Land Book Order

Unofficial table of contents

GBO

Date of completion: 24.03.1897

Full quote:

" Basic Regulations in the version of the Notice of 26 May 1994 (BGBl. I p. 1114), most recently by Article 6 of the Law of 29 June 2015 (BGBl. 1042).

Status:	New by Bek. v. 26.5.1994 I 1114;
	Last amended by Art. 6 G v. 29.6.2015 I 1042

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1978 + + +) 

  

First section
General provisions

Unofficial table of contents

§ 1

(1) The basic books, which can also be run as a loseleaf land register, are conducted by the local courts (land register offices). These are responsible for the land located in their district. The deviating provisions of § § 149 and 150 for Baden-Württemberg and the area referred to in Article 3 of the agreement remain unaffected. (2) If a plot of land is located in the district of several land register offices, then the responsible basic buchamp according to § 5 of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction. (3) The State Governments are authorized, by means of a decree law, to conduct the Basic Book of a Local Court for the District Court if this is faster and more rational, Basic accounting serves. The Federal Ministry of Justice is authorized to comply with the provisions of the German Federal Ministry of Justice, which requires the approval of the Federal Council, the more detailed rules on the the establishment and management of the basic books, the mortgage, basic debt and pensions letters and the copies from the land register and the basic texts, as well as the consultation and the procedure for the elimination of a double booking; . It may also regulate the extent to which changes in a land register resulting from the provisions of the regulation are to be communicated to the parties and to the authority which carries out the official list referred to in Article 2 (2). Unofficial table of contents

§ 2

(1) The land registers are to be set up for counties. (2) The land plots are named in the land register according to the official lists established in the countries (property register). (3) A part of a property may only be written off by the land register. if it is listed in the official register under a special number or if the authority responsible for managing the official register certifies that it is subject to the reservation under a special number, because the Part of the plot with an adjacent lot or part of it (4) dropped away (5) Unofficial table of contents

§ 3

(1) Each property is given a special place in the land register (basic book sheet). The basic book is to be considered for the land as the land register in the sense of the Civil Code. (2) The land of the federal, state, local and other communal associations, churches, monasteries and schools, the watercourses, the (3) A land is at the request of the owner, and the land which is dedicated to a railway undertaking used for public transport shall be given a land register only at the request of the owner or a person entitled to the public transport. to withdraw from the land register if the owner, in accordance with paragraph 2, of the (4) The Land Registry may, unless there is any confusion or substantial gravity of the legal system or the law of the Member State, be exempt from registration and registration which affects the owner's right. To obtain a general ledger, if the land is intended to serve the economic purposes of a number of other land plots, from the guidance of a basic book for a plot of land, to those in a corresponding provision corresponding to that provision, the spatial relationship and the co-ownership of the owners of these land (5) In this case, in place of the whole property, the individual co-ownership shares in the land serving the owner must be placed on the land on the land register of the property belonging to the individual owner. are entered. This entry shall be considered as a land register for the individual co-ownership part. (6) The reservation referred to in paragraphs 4 and 5 shall also be permitted if the land concerned still belongs to an owner, but the owner of the reservation is the division of ownership of the property. Land in co-owned parts and their assignment to the prevailing land has been declared against the land registry; the division becomes effective with the booking pursuant to paragraph 5. (7) If the co-ownership shares are new to the serving land , if the conditions set out in paragraph 4 are met, the basic buchamp shall be (8) If the shares in the plot of land are no longer the property of the owners of the existing land, a basic book shall be set up. (9) The serving land as a whole shall be used as a whole. , unless a special basic book is laid down or § 48 is applicable, it must be made clear in all the basic book pages involved that the serving land is subject to a burden; the remaining part of the land is subject to the rest of the basic book. To refer to the entry. Unofficial table of contents

§ 4

(1) A general ledger can be kept on several plots of the same owner, whose land registers are run by the same land registry, as long as this is not caused by confusion. (2) The same shall apply if the Land belonging to a court within the meaning of the court order, or in a similar way connected with one another by national law or national law, even if their basic books are run by different land register offices. In these cases, if it is a court, the Land Registry is responsible for the land register, which carries the land register through the Court's office; otherwise, the competent Land Registry is in accordance with § 5 of the Law on the Procedure in Family Matters and in the To determine matters of voluntary jurisdiction. Unofficial table of contents

§ 5

(1) A plot of land shall only be combined with another property if there is no confusion of this kind. An association shall not be held in particular if the land at the time of unification is subject to the following conditions:

1.

with different basic rights or real loads, or

2.

with the same basic rights or real loads in different ranking.

If the basic books are kept by different land register offices, the competent Land Registry is to be determined in accordance with § 5 of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction. (2) Association shall be located in the district of the same Land Registry and the same body responsible for the management of the official register pursuant to Article 2 (2) (2), and shall be directly adjacent to each other. It is only necessary to deviate from these requirements if there is a considerable need to do so, in particular because of the togetherness of construction plants and ancesthood. The location of the plots of land can be verified by reference to the official list. The considerable need is to be credibly made; § 29 does not apply.

Footnote

Section 5 (2) sentence 2 italics: should be right "exists" Unofficial table of contents

§ 6

(1) A plot of land shall only be attributed to another property as an integral part if there is no confusion. Where the basic registers are kept by different land register offices, the Land Registry shall be responsible for the decision on the application for registration and, if the application is accepted, for the management of the basic book on the whole property, (2) § 5 (1), second sentence, and paragraph 2 shall apply accordingly. Unofficial table of contents

§ 6a

(1) Without prejudice to the second sentence, the application for the registration of an inheritance law on several land or property rights shall only be complied with if the conditions of § 5 (2) sentence 1 are met with regard to the land to be burdened. These requirements should only be deviated if the land to be burdened is close to one another and either the inheritance law is to be divided into residential or partial building rights or the subject-matter of the inheritance law is a uniform one. Construction works or a building with associated ancesuits are on the land to be loaded; § 5 (2) sentence 3 shall apply. In addition, the conditions set out in the second sentence must be made credible; § 29 shall not apply. (2) The application for the registration of an inheritance law shall not be complied with if the inheritance law applies both to a plot of land and to another Inheritance law is to be ordered. Unofficial table of contents

§ 7

(1) If a part of the property is to be debited with a right, it must be written off the property and enter it as an independent property. (2) If the right is a serviceability, the depreciation may not be allowed if there is confusion is not to be obtained. In this case, a certified extract from the official card issued by the authority responsible for the management of the property register shall be presented, in which the loaded part of the land is marked. The presentation of such a withdrawal is not necessary if the part of the land in the property register is registered under a special number. (3) The national governments are authorized to determine by means of a legal regulation that the (2) to be submitted from the official card of the certification, if the extract is manufactured by machine and sufficient protection against the submission of not produced or falsified by the competent authority. Excerctions. The first sentence shall apply in respect of other cases in which information is to be transmitted from the official register to the Land Registry. The state governments can transfer the authorization to the Land Justice Administrations by means of a legal regulation. Unofficial table of contents

§ 8

(dropped) Unofficial table of contents

§ 9

(1) Rights to be granted to the respective owner of a property shall also be noted on the basis of the application on the sheet of that land. The right to apply is the owner of the property as well as anyone whose consent is required pursuant to § 876 sentence 2 of the Civil Code to repeal the right. (2) The endorsement shall be corrected by officialif the law changes or (3) The registration of the endorsement (paragraph 1) shall be made clear on the basis of its own motion on the sheet of the loaded land. Unofficial table of contents

§ 10

(1) Basic books and documents on which a registration is based or referred to has to keep the land registry permanently. A document in accordance with the first sentence may only be issued if a certified copy remains with the basic office instead of the document. (2) The Federal Ministry of Justice shall be authorized by means of a decree law which requires the approval of the Federal Council, to determine that, instead of a certified copy of the document, a reference to the other files shall be sufficient if one of the documents referred to in paragraph 1 is contained in other acts of the local court leading the Land Registry. (3) (omitted) (4) (dropped) Unofficial table of contents

§ 10a

(1) Closed basic books may be retained as a reproduction on an image carrier or on other data carriers, if it is ensured that the reproduction or the data can be made legible within a reasonable period of time. The State Justice Administrations determine the date and extent of this type of storage and the details of the implementation by general administrative order. (2) In the production of the image or other data carriers, a written Proof that the reproduction is consistent with the original of the basic book. If the original has any colour entries which are not recognizable as such in the reproduction, this must be stated in the written proof. The originals of the closed basic books can be singled out. (3) By means of a legal decree of the Federal Ministry of Justice with the consent of the Bundesrat, it can be provided that for the guidance of the basic book no longer required, at the Basic documents can be singled out. Which documents are these and under which conditions they can be separated shall be determined in the legal regulation according to sentence 1. Unofficial table of contents

§ 11

Registration in the land register is not out of the question for the reason that the person who brought them out is excluded from the participation of the law. Unofficial table of contents

§ 12

(1) The review of the basic book shall be permitted to any person who shall present a legitimate interest. The same shall apply from documents to which reference is made in the land register to supplement an entry and to the applications not yet completed. (2) Insofar as the view of the general ledger, the documents referred to in paragraph 1, and the documents referred to in paragraph 1, are not covered by the document. (3) The Federal Ministry of Justice may, with the consent of the Federal Council, determine by means of a decree law that the Federal Ministry of Justice shall determine that the application of the document shall be subject to the request of the Federal Council.

1.

in addition to paragraphs 1 and 2, access to other documents relating to the land register may be permitted and copies thereof may be required;

2.

in the case of public authorities, it may be waiver of the legitimate interest, and in the case of persons who are justified on the basis of their duties or their activities.

(4) A protocol is to be carried out on insights into basic books and basic markets, as well as on the issuing of copies from basic books and basic markets. The owner of the land concerned or the owner of the same right shall, on request, be provided with information from this Protocol, unless the disclosure would jeopardise the success of criminal investigations. The protocol may be destroyed after two years. Logging is not required if the inspection or transcript is granted to the person entitled to the right of information in accordance with the second sentence.

Footnote

(+ + + § 12 para. 4: For the application in Baden-Württemberg, see Section 149 (3) + + +) Unofficial table of contents

§ 12a

(1) The land register offices may also set up a list of the owners and the land and, with the permission of the Land Justice Administration, to establish further lists necessary for the guidance of the land register and, in the form of a machine, also to be carried out. There is no obligation to keep these directories up-to-date; there is no liability in the case of inaccurate information. Information shall be provided from publicly accessible lists of this type, to the extent that such a list serves for the purpose of finding out the basic documents, for inspection in the land register or for the application for the issuing of copies. is required and the conditions for the insight into the land register are given. Under the conditions laid down in § 12, information from directories according to sentence 1 may also be granted, if the insight into the land register is therefore to be taken into account. Domestic courts, authorities and notaries may also be granted access to the relevant part of the list. A right to issue copies from the list does not exist. § 126 (2) and § 133 (2) apply mutagenic to machine-guided directories. (2) As a list within the meaning of paragraph 1, the Liegenschaftskataster may also be used with the permission of the State Justice Department. (3) About insights into The lists referred to in paragraph 1, or the issuing of information from such directories by which personal data are disclosed, shall be recorded. Section 12 (4) sentences 2 to 4 shall apply accordingly.

Footnote

(+ + + § 12a para. 3: For the application in Baden-Württemberg, see Section 149 (3) + + +) Unofficial table of contents

§ 12b

(1) After the transfer of closed basic books and basic markets to a picture or other data carrier in a procedure in accordance with § 10a (1) and (2), § 128 (3) or § 138 (1), an insight into the basic buchamp can continue to be will no longer be required to store originals. If the originals are kept by a place other than the land registry after their suspension, the inspection shall be determined by national law. (2) As far as the territory referred to in Article 3 of the agreement is concerned, basic markets and previous basic books to be kept by other bodies other than the basic accounting authorities, § 12 shall apply mutatily. Unofficial table of contents

§ 12c

(1) The official of the office of the office shall decide on:

1.

the design of the inspection in the land register or the files and applications referred to in § 12, as well as the issuing of copies thereof, to the extent that it is not desired for scientific or research purposes;

2.

the granting of information pursuant to section 12a or the granting of access to a directory designated therein;

3.

the granting of information in the other cases provided for by law;

4.

applications for the return of documents and dispatch of primary markets to domestic courts or authorities.

(2) The Office of the Office shall also be responsible for:

1.

the authentication of copies (paragraph 1 (1)), even in so far as the decision to grant is not available to him; however, a judicial officer authorised by the administration of the local court may, instead of the documentary official, make the authentication;

2.

the orders and entries for the maintenance of the conformity between the land register and the official register in accordance with Article 2 (2) or any other directory, with the exception of the dispositions and entries, which are in connection with this at the same time concern a correction of a legal nature or a correction of an error of ownership;

3.

the decisions on the request of the Court of First Instance to register or delete the note concerning the opening of the insolvency proceedings and the restrictions on disposal in accordance with the insolvency order or of the notice of initiation of proceedings Compulsory forerunning and compulsory administrative procedures;

3a.

the decisions concerning requests for registration and cancellation of notification of registration in accordance with Section 30b (1) of the Assets Act;

4.

the rectification of the registration of the name, profession or place of residence of natural persons in the land register;

5.

the production of the evidence in accordance with Section 10a (2).

(3) The provisions of § 6 of the Law on the Procedure in Family Matters and in the matters of Voluntary Jurisdiction shall apply mutaficily to the documents of the Office of the Office. Acts of the Office of the Office of the Office of the Office shall not be ineffective for the reason that they have been carried out by an official who has been incompetent or excluded from the performance of his duties by law. (4) Where the official If a decision of the official of the office is required, it shall decide, if it does not comply with the request, the person responsible for the management of the general ledger. The appeal shall not take place until its decision. (5) In the cases referred to in Article 12b (2), the authority of the body or a staff appointed by it shall decide whether to grant access to, or issue copies of, copies. The decision is made in accordance with the fourth section. The court in whose district the site is situated is the court of jurisdiction.

Second section
Entry into the land register

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§ 13

(1) An entry shall only be made on request, unless the law prescries otherwise. Any person whose right is to be affected by the registration or whose right to register is to be registered is entitled to apply. (2) The exact date in which an application is received by the Land Registry shall be noted on the application. The application has been received by the Land Registry if it is submitted to a person responsible for receiving the goods. (3) In order to receive an application or request for registration, and to assess the date in which the application is made, the applicant shall be informed of the date on which such a person is entitled to receive a copy of the document. or if the request is received by the Land Registry, only the person responsible for the management of the land register relating to the property concerned and the official appointed by the management of the General Court for the entire Land Registry or individual departments shall be (employees) responsible for the office. Where the application or the request relates to a number of plots of land in different business areas of the same Land Registry, each of them shall be responsible under the terms of the first sentence of paragraph 1. Unofficial table of contents

§ 14

The correction of the basic book by the registration of a person entitled shall also be requested by the person who may, on the basis of a title enforceable against the person entitled to the calculation, require registration in the land register, provided that the admissibility of such a title is not this entry depends on the pre-correction of the basic book. Unofficial table of contents

§ 15

(1) In the case of the registration and other declarations required for registration and issued in a public or publicly certified form, the parties may also be represented by persons who do not In accordance with Section 10 (2) of the Act on the Procedure in Family Matters and in the matters of voluntary jurisdiction, are authorized to represent them. This also applies to the receipt of registration notifications and orders of the Land Registry pursuant to § 18. (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 by name to apply for registration of an eligible person. Unofficial table of contents

§ 16

(1) A request for registration of which a reservation is made subject to a reservation shall not be granted. (2) If several entries are requested, it may be determined by the applicant that the one registration does not apply without the other shall be given. Unofficial table of contents

§ 17

Where a request is made for a number of entries which affect the same right, the subsequent application for registration may not be made before the earlier application has been made. Unofficial table of contents

§ 18

(1) If an obstacle is impeded, the Land Registry shall either reject the request, stating the reasons, or determine a reasonable period of time for the applicant to raise the obstacle. In the latter case, the application must be rejected after the expiry of the period if the obstacle has not been established in the meantime. (2) An application for registration other than that affected by the same right is requested prior to the application of the application. , in favour of the earlier application, the application shall be entered on the ground of a notice or a contradiction; the registration shall be deemed to have been completed within the meaning of Section 17. The notice or opposition shall be erased by its own motion if the earlier application is rejected. Unofficial table of contents

§ 19

An entry shall be made where the person concerned is granted the right to be affected. Unofficial table of contents

§ 20

In the event of a site being released as well as in the case of ordering, changing the content or transfer of an inheritance law, the registration may only be made if the required agreement of the beneficiary and of the other part is declared. Unofficial table of contents

Section 21

Where a right which is affected by the registration is entitled to the respective owner of a land, it shall be subject to the authorization of the persons whose consent is required in accordance with the second sentence of Article 876 of the Civil Code to repeal the right , only if the right is recorded on the sheet of the land. Unofficial table of contents

Section 22

(1) In order to rectify the basic book, the authorization in accordance with § 19 shall not be required if the incorrectness is proved. This applies in particular to the registration or deletion of a restriction of disposal. (2) The correction of the basic book by the registration of an owner or an estate owner may, unless the case of § 14 is present or the inaccuracy , only with the consent of the owner or the heirloth of the inheritance. Unofficial table of contents

Section 23

(1) A right which is limited to the life of the person entitled shall, after his death, in the event that any arrears of benefits are not excluded, be deleted only with the consent of the legal successor if the deletion is carried out before the expiry of a year after the death of the person entitled, or if the legal successor has objected to the erasure at the land registry; the objection must be entered into the land register by its own authority. If the person entitled is declared dead, the one-year period shall begin with the remission of the judgment issuing the declaration of death. (2) The authorization of the successor to the legal successor provided for in paragraph 1 shall not be required if it is registered in the land register that: for the deletion of the right of proof of death of the person entitled to death. Unofficial table of contents

§ 24

The provisions of § 23 shall apply mutaly if the right is issued with the attainment of a specific age of the entitled person or with the occurrence of any other specific date or event. Unofficial table of contents

Section 25

If a notice or a contradiction is registered on the basis of a temporary inversion, it shall not be required for the deletion of the authorization of the entitled person if the inconsant disposition is cancelled by a enforceable decision. This provision shall apply mutably if, on the basis of a provisionally enforceable judgment under the provisions of the Code of Civil Procedure or on the basis of an act, a notice or opposition is entered in accordance with the law on the property of property. is. Unofficial table of contents

Section 26

(1) If the transfer of a mortgage, a basic debt or a pension debt, via which a letter is issued, is to be registered, it is sufficient if the declaration of assignment of the previous creditor is submitted instead of the registration authorization. (2) Provision shall be made accordingly where a burden on the mortgage, the basic debt or the pension liability, or the transfer or debit of a claim for which a registered right is liable to be registered, should be registered. Unofficial table of contents

§ 27

A mortgage, a basic debt or a pension debt may only be deleted with the consent of the owner of the property. For the deletion of the correction of the basic book, consent is not required if the inaccuracy is proved. Unofficial table of contents

§ 28

In the application for the application or, where such an application is not required, in the application for entry, the property is to be designated in accordance with the land register or by reference to the land register. Monetary amounts to be entered are to be disclosed in domestic currency; by means of a legal regulation of the Federal Ministry of Justice in agreement with the Federal Ministry of Finance, it may be stated in a single European currency, in the currency of a Member State of the European Union or of the European Economic Area or any other currency against which monetary policy concerns are not to be raised, and, if the continued duration of that authorisation is not Concerns exist, be restricted again. Unofficial table of contents

§ 29

(1) An entry shall be made only if the registration or other declarations required for the registration are provided by public or publicly certified documents. Other conditions of registration require, insofar as they do not appear in the land registry, the proof by public documents. (2) (omitted) (3) Declarations or requests of an authority, on the basis of which an entry is made shall be signed and marked with seal or stamp. Unofficial table of contents

§ 29a

The requirements of § 1179 No. 2 of the Civil Code are to be made credible; § 29 does not apply. Unofficial table of contents

§ 30

In the case of the application for registration and for the power of atonement for the position of such a person, the provisions of § 29 shall apply only if the application at the same time is intended to replace a declaration required for the registration. Unofficial table of contents

Section 31

A declaration, by which an application for application is withdrawn, requires the form prescribed in § 29 (1) sentence 1 and (3). This shall not apply if the request is made for the correction of the basic book. The first sentence shall apply in respect of a declaration which shall revoke a power of atonement granted in respect of the position of the application for registration. Unofficial table of contents

Section 32

(1) The rights of representation registered in the Register of Trade, Cooperatives, Partnerships or Associations, changes in the seat, company or name changes and the existence of legal persons and companies may be provided by a Certified in accordance with § 21 (1) of the Federal Code of NotarCode. The same shall apply to other legal circumstances arising from entries in the register, in particular for the conversion. Proof may also be provided by an official register printout or a certified copy of the register. (2) In the cases referred to in the first sentence of paragraph 1, the register may also be recorded electronically by the reference to the document. Registers are kept. The register court and the register sheet shall be indicated. Unofficial table of contents

§ 33

(1) The proof that there is a separation of goods or a contractual right of goods between spouses or life partners, or that an object belongs to the goods subject to the reservation of a spouse or partner, can be provided by a certificate from the Court of First Instance on the (2) If the Land Registry is at the same time the register court, the reference to the register shall be taken instead of the certificate referred to in paragraph 1. Unofficial table of contents

Section 34

A representation power granted by legal business can also be proved by a certificate according to § 21 (3) of the Bundesnotarordnung (Bundesnotarordnung). Unofficial table of contents

§ 35

(1) The evidence of succession can only be demonstrated by a certificate of inheritance. However, if the succession is based on a disposition of death which is contained in a public document, it shall be sufficient if, in place of the certificate of inheritance, the publication and the minutes of the opening of the order are submitted; the land registry does not provide evidence of succession through these documents, it may require the presentation of a certificate of inheritance. (2) The existence of the continued community of goods as well as the authority of a executor of a executor shall be made available via a The subject of the remission shall only be subject to the provisions of § § 1507, 2368 of the Civil (3) In order to register the owner or co-owner, the rules laid down in the second sentence of paragraph 1 shall apply mutafically to the evidence of the authority of the executor of the executor. of a property, the Land Registry may depart from the evidence referred to in paragraphs 1 and 2 and be satisfied with other evidence, for which the form of § 29 is not required, if the property or the share of the property is worth less than 3,000 euros and the procurement of the certificate or certificate is § 1507 of the Civil Code is only possible at a disproportionate cost or effort. The applicant may also be admitted to the insurance in lieu of Eides. Unofficial table of contents

§ 36

(1) If one of the parties concerned is to be registered as an owner or heirloh of a property belonging to the estate or to the total good of a community of goods, it shall be sufficient to provide proof of succession and of the succession of the rights of succession. Registration of the transfer of ownership required declarations by the parties concerned a judicial certificate. The Certificate issued

1.

the estate court, if the property or the inheritance law belongs to a estate,

2.

the district court competent in accordance with Section 343 of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction, if a share of the total good is part of a estate; and

3.

Moreover, the Local Court, which is competent in accordance with Section 122 of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction.

(2) The certificate may only be issued if:

a)

the conditions for the issuing of a certificate of succession are fulfilled or the proof of the goods community is provided by public documents; and

b)

the submission of the declarations by the parties concerned in a manner corresponding to the provisions of the basic accounting system to the court competent pursuant to the second sentence of paragraph 1.

(2a) Where a certificate of succession has been issued concerning the succession of all heirs or a witness to the continuation of the goods community, the notary who conveyed the dispute shall also be responsible for issuing the certificate referred to in the first sentence of paragraph 1 (3) The rules on jurisdiction to receive the authorisation shall remain unaffected. Unofficial table of contents

Section 37

The provisions of Section 36 shall apply mutatily if, in the case of a mortgage, basic debt or pension liability, which is part of a succession or to the total good of a community of goods, one of the parties concerned shall be registered as a new creditor. Unofficial table of contents

§ 38

In cases where, according to the law, an authority is empowered to request the land registry to be registered, the registration shall take place on the basis of the request of the authority. Unofficial table of contents

§ 39

(1) An entry shall be made only if the person whose right is affected by it is registered as the person entitled to the registration. (2) In the case of a mortgage, basic debt or pension debt, via which a letter is issued, the registration of the person concerned shall be subject to the registration of the person concerned. Creditor shall be the same if it is in the possession of the letter and proves its creditors ' right in accordance with Section 1155 of the Civil Code. Unofficial table of contents

§ 40

(1) If the person whose right is affected by an entry is heir to the registered holder, the provision of section 39 (1) shall not apply if the transfer or the repeal of the right is to be registered or if the The application for registration shall be justified by the approval of the deceased or a repairer or by a title enforceable against the deceased or the estate owner. (2) The same shall apply in respect of an entry on the basis of the authorization of a the executor of the executor or on the basis of a title which is enforceable against the said executor, provided that: the authorization or the title shall be effective against the heir. Unofficial table of contents

Section 41

(1) In the case of a mortgage on which a letter is issued, an entry shall only be made if the letter is submitted. For the registration of an objection, the presentation shall not be required if the registration is ordered by a preliminary inversion and the contradiction is based on the fact that the mortgage or the claim for which it is appointed does not The mortgage is not properly registered or an objection is under way. The presentation of the letter does not require the registration of a deletion notice in accordance with § 1179 of the Civil Code. (2) The consideration of the mortgage briefs is the same if in the cases of § § 1162, 1170, 1171 of the Civil Code the decision to issue a new letter is requested by the decision-making decision. If the issue of the letter is to be subsequently excluded or the mortgage is to be deleted, it is sufficient to specify the decision-making judgment. Unofficial table of contents

§ 42

The provisions of Section 41 shall apply accordingly to the basic debt and to the pension liability. However, if the right for the holder of the letter is registered, the presentation of the letter shall not be required unless the application for registration by the authorization of a representative appointed in accordance with Section 1189 of the Civil Code or by an application for a letter of registration is not required. is justified by a court decision adopted against him. Unofficial table of contents

Section 43

(1) In the case of a mortgage for the claim from a debtor to the holder, from a change or other paper which may be transferred by Indossament, an entry shall only be made if the document is presented; the (2) This provision shall not apply if an entry is issued on the basis of the authorization of a representative appointed in accordance with Section 1189 of the Civil Code or on the basis of a promulgated against the latter. shall be brought about by judicial decision. Unofficial table of contents

Section 44

(1) Each registration shall indicate the date on which it has been effected. In so far as it is not in accordance with Section 12c (2) No.2 to 4 of the documents of the original documents of the Office, the registration shall be the person responsible for the conduct of the general ledger, regularly indicating the text of the text, and the official of the document shall be the person responsible for the registration. It must be signed by both, but a judicial officer authorised by the administration of the local court may, instead of the official, sign a judicial officer. In the cases of Section 12c (2) No. 2 to (4), the official of the office and in addition, either a second official of the office or a judicial officer authorised by the administration of the local court, have the registration 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 (2) Unless otherwise provided by law, and the extent of the burden remains discernable from the land register, the registration of a law with which a property is subject shall refer to the application for registration shall be taken. In this connection, the name of the notary, the notary or the name of the notary, and the number of the original role, the name of the requesting body and its file number should be given in the case of entries on the basis of a request (§ 38). shall be specified. In the registration of serviceability and real loads, the content of the right in the text of the entry is to be described only in the form of an impact word; the same is true for the registration of a notice for such rights. (3) In the case of the rewriting of a Basic book, the recasting of part of a basic book and, in other cases, the transfer of entries to another basic book which has already been applied or is to be reapplied, provided that this does not contain the content of the registration. , the reference to the application or other documents shall be amended up to , to the extent permitted by paragraph 2, or to be extended to the extent permitted. To the same extent, reference may be made to the previous registration if a right has so far been entered with its full text in the land register. Insofar as this does not alter the content of the registration, the original text of the registration may also be dismissed. Unofficial table of contents

§ 45

(1) If several entries are to be made in one of the sections of the basic book, they shall be given the order in which the time sequence of applications is followed; if the applications are submitted at the same time, the general ledger shall state that the entries shall be made up of the following: (2) If several entries which are not applied for at the same time have been effected in different departments, indicating the same day, it must be noted in the land register that the later application for registration of the earlier requested in the (3) These provisions shall not be applied in so far as a The rank ratio is not defined, or the rank ratio is different from the applicants. Unofficial table of contents

Section 46

(1) The deletion of a right or a disposal restriction shall be effected by the registration of a cancellation notice. (2) If a registered right is not transferred to another sheet in the case of the transfer of a property or a piece of land to another sheet, the , it shall be deemed to have been deleted when the land or the part of the land is viewed. Unofficial table of contents

§ 47

(1) If a right is to be registered in a Community, the registration shall be effected in such a way that either the shares of the beneficiaries are given in fractions or the legal relationship applicable to the Community (2) If a right is to be registered for a company of civil law, its members shall also be entered in the land register. The rules applicable to the person concerned shall apply in accordance with the shareholders. Unofficial table of contents

§ 48

(1) Where a number of plots are subject to a right, the burden of the others shall be indicated on the sheet of each land by the other. The same applies if another property is subsequently loaded with a right existing on a property or if, in the case of the transfer of a land part, a registered right is transferred to another basic book. (2) As far as a burden is heard, this is to be noted ex officia. Unofficial table of contents

§ 49

Where serviceability and real loads are registered as bodywork, bodybreeding, part-part or excerpt, it is not necessary to describe the individual rights when reference is made to the application for registration. Unofficial table of contents

§ 50

(1) In the case of the registration of a mortgage in the case of partial debentures on the holder, it is sufficient for the total amount of the mortgage to be registered, stating the number, the amount and the name of the parts. (2) This provision shall be made according to the following: if a basic debt or a pension debt is to be registered for the holder of the letter and the right to a part is to be disassembled. Unofficial table of contents

Section 51

In the case of the registration of a heir, the right of the heir and, in so far as the pre-heir is exempt from the restrictions on his right to dispose of it, shall also be entitled to the exemption from its own motion. Unofficial table of contents

Section 52

Where a executor is appointed, this shall be included in the registration of the heir of his or her own motion, unless the subject-matter of the succession shall not be subject to the administration of the executor. Unofficial table of contents

Section 53

(1) It is established that the Land Registry has, in breach of statutory provisions, entered into an entry in which the land register has become inaccurate, a contradiction shall be entered in the form of an official notice. If an entry in accordance with its content proves to be inadmissible, it must be deleted from its own motion. (2) In the case of a mortgage, a basic debt or a pension debt, it is not necessary to register an objection to the presentation of the letter if the letter of the letter of the letter of the letter of the letter of the letter of the letter of the Opposition to the content referred to in Article 41 (1) sentence 2. This provision shall not apply where the basic debt or pensions certificate has been issued to the holder. Unofficial table of contents

§ 54

The public expense on a property as such shall be excluded from registration in the land register, unless it is legally permitted or ordered by law. Unofficial table of contents

§ 55

(1) Each registration shall be made known to the notary, the applicant and the registered owner, as well as to all persons who are apparent from the land register for which the registration has been effected or the law of which the registration has been carried out by it is affected, the registration of an owner also to those for whom a mortgage, basic debt, pension debt, reallast or a right to such a right is entered in the land register. (2) If a plot of land is in co-ownership, the provisions of paragraph 1 shall be Prior notice to the owner only in relation to the co-owners , the proportion of which the registration relates to. The same applies to co-ownership for the notice required in paragraph 1 to a mortgage creditor or any other person entitled to the registration of an owner. (3) Changes in the land name of the land, and the registration of an owner shall also be notified to the authority which carries out the official list referred to in Article 2 (2). (4) The registration of the waiver of the property shall be the registration of the declaration of appropriation and of the property for which the owner of the property is responsible for the registration of the property. the management of the authority responsible for the property register. In the cases referred to in Article 233 (15) (3) of the Introductory Act to the Civil Code, the notice shall be made only with respect to the Landesfiskus and the municipality in whose territory the property is situated; the municipality shall inform the public of known Entitled or creditor. (5) If the endorsement provided for in § 9 (1) is registered, the land registry shall make known to the Land Registry, which guides the sheet of the land subject to the burden. If the endorsement is entered, the Land Registry which carries out the basic book of the land subject to it has to disclose any modification or cancellation of the right to the Land Registry of the dominant property. (6) The notice has the following: To be recorded literally. It should also indicate the location of the registration in the land register and the name of the owner of the property, and, in the event of a change of ownership, also the name of the previous owner. The notice may also include the name of the land concerned in the official list referred to in Article 2 (2) and, in the event of a change of ownership, the address of the new owner. (7) The contract notice may be published. (8) Other provisions relating to the publication of entries in the land register shall remain unaffected. Unofficial table of contents

§ 55a

(1) If a document received by the Land Registry contains any requests or requests for which another Land Registry is responsible for the execution of the document in addition to the previous Land Registry, or if several other Land Registry Offices are responsible, each document may be (2) If, in the case of total rights (§ 48), the basic books are kept at different land register offices, the entries and the orders are kept, which is rejected by an application or request for registration, to other land registry offices involved. Unofficial table of contents

§ 55b

To the extent that the Land Registry has to make communications to courts or authorities or other bodies under the legislation relating to land register, the person concerned must not be informed. The same shall apply in the case of § 55a.

Third Section
Mortgage, basic debt, pension debt

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§ 56

(1) The mortgage letter shall be issued by the Land Registry Office. It must contain the name as a mortgage letter, the amount of money of the mortgage and the burdened property, and must be signed and stamped or stamped. (2) The mortgage letter is from the one for the management of the basic book to the competent person and to the official of the office. However, instead of the official of the office, a judicial officer authorised by the administration of the local court may sign the office of the office. Unofficial table of contents

Section 57

(1) The mortgage letter shall contain the number of the basic book and the contents of the entries relating to the mortgage. The loaded property shall be referred to as the serial number, which shall be listed in the inventory of the basic book. In the case of the mortgage in accordance with § 1179 of the Civil Code, it is not intended to include in the mortgage letter. (2) Change the information referred to in the first sentence of paragraph 1 and 2, the mortgage letter shall be on request in so far as the supplement is not to be carried out in accordance with other provisions. Unofficial table of contents

Section 58

(1) If a document is issued on the claim for which a mortgage exists, the document shall be linked to the mortgage letter. If the content of the document also extends to other matters, it is sufficient if a publicly certified extract from the document is connected to the mortgage letter. (2) (omitted) (3) To prove that a school certificate is not , a statement by the owner shall be sufficient. Unofficial table of contents

§ 59

(1) Only a mortgage letter is to be issued via a total mortgage. It is to be signed only by a person responsible for the conduct of the basic book and by an official of the office or authorised judicial staff (Section 56 (2)), even if, in the case of the burdened land, (2) If the basic books of the loaded land are run by different land register offices, each office shall give a special letter for the land whose land records it carries; the letters are to each other. Unofficial table of contents

§ 60

(1) The mortgage letter shall be the owner of the property, in the case of subsequent granting of the mortgage to the creditor. (2) The provision of the first sentence of § 29 (1) shall be based on a deviating provision of the owner or the creditor. , Unofficial table of contents

Section 61

(1) A sub-mortgage letter may be produced by the Land Registry or a notary. (2) The partial mortgage letter must be the term as a partial mortgage letter and a certified copy of the information provided for in Article 56 (1) sentence 2 of the to include the partial amount of the mortgage to which he refers, and be provided with signature and seal or stamp. It shall also contain a certified copy of the other details of the previous letter and of the endorsements contained in the letter. A school certificate associated with the previous letter is to be linked in certified copy with the partial mortgage letter. (3) If the partial mortgage letter is made by the land registry, then the signature is to be applied to the signature § 56 para. 2. (4) The Preparation of the partial mortgage letter is to be noted on the previous letter. Unofficial table of contents

Section 62

(1) In the case of the mortgage, entries shall be entered in the mortgage letter and the endorsement shall be marked with signature and seal or stamp. Sentence 1 shall not apply to the registration of a notice of deletion in accordance with § 1179 of the Civil Code. (2) The signature is to be applied to § 56 para. 2. (3) In the cases of § 53 (1) the Basic Buchamp has the owner of the letter for consideration. shall be held. In the same way, if in the cases of § 41 (1) sentence 2 and section 53 (2) of the letter the letter is not submitted, it has to be filed in order to subsequently note the opposition on the letter. Unofficial table of contents

§ 63

If, after the issue of a mortgage briefs with the mortgage, another property which has been booked for the same basic office is debited, unless the issuing of a new letter on the total mortgage is requested, the amount of the co-loading shall be: on the previous letter and, at the same time, to supplement the contents of the letter in the form of the other land according to § 57. Unofficial table of contents

Section 64

In the case of the distribution of a total mortgage on the individual plots, a new letter shall be issued for each plot. Unofficial table of contents

Section 65

(1) If, pursuant to Section 1177 (1) or § 1198 of the Civil Code, a basic debt or a pension debt is to be found in the place of the mortgage, the registration of the legal amendment shall, unless the issue of a new letter is requested, be applied to: (2) The same applies if, according to § 1180 of the Civil Code, another demand is placed in the place of the claim for which there is a mortgage. . Unofficial table of contents

Section 66

Where a creditor has several mortgages which are of equal rank or who are in direct succession, he shall, on his request with the consent of the owner, give a mortgage letter through the several mortgages in such a way that: the letter covers all the mortgages. Unofficial table of contents

Section 67

A request by the person entitled to issue a new letter shall be accepted if the previous letter or in the cases of § § 1162, 1170, 1171 of the Civil Code of the exclusion decision is submitted. Unofficial table of contents

Section 68

(1) If a new letter is issued, it shall contain the indication that it shall replace the previous letter. (2) Vermerke, pursuant to § § 1140, 1145, 1157 of the Civil Code for the legal relationship between the owner and the Creditors are eligible to be transferred to the new letter. (3) The issue of the letter is to be noted in the land register. Unofficial table of contents

Section 69

If a mortgage is deleted, the letter shall be made unusable; the same shall apply if the issue of the letter is subsequently excluded via a mortgage or a new mortgage letter, an elementary school letter, instead of the letter to date or a retirement debt letter. A school certificate associated with the previous letter is to be separated and, if it is not to be connected to the new mortgage letter, to be returned. Unofficial table of contents

Section 70

(1) The provisions of § § 56 to 69 shall apply accordingly to the primary school letter and the pension school letter. The pension plan must also indicate the total amount of the sum. (2) If a basic debt or pension liability registered for the holder of the letter is broken down into parts, then a special letter shall be produced on each part.

Fourth Section
Complaint

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Section 71

(1) The appeal against the decisions of the Land Registry shall be the appeal of the appeal. (2) The appeal against an entry shall be inadmissible. However, in the course of the complaint, it may be required that the Land Registry be instructed to enter a contradiction in accordance with Section 53 or to carry out a deletion. Unofficial table of contents

Section 72

The Oberlandesgericht (Oberlandesgericht) decides on the appeal, in the district of which the Land Registry has its seat. Unofficial table of contents

Section 73

(1) The appeal may be lodged with the Land Registry or the Appeal Court. (2) The appeal shall be lodged by filing a notice of appeal or by declaration on the minutes of the Land Registry Office or the office of the Appeal court. Article 14 (1) to (3) and (5) of the Act on the Procedure in Family Matters and in Family Matters shall apply to the lodging of the complaint by the transmission of an electronic document, the electronic court file and the judicial electronic document. the affairs of the voluntary jurisdiction. Unofficial table of contents

Section 74

The complaint may be based on new facts and evidence. Unofficial table of contents

§ 75

If the Land Registry considers the complaint to be well-founded, it will have to remedy it. Unofficial table of contents

Section 76

(1) The appeal court may, before the decision, issue an injunction, in particular to give up the Land Registry, to enter a notice or a contradiction, or to order that the enforcement of the contested decision (2) The notice or opposition (paragraph 1) shall be erased from its own motion if the appeal is withdrawn or rejected. (3) The appeal shall have suspensive effect only if it is directed against a disposition, by which a penalty payment is fixed. Unofficial table of contents

Section 77

The decision of the appeal court must be reasoned and communicated to the complainant. Unofficial table of contents

Section 78

(1) The appeal is subject to a decision of the Appeal Court if it has allowed the Appeal Court in the decision. (2) The appeal is to be allowed 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 appeal court is bound by the admission. (3) The second sentence of Section 73 (2) of this Act, as well as § § 71 to 74a of the Act on the Procedure in Family Matters and in the Matters of Volunteers, is subject to the further procedure. Jurisdiction in accordance with the applicable law. Unofficial table of contents

§ 79

(dropped) Unofficial table of contents

§ 80

(dropped) Unofficial table of contents

§ 81

(2) The provisions of the Code of Civil Procedure relating to the exclusion and rejection of the court persons are to be applied accordingly. (3) The provision of the Code of Civil Procedure § 44 of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction on the continuation of the proceedings in the event of a violation of the right to be heard shall be applied accordingly. (4) The The Federal Government and the State Governments determine their area by Legal Regulation the date from which electronic files can be sent and electronic documents submitted to court. The Federal Government and the State Governments determine the organisational and technical framework conditions for the education, management and storage of the electronic files and those for the processing of the Documents suitable. The legal regulations of the Federal Government do not require the approval of the Federal Council. The national governments can transfer the appropriations by means of a legal regulation to the Land Justice Administrations. The authorisation of the electronic file and the electronic form may be restricted to individual courts or proceedings.

Fifth Section
Procedure of the Land Registry in special cases

I.
Basic Book Report

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Section 82

If the land register has become inaccurate with regard to the registration of the owner by transfer outside the basic book, the land registry shall be the owner or executor of the executor, who shall be responsible for the management of the land, which shall: -impose an obligation to submit the request for correction of the basic book and to obtain the documents necessary for the correction of the basic book. The basic buchamp is to reset this measure as long as there are legitimate reasons. If a company is registered as the owner of a civil law, the first and second sentences shall apply accordingly if the registration of a shareholder pursuant to Section 47 (2) has become incorrect. Unofficial table of contents

§ 82a

If the conditions of § 82 are fulfilled, but the correction procedure cannot be carried out or if it does not offer any prospect of success, the Land Registry may correct the land register from its own motion. The Land Registry may, in this case, request the Court of Appeal to determine the heir of the owner. Unofficial table of contents

Section 83

The estate court, which has issued a certificate of inheritance or has otherwise determined the heirs, should, if it is known that a property belongs to the estate, make a notice to the responsible land registry of the inheritance and the heirs. If a testament or a contract of succession is opened, the court, if it is known that a property belongs to the estate, shall make a notice to the competent Land Registry of the succession and the persons employed as heirs, insofar as it is aware of the fact that the property is a property of A stay is known to point out that because of the inheritance the land register has become incorrect and which fee-law advantages for a general ledger correction exist.

II.
Deletion of non-objecting entries

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Section 84

(1) The Land Registry may, on its own account, delete an entry in respect of a right in accordance with the following provisions. In the case of debt relief registered on the basis of the law of 1 June 1933 on the settlement of agricultural debt, the first sentence shall apply. (2) An entry shall be subject to the provisions of the following:

a)

in so far as the right to which it relates does not exist and its origin is excluded;

b)

in so far as the right to which it relates cannot be exercised on a permanent basis for actual reasons.

(3) The rights referred to in paragraphs 1 and 2 shall also include provisions, contradictions, restrictions of disposal, expropriation notices and the like. Unofficial table of contents

§ 85

(1) The Land Registry shall, in principle, initiate the procedure for the deletion of any objection in respect of the contrary only if special external circumstances (e.g. rewriting of the basic book due to invisibility, partial disposal or new loading of the (2) The Land Registry decides, at its discretion, to decide whether to initiate the deletion procedure and to determine whether or not to initiate the deletion of the goods. ; this decision shall be indisputable. Unofficial table of contents

§ 86

If a party has proposed the initiation of the deletion procedure, the Land Registry shall give reasons for the decision which rejects the initiation of the proceedings or cedes the procedure initiated. Unofficial table of contents

Section 87

The registration is to be deleted:

a)

if the facts or legal relationships established in a manner corresponding to the requirements of this Act arise, the registration shall be subject to the same conditions;

b)

if the person concerned has been notified of a cancellation notice and he has not lodged an objection within a period of time to be determined by the Land Registry;

c)

if, by a decision to be taken with reason, it is legally established that the registration is subject to the law.

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Section 88

(1) The Land Registry can hold the owners of mortgage, basic debt or retirement debt letters as well as documents of the kind referred to in § § 1154, 1155 of the Civil Code for the consideration of these documents. (2) § 40 (1) and § 41 (1) and 2 of the Law on the Procedure in Family Matters and in the matters of Voluntary Jurisdiction shall apply to the cancellation notice (§ 87 (b)) and the order decision (§ 87 (c)) with the following measures:

a)

Section 184 of the Code of Civil Procedure shall not apply;

b)

the cancellation notice (§ 87 (b)) cannot be delivered to the public;

c)

The decision of the decision (Section 87 (c)) can be made public even if the person of the person who is to be served is not known to him.

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§ 89

(1) The appeal (§ 71) against the decision of the decision must be filed to the appellant within a period of two weeks since the notification of the decision under appeal. The Land Registry and the Board of Appeal may, in special cases, determine in their decision a longer period of time. (2) On the copies of the decisions, which are intended for service, it should be noted whether an appeal against the decision is shall be admissible and with which authority, in what form and within which period it shall be required.

III.
Clarification of the rankings

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§ 90

The Land Registry may, on its own account or at the request of one of the parties, remove any ambiguities and ambiguities in the hierarchy, in particular in the case of amortiation of unclear basic books. Unofficial table of contents

Section 91

(1) Prior to the rewriting of a confusing basic book, the Land Registry has to check whether the ranking is unclear or unclear and that its clarification appears to be appropriate in the circumstances. The Land Registry shall decide on this subject at its discretion. (2) The decision to initiate proceedings shall be notified to all parties concerned. (3) The initiation of proceedings shall be noted in the land register. (4) The decision to submit a request for the introduction of the procedure shall be taken in the following. If the procedure is rejected, only the applicant shall be notified. Unofficial table of contents

§ 92

(1) The procedure shall be as follows:

a)

the owner registered in the land register at the time of the registration of the endorsement (section 91 (3)) and, if the property is burdened with a total mortgage, (-basic debt, debt liability), the owner of the other registered in the land register with this property Fairly burdened land;

b)

persons for whom, in the date specified in point (a), a right of land or a right to a right bearing the property is registered in the land register or is secured by registration;

c)

Persons who register a right to the property or to a right to be subject to the property in the proceedings and to make it credible at the request of the Land Registry or a party concerned.

(2) Participant is not, whose right is not affected by the shunting agreement. Unofficial table of contents

Section 93

If the registered owner or authorized person in the land register is not the person entitled, he shall notify the Land Registry immediately after the date of entry of the entry decision and shall indicate what he is aware of the person of the person entitled to the decision. is. A written reference to this obligation shall be sent to him at the same time as the introduction decision. Unofficial table of contents

Section 94

(1) The Land Registry may, on its own account, make an investigation into whether the property or a registered right is entitled to the registered or another registered person, and to collect the appropriate evidence. The extent to which § 35 applies shall be decided at the discretion of the Land Registry. (2) The person concerned shall also be deemed to be a participant from the date of his determination. (3) Doubts as to who of several persons of the righthold are, such as all persons shall be considered as beneficiaries. Unofficial table of contents

§ 95

(1) If, in the course of the proceedings, the person of a person entitled to a person is entitled, the new person entitled shall be deemed to be a participant from the date on which his person is known to the Land Registry. (2) The same shall apply if a new law is applied in the course of the proceedings. is justified on the property or on the property that is subject to the property, which is affected by the procedure. Unofficial table of contents

§ 96

If the person or the stay of a participant or his representative is unknown, the Land Registry may appoint a caregiver to the person concerned for the settlement procedure. For the parenthood, the basic buchamp is replaced by the care court. Unofficial table of contents

Section 97

(1) Where a party does not reside in the territory of the country and has not appointed an authorised representative in this case, the Land Registry may order a representative residing in the territory of the country to receive the consignments intended for him or her for the purpose of receiving the consignment. (2) If the Land Registry has ordered this, as long as the person concerned has not appointed the agent, after the summons to the first meeting, all further deliveries may be effected in such a way as to ensure that the shall be sent to the post under the address of the person concerned after his place of residence , the postal items shall be marked 'enroll'. Delivery shall be deemed to have been effected by the post office, even if the shipment is considered to be unthinkable. Unofficial table of contents

Section 98

Public service is inadmissible. Unofficial table of contents

§ 99

The land registry can hold the owners of mortgage, basic debt or retirement school letters, as well as documents of the kind referred to in § § 1154, 1155 of the Civil Code, for the consideration of these documents. Unofficial table of contents

§ 100

The Grundbuchamt has to invite the participants to a negotiation date on the clarification of the ranking. The purpose of the charge is to indicate that, notwithstanding the lack of a party, negotiations would be taken on the clarification of the hierarchy. Unofficial table of contents

§ 101

(1) The time limit between the summons and the date shall be at least two weeks. (2) This provision shall not apply to a postponement and to an appointment for the continuation of the hearing. Those invited to the previous appointment do not need to be reloaded at the new date, if this is announced. Unofficial table of contents

Section 102

(1) In the event, the Land Registry shall endeavour to reach agreement between the parties concerned in order to achieve a clear order of precedence. If some of the parties involved are concerned, the Land Registry shall have the agreement to be assessed. An unpublished participant may give his consent to the agreement in a public or publicly certified document. (2) The parties involved, the basic book of the agreement shall be rewritten in accordance with the terms of the agreement. Unofficial table of contents

Section 103

If the parties do not agree, then the Grundbuchamt makes a proposal for a new order of precedence. In this case, it may propose a change in the existing hierarchy, insofar as it is necessary to achieve a clear ranking order. Unofficial table of contents

Section 104

(1) The proposal shall be notified to the parties concerned by the indication that they may object to it within a period of one month from the date of delivery at the base of the basic office. In special cases, a longer period may be determined. (2) The objection must be made in writing or by explanation of the minutes of the official's office of the office of a local court; in the latter case, the period of opposition shall be respected if the declaration is made within the time limit. Unofficial table of contents

Section 105

(1) A participant who was unable to comply with the time limit (§ 104) without his or her fault has to grant reinstatation to the Land Registry to the previous stand if he/she has been removed within two weeks of the removal of the obstacle. (2) The decision to grant reinstatement shall be indisputable; against the decision, by which the request for reinstatement shall be deemed inadmissible. shall be rejected or rejected, the complaint shall be in accordance with the provisions of the Law on the procedure in family matters and in matters of voluntary jurisdiction. (3) The reinstatment can no longer be applied for after the new order of precedence is registered or if since the end of the missed Deadline one year has passed. Unofficial table of contents

Section 106

(1) Where a legal dispute is pending which relates to the hierarchy of the property, the proceedings shall be suspended at the request of a party until the dispute has been filed. (2) The Land Registry may also be subject to the proceedings of the Office of the Office suspend the decision of the court of proceedings and give the parties, or any individual of them, in a time limit, the decision of the court of proceedings, if the establishment of a new clear order of precedence of the decision of a dispute over the existing Rank depends. Unofficial table of contents

Section 107

If the dispute is settled, the Land Registry shall continue the proceedings in so far as it is still necessary in order to achieve a clear order of precedence. Unofficial table of contents

Section 108

(1) After the expiry of the period of opposition, the Land Registry shall, by decision, establish the new order of precedence, unless there is an opportunity to make a new proposal. It shall at the same time decide on the unfinished contradictions; in this respect, the decision shall be given for reasons. (2) If a decision is taken on a contradiction, the decision shall be notified to all parties concerned. Unofficial table of contents

§ 109

The basic buchamp can adjust the procedure at any time if it does not promise success from its continuation. The adjustment decision is indisputable. Unofficial table of contents

§ 110

(1) Where the Land Registry has decided on a contradiction in the decision establishing the new order of precedence, the decision shall be taken against the decision in accordance with the provisions of the Law on the Procedure in Family Matters and in the (2) The appeal is inadmissible. Unofficial table of contents

Section 111

If the new order of precedence has been legally established, the Land Registry has to rewrite the land register in accordance with the terms of this order. Unofficial table of contents

Section 112

If the new order of precedence (Section 102 (2), § 111) is registered, it shall replace the previous order of precedence. Unofficial table of contents

Section 113

If the new order of precedence is entered (Section 102 (2), § 111) or if the procedure is terminated (§ 109), the entry note shall be deleted. Unofficial table of contents

Section 114

The costs of the procedure of the first instance shall be distributed at the discretion of the parties to the basic office. Unofficial table of contents

§ 115

If the proceedings are followed by a pending legal dispute, each party shall bear the extra-judicial costs incurred by it. The court costs will be knocked down.

Sixth Section
Application of basic book sheets

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Section 116

(1) For a property which has not received a basic book sheet when the basic book is laid down, the sheet shall be applied by its own motion, without prejudice to section 3 (2) to (9). (2) The procedure for the application of the basic book shall be governed by the following: Regulations of § § 118 to 125. Unofficial table of contents

§ 117 (omitted)

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Section 118

In order to determine the ownership of the property, the Land Registry has to carry out the necessary investigations and collect the appropriate evidence from the Office of the Office for the purpose of determining the property. Unofficial table of contents

§ 119

The Land Registry Office may issue an offer in accordance with § § 120 and 121 for the purpose of determining the person entitled to the agreement. Unofficial table of contents

§ 120

The following are to be included in the offer:

1.

the announcement of the imminent arrival of the basic book;

2.

the name of the land, its location, its nature and its size, in accordance with the official list governing the name of the land in the land register;

3.

the name of the owner of the property, provided that it is known or identified to the land registry;

4.

the invitation to the persons who claim to have the property to notify and to make credible their right within a period of at least six weeks to be determined by the Land Registry, if they are not entitled to do so when the basic book is laid down; is not taken into account.

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Section 121

(1) The offer shall be attached to the body designated for the purpose of the notices of notice of the Land Registry and shall be published once in the bar designated for the official notices of the Land Registry. The Land Registry may arrange for the publication to be made several times and still in other sheets, or, if the property has a value of less than EUR 3,000, that it should remain completely. (2) The offer shall be in the municipality, in whose district the property is situated, to be attached to the site intended for official notices or to make known in other local ways. This shall not apply where there is no provision in the municipality of official notices and any other local contract notice shall only lead to additional publication in one of the sheets referred to in paragraph 1 (3) The bid shall be served on its own account to those persons who are entitled to the property and are known to the land registry. Unofficial table of contents

§ 122

If a bid procedure (§ § 120, 121) has not taken place, the basic book may only be applied after the congregation in whose district the property is located is subject to the application and the name of the owner to be registered as owner. publicly announced and has passed since the notice a month; the nature of the contract notice determines the basic buchamp. Unofficial table of contents

§ 123

The owner is to be entered in the land register:

1.

the identified owner;

2.

otherwise the owner of the property, whose property is credited to the land registry;

3.

otherwise the person whose property according to the situation of the matter seems most likely to be the basic buchamt.

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Section 124

(1) Limited property rights in the property or other restrictions of ownership shall only be registered when the basic book is filed if it is registered with the Land Registry and is certified either by public or by public Documents whose declared content comes from the owner, are proven or recognized by the owner. (2) The owner is to be heard about the recognition. If he disputes the declared right, it shall, if it is made credible, be secured by registration of an objection. (3) The rank of the rights is in accordance with the laws governing them at the time of their formation and, if he does not hereafter can be determined by the order in which they are registered. Unofficial table of contents

§ 125

The appeal against the application of the basic book is inadmissible. However, in the course of the complaint, it may be required that the Land Registry be instructed to enter a contradiction in accordance with Section 53 or to carry out a deletion.

Seventh Section
The machine-guided land register

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§ 126

(1) The national governments may determine by means of a legal regulation that and to what extent the land register is conducted in a machine form as an automated file; they may also determine that the land register is structured in a structured form with logical linking of the contents (database base book). In this connection it must be ensured that:

1.

comply with the principles of proper data processing, in particular take precautions against data loss and keep the required copies of the data at least up to date and the original data sets as well as the copies of which shall be kept safe;

2.

the entries to be made will soon be recorded in a data storage and can be reproduced in a legible form in terms of content in the long term;

3.

the measures required by the annex to this Act are taken.

The national governments may, by means of a regulation, transfer the authorization according to sentence 1 to the Land Justice Administrations. (2) The management of the basic book in machine form also includes the establishment and management of a list of the owners. and the land, as well as other directories required for the guidance of the basic book in machine form. The Land Registry may, for the conduct of the basic book, also use the lists of the kind referred to in the first sentence which are set up in the case of the bodies responsible for the management of the property register; these may be those referred to in the first sentence. (3) The data processing may be carried out on behalf of the Land Registry Office (Grundbuchamt) in accordance with § 1, on the premises of another state agency or on the installations of a legal person under public law, if the proper To ensure the completion of the land register. Unofficial table of contents

§ 127

(1) The State Governments shall be empowered to determine, by means of a regulation, that:

1.

Changes in the number under which a land is kept in the property register, which is not based on a change in the perimeter of the land, as well as details of the actual property in the land register a description of the plot of land from the property register should be stored automatically in the land register and in directories according to § 126 (2);

2.

In an automated form, the land registry offices responsible for the management of the property register, and the data of the inventory and the first division, shall be automatically transmitted in electronic form to the authorities responsible for the management of the ship's property register;

3.

Land-based booksmen who complete the designation of the name of a person entitled in the basic books kept by them may also carry out such a rectification in basic books run by other land register offices in the country concerned;

4.

in respect of total rights, the general rules shall also be subject to the responsibility of the Land Registry, in so far as basic books are concerned, which are carried out by other land register offices in the country concerned.

The arrangements can be limited to individual land register offices. In the cases referred to in points 3 and 4 of the first sentence, provisions may also be made to determine the relevant basic office and the details of the procedure in question may be laid down. The State Governments can transfer the appropriations by means of a legal regulation to the Land Justice Administrations. (2) Insofar as the Land Registry is obliged under federal law, to a court or authority over an entry Notification shall not be made in respect of the information which has been incorporated into the land register in accordance with the first sentence of paragraph 1, first sentence, point 1, from the land register. (3) A basic office responsible pursuant to paragraph 1 (1) (4) of this Regulation applies in relation to the matter as being the case for the management of the affected General booksheets in charge. The announcement of the registration pursuant to section 55a (2) is not required. In the cases referred to in the first sentence of paragraph 1, points 3 and 4, where the basic markets are not electronically supplied, they shall be sent certified copies of the documents on which the registration is based or to which they are referred to the other basic booksans concerned. . Unofficial table of contents

§ 128

(1) The machine-guided land register shall replace the previous basic book for a basic book as soon as it has been released. The release is to be made as soon as the entries of this basic book have been included in the data memory for the basic book entries. (2) The closing note in the previous land register is only one of the entries according to § 44 (3) The previous basic books may be singled out, provided that the machinery-guided basic book has been laid down in such a way that the entire content of the previous Basic ledger sheets in the data store determined for the machine-guided land register , and the playback on the screen is identical to the previous basic bushings. Unofficial table of contents

Section 129

(1) An entry shall take effect as soon as it is recorded in the data storage medium intended for the basic book entries and can be reproduced in a legible form on a continuous basis. A confirmation panel or any other appropriate means of verifying that these conditions have occurred. (2) Each entry shall indicate the date on which it has become effective. In the case of entries which, in accordance with Article 127 (1), first sentence, point 1, become the content of the basic book, the indication of the day of registration in the land register shall not be required by way of derogation from the first sentence of the first sentence. Unofficial table of contents

§ 130

Article 44 (1), first sentence, second sentence and sentence 3 shall not apply to the basic accounting machine; § 44 (1) sentence 2 first half-sentence shall apply with the proviso that the person responsible for the conduct of the basic book may also arrange for registration. If the registration is not particularly available, it is appropriate to make the ascertainable of the storage available to the public or otherwise to be determined. Unofficial table of contents

Section 131

(1) Where the land register is carried out in a machine form as an automated file, the copy of the copy shall replace the copy of the copy and the certified copy of the official printout. The printouts will not be signed. The official expression shall be designated as such and shall be marked with a seal of service or stamp; it shall be the same as a certified copy. (2) The State Governments shall be authorized to do so by means of a decree law

1.

, to the extent that a legitimate interest is set out, to the extent that a legitimate interest is laid down, and that information on evaluations of basic book content across the land can be required; and

2.

Details of the information exchange procedure.

You can transfer these appropriations to the national justice administrations by means of a legal regulation. Unofficial table of contents

Section 132

The inspection of the machine-guided land register may also be granted in the case of a land other than the Land Registry which guides this land register. The basic buchamp, in which the insight is sought after, decides on the congecting of the insight. Unofficial table of contents

§ 133

(1) The establishment of an automated procedure enabling the transmission of data from the machine-guided land register by retrieval shall be permitted, provided that it is ensured that:

1.

the retrieval of data which does not exceed the permitted access to or pursuant to § § 12 and 12a

2.

the admissibility of the calls can be controlled on the basis of a logging.

(2) The establishment of an automated retrieval procedure as referred to in paragraph 1 shall be subject to authorisation by the Land Justice Department. The authorisation may only be granted to courts, authorities, notaries, publicly appointed surveyors of surveyors, persons entitled to property in rem, a person or body appointed by dinglich, the State Bank of Berlin, and for the purposes of the processing of requests for information (paragraph 4), but not other public-sector credit institutions. It shall require that:

1.

this form of data transfer, taking into account the legitimate interests of the parties concerned, is appropriate because of the large number of transfers or because of their particular need for urgent action,

2.

on the part of the recipient, the principles of proper data processing are complied with and

3.

on the part of the basic accounting body, the technical possibilities for the establishment and handling of the procedure are given and a disturbance of the business operation of the basic office is not to be expected.

(3) The authorisation shall be revoked if one of the conditions referred to in paragraph 2 has been omitted. It may be revoked if the facility has been used abusively. A public service contract or an administrative arrangement may be terminated in the cases of sentences 1 and 2. In the cases of the first sentence, the dismissal must be explained. (4) In the automated retrieval procedure referred to in paragraph 1, applications for information from the land register (inspection and issuing of copies) pursuant to § 12 and those provisions may also be submitted. In accordance with the provisions of this Regulation. The first and third sentences of paragraph 2 shall apply accordingly. Mechanical processing is only permissible if the owner of the property, in the case of hereditary building and building land registers, agrees to the owner of the inheritance law or building property, or the foreclosure of the property in the property, hereditary building law or (5) If the consignee is not a public body, § 38 of the German law on the subject of the building shall be operated by the person or agency. Bundesdatenschutzgesetz (Federal Data Protection Act) with the proviso that the supervisory authority is responsible for implementing the provisions on data protection, even if there are no sufficient indications of a breach of these rules. Irrespective of this, the owner of the land or the owner of the same right shall be informed at any time of a protocol to be carried out on the calls, unless the announcement of the success of criminal investigations , this Protocol may be destroyed after two years. (6) Where personal data are transmitted in the automated retrieval procedure, the addressee may only use it for the purpose for which it is fulfilled. (7) The authorisations referred to in paragraph 2 shall apply in the light of the Conditions laid down in paragraphs 1 and 2, third sentence, Nos 1 and 2, in the country as a whole, the authorities of which they have granted. As soon as the technical requirements are met, they are also valid in the rest of the Federal Republic. The Federal Ministry of Justice shall, with the consent of the Federal Council, determine when and in which parts of the Federal territory these conditions are met by means of a legal regulation. Instead of authorisations, public-law contracts or administrative arrangements can also be concluded. Sentences 1 and 2 shall apply accordingly. (8) (omitted) Unofficial table of contents

§ 133a Granting of basic book prints by notaries; authorizing the regulation

(1) Notaries may communicate the contents of the Basic Book to the person who gives them a legitimate interest within the meaning of § 12. The communication can also be carried out by issuing a basic book print. (2) The communication of the basic book content in the public interest or for scientific and research purposes is not allowed. (3) On the communication of the The notary maintains a protocol for the basic book. The owner of the land or the owner of the same right shall, on request, be provided with information from this Protocol. (4) Logging of the communication does not need to be carried out if:

1.

the notification of the preparation or execution of any other official business in accordance with § 20 or § 24 (1) of the Bundesnotarordnung (Bundesnotarordnung), or

2.

the basic information shall be communicated to the person entitled to the information referred to in the second sentence of paragraph 3.

(5) State governments shall be empowered to determine by means of a decree law that, by way of derogation from paragraph 1, the content of the basic ledgers kept by the land register offices of the country in question must not be communicated. This shall not apply if the notification of the preparation or execution of any other official business is in accordance with § 20 or § 24 (1) of the Bundesnotarordnung (Bundesnotarordnung). The state governments can transfer the authorization to the Land Justice Administrations by means of a legal regulation. Unofficial table of contents

Section 134

The Federal Ministry of Justice is authorized to adopt more detailed provisions by means of a decree law with the consent of the Federal Council.

1.

the details of the requirements for the establishment and the details of the design of the machine-guided basic book, as well as the derogations from the provisions of the first to sixth sections of the general ledger order, which are applicable to machine guidance of the basic book;

2.

details of the granting of access to machine-led basic books;

3.

the details of the establishment of automated procedures for the transmission of data from the land register, including by means of retrieval and authorisation.

The Federal Ministry of Justice may, within the framework of its authorization pursuant to the first sentence of the first sentence, transfer the provisions of further details to the national governments by means of a decree-law, including the provision that they may be empowered by a regulation of the law to be applied to The State Justice Administrations can be transferred. Unofficial table of contents

§ 134a Data transfer in the development of procedures for the application of the database base book

(1) The Land Justice Administrations may provide the developer of an automated optical character and content recognition procedure (migration programme) in accordance with paragraphs 2 to 5 of the Basic Book Data; otherwise, the Federal Data Protection Act and the data protection laws of the Länder. The migration programme is intended to support the conversion of the basic ledger data into fully structured entries and their storage during the introduction of a database base book. (2) The developer of the migration program shall be allowed to submit the Use the base book data exclusively for the development and test of the migration program. The transmission of the data to the developer is carried out centrally via a national justice administration determined by administrative agreements of the Länder. The parties involved shall take appropriate measures to ensure data protection and data security in accordance with the respective state of the art, in particular in order to safeguard the confidentiality of the data concerned. The Land Justice Department, determined in accordance with the second sentence, is responsible for compliance with the rules of data protection and agrees with the developer on the details of data processing. (3) The selection of the basic book data to be transmitted shall be carried out by the State Justice Administrations. It should be based on a representative cross-section of the basic book data stock. In addition, the selection is made according to formal criteria. These include, in particular, the fonts and typefaces used for the land register, the layout of the basic sheets, the quality of presentation of the basic book content generated by the changeover, and the format of the file to be converted. Data. Only as much data may be transferred, as is necessary for the development and testing of the migration programme, for each country at most 5 per cent of the total stock of basic bushings. (4) The developer of the migration programme can transmit the basic data stored by him, as well as the data derived therefrom, to the Land Justice Administration, as determined in accordance with the second sentence of paragraph 2, or to the respective Land Justice Administrations concerned. There, the data may only be used for functional testing of the migration program as well as for the testing and enforcement of warranty claims with respect to the migration program; the data must be deleted there if it is no longer available for this purpose. (5) The developer of the migration program shall delete the basic book data stored by him as well as the data derived from it, as soon as their knowledge for the fulfilment of the purposes referred to in the first sentence of paragraph 2 no longer is required. The deletion of a deletion occurs as long as and as long as the knowledge of the data referred to in sentence 1 is necessary for the defence of warranty claims of the Land Justice Administrations. The data carrier that has been transferred to it has to be returned to the developer of the agency. (6) The prototype of a migration program with limited functionality, which is to be created as part of the conceptual design of a database basic book, shall be subject to the following: Paragraphs 1 to 5 accordingly.

Eighth section
Electronic Legal Service and Electronic Grundakte

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Section 135 Electronic legal services and electronic basic rights; Regulation authorisations

(1) Applications, other declarations and proofs of other conditions of entry may be sent to the Land Registry as electronic documents in accordance with the following provisions. The state governments are authorized to do so by means of a legal regulation

1.

determine the date from which electronic documents may be transmitted; the authorisation may be limited to individual land register offices;

2.

rules on data transmission and storage, as well as file formats for the electronic documents to be transmitted, in order to ensure the suitability for processing by the base office;

3.

to determine the directly addressable establishment of the Land Registry, which is intended exclusively for the reception of applications and other electronic documents in electronic form, provided for in electronic form;

4.

to determine that notaries

a)

to transmit documents electronically and

b)

in addition to the electronic documents, have to submit certain information in a structured machine-readable form;

the obligation may be limited to the submission of individual land register offices, to individual types of entry operations or to documents intended for documents;

5.

to arrange for measures to be taken in the event of technical malfunctions.

A breach of an obligation established pursuant to the second sentence of point 4 shall not preclude the legally effective receipt of documents from the Land Registry. (2) The basic markets may be conducted electronically. The State Governments shall be empowered to determine by means of a regulation the date from which the basic markets shall be electronically guided; the order may be applied to individual land register offices or to parts of the land register held by a Land Registry (3) In accordance with the second sentence of the second sentence of paragraph 1 and the second sentence of paragraph 2, the national governments may transfer the appropriations by means of a legal regulation to the Land Justice Administrations. (4) For electronic legal transactions and the The second sentence of Article 126 (1) and the third paragraph shall apply mutagens. The provisions of the fourth section on electronic legal transactions and the electronic file in appeal proceedings shall remain unaffected. Unofficial table of contents

Section 136 receipt of electronic documents in the basic office

(1) A request for registration transmitted by means of a remote data transmission as an electronic document has been received by the Land Registry Office as soon as the institution designated for the reception has recorded it in accordance with Section 135 (1) sentence 2, point 3. The exact point in time shall be recorded by means of an electronic time stamp in the application. Section 13 (2) and (3) shall not apply. The transmission directly to the institution determined in accordance with Article 135 (1), second sentence, point 3, shall be confirmed immediately to the sender, stating the date of receipt. The confirmation shall be accompanied by an electronic signature enabling the examination of the origin and the integrity of the data signed by it. (2) For the receipt of an application for registration, which shall be an electronic document on a § 13 (2), second sentence, and third paragraph shall apply. The exact date of receipt of the application is to be noted when the application is submitted. (3) Electronic documents can only be legally valid in the basic buchamp if they are suitable for processing by the land registry office. If a document is not suitable for processing by the land registry, this is the sender or the submiter of a data carrier referred to in the first sentence of paragraph 2, having regard to the ineffectiveness of the receipt and the applicable technical specifications. To communicate the conditions immediately. Unofficial table of contents

Section 137 Form of electronic documents

(1) If a declaration required for registration or any other condition of registration is to be proved by a public or publicly certified document, it may be deemed to be a simple electronic certificate pursuant to section 39a of the An electronic document provided with a certificate of assessment. Proof may also be provided by the transmission of a public electronic document (Article 371a (3) sentence 1 of the Code of Civil Procedure) if:

1.

the document is provided with a qualified electronic signature in accordance with the signature law, and

2.

the qualified certificate on which the signature is based, or an associated qualified certificate of attrilty, can be identified by the authority or by the property as a person who has a public faith.

Any requirement to prove the possession of the original or a copy of a document to the Land Registry shall remain unaffected. (2) Where declarations or requests are made by an authority on the basis of which an entry is to be made, as a electronic document,

1.

the document contains the name of the person issuing the issuing person and the authority to be identified,

2.

the document shall be provided by the issuing person with a qualified electronic signature in accordance with the signature law, and

3.

the qualified certificate on which the signature is based, or an associated qualified certificate of attrib, can be identified by the Authority.

(3) Statements for which written form is required by legislation may be transmitted as an electronic document if it contains the name of the issuing person and, with a qualified electronic signature, after the (4) applications for applications as well as other declarations which are not subject to the formal requirements of paragraphs 1 to 3 may be transmitted as an electronic document if it contains the name of the person issuing the signature. § § 30 and 31 shall apply with the proviso that the declarations to be referred to in the form of section 29 may be transmitted as electronic documents in accordance with paragraphs 1 and 2. Unofficial table of contents

Section 138 Transfer of documents

(1) Documents in paper form can be transferred to electronic documents and, in this form, instead of the documents, can be transferred to the basic documents. The documents may then be removed, but the documents filed with an application for application shall not be made before the decision on the application. (2) The content of the electronic documents taken to the basic market shall be in a legible form. , For this purpose, the documents can be transferred to a different file format and, in this form, instead of the previous files, can be transferred to the basic documents. (3) If the basic documents are not electronically guided, the submitted electronic components are not to be used electronically. Documents to produce printouts for the file. The electronic documents can be stored and transferred to the electronic documents after the application of the electronic documents; after the acquisition, the printouts can be destroyed. Unofficial table of contents

Section 139 File expression, access to files and data retrieval

(1) The expression and the place of the certified copy of the official expression shall be replaced by the copy of the copy from the basic document. The printouts will not be signed. The official expression shall be designated as such and shall be marked with a seal of service or stamp; it shall be the same as a certified copy. (2) The view into the electronic basic markets may also be seen in the case of a person other than the basic buchamp that will lead to these basic markets. The basic buchamp, in which the insight is sought, decides on the design of the insight. (3) An automated procedure can be set up for the retrieval of data from the electronic basic markets. § 133 shall apply accordingly, with the proviso that the procedure is not limited to the documents referred to in the second sentence of Article 12 (1) (2). Unofficial table of contents

Section 140 Decisions, dispositions and communications

(1) Where the basic principles are carried out in full or in part electronically, decisions and dispositions may be adopted in electronic form. They shall be provided by the issuing person with their name, decisions and interim orders in addition with a qualified electronic signature according to the signature law. The State Governments shall be empowered to determine by means of a regulation the date on which decisions and decrees are to be adopted in electronic form; the order may be limited to individual land-based booksmen. The State Governments may transfer the authorization to the Land Justice Administrations by means of a legal regulation. (2) The recipients referred to in § 174 (1) of the Code of Civil Procedure may take decisions, dispositions and communications by the Transmission of electronic documents shall be disclosed. In addition, the transmission of electronic documents shall be admissible if the addressee has expressly agreed to it. The documents shall be protected against unauthorised knowledge. In the case of the transmission of decisions and interim orders, the documents shall be accompanied by an electronic signature enabling the verification of the origin and the integrity of the data they have signed. (3) Copies and Copies of decisions and orders issued in electronic form may be produced by an expression. Copies of decisions and interim orders must be signed by the official office of the office and shall be marked with a seal of service or stamp. (4) The provisions of the fourth section on judicial electronic Documents in appeal proceedings shall remain unaffected. The provisions of paragraph 1 shall not apply to the enforcement of basic accounts. Unofficial table of contents

Section 141 authorizing the Federal Ministry of Justice

The Federal Ministry of Justice is authorized to adopt more detailed provisions by means of a decree law with the consent of the Federal Council.

1.

the details of the technical and organisational requirements for the establishment of the electronic legal system and the electronic basic rights, in so far as they are not covered by Article 135 (1), second sentence, point 2;

2.

the details of the design and design of the electronic base markets,

3.

the details of the transfer of documents in paper form to electronic documents and the transmission of electronic documents to the form of paper or to other file formats,

4.

the details of the granting of access to electronic basic markets; and

5.

the details of the establishment of automated procedures for the transmission of data from the electronic base markets, including by means of retrieval and authorisation.

Within the framework of its authorization pursuant to sentence 1, the Federal Ministry of Justice may, by means of a decree-law regulation, transfer the system of further details to the national governments, including by providing for their authorisation by means of a legal regulation. The State Justice Administrations can be transferred.

Ninth Section
Transitional and final provisions

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Section 142

(1) (Entry into force) (2) Articles 1 (2), 2, 50, 55 of the Introductory Act to the Civil Code shall be applied accordingly. Unofficial table of contents

Section 143

(1) Insofar as reservations are made in the Introductory Act to the Civil Code in favour of the Land Laws, they also apply to the provisions of the Land Laws relating to the Basic Accounting; however, § § 12a and 13 (3), § 44 (1) sentence 2 and § 56 (2), § 59 (1) sentence 2, § 61 (3) and § 62 (2) also apply in these cases. (2) Paragraph 1, second half-sentence also applies to the basic accounting treatment of mining rights. (3) Associations and attributions between Land and rights for which the rules on land are governed by national law shall not apply to: shall be made. Unofficial table of contents

Section 144

(1) The provisions of § 20 and section 22 (2) on the right of inheritance as well as the provision of § 49 shall apply accordingly to the rights referred to in Articles 63, 68 of the Introductory Act to the Civil Code. (2) Is on the In the case of a piece of land, a right of the kind referred to in Articles 63 and 68 of the Introductory Act to the Civil Code shall be established on application for that right to establish a special basic book. This shall be done on its own account if the law is to be sold or burdened. The application shall be noted on the sheet of the land. (3) The laws of the Land may determine that, instead of the provisions of paragraph 2, the provisions of § § 14 to 17 of the inheritance law shall be applied accordingly. Unofficial table of contents

§ 145

The books, which have been kept as basic books under the previous provisions, are considered to be the basic books within the meaning of this law. Unofficial table of contents

Section 146

If several books are kept according to § 145, each property in one of the books must have a special place. At this point, reference should be made to the entries in the other books. The body of the main book and the points to which reference is made shall be considered to be the basic book. Unofficial table of contents

Section 147

If in a book, which applies in accordance with section 145 as a land register, the land is not referred to in accordance with § 2 para. 2, this designation shall be effected by officant. Unofficial table of contents

§ 148

(1) The Federal Ministry of Justice is authorized, by means of a regulation with the consent of the Federal Council, to the procedure for the purpose of the restoration of a basic book which has been destroyed in whole or in part or which has been handed down, and the procedure for the To determine the purposes of the re-creation of documents of the kind referred to in § 10 (1) of destroyed or handed-off documents. It can also determine in which way the registration required for a change of law is to be replaced until the restoration of the basic book. (2) Is the acceptance of entries in the machine-guided land register (§ 126) it is not possible temporarily to arrange for entries in a replacement land register in paper form on the order of the management of the Land Registry, provided that there is no reason to obtain confusion. They are to be taken over into the machine-led land register as soon as this is possible again. § 44 applies to the entries in the first sentence; in the cases of sentence 2, § 128 applies accordingly. The State Governments are empowered to regulate the details of the proceedings by means of a decree law; they may transfer this authorisation to the Land Justice Administrations by means of a regulation. (3) Is the adoption of electronic documents in the electronic basic documents are temporarily not possible, the management of the Land Registry may order the documents to be used as an expression of the documents. They are to be taken over into the electronic basic markets as soon as this is possible again. § 138 (3) sentence 2 shall apply mutah. (4) The national governments may determine by means of a regulation that:

1.

the basic book, which had been run by machine until then, is once again in paper form,

2.

the electronic legal traffic is stopped, or

3.

the electronically guided basic markets are again in paper form.

The legal regulation is to be issued only if the conditions of § 126, also in conjunction with § 135 (4) sentence 1, are not only temporarily omitted and cannot be restored in the foreseeable future. The second sentence shall not apply to the extent that it was determined in accordance with Section 135 (1) and (2) of the law that electronic legal transactions and the electronic management of the basic markets were only authorised or arranged for a limited period of time for trial purposes. § 44 shall apply mutatily. The re-arrangement of the machine basic accounting after the seventh section as well as the re-introduction of electronic legal traffic and the re-arrangement of the electronic guidance of the primary roof after the eighth section remain unaffected. Unofficial table of contents

§ 149

(1) The provisions of national law in Baden-Württemberg concerning the land register offices and the jurisdiction of the persons acting there, as well as the particularities resulting therefrom, shall remain unaffected; this shall also apply to the provisions of on the number of signatures required under the basic accounts and on the mortgage, basic debt and pension debits, as well as for regulations that deviate from § § 12c, 13 (3) and § 44 (1) sentence 2 and 3. Article 1 (1) of the Law on the authorization of the State of Baden-Württemberg to the Legal Affairs of the Law of 17 December 1974 (BGBl) is also without prejudice. 3602) as well as § § 35 and 36 of the Law-Law Act. (2) § 29 (1) and (3) of the Basic Regulations also apply in the Land of Baden-Württemberg, which is relevant to the rest of the Federal Republic. (3) The Government of the State of Baden-Wuerttemberg will be Authorized to determine by means of a decree law that § 12 (4) and § 12a (3) are to be applied in Baden-Württemberg only from a later date, no later than 1 January 2018. The arrangement can be limited to individual basic booksmen. The State Government may transfer the authorization to the Land Justice Administration by means of a legal regulation. Unofficial table of contents

Section 150

(1) In the area referred to in Article 3 of the Agreement, this Act shall apply with the following measures:

1.

By way of derogation from § 1 to the end of 31 December 1994, the basic books may be kept from the competent bodies (land register offices) responsible or subsequently designated by national law by 2 October 1990. The responsibility of the staff of the Land Registry shall be determined in accordance with the subsequent provisions adopted on the day before the date of entry into force of the accession or in the country in question. These are also relevant for the number of signatures required and the extent to which entries in the stock of land are to be undersigned. The provisions of sentences 2 and 3 may be maintained, amended or supplemented even if the basic books are returned by the local courts. It's before the 19. These entries shall nevertheless be effective if they are not in accordance with the provisions of Article 44 (1) of the Basic Books of the Territory referred to in Article 3 of the Agreement, which are not in accordance with the provisions of Article 44 (1) of this Regulation. comply with the requirements of the rules laid down for the management of the basic book by the country concerned.

2.

An official list of the land within the meaning of § 2 shall be the relevant list or the list of land which is to be considered on the day before the date of entry into force of the accession to the name of the land.

3.

The basic books, which shall be kept in accordance with the provisions existing on the day before the date of entry into force of accession, shall be considered as basic books within the meaning of the basic book order.

4.

In so far as the provisions in force on the day before the date of entry into force of the accession are to be established and to be carried out, the provisions of these provisions shall be applied further. This also applies to the identification of the laying down of the building land sheet in the land register of the property. The building owner can also submit the application for the application of the building land cover sheet. This shall apply mutagentily to building land sheets to be laid down in accordance with the provisions adopted later. In the case of entries or corrections in the building land register, the existence of the building is not to be considered in the cases of Article 233 (4) of the Introductory Act to the Civil Code.

5.

In addition to this law, the provisions of § § 2 to 85 of the Act on the Procedure in Family Matters and in the matters of voluntary jurisdiction shall be applicable accordingly, unless otherwise provided by legislation, in particular from the provisions of the basic law, or from the fact that the basic books are not brought by the courts.

6.

Applications for entry in the land register which have been received before the date of accession to the Land Registry shall be dealt with by the procedural rules in force on the day before the date of entry into force of the accession.

7.

Moreover, the general measures laid down in Annex I, Chapter III, Section III, Section III, Section III, shall apply in accordance with point 28 of the agreement. Appeal proceedings pending on the date of accession to the date of accession shall be submitted to the court which is now competent to decide on the appeal.

(2) On 1 January 1995, in accordance with the first sentence of paragraph 1, first sentence, any provisions which continue to apply or are adopted by the Member States, pursuant to which the basic books shall be kept by bodies other than those referred to in § 1, shall be repeal. The bodies referred to in § 1 shall also remain obliged after that date to apply general instructions for the accelerated treatment of land-based accounting matters. The State Governments shall be authorized to determine, by means of a regulation, an earlier date for the expiry of those provisions. In the cases of sentences 1 and 3, it is also possible, by means of a legal regulation of the Land Government, to determine that basic books in one part of the land register are dealt with by a branch of the local court (§ 1) set up for this purpose, if this is not the case. In accordance with local conditions, it appears appropriate for the relevant execution, and, without prejudice to § 176 (2) of the Bundesberggesetz (Bundesberggesetz), which body, after the repeal of the provisions referred to in the first sentence, leads the mountain land registers. According to this provision, the Land Government can transfer its authorisation to the Land Justice Administration by means of a legal regulation. (3) As far as the basic books are managed by administrative or judicial authorities, a decision shall be taken against a decision. the Land Registry (paragraph 1 (1), first sentence), even where it has not been expressly requested by the Head of the Land Registry, or which does not receive the complaint pursuant to Section 71 of the Basic Order. This Regulation shall apply with effect from 3. October 1990, in so far as proceedings have not yet been finalised. Proceedings concerning appeals against decisions of the Land registry offices which are pending before the entry into force of this provision shall be applied to the Appeal Court. Sentence 1 shall not enter into force at the date referred to in the first sentence of paragraph 2 or in the third sentence of paragraph 2. (4) In the land register offices in the territory referred to in Article 3 of the Agreement, persons may also be able to take part in the territory until 31 December 1999. The Office shall be entrusted with the task of carrying out acts of office which are to be allocated on a permanent or temporary basis to these offices on the basis of service contracts. The date may be extended by the Federal Ministry of Justice's ordinance with the consent of the Federal Council. (5) The Federal Ministry of Justice is authorized to comply with the law with the consent of the Federal Council. on the proof of the power to pass over

1.

limited rights in respect of land, buildings or other rights which are equal to the land;

2.

Prior notice or

3.

Other charges and restrictions included in the land register

, the registration of which has been requested before 1 July 1990 in the territory referred to in Article 3 of the Agreement on the integration of the territory of the Member States. It may be determined that § 39 is not applicable and that it does not require the submission of a mortgage, basic debt or pension debt letter. (6) § 134a shall not apply on 31 December 2020. Unofficial table of contents

Annex (to § 126 (1) sentence 2 no. 3)

If personal data are processed in an automated manner, measures must be taken which are suitable depending on the type of personal data to be protected,

1.

to deny unauthorised access to data processing equipment used to process personal data (access control);

2.

to prevent unauthorized reading, copying, modification or removal of data carriers (media control),

3.

prevent the unauthorised input into the memory and the unauthorised disclosure, modification or deletion of stored personal data (storage control),

4.

to prevent data processing systems from being used by unauthorized persons (user control) by means of data transmission facilities;

5.

ensure that the persons authorised to use a data processing system can access only the data subject to their access authorisation (access control),

6.

to ensure that it is possible to verify and establish to which bodies personal data can be transmitted by means of data transmission (transmission control),

7.

ensure that it is subsequently possible to verify and establish which personal data have been entered by whom in data processing systems at what time (input control),

8.

ensure that personal data processed on behalf of the contract can only be processed in accordance with the instructions of the contracting authority (order control),

9.

to prevent the unauthorised reading, copying, modification or deletion of personal data during the transfer of personal data and the transport of data carriers (transport control),

10.

to organise the internal or intra-agency organisation in such a way that it meets the specific requirements of data protection (organisational control).