Law implementing the Treaty of 19 July 1966 between the Federal Republic of Germany and the Republic of Tunisia on legal protection and mutual assistance, the recognition and enforcement of judgments in civil and commercial matters, and on the Commercial Arbitration Court

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VollstrVtrTUNAG

Date of completion: 29.04.1969

Full quote:

" Act concerning the implementation of the Treaty of 19 July 1966 between the Federal Republic of Germany and the Republic of Tunisia on the protection of legal and judicial assistance, the recognition and enforcement of judgments in civil and commercial matters, and on the Commercial Arbitration Court of 29 April 1969 (BGBl. I p. 333, 1970, 307), most recently by Article 28 of the Law of 27 July 2001 (BGBl. I p. 1887).

Status:

Last amended by Art. 28 G v. 27.7.2001 I 1887

For more details, please refer to the menu under Notes

Footnote

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

  

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Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law:

First section
Armenrecht

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§ 1

(1) A German national who wishes to seek the right of appeal before a court of the Republic of Tunisia in accordance with the procedure laid down in Article 7 of the Treaty may submit his application for the authorization of the Armenian law, together with the shall submit the necessary documents to the District Court, in whose district he has his habitual residence and in the absence of such his current residence. (2) If the applicant is not in a position to pay the necessary translations, without prejudice to the maintenance required for him and his family, he/she shall not be able to accept the application of the document. (Article 7 (4), in conjunction with Article 20 (1) and (2) of the Treaty and point 1 of the Protocol), such translations shall be procured by the local court, unless the law enforcement proceedings are indiscriminately or indiscriminately. (3) In the case of paragraph 2, the applicant shall be subject to the payment of the outlays. , however, it shall be obliged to repay the amount as soon as it is able to do so without prejudice to the maintenance required for him and his family. In addition, the rules on costs in the area of judicial administration shall apply. (4) The other costs shall not be charged for the activities relating to the reception and the forwarding of an application under paragraph 1. Unofficial table of contents

§ 2

The consular representative of the Federal Republic of Germany does not collect any fees or charges for the transmission of an application for the authorization of the Armenian right (Article 7 (1) of the Treaty) by the consular representative of the Federal Republic of Germany.

Second section
Requests for delivery and requests for legal assistance

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§ 3

(1) For the execution of requests for delivery (Article 8 of the Treaty) or requests for legal assistance (Article 18 of the Treaty), the District Court shall be responsible in whose district the official act is to be carried out. (2) The service shall be provided by the Office of the Local Court. (3) If the documents to be submitted are not accepted because they are not written in the German language or are not accepted by a German language, the documents must be submitted to the German language. Before delivery is effected, the place of business shall be provided with a German translation if the recipient so requests. The expenses incurred by the translation shall be collected by the recipient. All or part of the collection of the outlays must be discernable if this appears to be necessary in view of the economic circumstances of the recipient or otherwise for reasons of equity. In addition, the rules on costs in the area of judicial administration are applicable. Unofficial table of contents

§ 4

(dropped)

Third Section
Enforcement of judgments and other debt instruments

First Title
Enforceable declaration of Tunisian judicial decisions and other Tunisian debt instruments

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§ 5

(1) For the declaration of enforcement of court decisions (Articles 27, 28 and 34 to 41 of the Treaty), court settlements (Article 42 of the Treaty) and public documents (Article 43 of the Treaty), § 1063 (1) and § 1064 (2) shall apply. (2) The request shall be accompanied by 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 of the Office for the purpose of announcting. The notice is intended to contain the request in accordance with § 215 of the Code of Civil Procedure. (4) The decision shall be subject to the appeal in accordance with § § 567 to 577 of the Code of Civil Procedure; the emergency period for the lodging of the immediate appeal shall be a Month. § § 707, 717, 1065 of the Code of Civil Procedure shall apply accordingly. Unofficial table of contents

§ 6

Where the execution of the court decision or the other debt is based on the content of such a decision, the performance of the creditor shall be subject to the expiry of a period of time or the occurrence of any other fact, or the enforcement of the judgment shall be If a declaration of enforceability is sought in favour of a creditor other than the creditor designated in the court decision or in the debt title, or against a debtor other than the debtor designated therein, the question shall be whether or not the creditor Declaration of enforceable subject to the proof of special conditions, or whether the court The decision or the debt instrument shall be enforceable for or against the other under Tunisian law. The evidence required thereafter shall be carried out by public or publicly certified documents, unless the facts are obvious in the case of the court. If the proof in this form cannot be provided, oral proceedings shall be ordered; in this case, it may be held with other evidence. Unofficial table of contents

§ 7

(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) In the proceedings of the enforceable declaration of a court settlement or of a public document, the debtor may, notwithstanding the restriction contained in paragraph 1, objecting to the claim against the claim (3) If a court decision or other debt has been issued for In accordance with Section 767 of the Code of Civil Procedure, the debtor may only invoke objections to the claim against the claim, if the reasons on which they are based only

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

§ 8

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

Second Title
Cancellation or amendment of the enforceable declaration

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§ 9

(1) If, in accordance with the declaration of enforceability, a court decision or any other debt instrument is repealed or amended in the Republic of Tunisia, the debtor is no longer able to invoke that fact in the proceedings of the declaration of enforceability. (2) The Landgericht shall be the sole competent authority for the decision on the application, which has decided on the declaration of enforceable law. 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 is subject to the complaint according to § § 567 to 577 of the Code of Civil Procedure; the emergency period for the lodging of the immediate appeal is one month. (3) For the cessation of enforcement and the cancellation of the already made § § 769, 770 of the Code of Civil Procedure shall apply in accordance with the provisions of the enforcement order. The cancellation of a rule of order is also permissible without security. Unofficial table of contents

§ 10

(1) Insofar as the enforceable declaration of a court decision or other debt title is repealed or amended in accordance with § 9, the creditor shall be entitled, without prejudice to any further claims, to reimburse the debtor for the purpose of the debtor's § 717 (3) sentence 3 of the Code of Civil Procedure shall apply accordingly. (2) Insofar as the declaration of enforceable order of an interim order (Article 27 (4), Article 34 of the Treaty) is repealed in accordance with § 9 of the Code of Civil Procedure. because the order in the Tunisian Republic is unjustified has been repealed or amended, the creditor shall replace the damage suffered by the debtor by the execution of the injunction declared enforceable or by a service rendered for the purpose of wasting the execution of the execution of the execution (3) The Landgericht (Landgericht) is solely responsible for the assertion of the claims, which has decided on the declaration of enforceability.

Third Title
Special provisions for German court decisions

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§ 11

(1) Should a party against which a cost decision has been made are to be charged in the Tunisian Republic of the Republic of the Republic of the Republic of Tunisia, the amount thereof shall be for a procedure of the declaration of enforceable proceedings (Article 34ff. of the Treaty) by the court of the instance without oral proceedings by decision. The decision shall be taken at the request of the competent authority for the recovery of the court costs. (2) The decision determining the amount of the court costs shall be subject to the appeal pursuant to § § 567 to 577 of the Code of Civil Procedure; the immediate appeal shall be filed within a period of one month and may also be filed in writing or by declaration on the minutes of the office. Unofficial table of contents

§ 12

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

§ 13

(1) If a party wishes to assert in the Tunisian Republic a judgment or recognition judgment, which is made in abbreviated form in accordance with Section 313b of the Code of Civil Procedure, the judgment shall be completed on its request. The application may be made to the court in writing or by declaration on 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 as appropriate; however, the time limit within which the correction is requested shall be can, one month. In the case of a decision on a request for correction, it is also possible for those judges who have not participated in the judgment or subsequent preparation of the offence. (4) Court fees shall be charged for completion of the judgment is not collected. Unofficial table of contents

§ 14

Interim measures or interim injunctions (Article 27 (4) of the Treaty) which are to be invoked in the Republic of Tunisia must be accompanied by a justification. § 13 shall apply accordingly. Unofficial table of contents

§ 15

Enforcement orders (Article 27 (2) of the Treaty) and injunctions (Article 27 (4) of the Treaty), on the basis of which a creditor intends to carry out compulsory enforcement in the Republic of Tunisia, shall also be subject to the following: If this would not be necessary for a forced enforcement in Germany under § 796 (1), § § 936, 929 (1) of the Code of Civil Procedure, the enforcement clause must be provided.

Fourth Section
Final provisions

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§ 16

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

§ 17

(1) This Act shall enter into force simultaneously with the Treaty of 19 July 1966 between the Federal Republic of Germany and the Republic of Germany on the protection of legal and judicial assistance, the recognition and enforcement of judgments in civil and judicial matters. (2) The date on which this law enters into force shall be disclosed in the Bundesgesetzblatt (Federal Law Gazetre).