Law on the Law of Law (RPflG)

Unofficial table of contents

RPflG

Date of completion: 05.11.1969

Full quote:

" Law of the Law in the version of the announcement dated 14 April 2013 (BGBl. I p. 778, 2014 I p. 46), which was last amended by Article 4 of the Law of 29 June 2015 (BGBl. 1042).

Status:	New by Bek. v. 14.4.2013 I 778, 2014 I 46
	Last amended by Art. 4 G v. 29.6.2015 I 1042

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1980 + + +) 
(+ + + measures due to EinigVtr cf.  RPflG 1969 Annex EV, 
 Partially no longer to be used + + +) 

  

Heading: letter abbreviation inserted. by Art. 1 No. 1 G v. 6.8.1998 I 2030 mWv 1.10.1998
This G replaces the G 302-2 v. 8.2.1957 I 18, 44 (RPflG) mWv 1.7.1970

First section
Duties and position of the right-holder

Unofficial table of contents

§ 1 General position of the right-holder

The legal entity shall carry out the tasks of the administration of justice conferred upon it by this law. Unofficial table of contents

§ 2 Conditions for the activity as a legal care provider

(1) An official of the judicial service, who has completed a three-year preparatory service and has passed the judicial review, may be entrusted with the duties of a right-holder. In a course of study of a university of applied sciences or in a similar course of study, the preparatory service provides the official with the scientific knowledge and methods as well as the practical skills and knowledge that are necessary for the performance of the programme. the duties of a right-holder are required. The preparatory service consists of specialist studies of at least eighteen months of duration and periods of study in the field of study. Periods of study include training in the priority areas of a right-holder's duties; practical training must not be less than a year's duration. (2) The preparatory service may be authorised to: if you have a school education that entitles you to a university degree, or if you have an educational level that is recognised as equivalent. Officials of the middle judicial service may be admitted to the judicial training if they have worked for at least three years in the middle of the judicial service after the career test and, according to their personality and their previous achievements, for appear appropriate to the service as legal fledgles. The Länder can determine that the period of activity in the middle judicial service can be credited to the time of study for a period of six months. (3) With the duties of a right-holder, it may also apply to his/her application. (4) A successfully completed course of study in law up to a period of 12 months and a preparatory service according to § 5b of the German Federal Law Judicial law is to be credited up to a period of six months. To participants of an education according to § 5b of the German Judge Act, as amended by the Law of 10 September 1971 (BGBl. I p. 1557) is to be applied accordingly. (5) Referendaries can be entrusted with the temporary exercise of the business of a rightholder. (6) The Länder adopt the more detailed rules. (7) The Professional Qualification Order Act is not applicable. Unofficial table of contents

§ 3 Transmitted Stores

The following transactions shall be transferred to the legal entity:

1.

in full respect of the duties of the Local Court, which are to be carried out by the Judge in accordance with the legal provisions,

a)

Articles of association pursuant to Sections 29, 37, 55 to 79 of the Civil Code and in accordance with Book 5 of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction,

b)

further matters of voluntary jurisdiction pursuant to Section 410 of the Act on the Procedure in Family Matters and in the matters of voluntary jurisdiction, as well as the proceedings pursuant to Section 84 (2), § 189 of the Insurance contract law,

c)

the trial of the law on the procedure in family matters and in the matters of voluntary jurisdiction, in accordance with Book 8;

d)

Pachtcredit matters within the meaning of the Pachtcredit Act,

e)

Articles of register of goods in accordance with § § 1558 to 1563 of the Civil Code as well as in accordance with Book 5 of the Law on the Procedure in Family Matters and in the matters of voluntary jurisdiction, also in connection with § 7 of the German Civil Code Life Partnership Act,

f)

Documents including the receipt of the declaration,

g)

Lost property,

h)

land registers, registers of registers of registers and registers of ships, as well as the goods of the register for the rights of the deposit of aircraft;

i)

Procedures under the law on forced auction and forced management,

k)

Distribution procedures to be carried out outside enforcement in accordance with the rules laid down in the Code of Civil Procedure on the distribution procedure,

l)

Distribution procedures to be carried out outside the compulsory auction in accordance with the rules applicable to the distribution of the proceeds in the case of forced auction,

m)

Distribution procedures in accordance with § 75 (2) of the German Parcel Law, Section 54 (3) of the Land procurement law, § 119 (3) of the German Federal Act on the Construction Code and Section 94 (4) of the Federal Mining Act;

2.

Subject to the exceptions listed in § § 14 to 19b of this Act, the business of the local court in accordance with the legal provisions of the Judge in

a)

child-related matters and cases of adoption, as well as relevant civil partnerships, in accordance with Articles 151, 186 and 269 of the Act on the Procedure in Family Matters and in the matters of voluntary jurisdiction,

b)

-matters relating to care and the assignment of care-related matters in accordance with sections 271 and 340 of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction,

c)

Succession and partial cases in accordance with § 342 (1) and 2 (2) of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction,

d)

Commercial, cooperative and partnership register matters, as well as company law procedures in accordance with § § 374 and 375 of the Act on the Procedure in Family Matters and in the matters of voluntary jurisdiction,

e)

Procedures in accordance with the insolvency order,

f)

(dropped)

g)

Procedure laid down in Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (OJ L 378, 27.10.2000, p. EC No 1) and in accordance with Article 102 of the Introductory Act on Insolvency Rules and Procedures under the Implementing Act of 8 March 1985 on the German-Austrian bankruptcy treaty (BGBl. 535),

h)

Procedures in accordance with the shipping law distribution system;

i)

Procedure according to § 33 of the International Erbrechtsprocedural Act of 29 June 2015 (BGBl. 1042) on the issue, rectification, amendment or revocation of a European Certificate of Certificate, on the issue of a certified copy of a European Certificate of Certificate or the extension of the period of validity of a European Certificate of Certificate a certified copy and the suspension of the effects of a European Certificate of Certificate;

3.

the operations listed individually in Sections 20 to 24a, 25 and 25a of this Act

a)

in procedures in accordance with the Code of Civil Procedure,

b)

in fixing procedures,

c)

of the Court of First Instance in criminal and penal proceedings,

d)

in proceedings before the patent court,

e)

in the field of the inclusion of declarations,

f)

in the field of advisory assistance,

g)

in the field of family matters,

h)

in procedures relating to legal aid under the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction;

4.

the operations listed individually in Sections 29 and 31 of this Act

a)

in international legal transactions,

b)

(dropped)

c)

the public prosecutor's office in criminal proceedings and enforcement in criminal and penal matters, as well as of orders and coercive measures.

Unofficial table of contents

§ 4 Scope of the transfer

(1) The legal entity shall take all measures necessary to carry out the transactions entrusted to it. (2) The right-wing person shall not be entitled to:

1.

to order an insult or to take an oath,

2.

To threaten or order deprivation of liberty, unless it is a measure of enforcement

a)

a custodial sentence in accordance with § 457 of the Code of Criminal Procedure or an administrative detention pursuant to Section 890 of the Code of Civil Procedure,

b)

a measure of improvement and security in accordance with § 463 of the Code of Criminal Procedure or

c)

Enforcing the law in accordance with § 97 of the Law on Administrative Offences

.

(3) If the right-wing action is to be held in respect of which he is not competent pursuant to paragraph 2 (1) and (2), he shall therefore submit the case to the judge for a decision. Unofficial table of contents

§ 5 Presentation to the Judge

(1) The judicial authorities shall submit to the judge the transactions carried over to him if:

1.

the processing of the case results in a decision of the Federal Constitutional Court or of a court of a country competent for constitutional disputes to be obtained under Article 100 of the Basic Law;

2.

there is such a close connection between the transferred business and a business that is to be held by the judge that separate treatment is not relevant.

(2) The legal entity may submit to the judge the transferred business if the application of foreign law is contemplated. (3) The items submitted shall be processed by the judge as long as he deems it necessary. He can return the stuff to the right-wing. If the judge returns a case to the legal entity, the judge shall be bound by a legal opinion communicated by the judge. Unofficial table of contents

§ 6 Processing of transferred goods by the judge

If a transaction is carried out in such a close connection with a business carried out by the judge that separate processing would not be appropriate, the judge shall deal with the whole matter. Unofficial table of contents

Section 7 Determination of the competent organ of the administration of justice

In the event of a dispute or uncertainty as to whether a business is to be processed by the judge or the legal entity, the judge shall decide on the jurisdiction by decision. The decision shall be indisputable. Unofficial table of contents

§ 8 Validity of transactions

(1) If the judge has carried out a transaction which is transferred to the legal entity, the effectiveness of the business shall not be affected thereby. (2) If the legal entity has exercised a business which the judge has transferred to him pursuant to this Act The business is not therefore ineffective because the transfer has not been granted or the conditions for the transfer in the individual case were not given. (3) A business is not ineffective because it is contrary to § 5 of the German law-making law. (4) If the legal entity has a business of the judge , the transaction shall be ineffective, if it is not entrusted to it under this Act or may be transferred. This does not apply if the business was assigned to the legal entity by a decision in accordance with § 7. (5) If the legal entity has exercised a business of the official customer of the office, then the effectiveness of the business is not thereby touched. Unofficial table of contents

§ 9 Freedom of instructions of the right-party

The legal entity is factually independent and is subject only to law and law. Unofficial table of contents

Section 10 exclusion and rejection of the right-holder

For the exclusion and rejection of the right-holder, the rules applicable to the judge shall be applied accordingly. The judge shall decide on the refusal of the right-holder. Unofficial table of contents

Section 11 Legal remedies

(1) The right to appeal against the decisions of the right-holder is the right to appeal under the general procedural rules. (2) May be subject to the decision in accordance with the general procedural rules In the event of an appeal, the reminder shall be held within a period of two weeks. If the reminder guide has not complied with the deadline without his fault, he must be granted reinstatement in the previous stand upon request, if he sets the reminder within two weeks of the removal of the obstacle and the facts, which would give rise to reinstatement, to be credible. A lack of debt will be presumed if an appeal is not provided or if it is defective. The reinstatment can no longer be requested after the end of a year, from the end of the missed time limit. The legal plea can help the memory. Reminders of which he does not help, he submits to the judge for decision. In addition, the provisions of the Code of Civil Procedure on the immediate appeal are to be applied in accordance with the provisions of the Code of Civil Procedure. (3) Judicial orders, decisions or certificates issued in accordance with the provisions of the Basic Order, the It is not possible to challenge the memory of the ship's register or of the law on the proceedings in family matters and in the matters of voluntary jurisdiction and cannot be changed any more. The memory is also excluded in the cases of § § 694, 700 of the Code of Civil Procedure and against the decisions on the granting of a voting right (§ 77 of the Insolvency Code). (4) The reminder procedure is free of court fees. Unofficial table of contents

§ 12 Designation of the right-holder

In correspondence and in the reception of documents in transferred matters, the legal plea of his signature shall attach the word "legal consignor". Unofficial table of contents

§ 13 Exclusion of the law enforcement

§ 78 (1) of the Code of Civil Procedure and Section 114 (1) of the Act on the Procedure in Family Matters and in the matters of voluntary jurisdiction shall not apply to proceedings before the right-hand-care provider.

Second section
The judge's reserved business in family matters and in the field of voluntary jurisdiction, as well as in insolvency proceedings and shipping-law distribution procedures

Unofficial table of contents

Section 14 Child and adoption matters

(1) The judge shall reserve the right to the family court in respect of child and adoption matters as well as the relevant life-partnership matters:

1.

procedures to determine the existence or non-existence of the parental concern of a person concerned for the other;

2.

the measures taken pursuant to Section 1666 of the Civil Code to avert the risk of the child's physical, mental or mental wellbeing;

3.

the transfer of parental concern in accordance with § § 1626a, 1671, 1678 (2), § 1680 (2) and (3), and § 1681 (1) and (2) of the Civil Code;

4.

the decision to transfer matters of parental concern to the carer in accordance with Section 1630 (3) of the Civil Code;

5.

the decision of disagreement between the persons entitled to custody;

6.

(dropped)

7.

the regulation of personal change between parents and children, as well as children and third parties pursuant to § 1684 (3) and (4), § 1685 (3) and § 1686a (2) of the Civil Code, the decision on the restriction or exclusion of the Right to the sole decision in matters of daily life according to § § 1687, 1687a of the Civil Code as well as to disputes concerning a matter pursuant to § 1632 (2) of the Civil Code;

8.

the decision on the right to surrender of a child under Section 1632 (1) of the Civil Code and the decision on the child's stay with the caregider under § 1632 (4) or with the spouse, life partner or Persons entitled to access pursuant to § 1682 of the Civil Code;

9.

the arrangement of a care or a parish on the basis of the provisions of the law, insofar as the family court is competent to do so;

10.

the arrangement of a guardianship or a parish of a national of a foreign country, including the provisional measures laid down in Article 24 of the Introductory Act to the Civil Code;

11.

the measures concerning religious parenting in accordance with § 1801 of the Civil Code, as well as sections 2, 3 and 7 of the Law on Religious Parenting;

12.

the replacement of consent

a)

of a person entitled to a legal transaction;

b)

a legal representative of the custody declaration of a restricted business parent pursuant to § 1626c (2) sentence 1 of the Civil Code,

c)

the legal representative for the confirmation of marriage pursuant to § 1315 (1) sentence 3, second half-sentence of the Civil Code;

13.

the exemption from the requirement of majority pursuant to Section 1303 (2) of the Civil Code and the authorisation of a marriage without this exemption pursuant to Article 1315 (1), first sentence, point 1 of the Civil Code;

14.

the directions mentioned in the juvenile justice act, with the exception of the appointment of a pastor in accordance with the third sentence of § 67 (4) of the Juvenile Justice Act;

15.

the replacement of consent or consent to an acceptance as a child pursuant to § 1746 (3) and § § 1748 and 1749 (1) of the Civil Code, the decision on acceptance as a child including the decision on the The name of the child according to § § 1752, 1768 and 1757 (4) of the Civil Code, the approval of the child's consent to the acceptance in accordance with § 1746 (1) sentence 4 of the Civil Code, the cancellation of the acceptance ratio according to § § § § § § § § 1760, 1763 and 1771 of the Civil Code as well as the decisions pursuant to § 1751 (3), § 1764 Paragraph 4, Section 1765 (2) of the Civil Code and the Act of Adoption Act of 5 November 2001 (BGBl. 2950, 2953), in so far as they contain a judicial decision;

16.

the exemption from the prohibition of the marriage of the relatives established by the acceptance as a child in the sidelines in accordance with § 1308 (2) of the Civil Code;

17.

the authorisation for the application for divorce or annulment of the marriage or for the annulment of the life partnership by the legal representative of an incapacitated spouse or partner in accordance with § 125 (2) sentence 2, § 270 (1) sentence 1 of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction.

(2) The measures and arrangements according to § § 10 to 15, 20, 21, 32 to 35, 38, 40, 41, 44 and 47 of the International Family Law Procedure Act of 26 January 2005 (BGBl. 162), in so far as these are the responsibility of the Family Court, shall be reserved for the Judge. Unofficial table of contents

Section 15 Support matters and matters relating to the provision of care

(1) From the matters which are transferred to the care court, the judge shall reserve the right to:

1.

(b) directions pursuant to § § 1896 to 1900, 1908a and 1908b (1), (2) and (5) of the Civil Code and the subsequent appointment of a new maintainer;

2.

the appointment of a new maintainer in the case of the death of the supervisor according to § 1908c of the Civil Code;

3.

§ 1908d of the Civil Code, § 291 of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction;

4.

Bans on the basis of § § 1903 to 1905 of the Civil Code;

5.

the arrangement of a care or a parish on a national of a foreign country, including the provisional measures laid down in Article 24 of the Introductory Act to the Civil Code;

6.

the arrangement of a care or a deposit on the basis of the rules on the provision of services;

7.

the decisions pursuant to § 1908i (1) sentence 1 in conjunction with § 1632 (1) to (3), § 1797 (1) sentence 2 and § 1798 of the Civil Code;

8.

the authorisation under Section 6 of the Law on voluntary castration and other treatments;

9.

the authorization pursuant to § 3 (1) sentence 2 as well as in accordance with § 6 (2) sentence 1, § 7 (3) sentence 2 and § 9 (3) sentence 1, respectively in conjunction with § 3 paragraph 1 sentence 2 of the law on the amendment of the first names and the determination of the Gender in special cases;

10.

the authorisation for the application for divorce or annulment of the marriage or for the annulment of the life partnership by the legal representative of an incapacitated spouse or partner in accordance with § 125 (2) sentence 2, § 270 (1) sentence 1 of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction.

Sentence 1 (1) to (3) shall not apply if the above-mentioned references relate only to the care provided for in Article 1896 (3) of the Civil Code. (2) The measures and arrangements according to § § 6 to 12 of the Civil Code Adult protection income implementation law of 17 March 2007 (BGBl. 314) shall be reserved for the Judge. Unofficial table of contents

§ 16 Submission and Submission matters; European Certificate of Succession

(1) The judge shall reserve the right in succession and part of the case

1.

the business of the succession court, which is required in the case of a succession administration or succession administration, in so far as it complies with the transactions in child matters excluded under section 14 of this law;

2.

the appointment of executors of wills (§ 2200 of the Civil Code);

3.

the decision on applications to override an order made by the deceased for the management of the estate by the latter's disposal (Article 2216 (2), second sentence, of the Civil Code);

4.

the decision of disagreement between several executors (Section 2224 of the Civil Code);

5.

the dismissal of a executor of a wills for an important reason (Section 2227 of the Civil Code);

6.

the issuing of inheritance certificates (§ 2353 of the Civil Code) as well as certificates in accordance with § § 36, 37 of the basic book order or § § 42, 74 of the ship registry order, provided that there is a disposition of death due to death or the application of foreign In addition, the issue of executors of wills (§ 2368 of the Civil Code) is also considered;

7.

the confiscation of hereditary certificates (§ 2361 of the Civil Code) and of certificates according to § § 36, 37 of the Basic Book Order and § § 42, 74 of the ship registry order, if the vouchers or certificates are issued by the judge or because of an order , as well as the confiscation of executors of wills (§ 2368 of the Civil Code) and of testimonies concerning the continuation of a community of goods (§ 1507 of the Civil Code).

(2) In proceedings relating to the European Certificate of Succession, the exhibition, rectification, amendment or revocation of a European Certificate of Succession (Section 33 (1) of the International Criminal Procedure Act) shall remain in force and shall remain the subject of the Suspension of the effects of a European Certificate of Succession (Section 33 (3) of the International Criminal Procedure Act) reserved for the Judge, provided that there is a disposition of death on the ground or if the application of foreign law is contemplated. (3) If, in spite of the provision of a disposition of death, the legal The judge can transfer the following matters to the right-of-law to the court of law:

1.

the issuing of a certificate of inheritance;

2.

the issuing of a European Certificate of Succession;

3.

the issuing of a certificate in accordance with § § 36 and 37 of the basic book order or the § § 42 and 74 of the ship register order.

The legal entity is bound by the opinion of the judge, which he has also shared. Unofficial table of contents

Section 17 Register matters and corporate procedures

In commercial, cooperative and partnership register matters, as well as in corporate legal proceedings under the Book 5 of the Law on the Procedure in Family Matters and in the matters of voluntary jurisdiction, the judge shall remain reserved

1.

in the case of public limited liability companies, limited partnerships on shares, limited liability companies and mutual insurance associations, the following provisions shall apply to the court of the seat and, if it is a company established abroad, In the case of the Court of the branch:

a)

on the first registration,

b)

on the registration of changes in the statutes which are not limited to the text,

c)

on registration of the integration or transformation,

d)

on the registration of the existence, modification or termination of a business contract,

e)

on deletion in the commercial register in accordance with § § 394, 395, 397 and 398 of the Act on the Procedure in Family Matters and in the matters of voluntary jurisdiction and in accordance with Section 4 (3) sentence 1 of the Insurance Supervision Act,

f)

Decisions pursuant to § 399 of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction;

2.

the operations to be carried out under Section 375 (1) to (6), (9) to (14) and (16) of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction, with the exception of those dealing with:

a)

Section 146 (2), § 147 and Article 157 (2) of the Commercial Code,

b)

Section 166 (3) and section 233 (3) of the Commercial Code,

c)

Section 264 (2), Section 273 (4) and Section 290 (3) of the German Stock Corporation Act,

d)

§ 66 (2), (3) and (5) and 74 (2) and (3) of the Act concerning limited liability companies,

e)

(dropped)

regulated transactions.

Unofficial table of contents

Section 18 Insolvency proceedings

(1) In proceedings in accordance with the insolvency order, the judge shall reserve the right to:

1.

the procedure until the decision on the opening request, including this decision and the appointment of the insolvency administrator and the procedure on a debt settlement plan in accordance with sections 305 to 310 of the Insolvency Code,

2.

the proceedings relating to an insolvency plan in accordance with § § 217 to 256 and Articles 258 to 269 of the Insolvency Code,

3.

in the event of an application by the debtor to grant the remaining debt exemption, the decisions pursuant to § § 287a, 290, 296 to 297a and 300 of the insolvency order if an insolvency creditor applies for the failure of the remaining debt exemption, and the decision on the revocation of the residual debt exemption in accordance with section 303 of the Insolvency Code,

4.

Decisions in accordance with § § 344 to 346 of the Insolvency Code.

(2) The judge may reserve the right to insolvency proceedings in whole or in part if he considers this to be necessary. If he no longer considers the reservation necessary, he may transfer the proceedings to the legal entity. Even after the transfer, he/she may withdraw the proceedings if and as long as he considers it necessary. (3) If the decision of the right-party to the right to vote on the right to vote in accordance with § 77 of the Insolvency Order has been reached of a vote, the judge may, at the request of a creditor or the insolvency administrator, reestablish the right to vote and order the repetition of the vote; the request may only be made until the end of the term in which: the vote will take place. (4) An official on the sample may be appointed in the first year after his appointment Do not carry out the business of the right-holder in insolvency matters. Right-wing parties in insolvency matters shall have the necessary knowledge of insolvency law and basic knowledge of commercial and company law and the necessary parts of the labour, social and tax law and of the law of insolvency proceedings and of the Accounting systems. A legal entity whose knowledge in these areas is not covered may be assigned the duties of a right-holder in insolvency matters only if the acquisition of the knowledge is to be expected as soon as possible. Unofficial table of contents

§ 19 Waiver of the right to judge

(1) The State Governments shall be empowered to repeal, in whole or in part, the reservation of rights specified in the preceding provisions by means of a regulation in so far as they concern:

1.

the transactions in accordance with Articles 14 (1) (9) and (10) and (15) (1) (1) (1) (1) to (6), insofar as they do not take the decision on the arrangement of supervision and the determination of the carer's duties on the basis of the § § 1896 and 1908a of the Civil Code as well as the directions on the basis of § § 1903 to 1905 and 1908d of the Civil Code and of § 278 (5) and § 283 of the Law on the Procedure in Family Matters and in the Issues of Voluntary Work jurisdiction;

2.

the operations referred to in Article 16 (1) (1), in so far as they correspond to the transactions in child matters excluded pursuant to Article 14 (1) (9) and (10) of this Act;

3.

the operations referred to in Article 16 (1) (2);

4.

the operations referred to in Article 16 (1) (5), in so far as the deceased did not appoint the executor of the executor himself or appointed a third party to appoint him;

5.

the operations referred to in Article 16 (1) (6) and (7) and (2);

6.

the transactions in accordance with Section 17, point 1.

The State Governments may delegate the authorisation to the Land Justice Administrations. (2) In the Regulation referred to in paragraph 1, provision should be made for the right-wing party to submit the proceedings to the Judge for further processing, to the extent that: (3) Insofar as the authorization referred to in paragraph 1 (1) makes use of the choice and appointment of a carer, the following shall be taken into consideration: the provisions of the Law on the Procedure in Family Matters and in the To apply the matter of the voluntary jurisdiction over the appointment of a supervisor also for the arrangement of a care and determination of the task price of the supervisor in accordance with § 1896 of the Civil Code. Unofficial table of contents

§ 19a Procedure in accordance with international insolvency law

(1) In proceedings pursuant to Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (OJ L 327, 30.4.2000, p. EC No 1) and in accordance with Article 102 of the Introductory Act to the Insolvency Code shall be reserved for the Judge:

1.

the cessation of insolvency proceedings in favour of the courts of another Member State pursuant to Article 102 (4) of the Introductory Act to the Insolvency Code,

2.

the arrangement of precautionary measures in accordance with Article 38 of Regulation (EC) No 1346/2000.

(2) In the proceedings under the German-Austrian bankruptcy contract of 8 March 1985 (BGBl. 535) shall be reserved for the Judge:

1.

the cessation of proceedings in favour of the Austrian courts (§ § 3, 24 of the Implementing Act),

2.

the appointment of a special liquidate or special settlement manager if the concourse or settlement manager has been appointed by the judge (§ § 4, 24 of the Implementing Act),

3.

the arrangement of coercive measures, including detention (§ § 11, 15, 24 of the Implementing Act),

4.

the decision on the Postal Lock (§ § 17, 24 of the Implementing Act).

Unofficial table of contents

§ 19b Shipowners ' legal distribution procedure

(1) In the proceedings according to the shipping law distribution order, the judge shall reserve the right to:

1.

the procedure until the decision on the opening request, including this decision and the nomination of the expert;

2.

the decision to supplement or otherwise guarantee a safety which has become insufficiently safe in the course of the proceedings (Section 6 (5) of the Shipping Law Distribution Regulations);

3.

the decision on the extension of the procedure to claims for personal injury (§ § 16, 30 and 44 of the shipping-law distribution order);

4.

the decision to authorise a compulsory enforcement pursuant to Article 17 (4) of the shipping law distribution order;

5.

the order to retain the distribution of shares in accordance with Article 26 (5) of the Shipowners ' Distribution Regulations.

(2) The judge may reserve the right to distribute the distribution in whole or in part if he considers this to be necessary. If he no longer considers the reservation necessary, he may transfer the proceedings to the legal entity. Even after the transfer, it may reapply the procedure if and as long as it considers it necessary.

Third Section
Transactions carried over to the legal service pursuant to Section 3 (3)

Unofficial table of contents

Section 20 Civil litigation

(1) The following transactions in the procedure in accordance with the Code of Civil Procedure shall be transferred to the Legal Service:

1.

the order for payment in accordance with the Seventh Book of the Code of Civil Procedure, including the determination of the opposition period in accordance with Section 700 (1) in conjunction with Section 339 (2) of the Code of Civil Procedure and the levy on the proceedings as a result of the contested procedure as The Court of First Instance, which is the competent authority, shall also be responsible for the processing of such proceedings; however, the dispute proceedings shall be reserved to the judge;

2.

(dropped)

3.

the decisions to be taken in the case of the restitution of collateral, in accordance with § 109, 715 of the Code of Civil Procedure;

4.

in the procedure for legal aid

a)

the measures referred to in Article 118 (2) of the Code of Civil Procedure, including the assessment of comparisons in accordance with Article 118 (1) sentence 3, second sentence, if the Chairman is responsible for the application of the right-wing party;

b)

the determination of the timing of the adjustment and a resumption of payments pursuant to Section 120 (3) of the Code of Civil Procedure;

c)

the modification and cancellation of the approval of legal aid in accordance with § § 120a, 124 (1) (2) to (5) of the Code of Civil Procedure;

5.

the procedure for granting legal aid in cases where, outside or after the conclusion of a judicial procedure, the granting of legal aid is requested only for the enforcement of the law; however, the procedure shall remain: Judges reserve the right to grant legal aid in cases where enforcement is the responsibility of the trial court or in which the legal aid for legal proceedings or defence is requested, which requires any other judicial action;

6.

in the case of cross-border legal aid within the European Union, the measures referred to in § 1077 of the Code of Civil Procedure and the decisions of the Enforcement Court in accordance with Section 1078 of the Code of Civil Procedure; if legal aid is requested for legal proceedings or legal defence, which requires a judicial act, the decision is reserved for the judge in accordance with § 1078 of the Code of Civil Procedure;

6a.

the decisions pursuant to Section 22 (3) of the German Law on Maintenance of Maintenance of 23 May 2011 (BGBl. 898);

7.

the European order for payment procedure within the meaning of Section 5 of the Eleventh Book of the Code of Civil Procedure, including the discharge to the court designated as competent in the case of the dispute, including the European order for payment of payment by machine ; however, the review of the European order for payment and the dispute shall be reserved for the judge;

8.

(dropped)

9.

(dropped)

10.

the preparation of an extract referred to in Article 20 (1) (b) of Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in Maintenance matters;

11.

The exhibition, the correction and the revocation of a confirmation in accordance with § § 1079 to 1081 of the Code of Civil Procedure, the exhibition of confirmation pursuant to § 1106 of the Code of Civil Procedure and the issue of the certificate pursuant to § 1110 of the Code of Civil Procedure Civil procedure;

12.

the issuance of the enforceable copies in the cases of § 726 (1), § 727 to 729, 733, 738, 742, 744, 745 (2) and § 749 of the Code of Civil Procedure;

13.

the issuance of further enforceable copies of judicial documents and the decision on the application for the issuance of further enforceable copies of notarial documents in accordance with § 797 (3) of the Code of Civil Procedure and § 60 sentence 3 Number 2 of the Eighth Book Social Code;

14.

the order that the party, which has had an arrest warrant or an injunction, has to bring an action within a period to be determined (Section 926 (1), Section 936 of the Code of Civil Procedure);

15.

the decision on requests for the cancellation of a full arrest against the deposit of the amount of money set out in the arrest warrant (Section 934 (1) of the Code of Civil Procedure);

16.

the seizure of claims and the arrangement of the seizure of registered ships or shipbuilders from an arrest warrant, in so far as the Arrest command does not at the same time contain the seizure decision or the order of the seizure;

16a.

the arrangement that the item is auctioned and the proceeds shall be deposited, in accordance with § 21 of the Recognition and Enforcement Execution Act of 19 February 2001 (BGBl. 288, 436), in accordance with § 51 of the German Law on Maintenance Abroad of 23 May 2011 (BGBl. 898) and in accordance with Article 17 of the International Criminal Procedure Act (ICP);

17.

the transactions in the enforcement proceedings in accordance with the Eighth Book of the Code of Civil Procedure, insofar as they are carried out by the Enforcement Court, a court requested by that court, or in the cases of § § 848, 854, 855 of the Code of Civil Procedure of another The District Court or the Distribution Court (Section 873 of the Code of Civil Procedure) must be dealt with. However, the judges reserve the right to take decisions in accordance with § 766 of the Code of Civil Procedure.

(2) The State Governments are authorized to determine by means of law that the examination of the personal and economic circumstances in accordance with § § 114 to 116 of the Code of Civil Procedure, including the provisions of § 118 (2) of the Code of Civil Procedure, shall be determined. The Code of Civil Procedure, the assessment of comparisons in accordance with § 118 (1) sentence 3 of the Code of Civil Procedure and the decisions pursuant to Section 118 (2) sentence 4 of the Code of Civil Procedure shall be carried out by the Legal Fleyer, if the Chairman shall transmit the proceedings to the legal entity in so far as it is appropriate. In this case, Section 5 (1) (2) shall not apply. If the conditions for the approval of the legal aid are not available, the legal entity shall issue the decision negative to the application; otherwise, the legal entity shall note in the process files that the applicant has been informed of the application. (3) The national governments may apply the authorization referred to in paragraph 2 to the following conditions: the following: National justice administrations. Unofficial table of contents

Section 21 Festating procedure

The following transactions in the committing procedure shall be transferred to the legal entity:

1.

the fixing of the costs in cases in which § § 103ff. of the Code of Civil Procedure;

2.

the determination of the remuneration of the lawyer according to § 11 of the Law Remuneration Act;

3.

the fixing of the court costs under the laws and regulations governing the execution of contracts with foreign states on mutual legal assistance, as well as the recognition and enforcement of judgments and other debt instruments in civil and commercial matters; and Commercial matters.

Unofficial table of contents

Section 22 Judicial transactions in criminal and fine-fine proceedings

Judicial transactions in criminal and penal proceedings shall be transferred to the legal entity:

1.

the transactions in the execution of the seizure (§ 111f paragraph 2 of the Code of Criminal Procedure, § 46 (1) of the Law on Administrative Offences),

2.

the transactions in the execution of the arrest and the arrangement of the emergency sale and the other orders during their execution (§ 111f paragraph 3 sentence 3, § 111l of the Code of Criminal Procedure, § 46 (1) of the Law on Administrative Offences), in so far as the relevant transactions are transferred to the judicial network in the foreclos-enforcement and arrest procedures,

3.

the decision on requests for determination in accordance with § 52 (2) and § 53 (3) of the Law Remuneration Act (Rechtsanwaltsremuneration Act).

Unofficial table of contents

§ 23 Procedure before the patent court

(1) In the proceedings before the patent court, the following transactions shall be transferred to the legal-care provider:

1.

the decisions to be taken in accordance with § § 109, 715 of the Code of Civil Procedure in connection with Section 99 (1) of the Patent Act in the case of the restitution of securities in the cases of § 81 (6) and 85 (2) and (6) of the Patent Act, and § 20 of the Utility Model Law;

2.

in the case of legal aid (§ § 129 to 137 of the Patent Law, § 21 paragraph 2 of the German Utility Model Act, § 24 of the Design Act, § 11 paragraph 2 of the Semiconductor Protection Act, § 36 of the Plant Variety Protection Act) the measures referred to in § 20, point 4;

3.

(dropped)

4.

the claim that a lawsuit, a request for an injunction, an application for a court decision in opposition proceedings and a complaint are deemed not to have been filed (Section 6 (2) of the Patent Costs Act) or a lawsuit pursuant to § 81 (6) Sentence 3 of the Patent Law shall be deemed to be withdrawn;

5.

the determination of a time limit for the subsequent submission of the written authorisation (§ 97 paragraph 5 sentence 2 of the patent law, § 18 paragraph 2 of the utility model law, § 4 paragraph 4 sentence 3 of the Semiconductor Protection Act, § 81 paragraph 5 sentence 3 of the Trademark Act, § 23 (4) sentence 3 of the Design Act);

6.

(§ § 125 (1) of the Patent Act, § 18 (2) of the German Utility Model Act, § 4 (4) of the German Patent Act, § 4 (4) of the German Patent Act) Sentence 3 of the Semiconductor Protection Act);

7.

the call for the appointment of a representative in accordance with § 25 of the Patent Law, § 28 of the German Utility Model Act, § 11 paragraph 2 of the Semiconductor Protection Act, § 96 of the Trademark Act, § 58 of the Design Act;

8.

(dropped)

9.

the issuance of the enforceable copies in the cases of § 20 point 12 of this Act in conjunction with Section 99 (1) of the Patent Act, Section 18 (2) of the German Utility Model Act, § 4 (4) sentence 3 of the Semiconductor Protection Act, § 82 paragraph 1 of the Trademark Act, Section 23 (4) sentence 3 of the Design Act;

10.

the issuance of further enforceable copies of judicial documents in accordance with § 797 (3) of the Code of Civil Procedure in conjunction with Section 99 (1) of the Patent Act, Section 18 (2) of the German Utility Model Act, § 4 (4) sentence 3 of the Code of Civil Procedure Semiconductor Protection Act, Section 82 (1) of the Trademark Act, Section 23 (4) sentence 3 of the Design Act;

11.

the decision to grant access to a third party for access to the file, provided that no party raises objections and that it is not a file of patent applications, patents, utility model applications, utility models, registered or registered applications, or § § § 9, Section 2 of the Semiconductor Protection Act, § § 82 (3) of the Trademark Act, § 82 (3) of the Trademark Act, § 23 (3) of the German Patent Act (4) sentence 3 of the Design Act);

12.

the fixing of the costs in accordance with § § 103ff. of the Code of Civil Procedure in conjunction with Section 80 (5), Section 84 (2) sentence 2, § 99 (1), § 109 (3) of the Patent Act, § 18 Paragraph 2 of the German Utility Model Act, § 4 (4) sentence 3 of the Semiconductor Protection Act, § 71 (5), § 82 (1), § § 82 (1). 90 (4) of the Trademark Act, Section 23 (2) and (3) of the Design Act;

13.

the issuance of the enforceable copies in the cases of § 125i of the Trademark Act and § 64 of the Design Act.

(2) The memory shall be admissible against the decisions of the right-holder referred to in paragraph 1. It shall be submitted within a period of two weeks. § 11 (1) and (2) sentence 1 shall not apply. Unofficial table of contents

Section 24 Reception of declarations

(1) The following business activities shall be transferred to the legal entity:

1.

the inclusion of statements on the filing and justification of

a)

the legal complaint and the further complaint,

b)

the revision in criminal matters;

2.

the acceptance of a request for a retrial (§ 366 (2) of the Code of Criminal Procedure, § 85 of the Code of Administrative Offences).

(2) Furthermore, the legal entity shall include:

1.

other remedies, in so far as they are justified at the same time;

2.

Actions and pleas;

3.

other applications and declarations which may be made to the minutes of the office, in so far as they are comparable with the difficulty and importance of the transactions referred to in points 1 and 2 of this Article.

(3) § 5 shall not apply. Unofficial table of contents

§ 24a Advisory Assistance

(1) The following transactions shall be transferred to the legal entity:

1.

the decision on requests for and waiver of advisory assistance, including cross-border advice in accordance with Section 10 (4) of the Advisory Assistance Act;

2.

the operations assigned to the Local Court pursuant to Section 3 (2) of the Advisory Assistance Act.

(2) § 11 (2) sentences 1 to 4 and paragraph 3 shall not apply. Unofficial table of contents

Section 24b Mutual Assistance

(1) The State Governments are authorized to transfer the business of mutual assistance to the legal entity through a regulation of the law. (2) The State Governments may transfer the authorization to the State Justice Administrations. Unofficial table of contents

Section 25 Other business activities in the field of family matters

The following further transactions in family matters, including the relevant life partnership cases, shall be transferred to the legal entity:

1.

(dropped)

2.

in matters relating to maintenance

a)

Procedure in accordance with Section 231 (2) of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction, insofar as not a procedure pursuant to Section 231 (1) of the Act on the Procedure in Family Matters and in the Matters of voluntary jurisdiction are pending,

b)

the citation of a maintenance title in accordance with Section 245 of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction,

c)

the simplified procedure for the maintenance of minors;

3.

in the case of goods

a)

the replacement of the consent of a spouse, life partner or descendant in accordance with Section 1452 of the Civil Code,

b)

the decision on the payment of a compensation and transfer of property pursuant to sections 1382 and 1383 of the Civil Code, also in conjunction with Section 6, sentence 2 of the Life Partnership Act, with the exception of the Decision in the case of Section 1382 (5) and § 1383 (3) of the Civil Code, also in conjunction with Section 6 sentence 2 of the Life Partnership Act, respectively,

c)

the decision on the recovery of a compensation and transfer of assets in accordance with Article 1519 of the Civil Code in conjunction with the second sentence of Article 12 (2) and Article 17 of the Agreement of 4 February 2010 between the Federal Republic of Germany and the French Republic on the state of the goods of the election-grant community, in connection with Section 7 of the Life Partnership Act, in so far as no legal dispute is pending on the compensation claim;

4.

in proceedings under the EU Anti-Violation Procedure Act of 5 December 2014 (BGBl. (c) 1964) the issue of certificates referred to in Article 5 (1) and Article 14 (1) of Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12 June 2013 on the mutual recognition of safeguard measures in Civil matters (OJ 4), as well as its correction and repeal, in accordance with Article 9 (1) of Regulation (EU) No 606/2013.

Unofficial table of contents

Section 25a procedural aid

In procedures relating to legal aid, the legal entity shall be transferred to the business of Article 20 (1) (4) and (5). Section 20 (2) and (3) shall apply accordingly.

Fourth Section
Other provisions in the field of judicial constitution

Unofficial table of contents

Section 26 Relationship between the legal person and the office of the office of the office of the office

The jurisdiction of the official of the office of the office in accordance with the statutory provisions remains unaffected, insofar as it is not from § 20 sentence 1, point 12 (to § § 726ff. of the Code of Civil Procedure), Section 21 (1) (Enforcement) and Section 24 (Declarations of Declarations). Unofficial table of contents

§ 27 obligation to carry out other services

(1) The employment of an official as a legal entity shall not affect his duty to carry out other services, including the business of the office of the office of the Office of the Office of the Office. (2) The provisions of this Act shall be applicable to: other business operations of an official entrusted with the duties of the right-holder. Unofficial table of contents

Section 28 Permanent Judge

To the extent that, in matters relating to the right of self-employed persons, the law of the Judges is to be dealt with, the court of law to be determined in accordance with the general rules of procedure shall be responsible for this in the case of the respective judges. Duties prescribed by the official act.

Fifth Section
Transactions carried over in other areas by the legal entity

Unofficial table of contents

Section 29 Business in international legal transactions

The following tasks shall be entrusted to the judicial network:

1.

the execution of foreign requests for delivery, which is legally assigned to the office of the Local Court;

2.

the receipt of requests for support in maintenance matters in accordance with § 7 of the German Law on Maintenance of Maintenance of 23 May 2011 (BGBl. 898), as well as the decision on applications pursuant to § 10 paragraph 3 of the German Law on Maintenance of Maintenance;

3.

the receipt of requests pursuant to section 42 (1) and the decision on applications pursuant to § 5 paragraph 2 of the International Family Law Procedure Act of 26 January 2005 (BGBl. 162).

Unofficial table of contents

§ 30 (omitted)

Unofficial table of contents

Section 31 Transactions of the Public Prosecutor's Office in criminal proceedings and enforcement in criminal and penal matters, as well as of orders of order and coercive

(1) From the offices of the Public Prosecutor's Office in criminal proceedings shall be transferred to the right-wing-care provider:

1.

the transactions in the execution of the seizure (Section 111f (2) of the Code of Criminal Procedure),

2.

the transactions in the execution of the seizure and enforcement of the arrest, as well as the arrangement of the emergency sale and the other orders in the execution thereof (§ 111f (1), (3), § 111l of the Code of Criminal Procedure), to the extent that the relevant Transactions in enforcement and arbitral proceedings shall be transferred to the right-wing-care provider.

(2) The transactions carried out by the executing authority in criminal and fine matters shall be transferred to the right-wing entity. Excluded are decisions pursuant to Section 114 of the Juvenile Justice Act. Sentence 1 shall apply mutagenic to the extent to which the public prosecutor's office is enforceable. (2a) The right-wing party shall submit to the Public Prosecutor the matters transferred to him pursuant to the first sentence of paragraph 2, if:

1.

he or she wishes to depart from a public prosecutor's opinion, or

2.

there is such a close link between the transferred business and a transaction to be carried out by the public prosecutor that separate processing is not relevant, or

3.

an order or coercive means is imposed by the Public Prosecutor and the public prosecutor reserves the right to submit it in whole or in part.

(2b) The legal entity may submit the transactions transferred to it pursuant to the first sentence of paragraph 2 to the Public Prosecutor if:

1.

give rise to concerns about the admissibility of enforcement, or

2.

a judgment is to be enforced which is contested by a co-defendant with the revision.

(2c) The cases submitted shall be processed by the Public Prosecutor, as long as he considers it necessary. He can return the stuff to the right-wing. The right-wing party shall be bound by a legal opinion or instructions given in this connection. (3) The judicial enforcement of orders and coercive means shall be transferred to the right-wing party, unless the judge in the individual case has (4) (omitted) (5) The management of the execution in the juvenile criminal proceedings shall be reserved for the judge. The right-wing party shall be transferred to the business of execution by means of which a judicial order for enforcement or a general administrative provision which does not apply to the management of the execution is carried out. The Federal Minister of Justice is authorized, by means of a decree law with the consent of the Federal Council, to transfer to the judicial authorities non-judicial transactions in the field of enforcement in the juvenile criminal proceedings, provided that the management of the Enforcement by the Jugendrier is impaired or the enforcement business is impaired because of its legal difficulty, because of the importance for the person concerned, especially for educational reasons, or to secure a uniform Legal application must be reserved for the execution manager. The judge may order the submission of transferred enforceable transactions. (6) The right of appeal against the measures of the rightholder is the appeal which is admissible under the general procedural rules. If an appeal is not given, the judge or the public prosecutor shall decide on objections, in the place of which the right-wing party has acted. He may give instructions to the right-wing person. The powers of the head of the authorities under § § 145, 146 of the Law on Judith Law shall remain unaffected. (7) Furthermore, federal and state law provisions governing the execution of financial penalties in the administrative forcibly proceeding shall remain unaffected. rules. Unofficial table of contents

Section 32 Non-applicable provisions

§ § 5 to 11 shall not apply to the transactions carried out pursuant to § § 29 and 31 of the right-of-law-care provider.

Sixth Section
Final provisions

Unofficial table of contents

Section 33 Regulation for the transitional period; empowerment to the Office of the District notary

(1) Legal officers who do not fulfil the requirements of § 2 may be entrusted with the duties of a right-holder if they have passed the examination for the senior judicial service before 1 September 1976 under the applicable rules. (2) The duties of a legal person may also be entrusted to a civil servant of the judicial service in the country where he/she is responsible for the duties of the judicial authorities. Baden-Wuerttemberg has acquired the competence to the office of the district notars.

*

Section 33 (3) shall apply in accordance with Article 6 (1) in conjunction with Article 12 (3) of the Law of 15 July 2009 (BGBl). 1798), as of 1 January 2018, as amended:

" (3) If an official of the judicial service shall perform tasks pursuant to paragraph 2 (2) (a), (b) or (c), Section 14 (1) (2), (5), (7), (8) and (12) (a) and (15) (1) to (6) and (16) shall not apply. The judge shall reserve the right to:

1.

the authorisation for the application for divorce or annulment of the marriage by the legal representative of a business-incapacitated spouse under Section 125 (2) sentence 2 of the Act on the Procedure in Family Matters and in the Affairs of the voluntary jurisdiction,

2.

the approval of a deprivation of liberty pursuant to § 1800 in conjunction with § 1631b, § § 1906 and 1915 (1) in conjunction with § § 1800, 1631b of the Civil Code, the order of deprivation of liberty pursuant to § § 1846, 1908i (1) Sentence 1 of the Civil Code or § § 283 and 284 of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction, the arrangement of a performance pursuant to Section 278 (5) of the Law on the Procedure in family matters and in the matters of voluntary jurisdiction, as well as all decisions in the case of accommodation; this shall apply in the case of accommodation by an authorised representative,

3.

the arrangement, extension or cancellation of a reservation of consent and the appointment of a supervisor or a pastor on the basis of the rules on the provision of services;

4.

the authorisations required pursuant to § 1596 (1) sentence 3 and § § 1904, 1905 of the Civil Code, as well as the order of a pledge and the appointment of a pastor for minors or for the purpose of taking a decision on the exercise of the exercise the right to refuse to give evidence of a minor's right to refuse to give evidence, or if the legal representative is prevented from entering the

5.

the adoption of a measure in relation to an examination of the state of health, a medical treatment or a medical intervention in accordance with § § 1846, 1908i (1) sentence 1 and § 1915 (1) of the Civil Code. "

Unofficial table of contents

Section 33a Transitional arrangements for the enforcement of juvenile justice

Until the entry into force of the legal regulation to be adopted on the basis of the authorization pursuant to Section 31 (5), the provisions relating to the discharge of the Jugendrier shall continue to apply in the case of criminal enforcement operations. Unofficial table of contents

Section 34 Perception of rights-related tasks by divisional rights spellers

(1) With the expiry of 31 December 1996, the conditions laid down in this Act are laid down in Annex I, Chapter III, Section A, Section III, point 3, of the Agreement of 31 August 1990 (BGBl. 889). (2) Employees who have been entrusted with the task of a legal service (Divisional Law Fleger) under this condition may also carry out the duties of a right-holder on the subjects assigned to them, even after the expiry of the in accordance with paragraph 1. (3) Area rights providers may also, after 31 December 1996, be entrusted with judicial tasks in other fields where they are responsible for carrying out training measures for the purpose of carrying out tasks on the Appropriate areas are suitable. This applies correspondingly to employees who until that date have successfully participated only in training measures for the tasks of the judicial administration, which are perceived by officers of the upper service. Unofficial table of contents

Section 34a Training of domain rights pleats to legal care

(1) Area rights providers who have participated in the courses of a university of applied sciences and who have successfully completed this training with an examination shall acquire the status of a right-holder and shall be allowed to The task of dealing with justice is to be entrusted to the Commission. The courses take a total of eighteen months and provide participants with the scientific knowledge and methods, as well as the professional skills and knowledge required to fulfil the tasks of a legal person. (2) Successful completion of initial and further training courses, in which an area rights provider has been successful since 3. The courses referred to in paragraph 1 may be taken into account for the relevant subject areas in October 1990. In these fields, an examination in accordance with paragraph 1 may be omitted. (3) Countries may provide that the examination referred to in paragraph 1 shall be filed in each case for each subject at the end of the courses. (4) The details shall be governed by national law. Unofficial table of contents

Section 35 Subject to reservation for Baden-Württemberg

(1) In the Land of Baden-Württemberg, the notariats and the land register offices within the limits of their jurisdiction are those of the District Court according to § 3 no. 1 letters f, h and i, in accordance with § 3 nos. 2 (a) and (b) subject to § § 14 and 15 of this Act as well as in accordance with section 3 (2) (c) and (i), subject to § 16 of this law, the transactions transferred to the right-of-law, as well as cases of division within the meaning of Section 342 (2) (1) of the Act on the Procedure in Family Matters and in matters relating to matters the voluntary jurisdiction shall be exercised by an official who is competent to the office of justice, provided that: (2) The legal entity assigned to a notary's office shall also be responsible for the certification of a certificate of inheritance, including the acceptance of an oath-of-law insurance (§ 352 (3) of the (3) In addition, the provisions of this law shall apply in accordance with the proviso that the notary shall, in addition to the judicial authority for the said shall remain in charge. The notary's place shall be replaced by the judge. The Judge of the Local Court, in whose district the notary or the Land Registry has its seat, decides on the memories pursuant to Article 11 (2) sentence 6. (4) As far as according to national law regulations for those of the care court, the court of law, or the The decision of the judge is reserved to the judge if the amendment of a decision of such an authority is to be found in the district court. Unofficial table of contents

§ 35a Council and decision-making bodies in Baden-Württemberg

(1) A councor with competence to senior administrative or judicial service, who, by 31 December 2017, has not only temporarily exercised the Office within the meaning of Section 32 of the Land Law on Voluntary Jurisdiction for at least three years as officials in the national service, perform the duties of a right-holder in land-based accounts. The country shall ensure the professional qualification through appropriate training measures. (2) Medium-service civil servants who have been employed in the judicial service for at least five years and who, prior to 1 January 2018, are predominantly employed as a decision-making body. , as officials in the Land Service, they may carry out the duties of a right-holder in land-use accounts. Prior to the exercise of the legal obligations, these officials shall be successful in participating in the courses of a university of applied sciences, which take a total of at least eight months, as well as the scientific knowledge and methods, and the (3) The provisions of the State Law shall be governed by professional practice and knowledge required for the performance of the duties of a right-holder in basic books. (3) Unofficial table of contents

Section 36 Neustructuring of the courts in Baden-Württemberg

The Land of Baden-Württemberg may, in the restructuring of the District Court districts, extend the provisions of the Land Registry and Notarlaw applicable at the seat of the Local Court to the territories newly incorporated into the district of this Local Court. With the entry into force of such a provision, the federal legal provisions of the land register and notary law shall apply in the divided area insofar as they are in force at the seat of the Local Court.

*

In accordance with Article 6, point 2, in conjunction with Article 12 (3) of the Law of 15 July 2009 (BGBl. I p. 1798) will be repealed on 1 January 2018.

Unofficial table of contents

Section 36a Subject to reservation for the Free and Hanseatic City of Hamburg

In the Free and Hanseatic City of Hamburg, § 24 (2) applies, with the proviso that the legal entity should only accept the applications and declarations referred to therein, if this is due to the connection with a business which it is responsible for, because of the Legal difficulties or other reasons. Unofficial table of contents

Section 36b Transfer of rights-related tasks to the Office of the Office of the Office

(1) The State Governments are authorized to transfer, in whole or in part, to the Office of the Office of the Office by means of a legal regulation the following transactions which are to be carried out by the right-fledgings:

1.

the transactions in the acceptance of test and succession contracts for the official custody in accordance with § § 346, 347 of the Act on the Procedure in Family Matters and in the matters of voluntary jurisdiction (§ 3 (2) (c));

2.

the order for payment in accordance with the Seventh Book of the Code of Civil Procedure, including the determination of the opposition period in accordance with Section 700 (1) in conjunction with Section 339 (2) of the Code of Civil Procedure and the levy on the proceedings as a result of the contested procedure as Designated court, even as far as the payment procedure is machine-processed (Section 20 (1));

3.

the issuing of a further enforceable copy in the cases of § 733 of the Code of Civil Procedure (Section 20 (12));

4.

the issuance of further enforceable copies of judicial documents in accordance with Section 797 (3) of the Code of Civil Procedure (Section 20 (13));

5.

The Office of the Public Prosecutor's Office as the executing authority in criminal and fine matters relating to the execution of fines and fines (Article 31 (2)); this does not include the enforcement of custodianship of the custodians.

The State Governments may transfer the authorization to the Land Justice Administrations. (2) The Office of the Office shall take all measures necessary to carry out the transactions entrusted to it. The rules on the submission of individual transactions by the legal entity to the Judge or the Public Prosecutor (§ § 5, 28, 31 (2a) and (2b)) shall apply. (3) In the case of transactions referred to in the first sentence of paragraph 1, point 2 may be taken into account in the cases of § § 694, 696 (1), § 700 (3) of the Code of Civil Procedure a decision of the court of law for the amendment of a decision of the official of the office of the office (Section 573 of the Code of Civil Procedure) is not sought. (4) In the perception of Transactions referred to in the first sentence of paragraph 1, point 5 shall be decided on objections to measures taken by the Civil servants of the office of the judicial authorities, in whose place the official of the document has been active. He may give instructions to the Urkundsofficials. The powers of the head of the authorities under § § 145, 146 of the Judith Constitutional Law remain unaffected. Unofficial table of contents

Section 37 Legal-care business according to national law

The countries can transfer tasks assigned to the courts by national law to the legal entity. Unofficial table of contents

Section 38 Repeal and amendment of provisions

(1) (repeal of rules) (2) (amendment of rules) (3) (omitted) Unofficial table of contents

Section 39 General rules

§ § 11 and 23 (2) shall apply in the case before the first of the first. October 1998, when the decision to be contested is announced before that date or, if a proclamation has not taken place, the office has been handed over to the office. Unofficial table of contents

Section 40 (Entry into force)

Unofficial table of contents

Annex EV Excerpt from EinigVtr Annex I, Chapter III, Sachgebiet A, Sections III and IV
(BGBl. II 1990, 889, 927, 941)
Section III
-measures in respect of the territory which has been acceded (Art. 3 Unification)-
Section IV
-special arrangements for the Land of Berlin,

Section III
Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, subject to the special arrangements applicable to the Land of Berlin in Section IV of the Treaty referred to in Article 3 of the Treaty:
...

3.

Law of the Law of 5 November 1969 (BGBl. 2065), as last amended by Article 9 (2) of the Law of 26 June 1990 (BGBl I). 1163), with the following measures:

a)

As long as and to the extent that right-care providers are not, or are not available in sufficient numbers, with a training corresponding to the requirements of § 2, the tasks entrusted to the judicial authorities shall be the administration of justice of judges and of the State notaries and offices of the public prosecutor's office, as far as they have been transferred by the law-making law to the judicial authorities, are held by public prosecutors. In accordance with the law referred to in Article 3 of the are assigned or can be assigned to the territory for execution. Court secretaries may be entrusted with further judicial tasks after further determination of the national law if they are suitable for the execution of these tasks on the basis of further training measures.

b)

The State Justice Administrations can determine that the tasks of a legal person can also be entrusted with the task of providing a level of knowledge and performance on the subject matter which is to be transferred to it, the status of which is determined by the training provided for in § 2 is comparable to the state of the art.

c)

§ 11 para. 3; § 11 para. 5 shall remain unaffected for the dispute over decisions made by the judge instead of the right-holder.

...

28.

Moreover, unless otherwise specified in points 1 to 27, the following general measures shall apply:

a)

To the extent that provisions which have been put into effect in the territory referred to in Article 3 of the Treaty or which have been brought into force pursuant to the State Treaty of 18 May 1990, shall be referred to the Federal Republic of Germany, which shall, in this respect, be entitled to: In the absence of an application, the relevant provisions of the German Democratic Republic shall apply. If such rules do not exist or if their application would be contrary to the meaning of the referral, the rules referred to shall apply accordingly.

b)

To the extent that the German Democratic Republic is entitled to refer to provisions which do not apply any more, the relevant provisions of the law of the Federal Republic of Germany shall apply.

c)

Where reference is made in other provisions to provisions which are amended by this Treaty, the amended provisions shall be replaced by the provisions of this Treaty.

d)

The measures (a) to (c) shall also apply when provisions are linked to certain procedures.

e)

Where the provisions in force in the territory referred to in Article 3 of the Treaty and the laws in force in that territory have different authorities, other bodies or procedures, they shall appear in the shall be replaced by the law applicable to the bodies referred to in that legislation, or procedures, to those referred to in the legislation in force; the same shall apply in the case of derogations in the name of other circumstances which are comparable in substance.

f)

Forms introduced by Regulation may be used in an adapted form.

g)

The procedures pending on the date of accession of the accession shall continue in the situation in which they are situated, in accordance with the provisions of the legislation which have been in force.

h)

The course of a procedural deadline which commenced before the date of entry into force of the accession shall be governed by the rules in force in the German Democratic Republic.

i)

If, on the date of the date of accession, an appeal or appeal has already been filed, or is not yet lodged, but the time-limit for consideration has not expired, the admissibility of the appeal or appeal shall be governed by the law. the further procedure for this in accordance with the rules laid down in force. However, if an appeal or appeal has already been lodged with due regard to the formal provisions of the law of the German Democratic Republic, do not lead to inadmissibility; in accordance with the provisions of the law of the Any requests and grounds for appeal shall be submitted within one month of the date of entry into force of the accession. Where the admissibility of an appeal is conditional upon the fact that it is authorised by the court whose decision is contested, the Appeal Court shall also decide on the authorisation of the Legal means.

j)

If, before the effective date of accession, an appeal or an appeal has been lodged in accordance with the law of the German Democratic Republic in an admissible manner, but is no longer admissible in accordance with the provisions set out in force, and therefore to: The costs incurred in the appeal or redress procedures and the necessary expenses of the State Treasury shall be charged. The same shall apply to claims if the legal standing of the action is no longer necessary.

k)

If, as a result of the entry into force of the federal law in the territory referred to in Article 3 of the Treaty, responsibility for one case is transferred to another place, the competent authority to date shall have the files and operations of that matter in the territory of the former competent authority. immediately to the competent authority. The same shall apply to files and operations which are only temporarily suspended by the competent authority of other bodies.

l)

Cassation proceedings pending on the date of accession will be brought to an end under the procedural law of the German Democratic Republic.

Section IV
...

4.

For the rest, the measures listed in Section III shall apply in the Land of Berlin. They shall not be applied in so far as they relate to the maintenance of the special judicial structure in the territory of Article 1 (1) of the Treaty.

Footnote

Annex EV, sect. III no. 3 italic pressure: no longer to be applied in accordance with. Section 34 (1) in accordance with d. Section 34 (2) and 3 RPflG 1969 idF d. Art. 1 No. 1 G v. 24.6.1994 I 1374 mWv 1.1.1997