Act concerning the implementation of the Agreement between the Federal Republic of Germany and the Kingdom of Belgium of 30 June 1958 on the mutual recognition and enforcement of judgments, arbitration awards and public documents in Civil and commercial matters

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VollstrAbkBELAG

Date of completion: 26.06.1959

Full quote:

' Act concerning the implementation of the Agreement between the Federal Republic of Germany and the Kingdom of Belgium of 30 June 1958 on the mutual recognition and enforcement of judgments, arbitral awards and authentic instruments in respect of the application of the Agreement between the Federal Republic of Germany and the Kingdom of Civil and commercial matters in the revised version published in the Federal Law Gazette, Part III, outline number 319-11, as last amended by Article 22 of the Law of 27 July 2001 (BGBl. I p. 1887).

Status:

Last amended by Art. 22 G v. 27.7.2001 I 1887

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.7.1977 + + +) 

  

First section
Enforceable declaration of judicial decisions, arbitral awards and public documents

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§ 1

(1) For the enforceable declaration of judicial decisions (Articles 1, 6ff. of the Agreement) and of public documents (Article 14 of the Agreement) shall be the competent jurisdiction of the Local Court or the District Court, which would have jurisdiction to assert the claim. (2) The Court of First Instance shall have jurisdiction in which the court of law shall be responsible for the judicial proceedings. The debtor has his general place of jurisdiction, and in the absence of such a court, in whose district the assets of the debtor are to be located or the foreclosure is to be carried out. Unofficial table of contents

§ 2

(1) For the declaration of enforceable payment of the debt securities referred to in § 1 (1), § 1063 (1), 1064 (2) and 794 (1) (4a) of the Code of Civil Procedure shall apply. (2) The request shall be the number of copies required for service. (3) If the oral proceedings are ordered, the date shall be notified to the parties by the Office. In the proceedings before the district courts, the notice shall contain the request in accordance with § 215 of the Code of Civil Procedure. (4) The decision shall be subject to the appeal pursuant to § § 567 to 577 of the Code of Civil Procedure. § § 707, 717, 1065 of the Code of Civil Procedure shall apply accordingly. (5) (omitted) Unofficial table of contents

§ 3

§ 1061 (1) and (2), § § 1063 and 1064 of the Code of Civil Procedure shall apply for the declaration of enforceable arbitration of arbitration (Article 13 of the Agreement). Section 1062 of the Code of Civil Procedure shall apply with the proviso that the Office of the Higher Regional Court shall be replaced by the Court of Appeal or Landgericht, which would have jurisdiction to assert the right to court proceedings. In addition, the procedure of § 2 (2) to (4) applies accordingly. Unofficial table of contents

§ 4

Where enforcement is based on the content of the court's decision, the award of the award or the authentic instrument, the execution of a time-limit or the occurrence of another fact or the declaration of enforceability shall be subject to the declaration of enforceability in favour of a other than the creditor referred to in the court decision, the award of the award or the authentic instrument, or a debtor other than the debtor designated therein, the question shall be whether the declaration of enforceability depends on the proof of special conditions, or whether the decision for or shall be enforceable against the other, in accordance with Belgian law. Such proof shall be provided by public or publicly certified documents, unless the facts to be identified are manifestly evident in the court. If it cannot be provided in this form, oral proceedings shall be ordered. Unofficial table of contents

§ 5

(1) In the proceedings of the declaration of enforcement of a court decision or of an award, the debtor may also invoke objections against the claim himself in so far as the grounds on which they are based only after the adoption of the decision (2) In the proceedings of the declaration of enforceable of a public document, the debtor may, notwithstanding the restriction contained in paragraph 1, objection to the claim against the claim. (3) Is a court decision, an arbitration ruling or a public document shall be declared enforceable, the debtor may, in proceedings under Article 767 of the Code of Civil Procedure, invoke objections against the claim himself only if the reasons on which they are based are not

1.

after the expiry of the period within which he or she could have lodged a complaint, or

2.

if the appeal has been lodged, after the termination of this procedure

have arisen.

Second section
Repeal or amendment of the enforceable declaration

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§ 6

(1) Where a court decision, an arbitral award or a public document is repealed or amended in accordance with the declaration of enforceability in Belgium and the debtor is no longer entitled to this fact in the proceedings of the declaration of enforceability. , the Court of First Instance may request the annulment or amendment of the declaration of enforceable in a special procedure. (2) The Court of First Instance shall have exclusive jurisdiction to decide on the application, which shall be the case in the proceedings of the declaration of enforceable in the first legal suit. The application can be decided without oral proceedings; the creditor must be heard before the decision. The decision shall be taken by decision to which the creditor and the debtor are to be notified of its own motion. The decision shall be subject to the appeal in accordance with § § 567 to 577 of the Code of Civil Procedure. (3) For the cessation of enforcement and the cancellation of already established law of enforcement, § § 769, 770 of the Code of Civil Procedure shall apply accordingly. The cancellation of a rule of order is also permissible without security. Unofficial table of contents

§ 7

(1) If the declaration of enforceable judgment of a court decision, which could still be challenged with an ordinary appeal at the time of the declaration of enforcement in Belgium, is repealed or amended in accordance with Section 6, the creditor shall be entitled to: (2) The court or tribunal shall be entitled to compensation for the damage caused to the debtor by the execution of the court decision declared enforceable or by a service rendered for the purpose of wasting the execution. (2) The court of law shall be the sole competent authority in the proceedings of the declaration of enforceable the first legal suit.

Third Section
Special provisions for German court decisions

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§ 8

If it is to be expected that a judgment in failure or recognition is to be made in Belgium, the judgment may not be made in abbreviated form (Section 313b of the Code of Civil Procedure). Unofficial table of contents

§ 9

(1) If a party wishes to claim in Belgium a judgment or recognition judgment, which is produced in abbreviated form in accordance with Article 313b of the Code of Civil Procedure, the judgment shall be completed on its request. The application may be submitted to the court in writing or orally to the minutes of the office. The application shall be made without oral proceedings. (2) To complete the judgment, the facts and the reasons for the decision must be subsequently completed, to be signed by the judges and to the office of the Office for the purposes of , the facts of the case and the reasons for the decision can also be signed by judges who did not participate in the judgment. (3) For the correction of the retrospection of the retrospection, § 320 of the Code of Civil Procedure applies accordingly. However, in the decision on a request for correction, it is also possible to cooperate with judges who did not participate in the judgment or subsequent preparation of the facts. (4) For the completion of the judgment, Court fees not collected. ... Unofficial table of contents

§ 10

An injunction or an injunction to be invoked in Belgium shall be accompanied by an explanatory statement. § 9 shall apply accordingly.

Fourth Section
Final provisions

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§ 11

The State Governments shall be empowered to take a decision on applications for the declaration of enforceable foreign debt in civil and commercial matters and on requests for the cancellation or amendment of the declaration of enforcement for the districts of several To assign them to one of them, provided that this facilitates or accelerates inter-state legal traffic. The state governments can transfer the authorization to the Land Justice Administrations. Unofficial table of contents

§ 12

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§ 13

This law applies in accordance with Section 13 (1) of the Third Transfer Act of 4 January 1952 (Bundesgesetzbl. I p. 1) also in the Land of Berlin. Unofficial table of contents

§ 14

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§ 15

This Act shall enter into force at the same time as the Agreement between the Federal Republic of Germany and the Kingdom of Belgium on the Mutual Recognition and Enforcement of Judgments, Arbitration Awards and Public Certificates in Civil- and commercial matters of 30 June 1958.