annulment can be brought under § § 94 and 95 of the Cooperative Act can be brought. Unofficial table of contents

Section 398 deletion of void decisions

A decision of the general meeting or assembly of the shareholders of one of the companies referred to in § 397 and a decision of the General Assembly registered in the register of cooperatives of a general meeting of shareholders in the commercial register of a company In accordance with § 395, a cooperative can be deleted as void if it violates mandatory statutory provisions by its content and if its disposal appears necessary in the public interest. Unofficial table of contents

§ 399 Resolution due to lack of the Articles of Association

(1) If the statutes of a corporation registered in the Commercial Register or a limited partnership on shares does not contain or is one of the provisions essential to the provisions of Section 23 (3) No. 1, 4, 5 or 6 of the German Stock Corporation Act (AktG) No provisions or the provision pursuant to Section 23 (3) (3) of the German Stock Corporation Act (AktG) shall be void, the Register Court shall, on its own account or at the request of the professional bodies, request the Company to change its statutes within a specified period of time, , which resolves the deficiency of the Articles of Association, to register for registration in the Commercial Register or to Omission by objection to the invitation to justify. At the same time, the Court of First Instance must point out that otherwise an unbridled defect within the meaning of paragraph 2 is to be established and that the company is thereby dissolved in accordance with Section 262 (1) (5) or § 289 (2) (2) of the German Stock Corporation Act (AktG). (2) If, within the period laid down in paragraph 1, neither the request is sufficient nor an objection has been made, or a contradiction has been rejected, the Court of First Instance shall determine the deficiency of the Statute. The determination can be associated with the revocation of the appeal. By rejecting the objection, the company shall at the same time be entitled to impose the costs of the opposition proceedings, where this is not unfair. (3) The decision to make a determination pursuant to paragraph 2, a request or a (4) Paragraphs 1 to 3 apply accordingly if the social contract of a company with limited liability entered in the commercial register is one of the companies according to § 3 (1) No. 1 or No. 4 of the Act concerning limited liability companies It does not contain provisions or is void of any of these provisions or the provision in accordance with Section 3 (1) (3) of the Law on Companies with Limited Liability.

Subsection 4
Supplementary rules for the register of associations

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Section 400 Duty of notification

The court has to notify the registration of an association or a change in the statutes of the competent administrative authority, if there are indications that it is an association of foreigners or an organisational establishment of a foreign association in accordance with § § 14 and 15 of the Association Act. Unofficial table of contents

Section 401 Withdrawal of legal capacity

The decision to revoke the legal capacity of an association according to § 73 of the Civil Code will only be effective with legal force.

Section 4
Corporate procedures

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§ 402 Anfechtbarkeit

(1) The decision of the Court of First Instance, which decides on applications pursuant to Section 375, shall be subject to the appeal. (2) A challenge to the decision, by which a request pursuant to Section 11 of the Inland Waterway Act or § 595 (2) of the Act The provisions of the German Commercial Code, the German Stock Corporation Act and the Law on Civil Law on the complaint remain unaffected. Unofficial table of contents

Section 403 Refusal of the Dispacheurs

(1) If the Dispacheur disclaims the order of a participant to present the dispache for the reason that a case of the great Haverei is not present, the court decides on the obligation of the Dispacheurs at the request of the participant. (2) The A decision shall be appealed against the complaint. Unofficial table of contents

Section 404 Handing out of documents;

(1) At the request of the Dispacheurs, the court may require a party to hand over to the Dispacheur the documents in his possession, for which he is legally obliged to notify him. (2) The dispacheur is obliged to: To grant him access to the dispache and, on request, to grant him a copy against reimbursement of the costs. Unofficial table of contents

§ 405 Date; charge

(1) Each party shall be entitled to request an oral hearing on the dispache made by the Dispacheur to the General Court. (2) If a request is made for oral proceedings, the court has to collect the dispache and its documents from the dispacheur and, if so, if: (3) The charge shall contain the indication that, if the invited person does not have the invitation to do so by the date of the date of the invitation, the applicant shall not be able to make any such request. appears to be contrary to the dispache to the court, its Agreement with the Dispache is accepted. In the summons, it should be noted that the dispache and its documents can be viewed at the office. (4) The time period between the summons and the date must be at least two weeks. (5) The court considers a completion of the charge. the documentation of the dispache is necessary, it shall arrange the contribution of the necessary supporting documents. Section 404 (1) shall apply accordingly. Unofficial table of contents

Section 406 Procedure in time

(1) If an objection against the dispache is not filed in the date and one is not registered before, the court has to confirm the dispache to the parties involved in the proceedings. (2) If there is a contradiction, have the Parties whose rights will be affected by it shall be declared. If the objection is recognized as well founded or otherwise an agreement is reached, the dispache shall be adjusted accordingly. If the contradiction does not take place, the dispache is to be confirmed in so far as it is not affected by the contradiction. (3) If the objection affects the rights of a party not published in the appointment, it is assumed that: that this does not recognise the opposition as well founded. Unofficial table of contents

§ 407 Persecution of the Appeal

(1) Insofar as a contradiction is not dealt with in accordance with Section 406 (2), the opposing party shall pursue him by collecting the action against those involved in the proceedings whose rights are affected by the objection. § § 878 and 879 of the Code of Civil Procedure shall be applied in accordance with the proviso that the court may extend the time-limit for the collection of the action to a party on his application if there are substantial grounds for believing, and that the court must: the point of execution of the distribution plan shall be the confirmation of the dispache. (2) If the opposition is carried out by final judgment or in any other way, the dispache shall be confirmed after, if necessary, by the local court after The payment of objections has been corrected. Unofficial table of contents

Section 408 Complaint

(1) The decision, which rejects a request for court proceedings pursuant to § 405, decides on the confirmation of the dispache or a party is obliged to publish documents in accordance with § 404, shall be subject to the Appeal. (2) objections to the dispache which are to be asserted by means of objection cannot be claimed with the appeal. Unofficial table of contents

§ 409 Effectiveness; Enforcement

(1) The confirmation of the dispache is only effective in relation to the mutual relationship between the parties involved in the proceedings. (2) The confirmation decision shall take effect only with legal force. (3) For claims on the issue of the enforcement clause as well as for lawmaking, The Court of First Instance is responsible for the objections raised against the claims established in the dispache, or which are contested as a result of the granting of the enforcement clause as having occurred, the Court of First Instance is responsible for the Dispache confirmed. If the claim does not belong to the local courts, the proceedings are to be brought up by the competent regional court.

Book 6
Procedures in other matters of voluntary jurisdiction

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Section 410 Other matters of voluntary jurisdiction

Other matters of voluntary jurisdiction are:
1.
the submission of an oath of insurance not to be declared before the Enforcement Court, in accordance with Articles 259, 260, 2028 and 2057 of the Civil Code,
2.
the appointment, insult and questioning of the expert in cases where, in accordance with the provisions of civil law, a person is able to determine the condition or value of a case by an expert,
3.
the appointment of the depositary in the cases of § § 432, 1217, 1281 and 2039 of the Civil Code as well as the determination of the remuneration claimed by him and his expenses,
4.
a different nature of the mortgage sale in the case of § 1246 (2) of the Civil Code.
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Section 411 Local competence

(1) The court in which the obligation to provide information, for accounting or for the presentation of the register is to be fulfilled shall be the jurisdiction of the court in proceedings pursuant to § 410 No. 1. If the resident has his or her residence or stay in the country, he/she may issue the insurance before the local court of residence or place of stay. (2) In proceedings pursuant to § 410 No. 2, the court in whose district is the This is a matter. The jurisdiction of another local court may be justified by an express agreement of the person concerned with the matter. (3) In proceedings pursuant to § 410 No. 3, the court in whose district the case has jurisdiction is the jurisdiction of the court. (4) The court in whose district the deposit is kept shall be in charge of proceedings pursuant to § 410 No. 4. Unofficial table of contents

§ 412 Participants

To be added, the following are to be added:
1.
in proceedings pursuant to Section 410 (1), the person who is obliged to make the affictitious insurance and the person entitled to make the payment;
2.
in proceedings pursuant to Section 410 (2), the person to be appointed to the expert, and the opponent, where such a person is present;
3.
in the cases of § § 432, 1281 and 2039 of the Civil Code, in the cases of § § 432, 1281 and 2039 of the Civil Code, the person who is to be appointed to the Verwahrer, in the case of Section 1217 of the Civil Code, also of the Pfandgcreditor and in a procedure relating to the fixing of the remuneration and the costs of the depositary, the creditor and the creditors;
4.
in proceedings pursuant to § 410 No. 4 of the proprietor, the pledge creditor and anyone whose right would be extinguish by a divestment of the pledge.
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§ 413 Statutory Insurance

In proceedings pursuant to § 410 No. 1, both the pledged and the beneficiaries may apply for the surrender of the afficionary insurance. The court has to order the personal appearance of the pledge. § § 478 to 480 and 483 of the Code of Civil Procedure shall apply accordingly. Unofficial table of contents

Section 414 Indisputable

The decision to grant the application in proceedings pursuant to Section 410 (2) shall not be countervailable.

Book 7
Procedures in deprivation of liberty

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Section 415 Freedom of deprivation

(1) Freedom of deprivation is proceedings concerning the deprivation of liberty ordered by federal law, insofar as the proceedings are not governed by law by way of exception. (2) A deprivation of liberty is present if a person is against their will or in the state of willenessness, in particular in a closed facility, such as a detention room or a closed part of a hospital, deprived of freedom. Unofficial table of contents

Section 416 Local competence

The court, in whose district the person who is to be deprived of freedom, has his habitual residence, otherwise the court in whose district the need for deprivation of liberty is created. If the person is already in custody of a completed institution, the court in whose district the institution is located is responsible. Unofficial table of contents

Section 417 Request

(1) The deprivation of liberty may be ordered by the court only at the request of the competent administrative authority. (2) The application shall be justified. The explanatory statement shall contain the following facts:
1.
the identity of the person concerned,
2.
the habitual residence of the person concerned,
3.
the necessity of deprivation of liberty,
4.
the required duration of deprivation of liberty, and
5.
in the case of deportation, deportation and rejection, the obligation to leave the person concerned as well as the conditions and the feasibility of deportation, deportation and rejection.
The Authority shall submit the file of the person concerned in proceedings of the expulsion detention with the application. Unofficial table of contents

Section 418 Participants

(1) The person who is to be deprived of the liberty (person concerned) and the administrative authority who submitted the request for deprivation of liberty are to be involved. (2) The procedural brainchild shall be referred by his appointment as a party to the proceedings. (3) may be involved in the interest of the person concerned
1.
the spouse or partner, if the spouse or life partner is not permanently separated, and his/her parents and children, if the person concerned lives with him or has lived in the course of the initiation of the proceedings, the foster parents and
2.
a person named by him of his trust.
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Section 419 Procedure

(1) The court has to appoint a procedural provider to the person concerned if this is necessary for the performance of his or her interests. The order is in particular necessary if the person concerned is to be heard from a hearing. (2) The appointment of a procedural liable shall be left or revoked if the interests of the person concerned are to be held by a lawyer (3) The order shall end if it is not repealed in advance, with the legal force of the decision on deprivation of liberty or with the other conclusion of the procedure. (4) The appointment of a procedural liable or repeal thereof and the Rejection of such a measure cannot be challenged on its own. (5) § 277 applies accordingly for the remuneration and the reimbursement of the proceedings of the procedural provider. No costs are to be paid to the process flea. Unofficial table of contents

Section 420 Consultation;

(1) The court has to consult the person concerned in person before the order of deprivation of liberty. If he does not appear at the hearing date, his immediate performance may be ordered by way of derogation from § 33 (3). (2) The personal interview of the person concerned may not be held if, according to a medical opinion, there are significant disadvantages for his or her health or if he/she is in a position to consult the person concerned. (3) The court has to listen to the other parties involved. The hearing may not be heard if it is not possible without significant delay or without disproportionate costs. (4) The deprivation of liberty in a completed part of a hospital may only be carried out after a medical examination has been heard. Experts shall be arranged. The Administrative Authority, which has submitted the request for deprivation of liberty, shall attach a medical opinion to its application. Unofficial table of contents

Section 421 Content of the decision-making formula

The decision-making formula for the order of deprivation of liberty also includes
1.
the more detailed description of the deprivation of liberty and
2.
the date on which the deprivation of liberty ends.
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Section 422 Reaction of decisions

(1) The decision by which a deprivation of liberty is ordered shall be effective with legal force. (2) The court may order the immediate effectiveness of the decision. In such a case, it shall take effect if the decision and the order of immediate effect
1.
to the person concerned, to the competent administrative authority or to the proceedings of the proceedings, or
2.
the office of the Court of First Instance shall be handed over for the purpose of the announcement.
The date of immediate effectiveness shall be noted in the decision. (3) The decision to arrange a deprivation of liberty shall be carried out by the competent administrative authority. (4) Rejection detention (§ 15 of the § 62a of the Act of Residence Act (Residence Act) or deportation detention (§ 62 of the Residence Act) by means of mutual assistance in prisons of justice shall apply in accordance with § § 171, 173 to 175 and 178 (3) of the Penitential Act, as far as § 62a of the Act of Residence Act The Residence Act for the deportation detention is not intended to deviate from the law. Unofficial table of contents

Section 423 Abvision of the announcement

The notification of the reasons for a decision to the person concerned may be waited if, according to a medical certificate, this is necessary in order to avoid significant disadvantages for his or her health. Unofficial table of contents

Section 424 Suspension of the enforcement

(1) The Court of First Instance may suspend the enforcement of the deprivation of liberty. It has to consult the managing authority and the head of the institution beforehand. For suspensions up to one week, no decision by the court is required. The suspension may be subject to conditions. (2) The court may withdraw the suspension if the person concerned does not comply with a condition or if his condition so requires. Unofficial table of contents

Section 425 Duration and extension of the deprivation of liberty

(1) In the decision establishing a deprivation of liberty, a time limit for deprivation of liberty shall be determined up to the maximum period of one year, unless, in another law, a shorter maximum period of deprivation of liberty shall be determined. (2) If the extension of the deprivation of liberty is not ordered by a judicial decision within the time limit, the person concerned shall be released. The court must be informed of the release. (3) For the extension of the deprivation of liberty, the provisions relating to the first-time arrangement shall apply accordingly. Unofficial table of contents

Section 426 Repeal

(1) The decision by which a deprivation of liberty shall be ordered shall be cancelled before the expiry of the period laid down in accordance with section 425 (1) of its own motion if the reason for the deprivation of liberty has been omitted. The court must consult the competent administrative authority prior to the annulment. (2) The parties may request the removal of the deprivation of liberty. The Court of First Instance shall decide on the application by decision. Unofficial table of contents

Section 427 Inauguration

(1) The court may order a provisional deprivation of liberty by an interim order if there are urgent grounds for believing that the conditions for the order of deprivation of liberty are met and that there is an urgent need for immediate action. The temporary deprivation of liberty may not exceed the duration of six weeks. (2) In the event of danger in default, the court may order an interim order prior to the personal hearing of the person concerned and before the appointment and hearing of the person concerned. The procedural authorities shall immediately be able to make the necessary steps to obtain the procedural acts. Unofficial table of contents

Section 428 Administrative measure; judicial review

(1) In the case of any administrative measure which constitutes a deprivation of liberty and is not based on a judicial order, the competent administrative authority shall immediately bring about the judicial decision. If the deprivation of liberty is not ordered by the judicial decision until the end of the following day, the person concerned shall be released. (2) If a measure is challenged by the managing authority in accordance with the first sentence of paragraph 1, it shall also be subject to the judicial proceedings in accordance with the provisions of this book. Unofficial table of contents

Section 429 Supplementary provisions relating to the complaint

(1) The right of appeal shall be the responsibility of the competent authority. (2) The right of appeal shall be in the interest of the person concerned
1.
whose spouses or life partners, if the spouses or life partners do not live permanently separately, and their parents and children, if the person concerned lives with them or has lived in the initiation of the proceedings, the foster parents, and
2.
a person appointed by him, of his trust
(4) If the person concerned is already in a completed institution, the appeal may also be lodged with the court, in the case of the court or tribunal in which the complaint is lodged. (3) whose district is the institution. Unofficial table of contents

§ 430 swap-out rate

If a request by the managing authority is rejected or withdrawn for deprivation of liberty and the procedure has shown that a reasonable reason for the position of the application has not been submitted, the court shall have the expositions of the person concerned, insofar as they are concerned. Appropriate legal proceedings were necessary to impose on the body to which the managing authority belongs. Unofficial table of contents

Section 431 Notification of decisions

§ § 308 and 311 apply accordingly for notifications of decisions, whereby the managing authority shall be replaced by the supervisor. The cancellation of a deprivation of liberty pursuant to § 426 sentence 1 and the suspension of her enforcement pursuant to § 424 (1) sentence 1 shall be communicated to the head of the completed institution in which the person concerned is located. Unofficial table of contents

Section 432 Notification of relatives

The court shall immediately notify a family of the person concerned or a person of his trust from the order of deprivation of liberty and the extension thereof.

Book 8
Procedures in bid cases

Section 1
General procedural rules

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Section 433 Bid Matters

Cases are subject to procedures in which the Court of First Instance publicly requests the application of claims or rights, with the effect that the omission of the application results in a legal disadvantage; they can only be found in the law determined by law. Cases instead. Unofficial table of contents

Section 434 Application; contents of the offer

(1) The bid procedure shall be initiated only upon request. (2) If the application is admissible, the court shall issue the bid. In particular, the following shall be included in the bid:
1.
the name of the applicant;
2.
the request to register the rights and rights of the court at a given date (date of notification);
3.
the name of the legal disadvantages which occur if the application is not registered.
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Section 435 Public notice

(1) The public notice of the offer shall be made by means of a notice on the court panel and by a one-off publication in the Federal Gazette, if the law has not taken a different order for the case in question. The public notice may be issued in an electronic information and communication system, which is open to the public in court. (2) The court may order the offer in addition to the extension of the court. other way. Unofficial table of contents

Section 436 Validity of the public notice

It shall not affect the validity of the public notice if the document has been removed from the judicial panel or the document from the information and communication system too early or if, in the case of repeated publication, the document has been published the mandatory interim periods are not complied with. Unofficial table of contents

Section 437 Deadline for rebates

A period between the date on which the bid is first published in an information and communication system or in the Federal Gazette, and the date of notification, if the law does not contain a different order, (time limit) of at least six weeks. Unofficial table of contents

§ 438 Registration after the date of notification

A notification which takes place after the date of notification but before the conclusion of the exclusion decision shall be deemed to be in good time. Unofficial table of contents

Section 439 Decree of the exclusion decision; complaint; re-establishment and resumption

(1) Prior to the adoption of the exclusion decision, a closer investigation, in particular the assurance of the truth of an allegation by the applicant, may be ordered. (2) The final decision in the case of a bid shall not be taken until the end of the decision. (3) Paragraph 61 (1) shall not apply. (4) The provisions on reinstatement shall apply with the proviso that the period after which the reinstatement may no longer be applied for or may be granted shall be different from the date of application of the provisions of the of § 18 (3) shall be five years. The provisions on resumption shall apply with the proviso that the collection of the claims shall be undue after the expiry of ten years from the date of the decision of the decision to close the action. Unofficial table of contents

Section 440 Impact of a notification

In the case of a notification which is subject to the right claimed by the applicant in order to justify the application, either the bid procedure shall be suspended until the final decision on the notified right has been made or in the Exclusive decision to reserve the registered right. Unofficial table of contents

Section 441 Public service of the exclusion decision

The exclusive decision shall be made public. § § 186, 187, 188 of the Code of Civil Procedure shall apply mutas to the implementation of the public service.

Section 2
Offer of the owner of land, ships and shipbuilding

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Section 442 Bid of the owner of the property; local jurisdiction

(1) The following special provisions apply to the bid procedure for the exclusion of the owner of a property in accordance with § 927 of the Civil Code. (2) The court in whose district the property is situated is in charge of the local authority. Unofficial table of contents

§ 443 Application-authorized

The person who has the property in possession of the property since the time specified in § 927 of the Civil Code is entitled to apply for the application. Unofficial table of contents

§ 444 Credibility

The applicant shall make the facts necessary to justify the application in a credible way prior to the initiation of the proceedings. Unofficial table of contents

Section 445 Content of the offer

In the bid, the previous owner must be asked to declare his right at the latest at the time of registration, if his exclusion will take place in the event of an adverse event. Unofficial table of contents

§ 446 Offer of the owner of the ship

(1) For the opening-up procedure for the exclusion of the owner of a registered ship or ship building in accordance with § 6 of the Law on Rights of Registered Ships and Shipyards (BGBl. III 403-4), § § 443 to 445 apply. (2) Local authority is the court in which the register for the ship or ship's structure is conducted.

Section 3
Offer of the creditor of basic and shipping rights as well as of the beneficiaries of other rights in rem

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§ 447 Offer of the creditor of the Basic Pfandelier; local jurisdiction

(1) The following special provisions shall apply to the bid procedure for the exclusion of a mortgage, basic debt or pension creditor pursuant to sections 1170 and 1171 of the Civil Code. (2) Local authority is the Court in whose district the burdened property is situated. Unofficial table of contents

Section 448 Eligible

(1) The owner of the affected property is entitled to apply. (2) In the case of § 1170 of the Civil Code, a creditor in the rank of equal or impending creditor is also entitled, in his favour, a preliminary note according to § 1179 of the German Code of Civil Code. A civil code is registered or is a claim according to § 1179a of the Civil Code. In addition, in the case of a total mortgage, total debt or total debt, the person entitled to claim the right to claim satisfaction from any of the land under the burden of a right or the following right shall be entitled to a claim for a total income. The right of application shall exist only if the creditor or the other person entitled to his claim has obtained a enforceable debt. Unofficial table of contents

§ 449 Credibility

Before the initiation of the proceedings, the applicant shall make it credible that the creditor is not known. Unofficial table of contents

§ 450 Special Credibility

(1) In the case of § 1170 of the Civil Code, before the initiation of the proceedings, the applicant shall also make it credible that a recognition of the creditor's right to be excluded is not effected. (2) Is the mortgage for the claim arising from a debt description on the holder, or the basic debt or pension certificate issued on the holder, has to be made credible by the applicant that the debt or the letter to the end of the in § § 801 of the Civil Code did not submit the deadline and the claim was not has been brought to court. If the presentation or the judicial assertion is made, the credibility liability prescribed in paragraph 1 shall be required. (3) In the cases referred to in paragraphs 1, 2, the applicant's insurance shall be taken to the credibility of the applicant's oath. This does not affect the court's right to order any other investigation of its own motion. (4) In the bid, the legal disadvantage is to threaten that the creditor is excluded with his right. (5) If the offer on request is made, the right to in accordance with § 448 (2), the owner of the property shall be notified of his/her own motion. Unofficial table of contents

Section 451 Procedure for exclusion by means of deposit

(1) In the case of § 1171 of the Civil Code, before the initiation of the proceedings the applicant shall offer the deposit of the amount due to the creditor. (2) In the bid shall be deemed to be a legal disadvantage that the creditor shall, according to the deposit of the amount due to him may require his satisfaction, instead of from the property, only from the amount deposited and his right to redeeming him if he does not depart from the expiry of 30 years after the date of the adoption of the Exclusive decision at the filing office. (3) Hang the due date of the claim (4) The exclusion decision must not be issued until the deposit has been made. Unofficial table of contents

Section 452 Offer of the ship's mortgage creditor; local jurisdiction

(1) For the bid procedure for the exclusion of a ship's mortgage creditor pursuant to § § 66 and 67 of the Law on Rights of Registered Ships and Shipyards (BGBl. III 403-4), § § 448 to 451 apply accordingly. In place of § § 1170, 1171 and 1179 of the Civil Code, § § 66, 67, 58 of the aforementioned Act are to be applied. (2) Local authority is the court at which the register for the ship or ship's structure is conducted. Unofficial table of contents

§ 453 Offer of the righthold in the case of prenotice, pre-emption law, reallast

(1) The provisions of § 447 (2), § 448 (1), § § 449, 450 (1) to (4) and § § 451, 452 shall apply in accordance with the procedure for the uprising to the statutory provisions of § § 887, 1104, 1112 of the Civil Code, § 13 of the Law on Rights Registered ships and shipbuilders (BGBl. III, 403-4) for the pre-booking, the right of pre-emption and the reallast specific exclusion of the authorized person. (2) The right of application is also entitled to claim satisfaction from the property or the ship on the basis of a right or following right in the range or ship building, if it has obtained a fully enforceable debt for its claim. The offer shall be notified to the owner of the land or ship or ship's construction work on its own account.

Section 4
Offer of estate creditors

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Section 454 Readmission of creditors; local jurisdiction

(1) The following special provisions apply to the bid procedure for the exclusion of estate creditors on the basis of § 1970 of the Civil Code. (2) Local authority is the Local Court, which is responsible for the affairs of the Succession courts are to be found. If these matters are transferred to a competent authority other than a local court, the district court in whose district the estate agency has its registered office shall be the competent authority. Unofficial table of contents

Section 455 eligible for application

(1) Each heir shall be entitled to apply if he is not liable for the liabilities of the estate without limitation. (2) The application shall also be entitled to a repatriate, administrator of the estate and a executor of the executor, if they are responsible for the administration of the (3) The inheritance and the executor of the executors may submit the application only after the acceptance of the inheritance. Unofficial table of contents

Section 456 List of estate creditors

The application shall be accompanied by a list of the known creditor creditors, indicating their place of residence. Unofficial table of contents

§ 457 Reproduction of insolvency proceedings

(1) The bid shall not be issued if the opening of the estate insolvency proceedings is requested. (2) The opening of the succession proceedings shall terminate the bid procedure. Unofficial table of contents

Section 458 Content of the Bid; Deadline for rebates

(1) In the bid, the estate creditors who do not report are likely to be regarded as a legal disadvantage that they can only demand satisfaction from the heir to the extent that the non-excluded creditors are still satisfied with a surplus ; the right to be taken into account before the liabilities arising from the right to participate, legacies and obligations shall remain unaffected. (2) The period of rebates shall not exceed six months. Unofficial table of contents

Section 459 Request for Forderers

(1) In the notification of a claim, the subject matter and the reason for the claim shall be indicated. Documentary evidence shall be included in the original or transcript of documents. (2) The Court of First Instance shall allow the notification of the notifications to anyone who makes a legitimate interest in the law. Unofficial table of contents

§ 460 majority of heirs

(1) If there are several heirs, the application submitted by an heir and the decision of exclusion brought by him shall also be granted to the other heirs; the provisions of the Civil Code shall remain in force on unlimited liability unaffected. As a legal disadvantage, the creditors who do not report are also to be threatened that any heir after the division of the estate is liable only for the part of the liability corresponding to his inheritance. (2) The offer with threat of the paragraph 1 sentence 2 of a certain legal disadvantage may be requested by any heir even if he is liable for unlimited liability in respect of the liabilities of the heirs. Unofficial table of contents

§ 461 succession of succession

In the case of succession, Section 460 (1) sentence 1 shall apply mutagenic to the former and to the afterheirs. Unofficial table of contents

Section 462

(1) A discount to the total good of the goods community can be used by both the spouse, the heir and the spouse, who is not a heir, but who administers the general good alone or with his/her spouse, who apply for the bid, without that the consent of the other spouse is required. The spouse shall retain this power if the goods community ends. (2) The application submitted by a spouse and the decision of exclusion brought by him shall also be granted to the other spouse. (3) The provisions of paragraphs 1 and 2 shall apply Life Partnerships. Unofficial table of contents

§ 463 Succession of inheritance

(1) If the heir has sold the inheritance, both the buyer and the heir can apply for the bid. Without prejudice to the provisions of the Civil Code on unlimited liability, the application and the exclusion decision made by the one part shall also apply to the other part. (2) These provisions shall apply in accordance with the provisions of the Treaty establishing the European Community, where a person sells an inheritance acquired by contract or has undertaken to sell an inheritance acquired or otherwise acquired by him in any other way. Unofficial table of contents

Section 464 Offer of the total creditors

§ 454 (2) and § § 455 to 459, 462 and 463 must be applied in accordance with § 1489 (2) and § 1970 of the Civil Code in the case of the continued community of the goods to be used for the opening-up procedure for the exclusion of the entire creditors.

Section 5
Shipping of the ship's creditors

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§ 465 Ships of the ship's creditors

(1) The following paragraphs shall apply to the bid procedure for the exclusion of ships ' creditors pursuant to § 110 of the Inland Waterway Act. (2) Local authority is the court in whose district the home port or the home of the Unless the ship is entered in the register of ships, the application may not be made until the sale of the ship has been registered. (4) The applicant shall have the requirements of the ship ' s creditors known to him. (5) The deadline must be at least three months. (6) In the The ship's creditors, who do not report, shall be offered a legal disadvantage that their pleas will be extinguished if their claims are not known to the applicant.

Section 6
Offer for the declaration of force of documents

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Section 466 Local competence

(1) The court of law in whose district the place of performance referred to in the document is situated shall be the competent authority for the bid-up procedure. If the document does not contain such a name, the court is responsible for the local court in which the exhibitor has its general place of jurisdiction and, in the absence of such a court, the one at which the exhibitor at the time of the exhibition is the general place of jurisdiction. (2) If the document is issued via a law registered in the land register, the court of the matter shall be the sole competent authority. (3) If the bid is made by a person other than that under this provision, the local court, the list shall also be determined by the to make the judicial panel or recruitment publicly known in the information system of the latter court. Unofficial table of contents

Section 467 Eligible

(1) In the case of papers which may be transferred to the holder or which may be transferred by indossment and are provided with a blank covenant, the previous holder of the paper or destroyed paper shall have the right to do so by the bid procedure (2) In the case of other documents, the person entitled to submit the application shall be entitled to claim the right from the document. Unofficial table of contents

Section 468 Application justification

The applicant shall have the reasons for the application
1.
to teach a copy of the document or to indicate the essential content of the document and all that is necessary for its full recognition;
2.
to make credible the loss of the instrument and the facts on which its authority depends on the application of the bid procedure, and
3.
to offer the assurance of the truth of its information on oath.
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Section 469 Content of the offer

In the bid, the holder of the document shall be required to declare his/her rights to the court until the date of registration and to present the document. The legal disadvantage is that the document will be declared powerless. Unofficial table of contents

Section 470 Supplementary notice in special cases

Where the bid concerns a paper on the holder and is noted in the document or in the provisions under which the necessary State authorisation has been granted, the public notice shall be published by: whereas certain other leaves must be made, the notice must also be made by publication in these sheets. The same shall apply in the case of debt securities issued by a German country or former State, if the public notice is required by law by certain sheets. In addition, the public notice may be published in an electronic information and communication system designated by the Court of Notices. Unofficial table of contents

Section 471 Securities with interest rates

(1) In the case of securities issued from time to time interest, pension or profit-sharing certificates, the date of registration shall be determined in such a way as to ensure that, by the date, the first of a series of securities issued since the time of the credible loss is has become due for interest in interest, pensions or profits and has expired six months since its due date. (2) Before the conclusion of the exclusion decision, the applicant has a certificate issued after the expiry of this six-month period. to attach to the authority concerned, to the cash register or to the institution that the certificate has been The time of the credibly made loss was not presented to it for issuing new bills, and that the new bills were not issued to a person other than the applicant. Unofficial table of contents

§ 472 Interest notes for more than four years

(1) In the case of securities for which interest, pension or profit-sharing certificates are last issued for a longer period of time than four years, it is sufficient if the date of registration is determined in such a way that, by then, since the time of the crediting Losses of the last issued bills have become due for four years and have expired since the maturity of the last of the same six months. Certificates for periods of time for which no interest, pensions or profit shares are paid shall not be considered. (2) Before the conclusion of the decision, the applicant has issued a certificate of the to the competent authority, cash register or institution concerned that the bills which have become due for the designated four years and later have not been submitted to it by a person other than the applicant. If, in the period since the opening of the bid, the issuing of new bills has taken place, the certificate must also contain the information referred to in § 471 (2). Unofficial table of contents

Section 473 Curation of the interest notes

§ § 470 and 471 shall not be applied in so far as the interest, pension or profit-sharing certificates, the maturity of which must have occurred in accordance with these provisions, shall be submitted by the applicant. The presentation of the bills shall be the same if the certificate of the authority, cash register or institution concerned is taught that the bills which have become due have been submitted to it by the applicant. Unofficial table of contents

Section 474 Expired issue of interest notes

In the case of securities for which interest, pension or profit-sharing certificates are issued but are no longer issued, the date of registration shall be determined in such a way that, until then, six months have elapsed since the maturity of the last year issued. ; this shall not apply if the conditions of § § 471 and 472 are fulfilled. Unofficial table of contents

Section 475 Registration date for certain maturity

If a period of decay is indicated in a school certificate, which has not yet occurred in the Federal Gazette at the time of the first publication of the offer, and if the conditions of § § 471 to 474 are not fulfilled, the date of notification shall be so determine that six months have elapsed since the expiration date. Unofficial table of contents

Section 476 Deadline for rebates

The time limit shall not exceed one year. Unofficial table of contents

Section 477 Registration of rights

If, prior to the adoption of the exclusion decision, the holder of the document reports his rights under the act of the instrument, the court shall notify the applicant thereof and, within a period to be determined, give the applicant the opportunity to: to enter the document and to give an opinion. Unofficial table of contents

Section 478 exclusion decision

(1) The final decision shall be declared without force in the final decision. (2) The exclusion decision shall be made known to its essential content after publication in the Federal Gazette. § 470 applies accordingly. (3) In the same way, the decision taken on a complaint shall be made known as far as the declaration of power is cancelled by it. Unofficial table of contents

Section 479 The effect of the exclusion decision

(1) The person who has obtained the decision of exclusion shall be entitled to claim the rights from the document by the document. (2) If the exclusion decision is removed in the appeal proceedings, the on the basis of the decision on the exclusion from the pledge, third parties, in particular the appellant, are also effective, unless the pledge at the time of performance is the annulment of the exclusion decision has been known. Unofficial table of contents

§ 480 Payment lock

(1) In the event that the bid procedure is intended to include the declaration of force of a paper on the holder, the Court of First Instance shall, at the request of the issuer and the paying agencies designated in the document and the applicant designated by the applicant, adopt the prohibition, to the holder of the paper, to bring about a performance, in particular to issue new interest, pension or profit share certificates or a renewal certificate (payment lock). The prohibition shall be linked to the notification of the initiation of the bid procedure. The prohibition is to be made public in the same way as the offer. (2) A decision, which rejects the application for the cancellation of a payment ban, is subject to the immediate appeal in the appropriate application of § § 567 to 572 of the Code of Civil Procedure. (3) The prohibition issued to the Issuer is also effective vis-à-vis the paying agencies, which are not referred to in the paper. (4) The redemption of interest, pension or profit-sharing certificates issued before the prohibition is not affected by the ban. Unofficial table of contents

§ 481 Disability of the testimony in accordance with § 471 (2)

If the payment lock is arranged before interest, pension or profit-sharing certificates have been issued since the credibly made loss, the provision of the certificate required by section 471 (2) shall not be required. Unofficial table of contents

Section 482 Waiver of the payment lock

(1) Where the document in loss is submitted to the Court of First Instance or if the bid procedure is carried out without the adoption of a decision on the closure of the document, the insolvency proceedings shall be repealed by its own motion. The same shall apply where the payment lock has been placed before the opening of the bid procedure and the initiation is not requested within six months of the removal of the obstacle to which it is subject. If the bid or the payment lock has been made public, the execution of the proceedings or the cancellation of the payment ban shall be made public by the Federal Gazette. (2) If the paper is presented, the Only after the applicant has been granted the right of access in accordance with § 477. (3) The decision by which the payment block is cancelled shall be filed with the immediate appeal in the appropriate application of § § 567 up to 572 of the Code of Civil Procedure. Unofficial table of contents

§ 483 Hinkende bearer documents

§ § 466 (3), § § 470 and 478 (2) sentence 2 as well as § § 480 to 482 apply accordingly to the method of upsetting the declaration of power of a document of the kind referred to in § 808 of the Civil Code. The laws of the country may be adopted by publication of the bid and the notices prescribed in § 478 (2), (3) and in § § 480, 482 as well as the time limit for the period of rebates. Unofficial table of contents

Section 484 Subject to national legislation

(1) On the basis of § § 887, 927, 1104, 1112, 1162, 1170, 1171 of the Civil Code, § 110 of the Inland Waterway Act, § § 6, 13, 66, 67 of the Law on Rights of Registered Ships and Shipyards (BGBl. III 403-4) and § § 13, 66, 67 of the Act on the Rights of Aircraft, the laws of the state may determine the type of publication of the bid and the exclusion decision, as well as the time limit for the opening of the bid, other than in § § 435, 437 and 441 (2) In the case of a bid which takes place pursuant to Section 1162 of the Civil Code, the laws of the country may be the type of publication of the offer, the exclusion decision and the decision referred to in § 478 (2) and (3) , as well as the period of rebates, may also be determined in a different way than in § § 470, 475, 476 and 478 is mandatory.

Book 9
Final provisions

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§ 485 Relationship with other laws

Article 1 (2) and Articles 2 and 50 of the Introductory Act to the Civil Code shall be applied accordingly. Unofficial table of contents

§ 486 Regional law reservations; supplementary and implementing provisions

(1) In so far as the Introductory Act to the Civil Code reserves the right to legal territories of the Land Law, this reservation shall also apply to the corresponding procedural provisions, insofar as they are the subject of this Act. (2) By Land Law , provisions may be adopted to supplement and implement this Act, including the necessary transitional provisions. This shall also apply in so far as there are no reservations for the country's legislation. Unofficial table of contents

§ 487 Reaction of the estate; dispute of a community of goods

(1) The provisions of national law shall remain unaffected,
1.
where the succession court has to mediate the examination of an act of its own motion if it has not been effected within a specified time limit;
2.
after which other competent judicial authorities are responsible for the duties assigned to the local courts in accordance with Article 373 (2);
3.
in the case of Baden-Württemberg, in the cases of § 363 instead of the notaries or in addition to these other places, mediate the dispute;
4.
relating to the procedure in the cases referred to in point 3.
(2) § § 365 to 372 shall apply to the dispute referred to in paragraph 1 (1). Unofficial table of contents

Section 488 Procedure before national authorities

(1) If other authorities are responsible for the matters referred to in § § 1 and 363 according to the law of the Land, the provisions of Book 1 shall apply with the exception of § § 6, 15 (2), § § 25, 41 (1) and § 46 also for these authorities. (2) As In accordance with § 5, the court which is the next higher court for the local courts in whose district the authorities have their head office shall apply to the next higher court. It can be determined by the Land Law that, if the authorities in the district of the same district court have their registered office, that court is responsible for this as the next highest court. (3) The provisions of the Law on the Judicial Constitution on the The court language, the agreement with the court and the legal assistance shall be applied accordingly. The obligation of the courts to provide legal assistance shall remain unaffected. Unofficial table of contents

Section 489 Legal remedy

(1) In the case of the matters referred to in § 1 according to the law of the State in lieu of the courts authorities, it may be determined by Land Law that for the amendment of a decision of that authority the Local Court is responsible, in the latter District shall be the seat of the Authority. § § 59 to 69 are to be applied accordingly. (2) The appeal shall be brought against the decision of the local court. Unofficial table of contents

§ 490 State-of-law bid procedure

The laws of the country may, in the case of a bid whose admissibility is based on national legislation, exclude the application of the provisions relating to the bid procedure or replace these provisions with other provisions. Unofficial table of contents

Section 491 Regional legal reservations concerning procedures for the declaration of force of documents

This is without prejudice to the statutory provisions governing the bid procedure for the purpose of the declaration of force of debt securities issued to the holder of a German country or state or a member of the State or a member of the State The body, foundation or institution of public law, or for the payment of which a German country or former state has assumed liability, a particular district court is declared exclusively responsible. If the bid is intended to make the declaration of force of a document of the type referred to in § 808 of the Civil Code, the first sentence shall apply mutatily. Unofficial table of contents

Section 492 Applicable provisions in the case of notaries

(1) Where a notary is employed in proceedings pursuant to § 342 (2) (1) instead of the Local Court, the rules applicable to the Local Court shall be applied mutatis-ly. The notary shall carry out the duties of the judge, the right-holder and the official of the office of the office. The office is the business premises of the notary. Instead of judicial staff, the bailier is acting. The public service approved by the notary shall be executed at the latter's request by the District Court, in whose district the registered office of the notary is located. (2) Is against the decision of the notary after the general In the case of a legal remedy, the reminder shall be held at the notary within the time limit applicable to the appeal. The notary can help the memory. He presents reminders, which he does not help, to the district court, in whose district his official residence is located. Moreover, the provisions relating to the appeal are to be applied in accordance with the provisions of this Act. (3) Provisions, decisions or certificates of the notary which have become effective in accordance with the provisions of this Act and which cannot be amended any more; can not be countered with the memory. Unofficial table of contents

Section 493 Transitional provision

For until the entry into force of the Law for the Transfer of Tasks in the Area of Voluntary Jurisdiction on notaries of 26 June 2013 (BGBl. I p. 1800) on 1 September 2013, disputes in accordance with § § 363 to 373 shall apply to the Act on the Procedure in Family Matters and in the matters of voluntary jurisdiction in the version to which it applies.