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Law implementing the Treaty of 30 August 1962 between the Federal Republic of Germany and the Kingdom of the Netherlands on the mutual recognition and enforcement of judgments and other debt instruments in civil-and ...

Original Language Title: Gesetz zur Ausführung des Vertrages vom 30. August 1962 zwischen der Bundesrepublik Deutschland und dem Königreich der Niederlande über die gegenseitige Anerkennung und Vollstreckung gerichtlicher Entscheidungen und anderer Schuldtitel in Zivil- un...

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Law implementing the Treaty of 30 August 1962 between the Federal Republic of Germany and the Kingdom of the Netherlands on the mutual recognition and enforcement of judgments and other debt instruments in civil and commercial matters. Commercial matters

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VollstrVtrNLDAG

Date of completion: 15.01.1965

Full quote:

" Act implementing the Treaty of 30 August 1962 between the Federal Republic of Germany and the Kingdom of the Netherlands on the mutual recognition and enforcement of judgments and other debt instruments in civil and commercial matters; Commercial matters of 15 January 1965 (BGBl. 17), as last amended by Article 27 of the Law of 27 July 2001 (BGBl I). I p. 1887).

Status: Last amended by Art. 27 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
Granting of the enforcement clause to court decisions and other debt instruments

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§ 1

(1) In order to grant the enforcement clause to court decisions (Articles 1, 6ff. of the Treaty) and other debt instruments (Article 16 of the Treaty) shall be the exclusive jurisdiction of the Regional Court. (2) The court shall have jurisdiction only in the case of which the debtor has its general place of jurisdiction, and in the absence of such jurisdiction. the 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

The application for the enforcement clause (Article 9, 16 para. 2 of the Treaty) may be submitted to the court in writing or orally to the minutes of the office of the office. Unofficial table of contents

§ 3

The chairman shall decide on the application without oral proceedings. A hearing of the debtor does not need to be heard. Unofficial table of contents

§ 4

Where enforcement is based on the contents of the debt securities (Section 1 (1)) of a security provided to the creditor, the expiry of a period or the occurrence of any other fact, or the granting of the enforcement clause in favour of of a creditor other than the creditor referred to in the debt title, or against a debtor other than the debtor designated therein, is the question of the extent to which the granting of the enforcement clause is subject to proof of special conditions depending on or whether the debt is enforceable for or against the other, after Dutch law to decide. Proof shall be provided by public or publicly certified documents, unless the facts are obvious in the case of the court. If proof is to be provided with other evidence, the debtor is to be heard; in this case oral proceedings can also be arranged before the chairman. Unofficial table of contents

§ 5

If the application is justified, the chairman shall arrange for the enforcement clause to be issued. Unofficial table of contents

§ 6

(1) If the application is not justified, the Chairman shall reject it by decision. The decision is to be provided with reasons. (2) The decision shall be subject to the appeal pursuant to § § 567 to 577 of the Code of Civil Procedure; § 1065 of the Code of Civil Procedure shall apply accordingly. Unofficial table of contents

§ 7

(1) On the basis of the chairperson's order (§ 5), the order for enforcement shall be issued by the official of the office of the office in the following form:
" According to the arrangement of the etc. (the name of the chairman, the court and the order) is the enforcement of the law, etc. (designation of the debt title-§ 1 para. 1-) in favour of the etc. (name of the creditor) allowed. "
(2) The order of enforcement shall be signed by the official of the office of the office and shall be provided with the court seal. It shall be based either on the issuing of the debt title or on a sheet to be connected with it. The translation thereof (Article 10 (a) and (d), Article 16 (2) of the Treaty) must be combined with the debtor's copy. (3) The costs of the proceedings before the Chairman shall be subject to Section 788 of the Code of Civil Procedure. Unofficial table of contents

§ 8

A certified copy of the debt title provided for in § 7 with the Enforcement Clause (Section 1 (1)) and its translation is to be sent to the debtor on its own account. The required certified copy will be issued free of charge by the court. The creditor shall be sent the debt instrument provided with the Enforcement Clause and a certificate of notification of the service provided. Unofficial table of contents

§ 9

(1) Opposition takes place against the chairperson's order to grant the enforcement clause (§ 5). (2) The objection shall be filed within a period of grace of two weeks. The period shall begin with the notification of the debtor's title provided with the enforcement clause. (3) In the case of delivery abroad or through a public notice, the Chairman shall have the period of opposition in the order by which the notice shall be given by the Chairman. the application for the enforcement clause shall be granted, or subsequently to be determined by a special decision which may be adopted without oral proceedings. The notice of opposition is to be noted on the certificate of the delivery effected (§ 8 sentence 3). Unofficial table of contents

§ 10

(1) The Landgericht decides on the objection by decision; the decision may be taken without oral proceedings. The creditor must be heard before the decision is made. (2) § § 769, 770 of the Code of Civil Procedure shall apply accordingly for the continuation and the cessation of enforcement as well as for the cancellation of already established order of enforcement. The cancellation of a rule of order is also permissible without security. Unofficial table of contents

§ 11

The decision, which will be decided on the appeal, is subject to the complaint pursuant to § § 567 to 577 of the Code of Civil Procedure; § 1065 of the Code of Civil Procedure applies accordingly. Article 9 (3), first sentence, shall apply accordingly. Unofficial table of contents

§ 12

As long as oral proceedings are not arranged, applications and declarations can also be made to the minutes of the office of the office. Unofficial table of contents

§ 13

(1) If the Enforcement Clause is issued in respect of a debt title (Section 1 (1)), the debtor may only invoke objections against the claim in a procedure under Section 767 of the Code of Civil Procedure if the reasons on which they are based only
1.
after the expiry of the period within which he/she could have lodged an appeal (§ 9), or
2.
after the termination of the opposition procedure, or,
3.
if complaint (§ 6 para. 2, § 11) has been filed, after the termination of the appeal procedure
(2) The action is to be brought before the District Court, which has decided on the issue of the enforcement clause. Unofficial table of contents

§ 14

(1) The enforcement of the obligation under the Enforcement Clause (Section 1 (1)) may not begin until after the period of time within which an appeal can be filed (Article 9 (2) and (3)). (2) Paragraph 1 shall not apply to the Enforcement of measures to be taken, including those aimed at securing a security.

Second section
Repeal or amendment of the Enforcement Clause

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§ 15

(1) If a debt title (Section 1 (1)) is repealed or amended after the granting of the enforcement clause in the Netherlands and the debtor is no longer able to invoke that fact in the procedure for issuing the enforcement clause, he (2) The decision on the application shall be the exclusive jurisdiction of the Regional Court which has decided on the granting of the order for enforcement. The application can be decided without oral proceedings; the creditor must be heard before the decision. § 12 shall apply accordingly. 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

§ 16

(1) Where the enforcement clause relating to a debt title (Article 1 (1)) is repealed or amended to the opposition or immediate appeal, the creditor shall be obliged to compensate the debtor for the damage caused to the debtor by the execution of the the debt securities provided by the Enforcement Clause or by a performance made for the purpose of the application of enforcement. The same shall apply if the enforcement clause is a judicial decision which, at the time of the granting of the enforcement clause under Netherlands law, could still be challenged with an ordinary appeal, in accordance with § 15 (2) In order to assert the claim, the Regional Court shall have exclusive jurisdiction to decide on the issue of the enforcement clause.

Third Section
Special provisions for German court decisions

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§ 17

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

§ 18

(1) If a party wishes to assert a default or recognition judgment, which is manufactured in abbreviated form in accordance with Section 313b of the Code of Civil Procedure, the judgment shall be completed on its application. The application shall be decided without oral proceedings. § 12 applies accordingly. (2) In order to complete the judgment, the facts and the reasons for the decision must be subsequently completed, signed by the judges in particular and handed over to the office; the facts and the facts Decisions may also be signed by judges who did not participate in the judgment. (3) For the correction of the retrospection of the retrospection, Section 320 of the Code of Civil Procedure shall apply mutagentily. 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

§ 19

Arrest warrants, interim orders or dispositions (Article 1 (2) of the Treaty), which are to be invoked in the Netherlands, shall be accompanied by a justification. § 18 shall apply accordingly. Unofficial table of contents

§ 20

Enforcement orders, arrest warrants and injunctions (Article 1 (2) of the Treaty), on the basis of which a creditor intends to carry out compulsory enforcement in the Netherlands, shall also be provided with the enforcement clause, if: This would not be necessary for a forced enforcement in Germany pursuant to § 796 (1), § 929 (1), § 936 of the Civil Procedure Code.

Fourth Section
Final provisions

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Section 21

The State Governments shall be empowered to take a decision on applications for the enforcement clause on foreign debt instruments in civil and commercial matters and on requests for the repeal or amendment of the enforcement clause for the counties of several regional courts 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

Section 22

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Section 23

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

§ 24

(1) This Act shall enter into force simultaneously with the Treaty of 30 August 1962 between the Federal Republic of Germany and the Kingdom of the Netherlands on the mutual recognition and enforcement of judgments and other debt instruments in civil and commercial matters. (2) The date on which this law enters into force shall be disclosed in the Federal Law Gazans (Bundesgesetzblatt).