Law on the declaration of force on mortgage, basic debt and retirement school letters in special cases

Unofficial table of contents

HypKrlosErklG

Date of completion: 18.04.1950

Full quote:

" Act concerning the declaration of force of mortgage, basic debt and retirement school letters in special cases in the revised version published in the Bundesgesetzblatt, Part III, outline number 403-8, as last amended by Article 2 (38) of the Law of 22 December 2011 (BGBl. I p. 3044)

Status:

Last amended by Art. 2 Abs. 38 G v. 22.12.2011 I 3044

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1964 + + +) 

  

Unofficial table of contents

§ 1

(1) A mortgage letter on a mortgage which is subject to a property situated within the scope of this Act may be declared powerless even if it has not been lost or destroyed, but if it is not lost or destroyed by the law of the the person who can claim the right from the mortgage as a result of a measure which is not legally effective within the scope of this law or, therefore, cannot be held in possession of it because the execution of a law enforcing a law Enforceable titles for publication of the letter outside the scope of this Act (2) This shall also apply if the personal debtor of the claim secured by the mortgage at the time of the measure had his residence in the territory in which the measure was taken. Unofficial table of contents

§ 2

The procedure for the declaration of force is the provisions of the Law on the Procedure in Family Matters and in the Matters of Volunteers, which are applicable to the bid procedure for the purpose of the declaration of strength of mortgage letters. Jurisdiction shall be applied unless otherwise provided in this Act. Unofficial table of contents

§ 3

(1) In the place of the credibility of the loss of the document (§ 468 No. 2 of the Law on the Procedure in Family Matters and in the matters of Voluntary Jurisdiction), the credibility of the facts referred to in § 1 occurs. (2) The applicant shall indicate what is known to him about the whereaby of the letter. Unofficial table of contents

§ 4

(1) The public notice of the offer is made by stitching to the court and by one-off indentation in the Federal Gazette. (2) If the owner of the mortgage briefs is known, the offer is to be communicated to him by registered letter. (3) The order of the mortgage briefs shall be communicated to him by the court. The deadline must be at least three months. Unofficial table of contents

§ 5

(1) Anyone who registers a right out of the mortgage shall have the facts credibly based on which he is entitled to submit the mortgage letter, or to make it credible that he is unable to do so. As long as the application does not meet these requirements, it shall not be effective. (2) The application shall not be effective even if the applicant has the right to have a measure not legally effective in the federal territory. (3) Is not effective The decision must be taken in order to take the decision. The same shall apply where the applicant is legally established to have the right to hold the mortgage briefs, and the applicant shall make it credible that he cannot obtain the letter regardless of the letter. Unofficial table of contents

§ 6

If an application is filed which is not effective pursuant to section 5 (1), the court shall inform the notifying parties of the content of section 5 (1) and give him the opportunity to supplement the application within a period to be determined. Unofficial table of contents

§ 7

A public announcement of the exclusion decision and of the decision referred to in § 478 (3) of the Law on the Procedure in Family Matters and in the matters of voluntary jurisdiction does not take place. Unofficial table of contents

§ 8

(1) The declaration of strength of the mortgage briefs shall be carried out without an offer by decision of exclusion, if the applicant makes it credible that the immediate owner of the letter is ready to issue the letter to him, but by a person outside the (2) The same shall apply if the applicant has a legally enforceable title directed against the current direct owner, on the publication of the (3) The exclusion decision shall be the The applicant and the owner designated in the application shall be sent by registered letter. In addition, it is to be made public by the Federal Gazette (Bundesanzeiger) by means of a notice of the court and its essential content. § 435 (1) sentence 2 of the Law on the Procedure in Family Matters and in the matters of voluntary jurisdiction shall apply accordingly. Unofficial table of contents

§ 9

In the procedure laid down in the above rules, the value of the subject-matter shall be one fifth of the value of the mortgage still to be awarded to the applicant. The Court may, for special reasons, set the value differently. Unofficial table of contents

§ 10

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§ 11

(1) A exclusion decision, which is based on the provisions of this law, is the same in the general ledger procedure of a decision on exclusion, which has been made pursuant to Section 1162 of the Civil Code. (2) The issue of a new letter is toll-free. Unofficial table of contents

§ 12

In the case of a lawsuit relating to the issuing of the letter or the right from the mortgage, the court is solely responsible for the area in which the loaded property is situated. Unofficial table of contents

§ 13

The provisions of this law on mortgage letters apply analogously to primary school letters and pension school letters. Unofficial table of contents

§ 14

(1) § § 5 and 6 are to be applied in accordance with § 1170 and § 1171 of the Civil Code in accordance with § 1170 and § 1171 of the Civil Code. (2) For a legal dispute which shall be applied to the The right to the deposited amount applies, § 12 shall apply mutatily. Unofficial table of contents

§ 15

(1) This Act shall enter into force on the day after the announcement. (2) bis (4)