Law implementing the Hague Convention of 15 November 1965 on the service of judicial and extrajudicial documents abroad in civil or commercial matters, and the Hague Convention of 18 March 1970 on the taking of evidence in the Foreign countries in civil or commercial matters

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HaagÜbkAG

Date of completion: 22.12.1977

Full quote:

" Law implementing the Hague Convention of 15 November 1965 on the service of judicial and extrajudicial documents abroad in civil or commercial matters and the Hague Convention of 18 March 1970 on the taking of evidence Abroad in civil or commercial matters of 22 December 1977 (BGBl. 3105), as defined by Article 162 of the Regulation of 31 August 2015 (BGBl I). I p. 1474).

Status:

Amended by Art. 162 V v. 31.8.2015 I 1474

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 31.12.1977 + + +) Unofficial table of contents

Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law:

Part one
Provisions relating to the implementation of the Hague Convention of 15 November 1965 on the service of judicial and extrajudicial documents abroad in civil or commercial matters

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§ 1

The tasks of the Central Authority (Article 2, Article 18 (3) of the Convention) are carried out by the authorities designated by the State governments. Each country can only set up a central authority. The state governments may delegate the power to the Land Justice Administrations in accordance with the first sentence. Unofficial table of contents

§ 2

The central authority of the country in which delivery is effected shall be the central authority of the country for the receipt of delivery requests submitted by a foreign consul within the Federal Republic of Germany (Article 9 (1) of the Convention). , and the bodies responsible for the implementation of the Hague Convention of 1 March 1954 on the Civil Process of 18 December 1958 (BGBl.), pursuant to § 1 of the Law on the Implementation of the Hague Convention of 1 March 1954. 939) are responsible for receiving applications from the consul of a foreign country. Unofficial table of contents

§ 3

A formal notification (Article 5 (1) of the Convention) shall be admissible only if the document to be submitted is written in German or translated into this language. Unofficial table of contents

§ 4

(1) The Central Authority shall have the power to have postal delivery requests completed directly by the Post Office if the conditions for service are met in accordance with Article 5 (1) (a) of the Convention. In this case, the Central Authority shall issue the document to be sent to the postal service for delivery. The provisions of the Code of Civil Procedure on the delivery of the Office shall apply mutatis-ly. (2) In addition, the District Court, in whose district the service is to be served, shall be responsible for the execution of the requests for delivery. Delivery shall be effected by the office of the Local Court. Unofficial table of contents

§ 5

In the case of Section 4 (1), the certificate of delivery (Article 6 (1), 2 of the Convention) grants the Central Authority, and in other cases the office of the Local Court. Unofficial table of contents

§ 6

A service by diplomatic or consular representatives (Article 8 of the Convention) shall be admissible only if the document is to be sent to a member of the country of absence. A service provided for in Article 10 of the Convention shall not take place.

Part two
Provisions relating to the implementation of the Hague Convention of 18 March 1970 on the taking of evidence abroad in civil or commercial matters

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§ 7

The tasks of the Central Authority (Article 2, Article 24 (2) of the Convention) are carried out by the authorities designated by the State governments. Each country can only set up a central authority. The state governments may delegate the power to the Land Justice Administrations in accordance with the first sentence. Unofficial table of contents

§ 8

The District Court is responsible for the execution of requests for legal assistance, in the district of which the official act is to be carried out. Unofficial table of contents

§ 9

Requests for legal assistance to be carried out by the local court (Chapter I of the Convention) must be written in German or accompanied by a translation into that language (Article 4 (1), (5) of the Convention). Unofficial table of contents

§ 10

Members of the requesting foreign court may be present by the Local Court in the execution of a legal assistance request if the Central Authority has approved this. Unofficial table of contents

§ 11

The taking of evidence by diplomatic or consular representatives shall be inadmissible if it relates to German nationals. If it concerns nationals of a third State or stateless persons, it shall be admissible only if the Central Authority has approved it (Article 16 (1) of the Convention). A permit shall not be required if the national of a third State is at the same time the nationality of the State of the requesting court. Unofficial table of contents

§ 12

(1) An agent of the requesting court (Article 17 of the Convention) may carry out a taking of evidence only if the Central Authority has approved it. The permit may be subject to conditions. (2) The court, which would be responsible for the execution of a request for legal assistance in the same matter pursuant to § 8, shall be entitled to monitor the preparation and conduct of the taking of evidence. A member of that court may take part in the taking of evidence (Article 19, second sentence, of the Convention). Unofficial table of contents

§ 13

For the granting of the approval pursuant to § § 10, 11 and 12 (Article 19 of the Convention) the central authority of the country is responsible in which the taking of evidence is to be carried out. Unofficial table of contents

§ 14

(1) Requests for legal assistance relating to proceedings under Article 23 of the Convention shall not be dealt with. (2) However, such requests may, in so far as the carrying principles of the German procedural law do not conflict, be subject to such requests. to take account of the legitimate interests of the persons concerned, once the conditions of the execution and the procedure to be followed are set out in more detail by means of the legal regulation, which the Federal Minister for Justice and the Federal Minister of Justice and Consumer protection with the consent of the Federal Council.

Part Three
Other provisions

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§ 15

The Federal Minister of Justice and Consumer Protection is empowered to determine, by means of a decree law which requires the consent of the Bundesrat, the central authorities established in accordance with § § 1 and 7 of this Act to be the bodies which have been established in accordance with the § § 1 and 3 (2) of the Law of 5 April 1909 on the implementation of the Hague Convention on the Civil Procedure of 17 July 1905 (RGBl. 430) and in accordance with § § 1 and 9 of the Act implementing the Hague Convention of 1 March 1954 on the civil procedure for the acceptance of requests and requests of the consul of a foreign state. Unofficial table of contents

§ 16

This law shall also apply in the Land of Berlin in accordance with the provisions of Section 13 (1) of the Third Transfer Act. Legal orders issued pursuant to this Act shall apply in the Land of Berlin pursuant to Section 14 of the Third Transfer Act. Unofficial table of contents

§ 17

This Act shall enter into force on the day after the announcement.