Law implementing the Agreement of 14 July 1960 between the Federal Republic of Germany and the United Kingdom of Great Britain and Northern Ireland on the mutual recognition and enforcement of judgments in civil and civil matters Commercial matters

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VollstrAbkGBRAG

Date of completion: 28.03.1961

Full quote:

" Law implementing the Agreement of 14 July 1960 between the Federal Republic of Germany and the United Kingdom of Great Britain and Northern Ireland on the mutual recognition and enforcement of judgments in civil and civil matters Commercial matters in the revised version published in the Federal Law Gazette, Part III, outline number 319-14, as last amended by Article 24 of the Law of 27 July 2001 (BGBl. I p. 1887).

Status:

Last amended by Art. 24 G v. 27. 7.2001 I 1887

For more details, please refer to the menu under Notes

Footnote

(+ + + Text-proof validity: 1. 7.1977 + + +) 

  

First section
Enforceable declaration of judicial decisions

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§ 1

(1) For the declaration of enforcement of court decisions (Article I (3), Article II (1), Article V, VII to IX of the Agreement) the regional court is competent. (2) Local jurisdiction is the district court, in the district of which the debtor is responsible. has his habitual residence or assets of the debtor. Unofficial table of contents

§ 2

(1) For the declaration of enforcement of the court decisions referred to in § 1 (1), Section 1063 (1) and Section 1064 (2) of the Code of Civil Procedure shall apply. (2) The request shall be accompanied by the number of copies required for service. (3) If the oral proceedings are arranged, the date shall be notified to the parties by the Office of the Office. The notice is intended to contain the request in accordance with § 215 of the Code of Civil Procedure. (4) The decision is subject to the complaint 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

Where enforcement is based on the content of the court's decision by a security provided to the creditor, on the expiry of a period or on the occurrence of any other fact, or shall the declaration of enforceability in favour of: other than the creditor designated in the court decision, or against a debtor other than the debtor designated therein, the question shall be whether the declaration of enforceability shall be subject to proof of special conditions depending on or whether the decision is enforceable for or against the other, after the right to decide which is applicable to the court of the State in which the judgment is given. Proof shall be provided by public or publicly certified documents, unless the facts are obvious in the case of the court. If it cannot be provided in this form, oral proceedings shall be ordered. Unofficial table of contents

§ 4

(1) In the proceedings of the declaration of enforceable judgment of a court decision, 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 judicial decision (2) If a court decision is declared enforceable, the debtor may invoke objections against the claim even in a procedure under Section 767 of the Code of Civil Procedure only if the reasons on which they are based, first

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. Unofficial table of contents

§ 5

(1) The debtor may, in relation to the application for a declaration of enforceable proceedings, claim that he has lodged an appeal against the court decision whose declaration of enforceable proceedings is sought, and if he does so, the court may: the decision to suspend the proceedings of the declaration of enforceable proceedings until the decision on the appeal is made. The court may, however, also continue the proceedings immediately. (2) The debtor claims that he intends to appeal against the decision only, and points out that the time limit for the filing of that appeal is in accordance with the law, which has not yet expired, the court which has to decide on the application for a declaration of enforceable order may set the debtor a time limit within which he has to prove that he or she has received the judgment in question. The right to appeal has been lodged. The court may, however, immediately suspend or continue the proceedings. Unofficial table of contents

§ 6

The enforcement shall take place from the court decisions declared enforceable, provided that the judgment on enforceability is legally enforceable or is declared enforceable for the time being.

Second section
Repeal or amendment of the enforceable declaration

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§ 7

(1) Where a court decision has been repealed or amended in the United Kingdom of Great Britain and Northern Ireland in accordance with the declaration of enforceability, the debtor may no longer have 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.

Third Section
Special provisions for German court decisions

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§ 8

If the United Kingdom of Great Britain and Northern Ireland is to be expected to assert a judgment in failure or recognition, the judgment may not be made in abbreviated form (Section 313b of the Code of Civil Procedure). Unofficial table of contents

§ 9

(1) In the United Kingdom of Great Britain and Northern Ireland, if a party wishes to claim a judgment or a judgment of recognition established in accordance with Article 313b of the Code of Civil Procedure in the United Kingdom of Great Britain and Northern Ireland, the judgment shall be delivered at its request. complete. 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.

Fourth Section
Final provisions

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§ 10

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§ 11

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

§ 12

This Act shall enter into force simultaneously with the Agreement of 14 July 1960 between the Federal Republic of Germany and the United Kingdom of Great Britain and Northern Ireland on the mutual recognition and enforcement of judgments in civil and commercial matters.