Civil Procedure Code

Unofficial table of contents

ZPO

Date of completion: 12.09.1950

Full quote:

" Code of Civil Procedure in the version of the Notice of 5 December 2005 (BGBl. I p. 3202; 2006 I p. 431; 2007 I p. 1781), as last amended by Article 1 of the Law of 8 July 2014 (BGBl I). I p. 890).

Status:	New by Bek. v. 5.12.2005 I 3202; 2006 I 431; 2007 I 1781
	Last amended by Art. 1 G v. 8.7.2014 I 890

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1981 + + +) 
(+ + + measures due to EinigVtr cf.  ZPO Annex EV; 
 Partially no longer to be used + + +)   
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 123/2006 (CELEX Nr: 32006L0123)  Art. 8 No. 1 
 G v. 22.8.2010 I 2248 + + +) 

  

Recast of the Civil Procedure Code of 30.1.1877, RGBl. 83 by Art. 9 d. G v. 12.9.1950 I 455
Gem. BVerfGE v. 7.10.2003, 2004 I 124-1 BvR 10/99-was the Code of Civil Procedure in the version, which was valid until 31 December 2001, with the rule of law in conjunction with Art. 103 (1) GG inasmuch as it was a possibility of legal protection did not prejudge violations of the right to be heard by upper-country court appeals outside the dispute-based revision. Unofficial table of contents

Content Summary

Book 1
General provisions
Section 1
Courts
	Title 1
	Competence of the courts and valuables
§ 1	Objective competence
§ 2	Importance of value
§ 3	Free Discretion Value
§ 4	Value calculation; side requirements
§ 5	Multiple Claims
§ 6	Possession; Securing; Pfandrecht
§ 7	Basic serviceability
§ 8	Lease or lease
§ 9	Recurrent benefits or benefits
§ 10	(dropped)
§ 11	Binding decision on lack of competence
	Title 2
	Place of jurisdiction
§ 12	General Court of Jurisdiction; term
§ 13	General place of jurisdiction of residence
§ 14	(dropped)
§ 15	General place of jurisdiction for extraterritorial Germans
§ 16	General place of jurisdiction of non-resident persons
§ 17	General place of jurisdiction of legal persons
§ 18	General Court of Jurisdiction of the Fiscal
§ 19	Several jurisdictions in the seat of the authorities
§ 19a	General court of jurisdiction of the insolvency administrator
§ 20	Special place of jurisdiction for the place of stay
Section 21	Special place of jurisdiction for the establishment
Section 22	Special place of jurisdiction for membership
Section 23	Special place of jurisdiction of the property and of the object
§ 24	Exclusive place of jurisdiction
Section 25	Legal place of jurisdiction of the substantive
Section 26	Legal venue for personal legal proceedings
§ 27	Special place of jurisdiction for the inheritance
§ 28	Extended jurisdiction of the inheritance
§ 29	Special place of jurisdiction for the place of performance
§ 29a	Exclusive place of jurisdiction for rent or lease rooms
§ 29b	(dropped)
Section 29c	Special place of jurisdiction for door-to-door operations
§ 30	Place of jurisdiction in the case of carriage
§ 30a	Court of jurisdiction for rescue claims
Section 31	Special place of jurisdiction for asset management
Section 32	Special place of jurisdiction of the illicit act
Section 32a	Exclusive jurisdiction of the environment
Section 32b	Exclusive place of jurisdiction in the case of false, misleading or dismissed public capital market information
§ 33	Special place of jurisdiction of the counterclaim
Section 34	Special place of jurisdiction of the main process
§ 35	Election among several jurisdictions
§ 36	Jurisdiction Rule
Section 37	Procedure in the case of judicial provision
	Title 3
	Agreement on the jurisdiction of the courts
§ 38	Authorised Court Agreement
§ 39	Jurisdiction as a result of rügeloser negotiation
§ 40	Ineffectual and inadmissible jurisdiction agreement
	Title 4
	Exclusion and rejection of court personnel
Section 41	Exclusion from the exercise of the judge's office
§ 42	Rejection of a judge
Section 43	Loss of rejecting right
Section 44	Request for rejection
§ 45	Decision on the application for rejection
Section 46	Decision and appeal
§ 47	Inexorable acts
§ 48	Self-repudiation; rejection of ex office
§ 49	Documentary officials
Section 2
Parties
	Title 1
	Party capability; process capability
§ 50	Party Capability
Section 51	Process capability; legal representation; process management
Section 52	Scope of process capability
Section 53	Process incapacity in the case of care or parish
§ 54	Special authorisation for process handling
§ 55	Process capability of foreigners
§ 56	Audit of officals
Section 57	Process fleger
Section 58	Process flea in herreneless land or ship
	Title 2
	Dispute settlement
§ 59	Dispute settlement in the case of the legal community or the identity of the reason
§ 60	Dispute settlement in the case of the similarity of claims
Section 61	Effect of the Dispute Cooperative
Section 62	The Necessary Dispute Settlement
§ 63	Process Operation; Charges
	Title 3
	Participation of third parties in litigation
Section 64	Main intervention
Section 65	Suspension of the main process
Section 66	Secondary intervention
Section 67	Legal status of the secondary intervener
Section 68	Effect of side intervention
Section 69	Federal Armed Forces
Section 70	Accession of the secondary intervener
Section 71	Intervening by side intervention
Section 72	Admissibility of the dispute
Section 73	Form of the Dispute Settlement
Section 74	Effect of the promulgation
§ 75	Creditor dispute
Section 76	Ownership of the property
Section 77	Copyright attribution in the event of impairment of ownership
	Title 4
	Process Plenipotentiaries and Advisory Board
Section 78	Forest Process
Section 78a	(dropped)
§ 78b	Notanwalt
Section 78c	Selection of the lawyer
§ 79	Party Process
§ 80	Process Power
§ 81	Scope of process power
Section 82	Side-by-side procedure
Section 83	Limitation of process power
Section 84	Multiple Process Plenipotentiaries
§ 85	Effect of process power
§ 86	Continual Process Power
Section 87	Erasing the power of atrocity
Section 88	Lack of power
§ 89	Full-time representative
§ 90	Beistand
	Title 5
	Process Cost
Section 91	The principle and scope of the cost obligation
Section 91a	Costs in case of execution of the main item
§ 92	Costs of partial convicts
Section 93	Costs with immediate recognition
Section 93a	(dropped)
Section 93b	Costs of eviction actions
Section 94	Costs in the case of a surpassed claim
§ 95	Costs in the event of an abiation or fault
§ 96	Cost of unsuccessful means of attack or defence
Section 97	Legal expenses
Section 98	Comparison Cost
§ 99	Consideration of cost decisions
§ 100	Costs in the case of disputes
§ 101	Cost of side intervention
Section 102	(dropped)
Section 103	Cost-fixing basis; request for cost-fixing
Section 104	Cost-fixing procedure
Section 105	Simplified cost-fixing decision
Section 106	Distribution by quota
Section 107	Change by Dispute Settlement
	Title 6
	Security Performance
Section 108	Type and level of security
§ 109	Return of security
§ 110	Process cost security
Section 111	Subsequent process cost security
Section 112	Level of process cost security
Section 113	Deadline for process cost security
	Title 7
	Process cost support and process cost advance
Section 114	Requirements
§ 115	Use of income and wealth
Section 116	Party power Office; legal person; party-capable association
Section 117	Application
Section 118	Authorisation procedure
§ 119	Approval
§ 120	Fixing of payments
§ 120a	Amendment of authorisation
Section 121	Advising of a lawyer
§ 122	Impact of legal aid
§ 123	Reimbursement of expenses
Section 124	Repeal of the authorisation
§ 125	Collection of costs
§ 126	Recovery of lawyers ' fees
§ 127	Decisions
Section 3
Procedure
	Title 1
	Oral proceedings
§ 128	Principle of oral proceedings; written procedure
§ 128a	Negotiation in the way of image and sound transmission
Section 129	Pre-written pleadings
Section 129a	Applications and declarations concerning the Protocol
§ 130	Contents of the pleadings
§ 130a	Electronic document
§ 130b	Judicial electronic document
§ 130c	Forms; Regulation empowerment
Section 131	Addition of documents
Section 132	Deadlines for pleadings
§ 133	Transcripts
Section 134	View of documents
§ 135	Notification of documents under attorrals
Section 136	Chairperson of the process
Section 137	Passage of oral proceedings
§ 138	Obligation to explain facts; truth duty
Section 139	Material Process Line
§ 140	Complaint of process management or questions
Section 141	Arrangement of personal apparial
Section 142	Arrangement of the customer's presentation
Section 143	Arrangement of file transfer
Section 144	Eye certificate; experts
§ 145	Process separation
Section 146	Restriction to individual attack and defence means
Section 147	Process Connection
§ 148	Suspension of pre-comprehensiveness
§ 149	Suspension on suspicion of a criminal offence
Section 150	Cancellation of separation, connection or suspension
Section 151	(dropped)
Section 152	Suspension in marriage request
Section 153	Suspension in the case of paternity leave
Section 154	Suspension in case of marriage or childhood dispute
§ 155	Suspension of delay in case of delay
Section 156	Re-opening of negotiations
Section 157	Subrepresentation in the negotiation
Section 158	Distance from process line arrangement
Section 159	Log recording
§ 160	Contents of the Protocol
§ 160a	Preliminary log recording
Section 161	Deprivation
Section 162	Approval of the Minutes
Section 163	Signature of the Minutes
Section 164	Log corrigendum
Section 165	Protocol of validity of the Protocol
	Title 2
	Procedures for deliveries
	Subtitle 1
	Orders received by the Office
Section 166	Delivery
Section 167	Return of delivery
§ 168	Duties of the office
§ 169	Confirmation of the time of delivery; certification
§ 170	Delivery to representatives
Section 171	Service to Plenipotentiaries
Section 172	Delivery to Process Plenipotentiary
Section 173	Delivery by handing over at the office
§ 174	Receipt of received commitment
§ 175	Delivery by enroll with a return note
Section 176	Delivery Order
Section 177	Place of delivery
Section 178	Spare delivery in the apartment, in business premises and facilities
§ 179	Delivery in the event of a refusal to accept
§ 180	Replacement delivery by placing in the letterbox
§ 181	Replacement delivery by laying down
§ 182	Delivery Certificate
Section 183	Delivery abroad
Section 184	Service representative; delivery by post to the post office
§ 185	Public Delivery
Section 186	Authorisation and execution of public service
§ 187	Publication of the notification
Section 188	Date of public service
§ 189	Healing of delivery defects
§ 190	Uniform delivery forms
	Subtitle 2
	Deliveries at the instition of the parties
Section 191	Delivery
§ 192	Delivery by court enforcator
Section 193	Delivery Execution
§ 194	Delivery Order
§ 195	Delivery of lawyer to lawyer
§ § 195a to 213a	(dropped)
	Title 3
	Charges, dates and deadlines
Section 214	Invitation to the appointment
Section 215	Necessary content of the summons to oral proceedings
Section 216	Appointment determination
§ 217	Charge period
§ 218	Deprivation of cargo
Section 219	Terminus
Section 220	Invocation of the matter; missed appointment
Section 221	Start of time
Section 222	Time calculation
Section 223	(dropped)
Section 224	Time cut; deadline extension
Section 225	Procedure in the case of friction change
§ 226	Abbreviation of interim periods
Section 227	Date Change
Section 228	(dropped)
Section 229	Appointed judge or judge
	Title 4
	Consequences of failure; right of appeal; reinstatement in the previous stand
Section 230	General string sequence
Section 231	No threat; follow-up of the process
§ 232	Right of appeal
Section 233	Reinstatation to the previous level
Section 234	Reinstatation deadline
Section 235	(dropped)
Section 236	Application for recovery
Section 237	Responsibility for re-establishment
Section 238	Reinstatation procedure
	Title 5
	Suspension and suspension of proceedings
Section 239	Interruption caused by the death of the party
§ 240	Interruption by insolvency proceedings
Section 241	Interruption due to process incapacity
Section 242	Interruption by succession
Section 243	Admission in the case of relegation and executors
Section 244	Interruption caused by a loss of attorney
§ 245	Interruption by standstill of the administration of justice
§ 246	Suspension of representation by process authorised representative
§ 247	Suspension in case of cut-off traffic
§ 248	Procedure for suspension
§ 249	Effect of interruption and suspension
§ 250	Form of recording and display
§ 251	Rest of the procedure
Section 251a	Failure of both parties; decision by location of the files
§ 252	Legal remedies for suspension
Book 2
Procedure in the first legal proceedings
Section 1
Proceedings before the Landgericht
	Title 1
	Procedure until judgment
Section 253	Klageschrift
§ 254	Tier Plant
§ 255	Judgment in the judgment
§ 256	Determination action
§ 257	Action for future payment or eviction
§ 258	Action on recurrent benefits
Section 259	Complaint for untimely performance
Section 260	Claims
§ 261	Legal action
§ 262	Other effects of lis pendens
§ 263	Change of action
§ 264	No action change
Section 265	Disposal or assignment of the dispute
Section 266	Sale of a property
§ 267	Presumed consent to the change of action
Section 268	Indisputability of the decision
§ 269	K Backout
§ 270	Delivery; informal communication
§ 271	Notification of the application
§ 272	Determination of the procedure
Section 273	Preparation of the appointment
Section 274	Loading of the parties; time of entry
Section 275	Early First Date
Section 276	Written preliminary procedure
§ 277	Action for action; Replica
§ 278	Amicable Dispute Resolution, Quality Negotiation, Comparison
Section 278a	Mediation, out-of-court conflict resolution
§ 279	Oral proceedings
§ 280	Separate negotiation on admissibility of the action
§ 281	Dismissal
Section 282	Timeliness of introduction
§ 283	The deadline for statements on the opponent's submission
§ 283a	Backup arrangement
§ 284	Taking of evidence
Section 285	Hearing after taking evidence
§ 286	Free evidence
§ 287	Claims determination; amount of claim
§ 288	Judicial Confession
§ 289	Additions to the confession
§ 290	Revocation of the confession
§ 291	Obvious facts
§ 292	Legal guesses
Section 292a	(dropped)
§ 293	Foreign law; customary law; statutes
Section 294	Credibility
Section 295	Procedural Rügen
§ 296	Rejection of late introduction
§ 296a	Presentation at the end of the oral proceedings
§ 297	Form of application
§ 298	File Expression
Section 298a	Electronic file
Section 299	File inspection; copies
Section 299a	Media Archive
	Title 2
	Judgment
§ 300	Endurteil
Section 301	Partial judgment
§ 302	Conditional judgment
§ 303	Intermediate judgment
§ 304	Interim judgment on the reason
§ 305	Judgment subject to retention of limited liability
Section 305a	Judgment under reservation of limited liability in the law of the sea
Section 306	Waiver
§ 307	Acknowledgment
§ 308	Binding to party motions
Section 308a	Decision without application in rental cases
§ 309	Recognizing Judges
§ 310	Date of sentencing
§ 311	Form of sentencing
§ 312	Presence of the parties
§ 313	Form and content of the judgment
§ 313a	Leaving facts and decision-making reasons
Section 313b	Failure, acknowledgment, and renunciation judgment
§ 314	Evidence of the Tattoo
Section 315	Signature of Judges
§ 316	(dropped)
Section 317	Judgment delivery and production
Section 318	Binding of the Court
Section 319	Corrigendum to the judgment
§ 320	Rectification of the Tattoo
§ 321	Supplement to the judgment
Section 321a	Remedy in case of violation of the right to be heard
Section 322	Material legal force
Section 323	Amendment of judgments
Section 323a	Modification of Compare and UrCustomers
§ 323b	Heighten liability
Section 324	Recovery claim for security
§ 325	Subjective legal force
§ 325a	Determining effect of the model decision
Section 326	Legal force in succession
§ 327	Willpower in the execution of wills
§ 328	Recognition of foreign judgments
§ 329	Decisions and dispositions
	Title 3
	Missed-Part
Section 330	Judgment against the plaintiff
Section 331	Failure to respect the defendant
Section 331a	Decision by file
Section 332	The term of the negotiation deadline
§ 333	Non-Negotiations of the Party
§ 334	Incomplete Negotiation
§ 335	Admissibility of a default decision
§ 336	Appeal on refusal
§ 337	Adjournment of its own
Section 338	Objection
§ 339	Period of opposition
Section 340	Notice of opposition
§ 340a	Notification of the notice of opposition
Section 341	Notice of opposition
Section 341a	Opposition Date
Section 342	Effect of the admissible opposition
§ 343	Decision after objection
§ 344	Shipping Cost
Section 345	Second Failure
§ 346	Waiver and withdrawal of the opposition
§ 347	Proceedings in the case of counterclaim and dispute
	Title 4
	Procedure before the single judge
§ 348	Original single judge
Section 348a	Mandatory single judge
§ 349	Chairman of the Chamber for Commercial Matters
§ 350	Legal remedies
§ § 351 to 354	(dropped)
	Title 5
	General provisions on the taking of evidence
§ 355	Direct evidence of the taking of evidence
§ 356	Period of contribution
§ 357	Party Public
§ 357a	(dropped)
§ 358	Need for evidence
Section 358a	Taking of evidence and taking of evidence before oral proceedings
§ 359	Content of the evidence decision
§ 360	Amendment of the evidence decision
§ 361	Taking of evidence by authorised judges
§ 362	Taking of evidence by requested judges
§ 363	Taking of evidence abroad
§ 364	Party participation in the taking of evidence abroad
§ 365	Levy by envoy or requested judge
§ 366	Dispute
§ 367	Failure of the Party
§ 368	New Beweistermin
§ 369	Foreign evidence
§ 370	Continuation of oral proceedings
	Title 6
	Proof by eye view
§ 371	Proof by eye view
Section 371a	Invalidity of electronic documents
Section 371b	Grazing of scanned public documents
§ 372	Taking of evidence
Section 372a	Investigations on the determination of ancestry
	Title 7
	Witness evidence
Section 373	Evidence-of-evidence
§ 374	(dropped)
Section 375	Taking of evidence by envoy or requested judge
§ 376	Hearing in case of secrecy
Section 377	Witness charge
§ 378	Documents that facilitate the information
§ 379	Outlay advance
§ 380	Consequences of the failure of the witness
Section 381	Sufficient excuse to remain
Section 382	Questioning at certain locations
Section 383	Refusal of testimonial for personal reasons
Section 384	Refusal of testimonial for objective reasons
Section 385	Exceptions to the denial of evidence
§ 386	Declaration of denial of evidence
Section 387	Dispute over denial of testimony
Section 388	Dispute over written denial of testimony
Section 389	Denial of testimonial before the appointed or requested judge
§ 390	Consequences of denial of testimony
§ 391	Witness to the witness
§ 392	Oath; Eidesnorm
§ 393	Uneidy questioning
§ 394	Single hearing
§ 395	Truth-warning; questioning of the person
§ 396	Questioning on the matter
Section 397	Party in question
§ 398	Repeated and subsequent questioning
§ 399	Renunciation of witnesses
§ 400	Powers of the judge entrusted with the taking of evidence
§ 401	Witness indemnification
	Title 8
	Evidence by experts
§ 402	Applicability of the rules for witnesses
§ 403	Evidence-of-evidence
§ 404	Expert selection
Section 404a	Management of the work of the expert
§ 405	Selection by the judge entrusted with the taking of evidence
§ 406	Rejection of an expert
Section 407	Obligation to repay the opinion
§ 407a	Other duties of the expert
§ 408	Denial of review
§ 409	Consequences of staying or refusing to reproach
Section 410	Expert's insult
§ 411	Written opinion
§ 411a	Exploitation of expert opinions from other procedures
§ 412	New opinion
§ 413	Expert remuneration
Section 414	Expert Witnesses
	Title 9
	Proof by documents
§ 415	Invalidity of public documents on declarations
§ 416	Empower of private customers
§ 416a	Expression of the expression of a public electronic document
§ 417	Evidence of official order, disposition, or decision of public documents
§ 418	Empower of public documents with other content
§ 419	Invalidity of defective documents
§ 420	Presentation by evidence leader; evidence of evidence
§ 421	Adversals by the opponent; taking of evidence
Section 422	Obligation of the opponent according to civil law to be required by the opponent
Section 423	Obligation to provide the opponent with reference to a reference
§ 424	Application by opponent
Section 425	Arrangement of the predisposition by opponents
§ 426	Testimonial of the opponent on the whereabout
§ 427	Consequences of non-disclosure by opponents
§ 428	Presentation by third parties; taking of evidence
§ 429	Obligation to provide third parties
§ 430	Application by third parties
§ 431	The time limit for the presentation by third parties
Section 432	Presentation by authorities or officials; taking of evidence
§ 433	(dropped)
Section 434	Presentation before appointed or requested judge
§ 435	Presentation of public documents in original or certified copy
§ 436	Waiver of consideration
§ 437	Authenticity of domestic public documents
§ 438	Authenticity of foreign public documents
§ 439	Declaration on the authenticity of private customers
§ 440	Proof of the authenticity of private customers
Section 441	Font comparison
§ 442	Commencement of the comparison
§ 443	Custody of suspicious documents
§ 444	Consequences of the removal of a certificate
	Title 10
	Proof of party interrogation
§ 445	Testimonial of the opponent; taking of evidence
Section 446	Refusal of the opponent
§ 447	Hearing of the party on request at the request
§ 448	Hearing of officings
§ 449	Questioning of contentions
§ 450	Decision of evidence
§ 451	Execution of the interrogation
§ 452	Party's insult
Section 453	Accusation of evidence at party hearing
§ 454	Failure of the Party
§ 455	Process incapable
§ § 456 to 477	(dropped)
	Title 11
	Acceptance of oeden and affirmations
Section 478	Eidespower in person
§ 479	Eidesachievement before the appointed or requested judge
§ 480	Eideslecturing
§ 481	Eidesachievement; Eidesformula
§ 482	(dropped)
§ 483	Eidesachievement spoke-or hearing-impaired persons
Section 484	Eideshow Reaffirmation
	Title 12
	Independent evidence
§ 485	Admissibility
§ 486	Competent court
§ 487	Content of the application
§ § 488, 489	(dropped)
§ 490	Decision on the application
Section 491	Charge of the opponent
§ 492	Taking of evidence
§ 493	Use in the process
§ 494	Unknown opponent
Section 494a	The time limit for the collection of charges
Section 2
Proceedings before the Local Courts
§ 495	Rules to be applied
Section 495a	Procedures at reasonable discretion
§ 496	Submission of written pleadings; declarations on protocol
§ 497	Charges
§ 498	Notification of the Protocol on the action
§ 499	Belehrungen
§ § 499a-503	(dropped)
§ 504	Indication of lack of jurisdiction of the Local Court
Section 505	(dropped)
§ 506	Subsequent factual incompetence
§ § 507-509	(dropped)
Section 510	Declaration of documents
§ 510a	Contents of the Protocol
§ 510b	Judgment on the performance of an act
§ 510c	(dropped)
Book 3
Legal remedies
Section 1
Appeal
Section 511	Statuality of appeal
§ 512	Preliminary rulings in the first legal suit
§ 513	Grounds for appeal
§ 514	Missed-Parts
§ 515	Renunciation of appeal
§ 516	Withdrawal of appeal
§ 517	Period of appeal
§ 518	Period of appeal in the event of judgment
§ 519	Appeal
§ 520	Grounds for appeal
§ 521	Service of the appellate and justification
§ 522	Admissibility check; reject decision
§ 523	Appointment determination
§ 524	Port vocation
§ 525	General procedural principles
§ 526	Decisive Judge
§ 527	Pre-prepared single judge
§ 528	Binding to the applications for vocational training
§ 529	Scope of examination of the Court of Appeal
§ 530	Late-night attack and defence equipment
§ 531	Rejected and new means of attack and defence
§ 532	Complaints of inadmissibility of the action
§ 533	Change of action; statement of settlement; counterclaim
§ 534	Loss of Rüfairer
§ 535	Judicial Confession
§ 536	Party hearing
§ 537	Provisional enforceability
§ 538	Reject
§ 539	Versomation
§ 540	Contents of the appellate judgment
§ 541	Process files
Section 2
Revision
§ 542	Statliability of the revision
§ 543	Approval revision
§ 544	Non-admission complaint
§ 545	Revisionsgrounds
§ 546	Term of infringement
§ 547	Absolute Revisionsgrounds
§ 548	Revision deadline
§ 549	Revision installation
§ 550	Delivery of the revision
§ 551	Revision justification
§ 552	Admissibility check
§ 552a	Reject Decision
§ 553	Appointment determination; time limit for entry
§ 554	Port revision
§ 555	General procedural principles
§ 556	Loss of Rüfairer
§ 557	Scope of the revision examination
§ 558	Provisional enforceability
§ 559	Limited review of actual findings
§ 560	Not Revisible Laws
§ 561	Revision rejection
§ 562	Annulment of the judgment under appeal
§ 563	Refoulement; own decision
§ 564	No justification of the decision in respect of complaints of procedural shortcomings
§ 565	Rules applicable to the appeal procedure
§ 566	Jump revision
Section 3
Complaint
	Title 1
	Immediate complaint
§ 567	Immediate complaint; follow-up complaint
§ 568	Original single judge
§ 569	Deadline and form
§ 570	Suspensive effect; interim measures
§ 571	Justification, prelusion, exceptions to the law enforcement
§ 572	Proceedings of the appeal procedure
§ 573	Reminder
	Title 2
	Legal complaint
§ 574	Legal complaint; follow-up complaint
§ 575	Time-limit, form and justification of the legal complaint
Section 576	Reasons for the appeal
§ 577	Examination and decision of the legal complaint
Book 4
Resumption of proceedings
Section 578	Types of resumption
§ 579	Action for annulment
§ 580	Restitution
§ 581	Special requirements of the restitution action
§ 582	Auxiliary nature of the restitution action
§ 583	Preliminary Decisions
§ 584	Exclusive competence for invalidity and restitution claims
§ 585	General procedural principles
§ 586	Klagefrist
§ 587	Klageschrift
§ 588	Contents of the application
§ 589	Admissibility check
§ 590	New Negotiation
Section 591	Legal remedies
Book 5
Document and Exchange Process
§ 592	Admissibility
§ 593	Asset Content; Urals
§ 594	(dropped)
§ 595	No counterclaim; Evidence
§ 596	Stand-off from the document process
§ 597	Action statement
§ 598	Dismissal of objections
§ 599	Conditional judgment
§ 600	Follow-up
§ 601	(dropped)
§ 602	Change Process
§ 603	Place of jurisdiction
§ 604	Asset retention; charge period
§ 605	Rules of evidence
Section 605a	Check process
Book 6
(dropped)
Book 7
Mahnation
§ 688	Admissibility
§ 689	Responsibility; Machine processing
§ 690	Request for poppy
Section 691	Rejection of the order for payment
§ 692	Mahnbescheid
§ 693	Notification of the letter of payment
§ 694	Opposition to the letter of formal notice
§ 695	Notice of objection; copies
Section 696	Procedure by contradiction
Section 697	Initiation of the dispute
§ 698	Submission of proceedings to the same court
§ 699	Enforcement decision
§ 700	Objection to the declaration of enforceable
Section 701	The effect of the modesty
§ 702	Form of applications and declarations
§ 703	No evidence of atrocity
Section 703a	Certificates of documents, bills of exchange and cheques
Section 703b	Special arrangements for machine processing
§ 703c	Forms; introduction of machine processing
§ 703d	Defendant without a general national court
Book 8
Enforcement
	Section 1
	General provisions
§ 704	Enforceable final parts
§ 705	Formal legal force
§ 706	Legal force and emergency certificate
§ 707	Suspension of enforcement of compulsory enforcement
§ 708	Provisional enforceability without security
§ 709	Provisional enforceability against security
§ 710	Exceptions to the creditor's security
Section 711	Power of use
§ 712	Protection request of the debtor
Section 713	Non-debtor protection orders
§ 714	Applications for provisional enforceability
§ 715	Return of security
Section 716	Supplement to the judgment
Section 717	Effects of a repeal or varying judgment
§ 718	Preliminary ruling on provisional enforceability
§ 719	Cessation of legal remedies and opposition
§ 720	Deposit with the application of enforcement
§ 720a	Enforcement
Section 721	Clearance period
Section 722	Enforceability of foreign judgments
Section 723	Judgment of enforcement
Section 724	Enforceable production
Section 725	Enforcement clause
Section 726	Enforceable production of conditional services
Section 727	Enforceable copy for and against legal successor
Section 728	Enforceable copy of a repatriation or executor of the wills
Section 729	Enforceable handling of assets and corporate customers
Section 730	Hearing of the debtor
Section 731	Action for the granting of the enforcement clause
Section 732	Reminder of the issue of the enforcement clause
Section 733	Further enforceable production
Section 734	Note on the issuing of the judgment on the original surname
§ 735	Enforcement against non-legal association
§ 736	Compulsory enforcement against BGB-Gesellschaft
Section 737	Enforcement in the case of property or inheritance
§ 738	Enforceable manufacture against riveting divers
§ 739	Guerrian presumption against spouses and life partners in enforcement
§ 740	Enforcement in the overall good
Section 741	Forecloting to the total good in the labour market
Section 742	Enforceable production of goods in the case of a community of goods during litigation
Section 743	Ended goods community
Section 744	Enforceable copy of the completed goods community
Section 744a	Enforcement in the case of property and property
§ 745	Enforcement in the case of continued goods
Section 746	(dropped)
Section 747	Enforcement in undivided discount
Section 748	Enforcement of executors in executors
§ 749	Enforceable copy for and against executors of the wills
§ 750	Conditions of foreclosure
Section 751	Conditions for the commencing of the execution
Section 752	Partial enforcement security
Section 753	Enforcement by court enforcing
Section 754	Enforcement order and enforceable production
§ 755	Identification of the location of the debtor
Section 756	Enforcement of performance by train by train
Section 757	Handing over the title and receipt
Section 758	Search; Violation of violence
Section 758a	Judicial search order; Enforcement of the Untime
§ 759	Confiscation of witnesses
§ 760	File inspection; document transcript
Section 761	(dropped)
Section 762	Protocol on Enforcement Acts
Section 763	Requests and communications
§ 764	Court of Enforcement
§ 765	Enforcement court orders on performance train by train
Section 765a	Enforcement protection
Section 766	Reminder of the way in which enforcement is carried out
Section 767	Enforcement Action for Enforcement
Section 768	Action against enforcement clause
Section 769	Interim orders
§ 770	Preliminary injunctions in the judgment
Section 771	Third party objection
Section 772	Third party opposition situation in the case of a prohibition on divestment
Section 773	Third party opposition situation of the afterlife
Section 774	Third party opposition situation of the spouse
§ 775	Adjustment or restriction of enforcement
Section 776	Repeal of enforcement measures
Section 777	Reminder if the creditor is secured enough
Section 778	Enforcement of inheritance before inheritance
§ 779	Continuation of compulsory enforcement after the debtor's death
§ 780	Reservation of limited liability for the heirloth
Section 781	Limited liability in the enforcement of enforcement
Section 782	Speeches of the heir against resounding believers
Section 783	Speeches of the heir against personal creditors
Section 784	Enforcement in the case of succession management and insolvency proceedings
§ 785	Heir's defenses against the execution
Section 786	Enforcement action on the execution of a restricted liability
§ 786a	Maritime and inland waterway liability limitation
Section 787	Enforcement in the case of herreness land or ship
Section 788	Cost of foreclosure
Section 789	Intervention by authorities
§ 790	(dropped)
Section 791	(dropped)
Section 792	Issuing of documents to creditors
Section 793	Immediate complaint
Section 794	Other enforcement titles
Section 794a	Enforcement of eviction from clearance comparison
§ 795	Application of the general rules to the other enforcement titles
Section 795a	Enforcement of cost-fixing decision
Section 795b	Enforceable declaration of judicial settlement
Section 796	Enforcement of enforceable conditions
§ 796a	Conditions for the enforceable declaration of attorney's comparison
Section 796b	Declaration of enforceable by the process court
§ 796c	Declaration of enforceable by a notary
Section 797	Procedures for enforceable documents
§ 797a	Methods for comparing quality jobs
Section 798	Waiting period
Section 798a	(dropped)
§ 799	Enforceable document in the case of succession
Section 799a	Liability for damages in the case of execution of documents by other creditors
§ 800	Enforceable document against the respective property owner
§ 800a	Enforceable certificate at the Schiffshypothek
§ 801	National enforcement order
§ 802	Exclusivity of the courts
Section 2
Foreclosures due to monetary claims
	Title 1
	General provisions
§ 802a	Principles of enforcement; rule of law of the court enforcer
Section 802b	Amicable experience; Enforcement order on payment agreement
§ 802c	Asset information of the debtor
§ 802d	New asset information
§ 802e	Responsibility
§ 802f	Procedure for the acceptance of the asset information
§ 802g	Enforcing
§ 802h	Inadmissibility of detention
§ 802i	Asset information of the arrested debtor
§ 802j	Period of detention; renewed detention
§ 802k	Central administration of the assets
§ 802l	Information rights of the bailier
	Title 2
	Enforcement in movable property
	Subtitle 1
	General provisions
§ 803	Pfändung
§ 804	PfändPfandrecht
§ 805	Action for preferably satisfaction
§ 806	No warranties at the time of deposit
§ 806a	Announcements and interviews by the baili-enforcement
§ 806b	(dropped)
§ 807	Acceptance of the property in accordance with the pledge of the pledge
	Subtitle 2
	Enforcement in physical matters
§ 808	Incarnation at the debtor
§ 809	Incarnation at the creditor or third party
§ 810	Incarnation of unseparated fruits
§ 811	Inconundable things
§ 811a	Exchange apportion
Section 811b	Temporary exchange attachment
§ 811c	Inability of domestic animals
§ 811d	Pre-path
§ 812	Seizure of house councils
§ 813	Estimate
§ 813a	(dropped)
Section 813b	(dropped)
§ 814	Public auction
§ 815	Well-tended money
§ 816	Time and place of auctioning
§ 817	Surcharge and delivery
§ 817a	Minimum bid
§ 818	Auctioning
§ 819	Effect of the redeeming reception
Section 820	(dropped)
§ 821	Recovery of securities
§ 822	Name Spaping
§ 823	Non-course bearer securities
§ 824	Recovery of unseparated fruit
§ 825	Other type of recovery
§ 826	Connection catches
§ 827	Procedure in case of multiple seizure
	Subtitle 3
	Enforcement in claims and other property rights
§ 828	Jurisdiction of the Court of Enforcement
§ 829	Confestion of a monetary claim
Section 829a	Simplified application for enforcement in the case of enforcement orders
§ 830	Mortgage requirement
§ 830a	Confespan of a ship's mortgage claim
§ 831	Indossable Papers
§ 832	Scope of maintenance in the case of continuous references
§ 833	Scope of care in the case of work and service income
Section 833a	Account balance in account balance
§ 834	No hearing of the debtor
§ 835	Transfer of a money request
§ 836	Effect of referral
§ 837	Transfer of a mortgage request
Section 837a	Transfer of a ship's mortgage request
§ 838	Plea of debtor at faustpfand
§ 839	Remittance for wastage
§ 840	Obligation to explain the third-party debtor
§ 841	Obligation to proclaim the dispute
§ 842	Compensation in the event of delayed recovery
§ 843	Renunciation of the Pfandgcreditor
§ 844	Other type of recovery
§ 845	Prepation
§ 846	Compulsory enforcement in claims for release
§ 847	Entitlement to a movable property
§ 847a	Claim to a ship
§ 848	Claim to an immovable property
§ 849	No transfer to payment instead
§ 850	Confestive protection for labour income
§ 850a	Non-deductible references
§ 850b	Conditionally deductible
§ 850c	Wage limits for labour income
§ 850d	Retention of maintenance claims
§ 850e	Calculation of the pfändable Labour Income
§ 850f	Alteration of the unpalatable amount
§ 850g	Modification of the Incarnability Requirements
§ 850h	Disguised earnings
§ 850i	Confestive protection for other income
§ 850k	Pfändungsschutzkonto
§ 850l	Arrangement of the inability of account balances on the Pfändungsschutzkonto
§ 851	Non-transferable claims
Section 851a	Confestive protection for farmers
Section 851b	Confestive protection in the case of rent and lease interest
§ 851c	Protection of pensions in the case of old-age pensions
§ 851d	Confessions in the case of tax-funded retirement pension funds
§ 852	Limited receivables
§ 853	Multiple seizure of a monetary claim
§ 854	Multiple seizure of a claim to movable property
§ 855	Multiple seizure of a claim to an immovable property
§ 855a	Multiple seizure of a claim on a ship
§ 856	Lawsuit in case of multiple seizure
Section 857	Enforcement of other property rights
§ 858	Forced execution in ship-saving
§ 859	Contending of total trade
§ 860	Contending of total goods
§ § 861, 862	(dropped)
§ 863	Restrictions on confessions in inheritance uses
	Title 3
	Enforcement of the immovable property
§ 864	Object of the execution of the real estate
§ 865	Relationship to the execution of the furniture
§ 866	Types of enforcement
Section 867	Zwangshypothek
§ 868	Acquisition of the forced mortgage by the owner
§ 869	Forced auction and forced administration
§ 870	Property equal rights
§ 870a	Foreclobe to a ship or ship
Section 871	National reservation in the case of railways
	Title 4
	Distribution procedures
§ 872	Requirements
§ 873	Request of the distribution court
§ 874	Subplan
§ 875	Appointment determination
Section 876	Date for explanation and execution
Section 877	Saw sequences
Section 878	Opposition Situation
§ 879	Jurisdiction for the appeal
§ 880	Content of the judgment
§ 881	Missed-Part
§ 882	Procedure after judgment
	Title 5
	Enforcement of the law against legal persons under public law
§ 882a	Enforcement due to a monetary claim
	Title 6
	List of debtors
§ 882b	Contents of the debtor's directory
§ 882c	Entry Order
§ 882d	Enforcement of the entry order
§ 882e	Deletion
§ 882f	Access to the list of debtors
§ 882g	Issue of print
§ 882h	Responsibility; design of the debtor's directory
Section 3
Enforcement for the effect of the publication of objects and for the effect of acts or omissions
Section 883	Publication of certain movable property
§ 884	Performance of a certain quantity of justifiable items
§ 885	Issue of land or ships
Section 885a	Restricted enforcement order
§ 886	Publication in the custody of a third party
§ 887	Defensible actions
§ 888	Unjustifiable actions
§ 888a	No execution of any action in the event of compensation
§ 889	Oath-of-law insurance under civil law
§ 890	Enforcement of omissions and dulsions
Section 891	Proceedings; hearing of the debtor; cost decision
§ 892	Resistance of the debtor
§ 893	Action for the benefit of the interest
§ 894	Fition of the submission of a declaration of intent
§ 895	Declaration of will for the purpose of registration in the case of provisionally enforceable
§ 896	Issuing of documents to creditors
Section 897	Expropriation; procurement of basic rights
Section 898	Acquisition of creditors
Section 4
§ § 899 to 915h	(dropped)
Section 5
Arrest and incitement
§ 916	Lock spell
§ 917	Arrest Reason in the Arrest of the Arrest
§ 918	Arrest Reason for Personal Arrest
§ 919	Arrestor court
§ 920	Lock request
Section 921	Decision on the application of the Arrest
Section 922	Arrest and Arrest Decision
Section 923	Power of use
§ 924	Contradiction
Section 925	Decision to appeal
Section 926	Arrangement of the plea
§ 927	Waiver for changes in circumstances
§ 928	Enforcement of the Arredo
§ 929	Enforcement clause; full-drawing period
Section 930	Execution in movable property and receivability
Section 931	Execution in a registered ship or ship's structure
Section 932	Arresthypothek
Section 933	Enforcement of the personal arrest
Section 934	Repeal of the Arrest Enforcement
§ 935	Incontenable means of dispute
§ 936	Application of the Arrest Provisions
Section 937	Competent court
§ 938	Contents of the inversion available
§ 939	Waiver for security
§ 940	Inconsant order for the settlement of a single-branch condition
§ 940a	Clearance of living space
Section 941	Requests for entries in the land register, etc.
§ 942	Jurisdiction of the Local Court of the Beleogenic Matter
Section 943	Court of the main
Section 944	Chairman's decision on urgent procedure
§ 945	Liability for damages
Section 945a	(in future in force)
Section 945b	Authorisation
Book 9
(dropped)
Book 10
Referee procedure
Section 1
General provisions
§ 1025	Scope
Section 1026	Scope of judicial activity
Section 1027	Loss of Rüfairer
§ 1028	Receipt of written communications for an unknown stay
Section 2
Arbitration Agreement
§ 1029	Definition
Section 1030	Arbitration
§ 1031	Form of arbitration agreement
Section 1032	Arbitration agreement and action brought before the courts
Section 1033	Arbitration agreement and injunction proceedings
Section 3
Formation of the arbitral tribunal
Section 1034	Composition of the arbitral tribunal
§ 1035	Appointment of the arbitrators
§ 1036	Rejection of an arbitrator
Section 1037	Rejecting procedures
§ 1038	Inaction or impossibility of task performance
§ 1039	Order of a replacement arbitrator
Section 4
Jurisdiction of the arbitral tribunal
§ 1040	Power of the arbitral tribunal to decide on its own jurisdiction
Section 1041	Measures of an incarnate legal protection
Section 5
Implementation of the arbitral procedure
Section 1042	General procedural rules
Section 1043	Place of arbitral proceedings
Section 1044	Start of arbitral proceedings
§ 1045	Language of proceedings
Section 1046	Action and defence
Section 1047	Oral proceedings and written procedure
§ 1048	Failure of a party
§ 1049	Expert appointed by the arbitral tribunal
§ 1050	Judicial assistance in the taking of evidence and other judicial acts
Section 6
Arbitration and termination of proceedings
Section 1051	Applicable law
§ 1052	Decision by a referee collegium
Section 1053	Comparison
Section 1054	Form and content of the award
§ 1055	Effects of the award
§ 1056	Termination of arbitral proceedings
Section 1057	Decision on costs
§ 1058	Rectification, interpretation and completion of the award
Section 7
Appeal against the award
§ 1059	Cancellation request
Section 8
Conditions for the recognition and enforcement of arbitral awards
§ 1060	Domestic Arbitration
§ 1061	Foreign Arbitration Awards
Section 9
Judicial procedure
§ 1062	Responsibility
§ 1063	General provisions
§ 1064	Special features of the Enforcement Declaration of Arbitration
§ 1065	Legal remedies
Section 10
Non-contractual arbitral tribunals
Section 1066	Corresponding application of the provisions of Book 10
Book 11
Judicial cooperation in the European Union
Section 1
Service provided for in Regulation (EC) No 1393/2007
Section 1067	Delivery by diplomatic or consular representations
§ 1068	Delivery by post
Section 1069	Responsibilities
§ 1070	(dropped)
Section 1071	(dropped)
Section 2
Taking of evidence in accordance with Regulation (EC) No 1206/2001
Section 1072	Taking of evidence in the Member States of the European Union
Section 1073	Participation rights
Section 1074	Responsibilities under Regulation (EC) No 1206/2001
§ 1075	Inbound request language
Section 3
Legal aid in accordance with Directive 2003 /8/EC
Section 1076	Applicable rules
Section 1077	Outbound Requests
Section 1078	Incoming requests
Section 4
European enforcement order in accordance with Regulation (EC) No 805/2004
	Title 1
	Confirmation of domestic title as European Enforcement Order
§ 1079	Responsibility
§ 1080	Decision
§ 1081	Rectification and revocation
	Title 2
	Enforcement of European enforcement order in Germany
Section 1082	Enforcement Title
Section 1083	Translation
Section 1084	Applications in accordance with Articles 21 and 23 of Regulation (EC) No 805/2004
§ 1085	Enforcement of enforcement
§ 1086	Enforcement Action for Enforcement
Section 5
European order for payment procedure pursuant to Regulation (EC) No 1896/2006
	Title 1
	General provisions
§ 1087	Responsibility
§ 1088	Machine processing
§ 1089	Delivery
	Title 2
	Objection to the European order for payment
§ 1090	Procedure by objection
Section 1091	Initiation of the dispute
	Title 3
	Review of the European order for payment in exceptional cases
§ 1092	Procedure
	Title 4
	Enforcement from the European order for payment
§ 1093	Enforcement clause
Section 1094	Translation
§ 1095	Enforcement of enforcement and enforcement action against the European order for payment issued in the country
Section 1096	Applications in accordance with Articles 22 and 23 of Regulation (EC) No 1896/2006; Enforcement of the Enforcement Order
Section 6
European Small Claims Procedure in accordance with Regulation (EC) No 861/2007
	Title 1
	Recognition procedure
Section 1097	Initiation and implementation of the procedure
§ 1098	Refusal of acceptance on the basis of the language used
§ 1099	Revocation
§ 1100	Oral proceedings
§ 1101	Taking of evidence
§ 1102	Judgment
§ 1103	Failure
§ 1104	Remedy for the defendant's non-indebted sawing
	Title 2
	Enforcement
§ 1105	Compulsory enforcement of domestic titles
§ 1106	Confirmation of domestic title
Section 1107	Foreign enforcement order
Section 1108	Translation
§ 1109	Applications pursuant to Articles 22 and 23 of Regulation (EC) No 861/2007; Enforcement of the Enforcement Order
Section 7
Recognition and enforcement in accordance with Regulation (EU) No 1215/2012
	Title 1
	Certificate of national title
§ 1110	Responsibility
§ 1111	Procedure
	Title 2
	Recognition and enforcement of foreign titles in Germany
§ 1112	Deprivation of the Enforcement Clause
Section 1113	Translation or Transliteration
§ 1114	Countering the adjustment of a title
§ 1115	Failure to recognise or enforce
§ 1116	Ceaselation or limitation of enforceability in the Member State of origin
§ 1117	Enforcement Action for Enforcement

Book 1
General provisions

Section 1
Courts

Title 1
Competence of the courts and valuables

Unofficial table of contents

§ 1 Sachliche jurisdiction

The legal jurisdiction of the courts is determined by the law on the court constitution. Unofficial table of contents

§ 2 Mean of Value

If, in accordance with the provisions of this Act or the Law of the Judith Act, the value of the object of the dispute, of the Board of Appeal, of the appellants or of the conviction is applied, the following provisions shall apply. Unofficial table of contents

§ 3 Value-setting at the discretion of the

The value shall be determined by the court at its discretion; it may order the taking of evidence requested and on its own account for the taking of the eye note and the expert's opinion. Unofficial table of contents

§ 4 Value calculation; side claims

(1) For the purposes of value calculation, the date of filing of the action, in the appeal body of the date of the lodging of the appeal, in the conviction of the date of the closing of the oral proceedings on which the judgment is delivered, shall be (2) In the case of claims arising from bills of exchange as defined in the Exchange Act, interest, costs and commission, other than the exchange sum, shall not be taken into account in the case of claims arising from changes in the meaning of the Exchange Act. shall be considered as secondary claims. Unofficial table of contents

§ 5 Multiple Claims

A number of claims made in a claim shall be combined; this shall not apply to the subject-matter of the action and to the counterclaim. Unofficial table of contents

§ 6 possession; security; pledge

The value is determined: by the value of a thing, if it is on its possession, and by the amount of a claim, when it matters on its freezing or a pledge. If the subject-matter of the lien has a lower value, it shall be the decisive factor. Unofficial table of contents

§ 7 Basic serviceability

The value of a basic serviceability shall be determined by the value it has for the existing property and, if the amount by which the value of the serving land is reduced by the serviceability, is greater by that amount. Unofficial table of contents

§ 8 Page or lease

If the existence or the duration of a lease or lease is in dispute, the amount of the lease or rent paid for the whole of the contested period shall be the amount of that amount and, if the amount of 25 times the one-year pay is less, that amount shall be for the amount of the lease or rental period. Value calculation crucial. Unofficial table of contents

§ 9 Return benefits or benefits

The value of the right to recurrent benefits or benefits shall be calculated in accordance with three and a half times the value of the one-year reference. For certain duration of the subscription right, the total amount of future references shall be decisive if it is the lesser. Unofficial table of contents

§ 10

(dropped) Unofficial table of contents

Section 11 Binding decision on lack of competence

If the incompetence of a court of law is legally pronounced on the basis of the rules on the substantive jurisdiction of the courts, that decision shall be binding on the court in which the matter is subsequently pending.

Title 2
Place of jurisdiction

Unofficial table of contents

§ 12 General Court of Jurisdiction; term

The court in which a person has its general place of jurisdiction shall be responsible for all actions to be brought against it, unless an exclusive court of jurisdiction is established for a claim. Unofficial table of contents

§ 13 General Court of Justice of the residence

The general place of jurisdiction of a person shall be determined by the place of residence. Unofficial table of contents

§ 14

(dropped) Unofficial table of contents

§ 15 General Court of Jurisdiction for extraterritorial Germans

(1) Germans who enjoy the right of extraterritoriality, as well as those employed abroad in the public service, shall retain the place of jurisdiction of their last domestic residence. If they did not have such a place of residence, they have their general place of jurisdiction at the Amtsgericht Schöneberg in Berlin. (2) This rule is not applicable to Honorary Consuls. Unofficial table of contents

§ 16 General court of residence of persons of residence

The general place of jurisdiction of a person who has no place of residence shall be determined by the place of residence in the country and, if one is not known, by the last place of residence. Unofficial table of contents

§ 17 General Court of Justice of legal persons

(1) The general place of jurisdiction of the municipalities, the corporations and those companies, cooperatives or other associations and those foundations, institutions and assets which may be sued as such shall be determined by their Seat determined. The seat shall be deemed to be the place where the administration is carried out. (2) Trade unions shall have the general place of jurisdiction in the court in whose district the mine is situated, authorities, if they can be sued as such, at (3) In addition to the place of jurisdiction determined by the provisions of this paragraph, a court of jurisdiction, which is particularly regulated by statute or in any other manner, shall be admissible. Unofficial table of contents

§ 18 General Court of Jurisdiction of the Fiscal

The general place of jurisdiction of the Treasury shall be determined by the seat of the Authority, which is called to represent the Treasury in the lawsuit. Unofficial table of contents

§ 19 Several jurisdictions in the seat of the authorities

If the place where an authority has its registered office is divided into several jurisdictions, the district, which is the seat of the authority within the meaning of § § 17, 18, shall be for the federal authorities of the Federal Minister of Justice, incidentally by the National justice administration determined by general arrangement. Unofficial table of contents

§ 19a General Court of Jurisdiction of the Insolvency Administrator

The general place of jurisdiction of an insolvency administrator for claims relating to the insolvency mass shall be determined by the seat of the insolvency court. Unofficial table of contents

Section 20 Special place of jurisdiction for the place of stay

The Court of Justice of the Court of Justice of the Court of Justice of the European Union shall be responsible for the protection of persons in a place under conditions which, by their very nature, indicate a stay of longer duration, in particular as domestic aid workers, workers, commercial agents, students, pupils or apprentices. A place of residence for all legal proceedings brought against these persons for the purpose of property rights. Unofficial table of contents

Section 21 Special jurisdiction of the branch office

(1) Where a person in the business of a factory, an act or another business has an establishment from which transactions are directly concluded, all the actions relating to the business of the establishment may be brought against him by: the court of the place where the establishment is located. (2) The place of jurisdiction of the place of jurisdiction is also justified for claims against persons who have a property provided with residential and commercial buildings as owners, beneficiaries or tenants. in so far as these claims are based on the management of the good relating to legal relationships. Unofficial table of contents

Section 22 Special Jurisdiction of the Membership

The court in which congregations, corporations, companies, cooperatives or other clubs have the general place of jurisdiction shall be responsible for the actions brought by them or by the insolvency administrator against the members as such or by: the members in that capacity shall be charged against each other. Unofficial table of contents

Section 23 Special Jurisdiction of the Property and the Object

In the case of claims for claims against a person who is not domicated in the country, the court in whose district is the property of the same or the subject matter of the action shall be the competent authority. In the case of exposures, the place where the property is located shall be the place of residence of the debtor and, if a cause for security is liable for the claims, the place where the matter is located. Unofficial table of contents

§ 23a (omitted)

- Unofficial table of contents

Section 24 The exclusive legal venue

(1) In the case of actions by which the property, a physical burden or the freedom is asserted by such actions, the court of law shall be the exclusive jurisdiction of the court for the purposes of demarcation, division and possession of property, where the property is immovable. (2) In the case of actions relating to a basic service, a reallast or a right of pre-emption, the position of the serving or burdened property is decisive. Unofficial table of contents

Section 25 Dingual place of jurisdiction of the subject

In the court case in rem, the action brought by a mortgage, the basic debt or the guilt of the pension, the action for the rewriting or erasure of a mortgage, the basic guilt or the guilt of the pension, can be brought to the jurisdiction of the person in charge of the action for the release of the personal As a matter of fact, the action for the recognition of a reallast shall be the subject of an action for a retroactive benefit if the related actions are directed against the same defendant. Unofficial table of contents

§ 26 Dingual place of jurisdiction for personal claims

In the place of jurisdiction, personal claims, which are directed against the owner or owner of an immovable property as such, as well as claims for damage to a property or in respect of compensation, may be due to: The expropriation of a property shall be levied. Unofficial table of contents

Section 27 Special jurisdiction of the inheritance

(1) proceedings relating to the determination of the inheritance law, claims of the heir against an inheritance owner, claims arising from legacies or other orders of death for reasons of duty, claims of duty or the division of the inheritance, may be brought before the court in which the deceased had the general place of jurisdiction at the time of his death. (2) If the deceased was a German and at the time of his death he had no general place of jurisdiction in the country, the person in question may be (1) shall be brought before the Court of First Instance, in the district of which the If he had not had his last domicial residence; if he had not had such a place of residence, the provision of the second sentence of Article 15 (1) shall apply mutagentily. Unofficial table of contents

Section 28 Extended jurisdiction of the inheritance

In the place of jurisdiction of the inheritance, legal proceedings may also be levied on the basis of other liabilities as long as the estate is still in whole or in part in the district of the court or the existing several heirs are still the total debtor Arrest. Unofficial table of contents

Section 29 Special Court of Jurisdiction of the Place of Performance

(1) In the case of disputes arising out of a contractual relationship and its existence, the court of the place where the contested obligation is to be fulfilled shall be competent. (2) An agreement on the place of performance shall give rise to jurisdiction only if the Contracting parties are merchants, legal persons under public law or special assets under public law. Unofficial table of contents

§ 29a The exclusive place of jurisdiction for rent or lease rooms

(1) In the case of disputes relating to claims arising out of lease or lease relations over rooms or the existence of such relationships, the court shall have exclusive jurisdiction in the district of which the premises are located. (2) Paragraph 1 shall not apply if: is a living space of the kind referred to in § 549 (2) (1) to (3) of the Civil Code. Unofficial table of contents

§ 29b (omitted)

- Unofficial table of contents

Section 29c Special jurisdiction for door-to-door operations

(1) For claims arising from contracts concluded outside of premises (Section 312b of the Civil Code), the court in whose district the consumer is domicated at the time of collection is competent, in the absence of such a contract, in the case of the consumer. habitual residence. This court is solely responsible for actions against the consumer. (2) § 33 (2) does not apply to the revocation of the other Contracting Party. (3) An agreement deviating from paragraph 1 shall be admissible in the event that the consumer After the conclusion of the contract, his domiological residence or habitual residence is transferred from the scope of this law, or his residence or habitual residence is not known at the time of the action of the action. Unofficial table of contents

§ 30 Place of jurisdiction in the case of carriage

(1) In the case of disputes arising from a carriage of goods, the Court of First Instance shall also be responsible, in the district of which the place of taking over the good or the place intended for the delivery of the goods is situated. A lawsuit against the exporter or exporter may also be brought in the place of jurisdiction of the carrier or the consignment of the carrier. An action against the carrier or a carrier may also be lodged in the place of jurisdiction of the exporter or the exporter. (2) For litigation relating to the carriage of passengers and their luggage, to: Ships shall also be responsible for the court in whose district the place of departure or destination in the contract of carriage is situated. An agreement deviating from the first sentence shall be ineffective if it is taken before the occurrence of the event, which causes the passenger's death or bodily injury or the loss, damage or delayed delivery of the baggage . Unofficial table of contents

§ 30a Court of jurisdiction in the case of salvage claims

In the case of claims arising from the recovery of ships or other property in a body of water against a person who has no jurisdiction in the territory of the country, the Court of First Instance shall have jurisdiction in the case of which the plaintiff is in general The place of jurisdiction. Unofficial table of contents

Section 31 Special Jurisdiction of the Asset Management

The court of the place where the administration is managed shall be the court of the place for claims made from an asset management by the head of the business against the liquidator or by the liquidator against the business person. Unofficial table of contents

Section 32 Special Court of Jurisdiction of the illicit act

The court in whose district the act is committed shall be the competent authority in respect of actions arising out of unauthorised actions. Unofficial table of contents

Section 32a The exclusive place of jurisdiction of the environmental impact

The Court of First Instance is solely responsible for actions against the holder of an installation referred to in Annex 1 to the Environmental Liability Act, which claims the replacement of a damage caused by an environmental impact, in the district of which the court is responsible. The environmental impact of the plant has been assumed. This shall not apply if the facility is located abroad. Unofficial table of contents

§ 32b The exclusive place of jurisdiction in the case of false, misleading or ominous public capital market information

(1) For claims in which:

1.

a claim for compensation on the basis of false, misleading or submiserable public capital market information;

2.

a claim for compensation for the use of false or misleading public capital market information, or for failure to provide information that public capital market information is false or misleading; or

3.

a contract of fulfilment based on an offer under the Securities Acquisition and Takeover Act;

, the court is solely responsible for the registered office of the issuer concerned, the supplier of other assets or the offeree company, if the registered office is situated in the territory of the country and, at the very least, the action to the issuer, the offeror or the offeree company. (2) The national governments are empowered to assign the actions referred to in paragraph 1 to a district court for the districts of several district courts by means of a legal regulation, provided that: this is conducive to the factual promotion or speedier execution of the procedures is. The state governments can transfer this authorisation to the Land Justice Administrations. Unofficial table of contents

Section 33 Special jurisdiction of the counterclaim

(1) In the case of the court of action, a counterclaim may be filed if the counterclaim is related to the claim asserted in the action or to the means of defence brought against him. (2) This does not apply if, for a Appeal for the counterclaim the agreement of the jurisdiction of the court pursuant to § 40 para. 2 is inadmissible. Unofficial table of contents

Section 34 Special Court of jurisdiction of the main proceedings

The court of the main proceedings shall be responsible for the proceedings of the litigation agents, the advisers, the appointing agents and the court enforcerers for charges and levies. Unofficial table of contents

Section 35 Election under several jurisdictions

The plaintiff has the choice among several competent courts. Unofficial table of contents

§ 35a (omitted)

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Section 36 Judicial determination of jurisdiction

(1) The competent court shall be determined by the court first of all higher in the legal proceedings:

1.

if, in a single case, the competent court is not legally or effectively prevented from exercising the judge's office;

2.

if it is uncertain, with regard to the borders of different jurisdictions, which court is responsible for litigation;

3.

where a number of persons who have their general jurisdiction in different courts are to be sued as consents in the general place of jurisdiction and a Community special place of jurisdiction is not justified in the case of the dispute is;

4.

if the action is to be filed in the court of law and the case is situated in the districts of different courts;

5.

if, in a dispute, different courts have declared themselves to be competent in the courts;

6.

if a number of courts, one of which is competent to deal with the dispute, have declared themselves to be uncompetent in law.

(2) If the first higher Community court is the Federal Court of Justice, the competent court shall be determined by the Higher Regional Court, to whose district the court first dealt with with the case. (3) Will the Oberlandesgericht of the Federal Court of Justice in the case of the court of the Federal Court of Justice of the Federal Court of Justice shall be If the competent court is to deviate from the decision of another Higher Regional Court or the Federal Court of Justice in a legal matter, it shall submit the case to the Federal Court of Justice on the grounds of its legal opinion. In this case, the Federal Court of Justice shall decide. Unofficial table of contents

Section 37 Procedure in the case of judicial provision

(1) The decision on the request for the determination of the competent court shall be taken by decision. (2) The decision determining the competent court shall not be countervailable.

Title 3
Agreement on the jurisdiction of the courts

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§ 38 Authorized court agreement

(1) An uncompetent court of the first legal action shall be responsible by express or implied agreement of the parties, if the parties to the contract are merchants, legal persons under public law or public law (2) The jurisdiction of a court of the first legal action may also be agreed if at least one of the parties does not have a general place of jurisdiction in the country. The agreement must be concluded in writing or, if it is taken orally, confirmed in writing. If one of the parties has a domestic general court of jurisdiction, only a court may be elected for the domestic territory in which that party has its general place of jurisdiction or a special place of jurisdiction is established. (3) Moreover, a court of law may be elected. Court agreement shall only be admissible if it is expressly and in writing

1.

after the emergence of the dispute, or

2.

where it is concluded that the party to which he or she is entitled, after the conclusion of the contract, transfers the place of residence or usual place of residence from the scope of that law, or that the place of residence or habitual residence of the party in question is in the The date of the action of the action is not known.

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Section 39 Jurisdiction as a result of rügeloser negotiation

Furthermore, the jurisdiction of a court of the first legal proceedings shall be justified by the fact that the defendant, without claiming the lack of competence, negotiates on the main matter orally. This shall not apply if the instruction according to § 504 has not been received. Unofficial table of contents

Section 40 Uneffective and inadmissible court agreement

(1) The agreement shall have no legal effect if it does not relate to a specific legal relationship and the legal disputes arising from it. (2) An agreement shall be inadmissible if:

1.

the legal dispute relates to non-property rights which are assigned to the local courts without regard to the value of the object of the dispute; or

2.

an exclusive court of jurisdiction is established for the action.

In such cases, the jurisdiction of a court is not justified by the fact that the main cause of the proceedings is over-negotiated.

Title 4
Exclusion and rejection of court personnel

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Section 41 Exclusion of the exercise of the judge's office

A judge is excluded from the exercise of the judge's office by law:

1.

in matters in which he himself is a party or in which he or she is party to a party in the relationship of a co-entitled, a co-obligated person or a person who is responsible for the right of recourse;

2.

in the case of his spouse, even if the marriage no longer exists;

2a.

in matters of his life partner, even if the life partnership no longer exists;

3.

in the case of a person with which he or she is related in a straight line, or whether he or she is or has been or has been, in the sidelines, related to the third degree or to the second degree;

4.

in matters in which he has been or has been authorised to act as a party to a party, or to act as a legal representative of a party;

5.

in matters in which he has been heard as a witness or expert;

6.

in matters where he has been involved in the adoption of the contested decision in an earlier legal proceedings or in the arbitral proceedings, unless the activity of an authorised or requested judge is acting;

7.

in matters relating to excessive legal proceedings, where he has been involved in the proceedings in question in a legal proceedings, the duration of which is based on the claim for compensation;

8.

in matters in which he participated in a mediation or other out-of-court dispute settlement procedure.

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Section 42 Rejection of a judge

(1) A judge may be refused, both in cases where he is excluded from the exercise of the judge's power by law, and because of concern of partiality. (2) Due to concern of the partiality, the rejection shall take place if: there is a reason to justify mistrust of the impartiality of a judge. (3) In any case, the right of rejection shall be the subject of both parties. Unofficial table of contents

Section 43 Loss of the right of rejection

A party may no longer refuse a judge for concern about the partiality if, in the absence of the ground of refusal, it has admitted to a trial or has lodged an application. Unofficial table of contents

Section 44 rejection request

(1) The request for rejection shall be affixed to the court to which the judge belongs; it may be declared in the minutes before the office of office. (2) The reason for refusal shall be made credible; the party shall not be held responsible for the purpose of insurance in respect of oath. be approved. The witness of the rejected judge can be referred to the credibility of the credibility. (3) The rejected judge has to give his opinion on the grounds of refusal. (4) If a judge in which the party is admitted to a trial, or not, the judge shall be informed of the evidence. If an application has been submitted for fear of partiality, it must be made credible that the reason for refusal arose later or that the party had become aware of it. Unofficial table of contents

Section 45 Decision on the application for rejection

(1) In the case of a request for rejection, the court which belongs to the act of rejection shall decide without its participation. (2) If a judge is rejected at the District Court, another judge of the Local Court shall decide on the application. A decision does not need to be taken if the rejected judge considers the request for rejection to be justified. (3) If the court appointed to the decision is unable to validly decide by leaving the rejected member, then that decision shall first be decided in the course of the appeal. higher court. Unofficial table of contents

Section 46 Decision and appeal

(1) The decision on the request for rejection shall be taken by decision. (2) No appeal shall be found against the decision declaring the request to be justified, against the decision declaring the request to be unfounded. immediate appeal. Unofficial table of contents

Section 47 Insuspensible acts

(1) A rejected judge shall carry out only acts which do not permit a postponement before the request for rejection is made. (2) If a judge is rejected during the trial, and the decision on the rejection would be postponed, the judge would not be able to postpone the decision. If negotiation is required, the date may be continued with the participation of the judge rejected. If the objection is declared to be well founded, the part of the negotiation which is to be made after the application of the request for rejection shall be repeated. Unofficial table of contents

Section 48 Self-repudiation; rejection of ex office

The court responsible for the execution of a request for rejection shall also have to decide if such a request is not appropriate, but a judge shall indicate a relationship which could justify his refusal, or if: another cause of doubt arises as to whether a judge is excluded from law. Unofficial table of contents

§ 49 Urkundsbeamte

The provisions of this Title shall be applied in accordance with the official documents of the Office of the Office; the decision shall be taken by the Court of First Instance in which he is employed.

Section 2
Parties

Title 1
Party capability; process capability

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§ 50 Party capability

(1) Party-capable is who is legally capable. (2) An association which is not legally capable can sue and be sued; in the lawsuit the association has the position of a legal association. Unofficial table of contents

§ 51 Process capability; legal representation; process management

(1) The ability of a party to stand trial, the representation of non-processable parties by other persons (legal representatives) and the need for special authorisation for process control shall be determined in accordance with the rules (2) The fault of a legal representative is the same as the fault of the party. (3) Has an unprocessable party, which is a full-year party. is a natural person, effective in writing another natural person with their judicial representation, this person shall be equal to a legal representative if the delegation is appropriate, the necessity of a care shall be omitted in accordance with the second sentence of Article 1896 (2) of the Civil Code. -. Unofficial table of contents

§ 52 Scope of process capability

(1) A person is process-capable in so far as it can commit himself through contracts. Unofficial table of contents

§ 53 Process incapacity in the case of care or parish

If a person is represented by a carer or carer in a legal dispute, it shall be the same for the litigation of an unprocessable person. Unofficial table of contents

§ 53a (omitted)

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Section 54 Special authorization to process acts

Individual process actions, which require special authorisation in accordance with the provisions of civil law, are valid without them, if the authorization to conduct the process in general is granted or the process management is also carried out without a such empowerment in general is statthful. Unofficial table of contents

§ 55 Process capability of foreigners

A foreigner who, according to the law of his country, lacks the process capability, is considered to be processable if he is entitled to process capacity in accordance with the law of the court of proceedings. Unofficial table of contents

Section 56 Examination of officals

(1) The General Court has to take into account the lack of party capacity, the ability to process, the legitimation of a legal representative and the necessary authorization to conduct the proceedings of its own motion. (2) The party or its legal Representatives may be admitted to the process management with reservation of elimination of the defect, if the default is associated with the risk of the party. The final part may not be enacted until the period to be determined for the removal of the defect has expired. Unofficial table of contents

§ 57 Process flea

(1) If an unprocessable party is to be sued, which is without a legal representative, then the chairman of the court of proceedings, if there is a risk of default, shall, on application up to the entry of the legal representative, have a supremtity. (2) The Chairman may also appoint such a representative if, in the cases of § 20, an unprocessable person is to be sued in the court of their residence. Unofficial table of contents

§ 58 Process flea in herreneless land or ship

(1) If a right to a property, which has been abandoned by the previous owner in accordance with Section 928 of the Civil Code and has not yet been acquired by the person entitled to the right of appropriation, is to be asserted in the course of the action, the Chairman of the court of proceedings, on request, to appoint a representative who, pending the registration of a new owner, is responsible for the exercise of the rights and obligations arising from the ownership of the property. (2) Paragraph 1 shall apply mutatis. if a right of a registered ship or a ship is claimed in the course of the action by the former owner pursuant to § 7 of the Law on Rights of Registered Ships and Shipbuilding Works of 15 November 1940 (RGBl. 1499), and has not yet been acquired by the person entitled to the right of appropriation.

Title 2
Dispute settlement

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Section 59 Dispute settlement in the case of the legal community or the identity of the reason

A number of persons may be conjointly complained or sued as members of the dispute if they are in the legal community with regard to the object of the dispute or if they are entitled to do so on the basis of the same factual and legal reason, or are committed. Unofficial table of contents

Section 60 Dispute Settlement cooperatives in the event of the similarity of claims

A number of persons may also be subject to joint action or sued as contentious persons if the subject-matter of the same kind and based on an essentially similar factual and legal basis is based on the subject-matter of the of the legal dispute. Unofficial table of contents

Section 61 Impact of the Dispute Cooperative

In so far as it does not result from the provisions of civil law or this law, the contentias are opposed to the opponent as individuals in such a way that the actions of one of the concocted parties do not benefit the other neither to the advantage nor to the others. to the detriment. Unofficial table of contents

Section 62 Necessary Dispute Settlement

(1) If the legal relationship in dispute can only be determined in a uniform manner in relation to all the parties to the dispute, or if, for any other reason, the dispute cooperative is a necessary one, if an appointment or a period of time is only of individual A congregation is not considered to be represented by the defaulting members of the armed forces. (2) The defaulting members of the armed forces are also to be considered in the later proceedings. Unofficial table of contents

§ 63 Process Operation; Charges

The right to enter the process is open to any concocted person; all the dates are to be charged on all dates.

Title 3
Participation of third parties in litigation

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§ 64 Main intervention

Any person who claims the matter or the right to which a dispute has been brought about by other persons in whole or in part shall be entitled, pending the final decision of that dispute, to his claim by means of a Appeal against both parties to the Court of First Instance, before which the dispute was brought before the first legal proceedings. Unofficial table of contents

Section 65 Suspension of the main process

The main process can be suspended at the request of a party until the final decision on the main intervention. Unofficial table of contents

§ 66 Side intervention

(1) Anyone who has a legal interest in the fact that in a dispute which is pending between other persons the one party obsiege, can accede to that party for the purpose of its support. (2) The side intervention can be carried out in any situation of the Legal proceedings until the final decision, including in connection with the filing of an appeal, shall be made. Unofficial table of contents

Section 67 Legal status of the intervening intervener

The intervener shall be able to accept the dispute as to the situation in which he is at the time of his accession; he shall be entitled to invoke acts of aggression and defence and to carry out all the acts of proceedings effectively, to the extent that: his statements and actions are in contradiction with statements and actions by the main party. Unofficial table of contents

Section 68 Effects of the secondary intervention

The intervener shall not be heard in relation to the main party with the allegation that the lawsuit, as it was before the judge, was unproperly decided; he shall be held with the allegation that the main party disputes the dispute had been defective, only in so far as it was prevented by the situation of the dispute at the time of its accession or through statements and acts of the main party to invoke an act of attack or defence, or as a Attacking or defense means unknown to him, deliberately by the main party or are not asserted by gross negligence. Unofficial table of contents

Section 69 Federal Dispute Settlement

Insofar as the legal force of the decision adopted in the main process is based on the provisions of civil law on the legal relationship of the secondary intervener to the opponent of effectiveness, the intervening intervener shall be deemed to be the right to intervene in the sense of Section 61 as Armed forces of the main party. Unofficial table of contents

Section 70 Accession of the intervening intervener

(1) The accession of the secondary intervener shall be effected by filing a written plea with the court of proceedings and, if it is connected with the lodging of a legal remedy, by filing a plea in the court of appeal. The pleadings are to be delivered to both parties and must contain:

1.

the name of the parties and of the dispute;

2.

the specific indication of the interest which the auxiliary intervener has;

3.

the declaration of accession.

(2) In addition, the general rules on preparatory written records shall apply. Unofficial table of contents

Section 71 Intermediate dispute over side intervention

(1) The request for a refusal of a secondary intervention shall be decided after oral proceedings between the parties and the intervening intervener. The intervener is to be admitted if he makes his interest credible. (2) An immediate appeal will be lodged against the interim judgment. (3) As long as the inadmissibility of the intervention is not legally pronounced, the Intervenient will be held in the Main proceedings. Unofficial table of contents

Section 72 Admissibility of the proclaim

(1) A party which, in the event of an unfavourable exit of the dispute, may claim to be entitled to a guarantee or a claim for damages against a third party, or the claim of a third party concerned, may, until the final judgment, be legally binding. (2) The Court of First Instance and an expert appointed by the Court of First Instance shall not be third parties within the meaning of this provision. § 73 sentence 2 shall not apply. (3) The third party shall be entitled to a further dispute announcement. Unofficial table of contents

Section 73 Form of the Dispute Settlement

For the purposes of the announcement of the dispute, the party must submit a plea in which the ground of the dispute and the situation of the dispute shall be disclosed. The pleadings shall be sent to the third party and shall be communicated to the opponent of the contender in transcript. The announcement of the dispute shall not take effect until the delivery to the third party. Unofficial table of contents

Section 74 Effects of the promulgation

(1) If the third party accedes to the dispute, its relationship with the parties shall be determined in accordance with the principles of secondary intervention. (2) If the third party does not accede to accession or if he does not declare himself, then the dispute shall be without regard to (3) In all cases of this paragraph, the provisions of § 68 shall be applied against the third party, with the exception that, instead of the period of accession, the time at which accession may be made as a result of the promulgation of the dispute shall be decided upon. was. Unofficial table of contents

Section 75 creditor dispute

If the accused debtor proclaims the dispute to a third party who claims the claim for himself, and if the third party enters the dispute, the defendant shall be the defendant if he or she accepts the amount of the claim in favour of the disputed. Creditors, who do not have the right to withdraw, to dismiss the right to withdraw from the dispute, under conviction, into the costs imposed by his unsubstantiated objection, and the dispute over the right to the right to withdraw from the Demand to continue alone between the creditors in dispute. The amount deposited shall be awarded to the obsietive and shall also be condemned for the reimbursement of expenses incurred by the defendant, not by the unfounded objection of the defendant, including the cost of the deposit. Unofficial table of contents

§ 76 Designation of copyright in the possession

(1) Anyone who is sued as the owner of a cause which he claims to possess on the basis of a legal relationship of the kind referred to in § 868 of the Civil Code, may, prior to the trial, be the main subject under the submission of a pleadings, in to which he shall designate the indirect owner, and to request a notice of dispute to the summons of the mediable owner for a declaration. Up to this declaration or until the end of the date in which the person has declared himself to be declared, the defendant may refuse the trial to the main cause. (2) The defendant disputes the claim of the defendant or does not declare himself, so the defendant is entitled to comply with the plea. (3) If the defendant's claim is recognized as correct by the name of the defendant, the defendant shall be entitled to take over the process with the defendant's consent. The plaintiff's consent is only necessary to the extent that he asserts claims which are independent of the fact that the defendant has a legal relationship with the species referred to in paragraph 1. (4) The person appointed has the trial , the defendant shall, at his request, be disbanded from the action. The decision shall also be effective and enforceable against the defendant in the event of the case itself. Unofficial table of contents

§ 77 Designation of copyright in the event of impairment of ownership

If the owner of a case or the person entitled to a case is entitled to a claim for removal of the impairment or to omission of further impairments on account of an impairment of the property or of his/her right , the provisions of Section 76 shall apply mutatiously, provided that the defendant claims to have made the impairment in the exercise of the right of a third party.

Title 4
Process Plenipotentiaries and Advisory Board

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§ 78 AnwaltProcess

(1) The parties must be represented by a lawyer before the county courts and the Higher Regional Courts. If a Supreme Court is established in a country on the basis of § 8 of the Introductory Act to the Law of the Judicial Constitution, the parties must also be represented by a lawyer before that law. Before the Federal Court of Justice, the parties must be represented by a lawyer approved by the Federal Court of Justice. (2) Authorities and legal persons under public law, including those of them in order to comply with their The associations may be formed as participants in the case of non-admission complaints by their own employees with competence for the office of judges or by employees with qualifications for the judicial office of other authorities or legal entities. Persons under public law, including those for the fulfilment of their (3) These rules shall apply to the proceedings before a designated or requested judge, as well as to process actions carried out in front of the Office of the Office of the Office of the Office of the Office of the Office of the Office of the Office of the Office of the European Parliament. (4) A lawyer who is authorised to represent him in accordance with the provisions of paragraphs 1 and 2 of this Article may represent himself. Unofficial table of contents

Section 78a

(dropped) Unofficial table of contents

Section 78b Notanwalt

(1) Inasmuch as a representation by lawyers is offered, the court of proceedings of one party, on its request, shall assign a lawyer for the exercise of their rights by decision for the legal proceedings, if they prepare a lawyer for their representation. The lawyer does not find and the legal proceedings or legal defence do not appear willingly or hopelessly. (2) The immediate appeal against the decision, which rejects the advising of a lawyer, takes place immediately. Unofficial table of contents

Section 78c Selection of the lawyer

(1) The lawyer to be attached in accordance with § 78b shall be selected by the chairman of the court from the number of lawyers established in the district of the court of litigation. (2) The associate lawyer may take over the representation of this (3) The party and the lawyer shall submit an immediate appeal against a decision to be taken in accordance with the law of the law on the remuneration of the party. The lawyer shall also be subject to an immediate appeal if the chairman of the court rejects the request to waive the order (Section 48 (2) of the Federal Lawyers ' Rules of Law). Unofficial table of contents

§ 79 Party Process

(1) In so far as representation by lawyers is not required, the parties may themselves lead the dispute. Parties claiming a foreign or other monetary claim for the purpose of confiscation on a foreign invoice must be represented by a lawyer acting as an authorised representative, in so far as they are not represented in accordance with the provisions of paragraph 2 of this Article. (2) The parties may be represented by a lawyer acting as an authorized representative. In addition, as authorised representative, the only competent authority is:

1.

Employees of the party or of a company affiliated with it (Section 15 of the German Stock Corporation Act); public authorities and legal persons under public law, including the concentrations that they have formed to fulfil their public duties may also be represented by employees of other authorities or legal persons under public law, including the concentrations which they have formed to fulfil their public duties,

2.

full-year family members (§ 15 of the Tax Code, § 11 of the Life Partnership Act), persons with competence to the judge's office and contentions if the representation is not related to a fee-based activity,

3.

Consumer organisations and other consumer associations supported by public funds in the collection of consumer claims within the scope of their duties,

4.

Persons providing debt collection services (registered persons pursuant to § 10 para. 1 sentence 1 no. 1 of the Legal Services Act) in order for payment to the Armed Forces Tribunal, in the case of enforcement applications in the proceedings of the enforcement of enforcement in the case of movable property on account of monetary claims, including the procedure for the acceptance of the afficial insurance and the application for the issuing of an arrest warrant, each with the exception of procedural acts which have been subject to a contested procedure or shall be carried out within a contested procedure.

Agents who are not natural persons shall act by their institutions and representatives of the process representative. (3) The Court of First Instance has authorized agents who are not authorized to represent them in accordance with the provisions of paragraph 2 of this Article, by indisputable Decision back. Acts of a non-representative authorised representative and of any delivery or communications to such agents shall take effect until such time as they are rejected. The Court of First Instance may, by means of an indisputable decision, prohibit the further representation of the agent referred to in the second sentence of the second sentence of paragraph 2 (2) (1) to (3) if they are not in a position to present the matter in accordance with the law. (4) Judges may not appear as agents before a court to which they belong. In addition to the cases referred to in the second sentence of the second sentence of paragraph 2, honorary judges shall not be allowed to appear in front of a body of sprout to which they belong. The provisions of the first and second sentences of paragraph 3 shall apply. Unofficial table of contents

§ 80 Process power

The power of atonation shall be submitted in writing to the court records. It may be handed down and the court may set a time limit for this. Unofficial table of contents

§ 81 Scope of process power

The power of the process shall be authorized for all proceedings relating to the dispute, including those which are caused by a counterclaim, a retrial, a complaint under Section 321a and the enforcement of the law; Appointment of a representative and an authorized representative for the higher authorities; in order to remedy the dispute by comparison, waival of the object of the dispute or recognition of the claim made by the opponent; Reception of costs to be reimbured by the opponent or from the treasury. Unofficial table of contents

Section 82 Validate for secondary proceedings

The power of attest for the main process includes the power of attest for the main intervention, an arrest, or a procedure concerning inconscently. Unofficial table of contents

§ 83 Restriction of process power

(1) A limitation of the legal scope of the power of atonation shall have legal effect on the opponent only in so far as this restriction constitutes the elimination of the dispute by comparison, waival of the object of the dispute or recognition of the law. the claim claimed by the opponent. (2) Inasmuch as representation by lawyers is not necessary, a power of attorney can be granted for individual process actions. Unofficial table of contents

Section 84 Several Process Plenipotentiaries

Several authorised agents are entitled to represent the party both collectively and individually. A deviating determination of the power of atrocity has no legal effect on the opponent. Unofficial table of contents

§ 85 Effects of process power

(1) The procedural acts carried out by the authorised representative shall be mandatory for the party in the same manner as if they were carried out by the party itself. This applies to confessions and other actual explanations, in so far as they are not immediately revoked or corrected by the co-published party. (2) The fault of the plenipotentiary is the same as the fault of the party.

Footnote

Section 85 (2): compatible with the GG in accordance with the decision-making formula, BVerfGE v. 20.4.1982 I 1169-2 BvL 26/81- Unofficial table of contents

§ 86 Continuation of process power

The power of attorney shall not be annulled either by the death of the full-power provider or by a change in its process capacity or its legal representation; however, the Plenipotentiary shall have, after suspension of the lawsuit for the successor, in the case of a lawsuit, the power of which shall be attached. Unofficial table of contents

§ 87 Erasing of the power of attoring

(1) In contrast to the opponent, the termination of the full power contract is not obtained until the notice of the extinguishing of the power of attorney, in attorney processes only by the indication of the appointment of another lawyer legal effectiveness. (2) The Plenipotentiary becomes the termination of the contract was not prevented from acting for the full power of authority until it otherwise provided for the exercise of its rights in other ways. Unofficial table of contents

Section 88 Lack of power

(1) The defect of the power of attorney can be rummaged by the opponent in any position of the legal dispute. (2) The court has to take into account the defect of the power of attorney from officings, if a lawyer does not appear as an authorized representative. Unofficial table of contents

Section 89 Full-weight representatives

(1) If a party acts as a managing director for a party without a mandate or as an authorized representative without the provision of a power of attorney, he may be admitted to the proceedings against or without a guarantee for costs and damages for the conduct of the proceedings. The final part may not be issued until the time limit to be determined for the application of the authorisation has expired. If the authorisation is not provided at the time when the final part of the final part is issued, the time taken to replace the costs incurred by the adversary as a result of the authorisation shall be condemned to the trial management; he shall also have the opponent the (2) The party must be subject to litigation if it is issued only orally, or if it has expressly or tacitly approved the process management. Unofficial table of contents

§ 90 Beistand

(1) In the hearing, the parties may appear with appretions. It may be possible who, in proceedings in which the party may lead the dispute itself, may be empowered to represent in the trial as an agent. The court may allow other persons to assist them if this is relevant and there is a need to do so in accordance with the circumstances of the case. § 79 (3) sentence 1 and 3 and (4) shall apply accordingly. (2) The present shall be deemed to have been brought forward by the party, insofar as it is not immediately revoked or corrected by the party.

Title 5
Process Cost

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Section 91 The principle and scope of the obligation to charge

(1) The underlying party shall bear the costs of the dispute, in particular to reimburse the costs incurred by the opponent, in so far as they were necessary for the appropriate legal proceedings or legal defence. The reimbursement of expenses shall also include compensation to the opponent for the time missed by the necessary travel or by the necessary performance of appointments; the provisions in force for the compensation of witnesses shall be accordingly (2) The legal fees and expenses of the lawyer of the obsietive party are to be reimbursed in all processes, travel expenses of a lawyer who is not established in the district of the process court and at the place of the Process court also does not reside, but only in so far as the confiscation to the appropriate legal proceedings or legal defence were necessary. The costs of several attorneys are to be reimbursed only in so far as they do not exceed the costs of a lawyer or have had to enter into a change in the person of the lawyer. In his own case, the lawyer shall be obliged to reimburse the fees and expenses which he could charge as fees and expenses of an authorised attorney. (3) The costs of the dispute within the meaning of paragraphs 1 and 2 shall also include the costs of the legal proceedings. Fees incurred by a quality procedure prior to a quality agency established or recognised by the State Justice Administration, except where more than one year between the termination of the quality procedure and the action of the claim (4) The costs of the legal dispute within the meaning of paragraph 1 shall also include costs, who has paid the obsietive party of the subdued party in the course of the lawsuit. Unofficial table of contents

Section 91a Costs in the execution of the main item

(1) If the parties have declared the dispute in the main proceedings in the oral proceedings or by the filing of a written statement or on the minutes of the office of the office, the court shall decide on the costs under Consideration of the existing property and dispute resolution at its reasonable discretion by decision. The same shall apply if the defendant does not object to the plaintiff's declaration of redemption within a period of grace of two weeks since the delivery of the plea, if the defendant has previously been referred to this episode. (2) The decision will be taken immediately. This shall not apply if the dispute value of the main object does not exceed the amount referred to in § 511. Before the decision on the complaint, the opponent is to be heard. Unofficial table of contents

Section 92 Costs of partial obsiege

(1) Where each party is partly subject, the costs shall be waive or proportionate to the costs. If the costs are offset against one another, the court costs of each party shall be half of the burden. (2) The court may impose the entire process costs on the one party if:

1.

the other party's claim has been relatively minor and has caused no or only slightly higher costs, or

2.

the amount of the other party's claim was dependent on the determination by judicial discretion, on the determination by experts or on a mutual calculation.

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§ 93 Costs with immediate recognition

If the defendant did not give cause by his conduct in order to collect the action, the plaintiff shall be charged the costs of the proceedings if the defendant immediately acknowledges the claim. Unofficial table of contents

§ 93a (omitted)

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§ 93b Cost of eviction actions

(1) If a lawsuit is filed on the eviction of housing with consideration that a request by the defendant for continuation of the tenancy is due to § § 574 to 574b of the Civil Code on the basis of the legitimate interests of the If the plaintiff is not justified, the court may, in whole or in part, impose the costs on the plaintiff if the defendant had requested the continuation of the tenancy, stating the reasons, and the plaintiff obvicted for reasons that only: (Section 574 (3) of the Civil Code). This is the case in proceedings for continuation of the tenancy in the event of a dismissal of the action. (2) If a lawsuit is dismissed on the grounds that the defendant's request is to continue the proceedings, the defendant shall continue to do so. In the case of a lease on the basis of § § 574 to 574b of the Civil Code, the court may impose the costs in whole or in part on the defendant if, at the request of the plaintiff, he does not immediately inform the defendant of the reasons for the objection Information provided. This shall apply in a legal dispute due to continuation of the tenancy if the action is granted. (3) If the defendant immediately recognizes the right to eviction of the living space, he shall be granted an eviction period, so that the defendant shall be entitled to the right to Court the costs, in whole or in part, imposed on the plaintiff if the defendant, prior to the imposition of the action, stating reasons for the continuation of the tenancy or a reasonable period of eviction from the plaintiff, in vain had been in demand. Unofficial table of contents

§ 93c (omitted)

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§ 93d (omitted)

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§ 94 Costs in the case of an overweight claim

If the plaintiff asserts a claim which has been transferred to him, without the plaintiff having communicated to the defendant the transition and, on request, he has proved, the costs of the proceedings shall be charged to him in so far as it has been incurred as a result of the action taken. the defendant has been caused by the omission of the communication or the proof to contest the claim. Unofficial table of contents

§ 95 Costs in the event of a sabre or fault

The party which fails to make an appointment or a deadline, or to postpone a date, to postpone a trial, to arrange a date for the continuation of the trial or to extend a period of time due to her fault, shall to bear the costs incurred in this way. Unofficial table of contents

§ 96 Costs of unsuccessful attack or defence equipment

The costs of an unsuccessfully-lost attack or defence means can be imposed on the party that has asserted it, even if it is in the main proceedings. Unofficial table of contents

Section 97 Legal costs

(1) The costs of an appeal without success shall be borne by the party to the burden which it has lodged. (2) The costs of the appeal proceedings shall be disbursed in whole or in part to the obsietive party if, on the basis of a new case, the party (3) (to be taken away) Unofficial table of contents

Section 98 Comparison costs

The costs of a settlement concluded shall be deemed to be mutually offset if the parties have not agreed otherwise. The same shall apply from the costs of the litigation carried out by comparison, insofar as it is not already legally recognized. Unofficial table of contents

Section 99 Dispute over cost decisions

(1) The challenge of a cost decision shall be inadmissible if an appeal is not filed against the decision in the main proceedings. (2) If the main cause is dealt with by a conviction outspoken on the basis of a recognition, such the immediate appeal shall be made against the decision on costs. This shall not apply if the dispute value of the main object does not exceed the amount referred to in § 511. Before the decision on the complaint, the opponent is to be heard. Unofficial table of contents

§ 100 Costs in the case of disputes

(1) If the underlying part consists of several persons, they shall be liable for the reimbursement of expenses according to head parts. (2) In the event of a significant difference of participation in the litigation, the participation on the scale may, at the discretion of the court, be (3) If a litigation has claimed a special attack or defence, the other convicts shall not be liable for the costs incurred. (4) If several defendants are convicted as the total debtor, the they shall also be liable for the reimbursement of expenses, without prejudice to the provisions of paragraph 3, as a total debtor. The provisions of the civil law, under which such liability shall extend to the costs referred to in paragraph 3, shall remain unaffected. Unofficial table of contents

Section 101 Costs of side intervention

(1) The costs incurred as a result of a secondary intervention shall be imposed on the opponent of the main party, to the extent that it has to bear the costs of the lawsuit in accordance with the provisions of Sections 91 to 98; if this is not the case, they shall be responsible for the costs of the legal proceedings. (2) If the intervening intervener is deemed to be the party to the dispute of the main party (§ 69), the provisions of § 100 shall apply. Unofficial table of contents

Section 102

(dropped) Unofficial table of contents

Section 103 Cost-fixing basis; request for a statement of costs

(1) The right to reimbursement of the costs of the proceedings can only be claimed on the basis of a title suitable for foreclosure. (2) The application for the determination of the amount to be reimbursed shall be applied to the court of the first legal proceedings. The cost calculation, the copy thereof intended for communication to the opponent and the supporting documents used for the justification of the individual approaches shall be attached. Unofficial table of contents

Section 104 Cost-fixing procedures

(1) The court of the first legal train decides on the application for a request for a decision. On request, it is to be stated that the fixed costs of the receipt of the request for a decision, in the case of § 105 (3) of the proclamation of the judgment with five percentage points above the base interest rate in accordance with § 247 of the Civil Code, must be made. are galvanissed. The decision shall be made, in whole or in part, to the opponent of the applicant, in full or in part, with a copy of the cost statement of his/her own. The applicant shall be notified of the decision only if the application is rejected in whole or in part; the communication shall also be formless. (2) In order to take into account an approach, it is sufficient for him to be credibly made. With regard to the costs of postal and telecommunications services to a lawyer, the attorney's insurance is sufficient to ensure that these outlays have arisen. In order to take into account sales tax amounts, the declaration by the applicant is sufficient for the applicant not to be able to deduct the amounts as a pre-tax. (3) An immediate appeal is lodged against the decision. The appeal court may suspend the proceedings until the decision on which the request for a determination is based is final. Unofficial table of contents

Section 105 Simplified cost-fixing decision

(1) The decision of the decision may be placed on the judgment and the copies, provided that, at the time of receipt of the application, a copy of the judgment has not yet been issued and a delay in the production of the application does not occur. If the decision is taken in the form of § 130b, it must be recorded in a separate electronic document. The document is inextricably linked to the judgment. (2) In the cases referred to in paragraph 1, a special copy and delivery of the decision of the decision shall not take place. The parties shall be informed of the amount fixed, the opponent of the applicant, including the copy of the cost calculation. The connection of the decision to the decision with the judgment is to be maintained, provided that the request for a decision is not met only in part. (3) A request for a decision does not need to be applied if the party before the promulgating of the judgment the In this case, the copy of the cost calculation to be communicated to the opponent must be made on the basis of its own account. Unofficial table of contents

§ 106 Distribution by quota

(1) If the process costs are distributed in whole or in part by quota, the Court shall, after receipt of the request for a decision, ask the opponent to submit the calculation of his/her costs to the court within one week. The provisions of § 105 shall not apply. (2) After the fruitless expiry of the one-week period, the decision shall be taken without regard to the costs of the opponent, without prejudice to the right of the latter to claim the right to reimbursement retrospectically. to make it. The opponent shall be liable for the additional costs incurred by the subsequent procedure. Unofficial table of contents

Section 107 Change in accordance with the Dispute Settlement

(1) If, after the fixing of costs, a decision determining the value of the object of the dispute is determined, if that decision deviates from the calculation of the value which underlies the fixing of the costs, the decision shall, upon request, be: To change the cost of the costs accordingly. The application shall be decided upon by the court of the first legal suit. (2) The application shall be filed with the office within the period of one month. The period begins with the delivery and, if there is no need for such delivery, with the delivery of the decision determining the value of the object of the dispute. (3) The provisions of § 104 (3) are to be applied.

Title 6
Security Performance

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Section 108 Art and level of security

(1) In the cases of ordering a procedural security, the court may decide, at its discretion, the nature and amount of the security to be provided. In so far as the General Court has not made a provision and the parties have not agreed otherwise, the guarantee shall be due to the written, irrevocable, unconditional and indefinite guarantee of a domestised undertaking for business (2) The provisions of Section 234 (2) and § 235 of the Civil Code shall be the effect of a credit institution or by the deposit of money or such securities, which are suitable for security in accordance with Section 234 (1) and (3) of the Civil Code. The civil code should be applied accordingly. Unofficial table of contents

Section 109 Return of security

(1) Where the instigation of a security benefit has been omitted, the court having ordered or authorised the order of security shall, on request, determine a time limit within which the Party, in its favour, shall be entitled to: (2) After the expiry of the period, the Court of First Instance shall, upon request, order the return of the security, if not: in the meantime, the application of the action has been established; is the security provided by a guarantee , the Court of First Instance orders the erasance of the surety. The order becomes effective only with the legal force. (3) The applications and the consent to the return of the security can be explained before the office of the office. Decisions shall be taken by decision. (4) In the event of a decision to reject the application referred to in paragraph 1, the applicant shall lodge an immediate appeal against the decision referred to in paragraph 2 of this Article. Unofficial table of contents

§ 110 Process cost security

(1) plaintiffs who do not have their habitual residence in a Member State of the European Union or a State Party to the Agreement on the European Economic Area, shall, at the defendant's request, afford to pay due regard to the costs of the proceedings Security. (2) This obligation does not enter into force:

1.

if no security can be required under international treaties;

2.

if the decision on the reimbursement of the costs of the proceedings to the defendant would be enforced on the basis of international agreements;

3.

if the plaintiff has a basic property or a claim secured in rem in order to cover the costs of the proceedings;

4.

in the case of counterclaims;

5.

in the case of claims made on the basis of a public request.

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Section 111 Supplentable process cost security

The defendant may also request security if the conditions for the obligation to provide security do not occur until the course of the dispute and there is no undisputed part of the claim to be covered by the defendant. Unofficial table of contents

Section 112 Height of process cost security

(1) The amount of the security to be provided shall be determined by the court at its discretion. (2) In the case of the fixing, the amount of the costs of the proceedings which the defendant is likely to have to apply shall be based on the amount of the costs of the proceedings. The defendant shall not be responsible for any costs incurred by a counterclaim. (3) In the course of the dispute that the security provided is not sufficient, the defendant may be responsible for the performance of a further security. provided that there is no uncontested claim to cover a sufficient proportion of the claim. Unofficial table of contents

Section 113 Determination of time limits for process cost security

The Court of First Instance shall set a time limit within which the security shall be provided for the plaintiff in the case of an order for security. After the expiry of the period, the defendant shall, at the request of the defendant, declare the action to be withdrawn or, if the plaintiff's appeal is to be renegotiated, to reject the action.

Title 7
Process cost support and process cost advance

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Section 114 Conditions

(1) A party which, according to its personal and economic circumstances, cannot raise the costs of the process management, only in part or only in installers, shall receive on application legal aid if the intended legal proceedings or Legal defence offers sufficient prospect of success and does not seem willingly. For cross-border legal aid within the European Union, § § 1076 to 1078 apply. (2) Mutwillig is the legal prosecution or legal defense if a party that does not claim legal aid at the time of the legal aid is if there is a sufficient prospect of success, it would be a constant assessment of all the circumstances of the legal proceedings or the defence of the law. Unofficial table of contents

§ 115 Use of income and wealth

(1) The party has to use its income. Income includes all income in money or money value. It must be deducted from him:

1.

a)

the amounts referred to in Article 82 (2) of the Twelfth Book of the Social Code;

b)

for parties earning an income from gainful employment, an amount equal to 50 per cent of the highest standard rate applicable to the single or single person entitled to benefit in accordance with the standard requirement level 1 according to the Appendix to § 28 the Twelfth Book of the Social Code has been fixed or continued;

2.

a)

for the party and its spouse or partner, an amount equal to the highest rule rate of 10 per cent, which is the highest for the single or single person entitled to benefit in accordance with the rule requirement level 1 according to the Annex to section 28 of the Twelfth Book of the Social Code has been established or continued;

b)

in the case of further maintenance services on the basis of statutory maintenance obligations, an amount equal to the highest rule rate of 10 per cent, which is the highest for a person of their age in accordance with the level of control requirements, for each dependant of the person entitled to maintenance 3 to 6 according to the Appendix to Section 28 of the Twelfth Book of the Social Code, has been fixed or continued;

3.

the costs of accommodation and heating, in so far as they are not in a conspicuous relationship with the circumstances of the party;

4.

Additional requirements according to § 21 of the Second Book of the Social Code and in accordance with § 30 of the Twelfth Book of the Social Code;

5.

other amounts, to the extent that this is appropriate with regard to special charges; § 1610a of the Civil Code shall apply accordingly.

The amounts that apply at the time of the approval of the legal aid shall be decisive. The Federal Ministry of Justice shall announce the relevant amounts in accordance with sentence 3 (1) (b) and (2) of the Bundesgesetzblatt (Federal Law Gazan) for each resettlement or update. As far as they do not give full euro, these amounts are to be paid up to EUR 0.49 and are to be rounded up by EUR 0.50. The maintenance allowances as set out in the third sentence of the third sentence shall be reduced by the dependants ' own income. If a pension is paid, it shall be deducted instead of the free amount, if it is appropriate. (2) The monthly instalment of the part of the monthly income (income to be used) shall be equal to the monthly instalment of the amount of the monthly income (income to be used). The monthly instalments are to be rounded off to the full euro. If the monthly rate is less than EUR 10, it should be deducted from the fixing of monthly instalments. For an income to be used of more than 600 euros, the monthly rate is 300 euros plus the part of the income to be used, which exceeds 600 euros. Regardless of the number of legal trains, a maximum of 48 monthly instalments must be applied. (3) The party has to use its assets, as far as this is reasonable. § 90 of the Twelfth Book of the Social Code applies accordingly. (4) Process aid shall not be granted if the costs of the party's litigation are not likely to exceed four monthly instalments and the partial amounts to be paid out of the assets.

Footnote

(+ + + Note: The amounts of the amounts determined in accordance with § 115 (1) sentence 3 (1) (b) and (2)
as of 1.1.2014 cf. Bek. v. 6.12.2013 I 4088 (PKHB 2014)
as of 1.1.2015 cf. Bek. v. 9.12.2014 I 2007 (PKHB 2015) + + +) Unofficial table of contents

§ 116 Party force Office; legal person; party-capable association

Legal aid is available on request

1.

a party by office if the costs cannot be applied from the assets under management and the cost of the dispute is not to be attributed to those economically involved in the dispute;

2.

a legal entity or association established in the territory of the country, in another Member State of the European Union or in another State Party to the Agreement on the European Economic Area, and established there, where the Costs cannot be applied either by it or by those who are economically involved in the subject-matter of the dispute and if the omission of legal proceedings or legal defence would be contrary to general interests.

Section 114 (1), first sentence, of the last half-sentence and paragraph 2 shall apply. If the costs can only be applied in part or only in partial amounts, the corresponding amounts shall be paid. Unofficial table of contents

Section 117 Request

(1) The application for the approval of legal aid shall be submitted to the court of proceedings; it may be declared in the minutes before the office of the office. The request shall be presented in the form of the dispute, indicating the evidence. The application for the granting of legal aid for the enforcement of the enforcement order must be submitted to the court responsible for the enforcement of the law. (2) The application shall be a declaration of the party on its personal and economic circumstances (Family relationships, occupation, assets, income and loads) and to accompany corresponding supporting documents. The declaration and the supporting documents may only be made available to the opponent with the consent of the party, unless the opponent has a right to information on income against the applicant in accordance with the provisions of the civil law. Assets of the applicant. Before submitting his declaration to the opponent, the applicant shall be given the opportunity to comment. (3) The Federal Ministry of Justice is authorized, with the consent of the Federal Council, forms for the declaration to simplify and standardize the procedure by means of a legal regulation with the consent of the Federal Council. as well. The forms contain the information required in accordance with § 120a (2) sentence 4. (4) As far as forms are introduced for the declaration, the party must make use of its service. Unofficial table of contents

Section 118 Grants procedure

(1) The opponent shall be given the opportunity to comment on whether he considers the conditions for granting legal aid to be granted, provided that this does not appear to be inappropriate for special reasons. The opinion may be declared in the minutes before the office of the office. The Court of First Instance may invite the parties to the oral discussion if an agreement is to be expected; a comparison shall be taken on the basis of a court's protocol. Costs incurred by the opponent will not be reimbursed. The expenses incurred by the testimonies of witnesses and experts referred to in the third sentence of paragraph 2 shall be borne by the party as the court costs which are subject to the costs of the lawsuit. (2) The court may require the applicant to: its actual information is credible, it may in particular also require the levy of an insurance on oath. It may make surveys, in particular order the presentation of documents and obtain information. Witnesses and experts shall not be heard unless it is not possible to clarify in any other way whether the right to prosecution or legal defence offers sufficient prospect of success and does not seem willingly; an insult is not instead. If, within a time-limit set by the court, the applicant has failed to provide evidence of his or her personal and economic circumstances, or has not answered certain questions or insufficiently answered, the Court of First Instance shall reject the authorization (3) The measures referred to in paragraph 1, 2 shall be carried out by the chairman or a member of the court appointed by him. Unofficial table of contents

Section 119 Authorisations

(1) The granting of legal aid shall be granted in particular for any legal action. In a higher legal order, it is not necessary to check whether the right to prosecution or legal defence offers sufficient prospect of success or appears willingly if the opponent has appealed the appeal. (2) The approval of legal aid For the enforcement of the movable property, all acts of enforcement in the District of the Court of Enforcement, including the procedure for the delivery of the afficial insurance, shall comprise all acts of enforcement. Unofficial table of contents

Section 120 fixing of payments

(1) With the granting of legal aid, the court shall determine the monthly instalments payable and the amounts to be paid out of the assets. If, in accordance with Article 115 (1) sentence 3, point 5, the Court of First Instance departs amounts with regard to special charges on the income and is to assume that the burdens are to be eliminated in whole or in part by the end of four years, the Court of First Instance shall at the same time, those payments which result if the charges are not taken into account or are taken into account only to a reduced extent, and determines the date on which they are to be paid. (2) The payments shall be made to the Landeskasse, in the Proceedings before the Federal Court of Justice to the Bundeskasse, if legal aid is provided in a (3) The Court of First Instance is to determine the provisional suspension of payments,

1.

if the payments of the party cover the expected costs;

2.

if the party, an attorney attached to it, or the federal or national treasury, can claim the costs against another party to the proceedings.

(4) (dropped) Unofficial table of contents

Section 120a Modification of the authorization

(1) The court is to change the decision on the payments to be made if the personal or economic conditions governing the aid for legal aid have changed significantly. An amendment to the amounts determined in accordance with Article 115 (1), first sentence, point 1 (b) and point 2 shall be taken into account only on request and only if it leads to the fact that no monthly instalment is payable. At the request of the court, the party must declare at any time whether a change in the conditions has occurred. A change to the disadvantage of the party shall be excluded if four years have passed since the final decision or the other termination of the proceedings. (2) Improve itself before the date referred to in the fourth sentence of paragraph 1, the the economic circumstances of the party materially or changes its address, it shall inform the court immediately of this. If the party obtains a running monthly income, an improvement in income is only essential if the difference to the gross income which has been used up to now is not only a one-off higher than 100 euros. Sentence 2 shall apply mutagenly to the extent to which deductible loads are eliminated. This and the consequences of an infringement, the party must be lecturing on the application in the form introduced pursuant to § 117 (3). (3) A substantial improvement in the economic conditions can in particular occur by the fact that: the party acquires something by law enforcement or legal defense. The Court of First Instance is to examine, after the final decision or the other end of the proceedings, whether an amendment to the decision on the payments to be made, with regard to the payment to be made by the legal proceedings or the defence of the law, Obtained is offered. An amendment to the decision shall be excluded to the extent that the party would have received legal aid in the event of a timely performance of the legal aid granted by the prosecution or legal defence. (4) For the declaration on the amendment of the the personal or economic circumstances referred to in the third sentence of paragraph 1, the party must use the form introduced in accordance with Section 117 (3). § 118 (2) shall apply mutas to the review of personal and economic circumstances. Unofficial table of contents

Section 121 Order of a lawyer

(1) If a representation is required by lawyers, the party will be attached to a lawyer of their choice. (2) If representation by lawyers is not required, the party will be prepared for representation at the request of the party. A lawyer of her choice is attached if the representation is required by a lawyer or if the opponent is represented by a lawyer. (3) A lawyer not established in the district of the court of proceedings can only If this does not result in additional costs. (4) If special Circumstances so require, the party may, at its request, become a representative of a lawyer of her choice for the performance of an appointment to take evidence before the requested judge or to communicate the traffic with the agent of the process (5) If the party does not find a lawyer ready to represent the party, the chairman shall assign a lawyer to it upon request. Unofficial table of contents

Section 122 Impact of legal aid

(1) The granting of legal aid shall ensure that:

1.

the Federal or State Fund

a)

the backward and the resulting court costs and the court execution costs,

b)

the claims of the associated lawyers against the party that have been committed against them;

only in accordance with the provisions of the court of law may be invoked against the party;

2.

the party is exempt from the obligation to provide security for the process costs,

3.

the associated lawyers are unable to assert claims for remuneration against the party.

(2) If legal aid is granted to the plaintiff, the appellant or the revisionist, and if it has not been determined that payments are to be made to the federal or state treasury, then this has for the opponent the incontegrant exemption from the , the costs referred to in paragraph 1 (1) (a). Unofficial table of contents

Section 123 Costing

The granting of legal aid has no influence on the obligation to reimburse the costs incurred by the opponent. Unofficial table of contents

Section 124 Repeal of the authorization

(1) The court shall repeal the grant of legal aid if:

1.

the party has, through incorrect representation of the dispute, faked the conditions governing the approval of legal aid;

2.

the party, intentionally or out of gross negligence, made incorrect statements about the personal or economic circumstances or made a declaration in accordance with § 120a (1) sentence 3, not or insufficiently;

3.

the personal or economic conditions for legal aid have not been fulfilled; in this case, the annulment shall be excluded if, since the final decision or other termination of the proceedings, four years have been taken have passed;

4.

the party, in breach of section 120a (2) sentences 1 to 3, has intentionally or without delay communicated to the court any substantial improvement in its income and financial circumstances or changes in its address, whether intentionally or from gross negligence;

5.

the party is longer than three months with the payment of a monthly instalment or with the payment of any other amount in arrears.

(2) The court may cancel the grant of the legal aid in so far as the evidence requested by the party, on the basis of circumstances which could not yet be taken into consideration at the time of the approval of the legal aid, no the prospect of success or the appearance of the evidence appears willingly. Unofficial table of contents

Section 125 Costing of costs

(1) The court costs and the court fees can only be recovered by the opponent if he is legally convicted in the costs of the proceedings. (2) The court costs, from which the opponent is sometimes liberated, are from him , in so far as it is legally convicted in the costs of the proceedings or if the lawsuit is terminated without a judgment on the costs. Unofficial table of contents

Section 126 Expulsion of legal fees

(1) The attorneys appointed for the party are entitled to recover their fees and expenses from the opponent convicted in the process costs in their own name. (2) An objection from the party's person is not allowed. The opponent may charge for costs which are to be reimbursed by the party in accordance with the decision taken in the same legal dispute over the costs. Unofficial table of contents

Section 127 Decisions

(1) Decisions in the procedure for legal aid shall be taken without oral proceedings. The court of the first legal proceedings is responsible; if the proceedings are pending in a higher legal proceedings, the court of law shall have jurisdiction over that legal suit. In so far as the reasons for the decision contain information about the personal and economic circumstances of the party, they may only be made available to the opponent with the consent of the party. (2) The approval of the legal aid can only be granted. shall be challenged in accordance with paragraph 3. In addition, the immediate appeal shall be lodged; this shall not apply if the value of the dispute does not exceed the amount referred to in Article 511, unless the Court of First Instance has exclusively the personal or economic conditions for The process cost aid is negated. The emergency period is one month. (3) The immediate appeal of the state treasury shall take place against the granting of legal aid if neither monthly instalments nor amounts to be paid have been fixed. The complaint can only be based on the fact that the party has to make payments in accordance with its personal and economic circumstances. The emergency period shall be one month and shall begin with the announcement of the decision. After three months have elapsed since the decision has been announced, the complaint shall be unstatted. If the decision is not announced, the date of delivery shall be replaced by the date in which the signed decision of the place of business shall be communicated. The decision will not be notified to the state treasury on its own account. (4) The costs of the appeal proceedings will not be reimbursed. Unofficial table of contents

§ 127a (omitted)

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Section 3
Procedure

Title 1
Oral proceedings

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§ 128 Principle of oral proceedings; written procedure

(1) The parties negotiate the litigation before the discerning court. (2) With the consent of the parties, which is only revocable in the event of a substantial change in the process situation, the court may make a decision without oral proceedings. Meeting. It shall soon be the time at which the pleadings can be submitted and the date for the announcement of the decision. A decision without oral proceedings shall be inadmissible if, since the consent of the parties, more than three months have elapsed. (3) If only the costs are to be decided, the decision may be taken without oral proceedings. (4) Decisions of the Court of First Instance which are not judgments may be taken without oral proceedings, unless otherwise specified. Unofficial table of contents

§ 128a Negotiation in the way of image and sound transmission

(1) The court may allow the parties, their agents and advisers, at their request or on their own grounds, to stay in another place during oral proceedings and to carry out procedural acts there. The trial will be transmitted simultaneously in picture and sound to this place and to the meeting room. (2) The court may, upon request, allow a witness, an expert or a party to stay in another place during a hearing. The interrogation is transmitted simultaneously in picture and sound to this place and into the meeting room. If the parties, agents and advisors referred to in the first sentence of paragraph 1 have been allowed to reside in another place, the hearing shall also be transferred to that place. (3) The transfer shall not be recorded. The decisions referred to in the first sentence of paragraph 1 and the first sentence of paragraph 2 shall be indisputable. Unofficial table of contents

§ 129 Pre-prepared pleadings

(1) In lawyers ' processes oral proceedings are prepared by submissions. (2) In other processes, the parties may be abandoned by a judicial order, the oral proceedings by submissions or the minutes of the proceedings. To prepare the declarations to be issued. Unofficial table of contents

Section 129a Applications and declarations

(1) Applications and declarations, the charge of which shall be admissible before the office of the office of the office of the office of the office of the office of the office of the office of the Office of the Office of the Office shall be entitled to the minutes before the office of the Office of the Office. (2) The Office shall immediately inform the Court of , to which the application or the declaration is addressed. The effect of a processing operation occurs at the earliest when the protocol enters there. The transmission of the Protocol may be left to the person who made the request or to the declaration relating to the minutes, with his consent. Unofficial table of contents

§ 130 Content of the pleadings

The preparatory pleadings shall include:

1.

the name of the parties and their legal representatives by name, status or trade, place of residence and party position; the name of the court and the object of the dispute; the number of installations;

2.

the requests which the party intends to submit at the court session;

3.

an indication of the actual conditions used to justify the applications;

4.

the statement of the actual claims of the opponent;

5.

the name of the evidence which the party intends to use for the purpose of detecting or refuting actual claims, and the statement of evidence designated by the opponent;

6.

the signature of the person who is responsible for the pleadings, and the signature in the copy when transmitted by a telefax service (telecopia).

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§ 130a Electronic document

(1) In so far as the written form is provided for preparatory submissions and their annexes, for applications and statements of the parties and for information, statements, opinions and declarations of third parties, this form shall be sufficient to record as electronic Document if it is suitable for processing by the court. The responsible person is to provide the document with a qualified electronic signature according to the signature law. If a mediated electronic document is not suitable for the court for processing, the sender must be informed immediately, stating the current technical framework conditions. (2) The Federal Government and the State Governments determine the date on which electronic documents can be submitted to the courts and the appropriate form for the processing of documents by means of a regulation on the law. The state governments can transfer the authorization to the Land Justice Administrations by means of a legal regulation. The approval of the electronic form may be restricted to individual courts or proceedings. (3) An electronic document shall be filed as soon as the institution of the court designated for the reception has recorded it. Unofficial table of contents

Section 130b Judicial electronic document

In so far as this law requires the signature of the handwritten signature of the judge, the court of law, the judicial officer of the office of office or the bailiff, this form shall be sufficient to record the record as an electronic document, if the Add your name to the responsible person at the end of the document, and provide the document with a qualified electronic signature. Unofficial table of contents

§ 130c forms; Regulation empowerment

The Federal Ministry of Justice can introduce electronic forms with the consent of the Federal Council. The legal regulation may stipulate that the information contained in the forms shall be transmitted in whole or in part in a structured machine-readable form. The forms shall be available for use on a communication platform to be determined in the legal regulation on the Internet. The legal regulation may stipulate that an identification of the form user by way of derogation from § 130a (3) shall also be made by using the electronic identity document in accordance with § 18 of the German Personnel Reference Act or § 78 (5) of the German Code of Personal Identity. Residence law can be carried out. Unofficial table of contents

Section 131 Advisory of documents

(1) The preparatory document shall be accompanied by the documents in the hands of the party to which reference is made in the plea. (2) If only individual parts of a document are considered, the addition of a document shall be sufficient to: (3) If the documents are already known to the opponent or to a significant extent, their exact name shall suffice with the offer to inspect the documents, to be considered as the original documents, to be used in the event of a . Unofficial table of contents

Section 132 Deadlines for pleadings

(1) The preparatory document containing new facts or any other new case shall be submitted in sufficient time to be delivered at least one week before the oral proceedings. The same shall apply in respect of a plea relating to a dispute. (2) The preparatory document containing a declaration of repute for new documents shall be submitted in time for at least three days before the date of oral proceedings. Negotiation can be delivered. This shall not apply in the case of a written declaration of intelligence in an interim dispute. Unofficial table of contents

§ 133 Abcriptions

(1) The parties shall attach to the court the pleadings which they submit to the General Court to the number of copies of the pleadings and their annexes required for service. This does not apply to electronically transmitted documents as well as to installations which are available to the opponent in writing or in transcript. (2) In the case of the delivery of lawyer to lawyer (§ 195), the parties immediately after delivery have one for the Process court must submit a specific copy of its preparatory documents and of the annexes to the court. Unofficial table of contents

Section 134 Previews of documents

(1) The party shall, if requested in good time, be obliged to lay down the documents in its hands, to which it has referred in a preparatory document, before the oral proceedings at the office of business (2) The opponent shall have a period of three days to inspect the documents. The time limit may be extended or abbreviated at the request of the chairman. Unofficial table of contents

Section 135 Notification of documents under attorrals

(1) The lawyers are free to make the notification of documents by hand by hand against receipt of receipt. (2) If a lawyer does not return the document handed to him within the specified time limit, he shall, at the request of the attorney, oral proceedings for the immediate return. (3) An immediate appeal is lodged against the interim judgment. Unofficial table of contents

§ 136 Process management by chairperson

(1) The Chairman opens and directs the trial. (2) He gives the floor and can withdraw it from the person who does not comply with his orders. He has to allow any member of the Court of First Instance to ask questions. (3) He has to ensure that the matter is exhaustively discussed and that the trial is brought to an end without interruption; if necessary, he shall have the sitting on the (4) It closes the proceedings if, in the court's opinion, the matter is fully discussed, and announces the judgments and decisions of the Court of First Instance. Unofficial table of contents

Section 137 Course of oral proceedings

(1) The oral proceedings are initiated by the parties to submit their applications. (2) The presentations of the parties are to be held in free speech; they have to include the dispute in actual and legal relationship. (3) One References to documents shall be admissible in so far as none of the parties contradicts and the court considers them to be appropriate. The lecture of documents takes place only in so far as it matters to its literal content. (4) In lawyers ' processes, in addition to the lawyer, the party itself must, on request, also allow the floor to be heard. Unofficial table of contents

§ 138 Declaration of Factual; Truth obligation

(1) The parties have to submit their explanations of actual circumstances in full and in accordance with the truth. (2) Each party has to declare itself of the facts claimed by the opponent. (3) Facts which are not expressly disputed, (4) A declaration of non-knowledge shall be admissible only on facts which neither the party's own actions nor the subject-matter of the party nor the subject matter of the party's own actions, nor the subject matter of the party's own acts. of their own perception. Unofficial table of contents

Section 139 Material process management

(1) The Court of First Instance has to discuss the matters of law and dispute, as far as is necessary, with the parties on the factual and legal side, and to ask questions. It shall have the effect of ensuring that the parties declare themselves in good time and in full on all the relevant facts, in particular in addition to insufficient information on the facts claimed, indicating the evidence and the relevant applications (2) In the light of the fact that a party has discernly overlooked or held insignificant, the Court of First Instance may not, in so far as it is concerned only with a secondary claim, support its decision only if it has been informed and the opportunity to do so to the utterance of that. The same applies to a point of view which the Court of First Instance assesses differently from both parties. (3) The Court of First Instance drew attention to the concerns which exist with regard to the points to be taken into account by the Court of First Instance. (4) Notes after this Provision should be made as early as possible and to be informed as soon as possible. Their issue can only be proved by the contents of the files. Only proof of forgery is admissible against the contents of the files. (5) If a party is not able to make an immediate explanation of a legal notice, the court shall, at its request, determine a time limit in which it shall make the declaration in question in of a typesetting. Unofficial table of contents

Section 140 Application for process management or questions

If an order of the chairman or a question asked by the chairman or a court member is objectionable by a person involved in the proceedings as inadmissible, the court shall decide. Unofficial table of contents

§ 141 Order of Personal Apparial

(1) The court shall order the personal appearance of both parties if this appears to be necessary in order to clarify the facts. If, due to a large distance or for other important reason, a party is not to be granted the personal perception of the appointment, the court considers the order of its appearance. (2) If the appearance is ordered, then the party shall be Amts because of charge. The cargo is to be communicated to the party itself, even if it has appointed a process representative; the delivery does not require the cargo. (3) If the party fails in the appointment, the party may not be able to pay for the order, such as in the case of a consensual date. published witnesses. This shall not apply if the party sends a representative to the trial, who is empowered to clarify the facts of the situation and to submit the explanations offered, in particular to a settlement. The party should be aware of the consequences of its failure to take charge. Unofficial table of contents

Section 142 Order of the original customer

(1) The court may order that a party or a third party shall submit the documents and other documents held in its possession or possession to which a party has referred. The court may set a time limit for this and order that the documents submitted remain at the place of business during a period of time to be determined by the court. (2) Third parties are not obliged to do so, insofar as they cannot reasonably be expected to do so. or if they are entitled to refuse to give evidence in accordance with § § 383 to 385. § § 386 to 390 shall apply accordingly. (3) The court may order that a translation written in a foreign language be accompanied by a translation made by a translator for language transmissions of the type in question in one country. authorized or publicly appointed in accordance with national law, or equivalent to such a translator. Such a translation shall be deemed to be correct and complete, if it is certified by the translator. The certificate shall be placed on the translation, specify the place and date of the translation and the position of the translator and shall be signed by him. Proof of the inaccuracy or incompleteness of the translation shall be admissible. The order referred to in the first sentence cannot be granted to the third party. Unofficial table of contents

Section 143 Order of the file transfer

The court may order that the parties present the files in their possession, to the extent that they consist of documents relating to the negotiation and decision of the matter. Unofficial table of contents

Section 144 Eye-sight; experts

(1) The court may order the receipt of the eyebolt and the expert's assessment. For this purpose, a party or a third party may give up the consideration of an item in its possession or possession and set a time limit for that purpose. It may also give up the exercise of the measure in accordance with the first sentence, unless an apartment is affected. (2) Third parties are not obliged to submit or take out a duty, insofar as they are not reasonable or if they refuse to give evidence in accordance with § § 383 bis (2) 385. § § 386 to 390 apply accordingly. (3) The procedure is governed by the provisions which have the subject of an application of the eye note or review by experts arranged on request. Unofficial table of contents

§ 145 Process separation

(1) The court may order that a number of claims raised in a lawsuit are negotiated in separate proceedings where this is justified on factual grounds. The decision shall be taken by decision and shall be justified. (2) The same shall apply if the defendant has filed a counterclaim and the counter-claim is not in a legal context with the claim asserted in the action. (3) Power of the If the offsetting claim against a counterclaim which is not in a legal context with the claim made in the action, the court may order that the proceedings and the offsetting be negotiated separately; the The provisions of Section 302 shall apply. Unofficial table of contents

Section 146 Restrictions on individual means of attack and defence

The court may order that, in the case of a number of self-employed assault or defence means (pleas, objections, replicas, etc.) relating to the same claim, the trial shall first of all on one or more of these attacks, or To limit defence means. Unofficial table of contents

§ 147 Process Connection

The Court of First Instance may order the connection of several of the proceedings of the same or different parties which have been brought before it for the purpose of simultaneous negotiation and decision, if the claims forming the subject-matter of these processes are in legal order. could have been linked or could have been brought into action in a complaint. Unofficial table of contents

§ 148 Suspension in the event of preliminary comprehensibility

The court may, if the decision of the dispute is wholly or partly dependent on the existence or non-existence of a legal relationship which forms the subject of another legal dispute before or by an administrative authority , order that the trial be suspended pending the execution of the other legal dispute or until the decision of the managing authority. Unofficial table of contents

Section 149 Suspension on suspicion of a criminal offence

(1) The court may, in the course of a dispute, order the suspicion of a criminal offence to be determined on the basis of the decision of influence, order the suspension of the trial until the criminal proceedings have been carried out. (2) The court has: continue to negotiate at the request of a party, if a year has passed since the suspension. This does not apply if there are important reasons for maintaining the suspension. Unofficial table of contents

Section 150 Repeal of separation, connection or suspension

The Court of First Instance may repeal the orders issued by the Court of First Instance, separation, connection or suspension. Section 149 (2) remains unaffected. Unofficial table of contents

Section 151

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Section 152 Suspension in the case of marriage cancellation

If the decision of a dispute depends on whether a marriage is to be raised and if the annulment is requested, the court shall, at the request of the court, suspend the proceedings. If the procedure for the repeal is completed, the procedure shall be taken up. Unofficial table of contents

Section 153 Suspension in case of paternity leave

If the decision of a dispute depends on whether a man whose paternity has been challenged by the action of a challenge is the father of the child, the provisions of § 152 shall apply mutatis-ly. Unofficial table of contents

§ 154 Suspension in case of marriage or childhood dispute

(1) If, in the course of a dispute, it disputes whether a marriage or a life partnership exists between the parties or does not exist, and if the decision of that question depends on the decision of the dispute, the Court of First Instance shall, upon request, to suspend the proceedings until the dispute over the existence or non-existence of the marriage or of the life partnership has been dealt with by means of the action of the arrest. (2) This provision shall apply mutatis. if, in the course of a dispute, a dispute is made as to whether: between the parties there is a parent and child relationship, or not, or whether: the one party shall be responsible for parental care for the other party or not, and the decision of those questions will depend on the decision of the lawsuit. Unofficial table of contents

Section 155 Repeal of suspension in case of delay

In the cases of § § 152, 153, the court may, upon request, lift the order by which the proceedings are suspended if the operation of the lawsuit, which has given rise to the suspension, is delayed. Unofficial table of contents

Section 156 Reopening of the hearing

(1) The court may order the re-opening of a hearing which was closed. (2) The court must order the reopening, in particular, if:

1.

the court finds a decision-making and verifiable procedural error (§ 295), in particular an infringement of the obligation to provide information and information (§ 139) or a violation of the right to be heard,

2.

, facts are subsequently presented and credibly made, which constitute a re-admission ground (§ § 579, 580), or

3.

between the conclusion of the oral proceedings and the conclusion of the deliberations and the vote (§ § 192 to 197 of the Law Constitutional Law) a judge has been eliminated.

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Section 157 Submission in the negotiation

The authorized attorney may, in proceedings in which the parties may lead the dispute itself, authorize a trainee to represent in the trial a trainee who is employed by him in the preparatory service. Unofficial table of contents

§ 158 Distance as a result of process line arrangement

If a person involved in the trial has been removed from the place of the trial in order to maintain the order, proceedings may be made on request in the same way as if he had voluntarily removed himself. Unofficial table of contents

§ 159 Protocol intake

(1) A protocol shall be recorded on the negotiation and any taking of evidence. For the purpose of the management of the protocol, an official of the office may be assigned to the office if this is due to the expected extent of the protocol, in view of the particular difficulty of the case or for any other important reason. (2) Paragraph 1 shall apply in accordance with negotiations which take place outside the sitting before judges at the local court or before the envoy or the requested judge. A protocol on a quality negotiation or other quality tests in front of a freight ichter pursuant to section 278 (5) shall only be recorded on the basis of a matching request from the parties. Unofficial table of contents

Section 160 Content of the Protocol

(1) The Protocol shall contain:

1.

the place and the day of the trial;

2.

the names of the judges, the official of the office of the office and the interpreter who has been assigned to it;

3.

the name of the dispute;

4.

the names of the parties, auxiliary interveners, representatives, agents, advisers, witnesses and experts, and, in the case of § 128a, the place from which they participate in the trial;

5.

an indication that it has been publicly negotiated or that the public has been excluded.

(2) The main proceedings of the hearing are to be recorded. (3) The Minutes shall be noted.

1.

Acknowledgment, Eligibility and Comparison;

2.

applications;

3.

Confession and explanation of a request for party testimony and other statements if their determination is required;

4.

the statements of witnesses, experts and parties to the hearing; in the event of repeated questioning, the statement needs to be included in the minutes only to the extent that it deviates from the previous one;

5.

the result of an eye-sight;

6.

the decisions (rulings, decisions and orders) of the Court of First Instance;

7.

the proclamation of the decisions;

8.

the withdrawal of the action or of an appeal;

9.

the renunciation of legal remedies;

10.

the result of the quality negotiation.

(4) The parties concerned may request that certain operations or statements be included in the Protocol. The court may not accept the admission if it does not arrive at the determination of the case or of the statement. This decision shall be indisputable; it shall be included in the Protocol. (5) The inclusion in the Protocol shall be the same as in a document annexed to the Protocol and designated in it as such. Unofficial table of contents

§ 160a Preliminary log recording

(1) The contents of the Protocol may be provisionally recorded in a common abbreviation, by means of understandable abbreviations or on a sound or data medium. (2) In this case the minutes shall be established immediately after the meeting. To the extent that findings pursuant to § 160 (3) (4) and (5) have been provisionally recorded with a sound recording device, only this is required to be recorded in the minutes. The protocol is to supplement the findings when a party requests this until the final conclusion of the proceedings, or if the appeal court requests the supplement. If findings pursuant to Section 160 (3) (4) are immediately recorded and at the same time the main result of the statements has been provisionally recorded, a supplement to the Protocol may only be required to obtain the essential result of the statements. (3) The provisional records shall be recorded in the case of the proceedings or, if they are not appropriate, to be kept at the place of business with the procestions. Recordings on sound or data carriers can be deleted,

1.

in so far as the minutes are produced after the meeting or supplemented by the provisionally recorded findings, if the parties have not made any objections within one month of notification of the transcript;

2.

after the final conclusion of the procedure.

To the extent that the court has a central data storage facility, the provisional records may be stored in place of storage in accordance with sentence 1 on the central data storage facility. (4) The final production by Recording on data media in the form of § 130b is possible. Unofficial table of contents

Section 161 Disabusive findings

(1) findings in accordance with § 160 (3) (4) and (5) do not need to be included in the Protocol,

1.

if the trial court carries out the questioning or the appearance and the final part of the appeal or the revision is not subject to it;

2.

if the action is withdrawn, the claimed claim is recognized or waived, an appeal is waived or the lawsuit is terminated by a comparison.

(2) In the minutes it should be noted that the hearing or the eye view has been carried out. Section 160a (3) shall apply accordingly. Unofficial table of contents

Section 162 Approval of the Protocol

(1) The Protocol shall be in so far as it contains findings pursuant to Section 160 (3), (3), (4), (5), (8), (9) or Protocol (s) of the Protocol, to read the parties or to provide them with a view to review. If the contents of the Protocol have only been provisionally recorded, it is sufficient for the records to be read out or played. It should be noted in the minutes that this is done and that the approval is granted or which objections have been made. (2) The findings of § 160 para. 3 no. 4 do not need to be played if they are in the presence of the parties have been recorded immediately; the party whose testimony is recorded may require the play to be played. In so far as findings pursuant to § 160 (3) (4) and (5) have been dictated in the presence of the parties involved, the playing, the reading or the submission can be omitted if the parties do not have to do so after recording; in the It should be noted that the renunciation has been made. Unofficial table of contents

Section 163 Subwriting of the Minutes

(1) The minutes shall be signed by the Chairperson and by the Office of the Office of the Office. Where the contents of the Protocol have been provisionally recorded in whole or in part with a sound recording device, the Office of the Office shall verify the accuracy of the transfer and confirm it by signing it; this shall also apply: (2) If the chairman is unable to do so, he shall sign the oldest sitting judge for him; if only one judge has worked and is prevented from acting, the signature shall be sufficient of the official records of the office of the office. If this is prevented, the judge's signature is sufficient. The reason for the prevention is to be noted in the minutes. Unofficial table of contents

Section 164 Protocol corrigendum

(1) Inaccuracies of the Protocol may be corrected at any time. (2) Before the correction, the parties and, insofar as it relates to the findings referred to in section 160 (3) (4), also the other parties concerned shall be heard. (3) The correction shall be made noted on the Protocol, where reference may be made to an installation to be linked to the Protocol. The endorsement shall be made by the judge who signed the protocol, or by the judge who was acting alone, even if he was prevented from signing, and by the official of the office, as far as he is responsible for the conduct of the protocol (4) In the form of § 130b, the letter of amendment shall be recorded in a separate electronic document. The document is inextricably linked to the protocol. Unofficial table of contents

Section 165 Protocol of validity of the Protocol

Observance of the formalities prescribed for the negotiation can only be demonstrated by the protocol. Only the proof of the forgery is admissible in respect of the content of these formalities.

Title 2
Procedures for deliveries

Subtitle 1
Orders received by the Office

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Section 166 Delivery

(1) Delivery shall be the notification of a document to a person in the form specified in this Title. (2) Documents whose service is prescribed or ordered by the Court of First Instance shall be notified of its own motion unless otherwise specified. Unofficial table of contents

Section 167 Reaction of service

If the service is to be subject to a period of time, or if the limitation period is to begin anew or to be inhibited in accordance with Section 204 of the Civil Code, this effect shall already occur upon receipt of the application or declaration, if delivery is forthcoming is done. Unofficial table of contents

Section 168 Tasks of the office

(1) The office shall carry out the service in accordance with § § 173 to 175. It may commission an entreprender (Swiss Post) or a judicial staff member in accordance with section 33 (1) of the Postal Law with the execution of the service. The office shall issue the order to the post office on the form provided for this purpose. (2) The chairman of the court of proceedings or a member designated by him may be a bailier or other authority with the execution of the Commission service if delivery under paragraph 1 does not promise success. Unofficial table of contents

Section 169 Certification of the time of delivery; certification

(1) The office shall certify at the request the date of delivery. (2) The certification of the documents to be supplied shall be made by the office. This shall also apply if documents filed by a lawyer have not already been certified by the attorney. (3) A copy to be assigned in paper form can also be certified by machine processing. Instead of the handwritten signature, the transcript shall be provided with the court seal. The same shall apply if a copy is delivered by telecopia. (4) A document can be delivered in certified electronic copy. The copy shall be accompanied by a qualified electronic signature of the official of the office of the office. (5) A judicial electronic document pursuant to § 130b may be sent to the original document, and a certification shall be required not. Unofficial table of contents

Section 170 Delivery to representatives

(1) In the case of non-processable persons, they shall be sent to their legal representatives. The delivery to the non-processable person is ineffective. (2) If the delivery address is not a natural person, the delivery to the conductor is sufficient. (3) In case of several legal representatives or ladders, delivery is sufficient for one of them. Unofficial table of contents

Section 171 Delivery to Plenipotentiary

Representatives appointed to the legal business may be served with the same effect as those of the representatives. The representative shall submit a written authorisation. Unofficial table of contents

Section 172 Delivery to Process Plenipotentiary

(1) In a pending procedure, the service shall be delivered to the authorized representative appointed for the legal proceedings. This also applies to the procedural acts which the proceedings before that court have as a result of opposition, the annulment of the judgment of that court, a retrial, a complaint under Section 321a, or a new case in the proceedings of compulsory enforcement. The proceedings before the Court of Enforcement belong to the first legal suit. (2) A plea by which an appeal is filed shall be sent to the litigation representative of the legal train whose decision will be appealed. If a process representative is already appointed for the higher legal suit, the pleadings shall be delivered to the same. The party shall be responsible for the party itself if it has not appointed a process representative. Unofficial table of contents

Section 173 Delivery by handing over at the office

A document may be delivered to the addressee or to his/her legally appointed representative by handing out at the office of office. Proof of delivery shall be noted on the document and in the files that it has been handed out for the purpose of service and when that has happened; in the case of a handout to the representative, this shall be noted with the addition to whom the The document has been handed out and that the authority has been submitted pursuant to § 171 sentence 2. The endorsement shall be signed by the staff member who has carried out the handout. Unofficial table of contents

§ 174 Service against receiving notice

(1) A document may be sent to a lawyer, a notary, a bailider, a tax adviser or another person who, on the basis of their profession, may be deemed to have increased reliability, an authority, a (2) The document referred to in paragraph 1 may also be delivered by means of a telecopia. The transmission should be initiated by means of the notice of "service against reception" and shall indicate the place to be sent, the name and address of the delivery addressee, and the name of the judicial staff member who is responsible for the document. (3) An electronic document may also be sent to the documents referred to in paragraph 1. The same shall apply to other parties involved in the proceedings if they have expressly agreed to the transmission of electronic documents. For the transmission, the document must be provided with an electronic signature and shall be protected against unauthorised knowledge of third parties. The transmission may also be carried out via De-Mail-Services within the meaning of § 1 of the De-Mail-Law. (4) In order to prove the delivery, it is sufficient to receive the acknowledgement of receipt with the date and signature of the addressee, which is to be returned to the court. The receiving confession can be sent back in writing, by telecopia or as an electronic document (§ 130a). If it is issued as an electronic document, it is to be provided with a qualified electronic signature according to the signature law. Unofficial table of contents

§ 175 Delivery by enroll with a return note

A document can be sent by writing with a return note. Proof of delivery is sufficient to provide proof of delivery. Unofficial table of contents

Section 176 Order of delivery

(1) Where a post, a judicial staff member or a bailider is issued an order for delivery, or if another authority is requested to carry out the service, the office shall submit the document to be allocated in a (2) Delivery shall be carried out in accordance with sections 177 to 181 of the delivery date. Unofficial table of contents

Section 177 Place of service

The document may be handed over to the person who is to be delivered to any place where it is encountered. Unofficial table of contents

§ 178 Replacement of spare parts in the apartment, in offices and facilities

(1) Where the person who is to be served is not found in her home, in the business premises or in a Community body in which she resides, the document may be served in the form of a document

1.

in the home of an adult family member, a person employed in the family, or an adult permanent resident,

2.

in the business premises of a person employed there,

3.

in Community bodies, the head of the institution or of a representative authorised to do so.

(2) Delivery to any of the persons referred to in paragraph 1 shall be ineffective if the person concerned is involved in the dispute as an opponent of the person to whom it is to be served. Unofficial table of contents

Section 179 Delivery if acceptance is refused

If the acceptance of the document to be submitted is denied unjustified, the document shall be returned in the apartment or in the business premises. If the delivery address does not have an apartment or if there is no business room, the document to be sent is to be returned. The document shall be deemed to be delivered with the refusal of acceptance. Unofficial table of contents

§ 180 Replacement by placing in the letterbox

If the delivery cannot be carried out in accordance with Section 178 (1) No. 1 or 2, the document may be placed in a letter box belonging to the apartment or the store room or in a similar device that the addressee for the post reception , and which is suitable for safe storage in the generally customary manner. The document shall be deemed to be served by the document. The applicant shall record the date of delivery on the envelope of the document to be supplied. Unofficial table of contents

Section 181 Replacement of spare parts by laying down

(1) If the service is not executable in accordance with Section 178 (1) No. 3 or § 180, the document to be served may be deposited on the office of the local court in whose district the place of delivery is located. If the postal service is entrusted with the execution of service, the document to be sent shall be deposited at the place of service or at the place of the local court in the case of a post designated by the post. A written notice shall be sent, on the form provided for in the form provided, at the address of the person to be served in the manner customary in the ordinary letters or, if that is not possible, at the door of the person who is to be served. To pin the apartment, the business area or the Community body. The document shall be deemed to be delivered with the submission of the written notice. On the cover of the document to be sent, the adjuster shall record the date of delivery. (2) The written document shall be held for three months in order to be collected. Documents which have not been collected shall then be returned to the sender. Unofficial table of contents

§ 182 Order of delivery

(1) For the purpose of proof of service in accordance with § § 171, 177 to 181, a certificate must be made on the form provided for this purpose. For this certificate of delivery, § 418. (2) The delivery certificate must contain:

1.

the name of the person who is to be served,

2.

the name of the person to which the letter or document has been handed over;

3.

in the case of § 171, the indication that the full-power certificate has been present,

4.

in the case of § § 178, 180, the indication of the reason that warrants this service and, if the procedure has been followed in accordance with Section 181, the remark, as the written notice has been issued,

5.

in the case of § 179, the mention of who has refused acceptance and that the letter has been left at the place of service or sent back to the sender,

6.

the remark that the date of delivery shall be recorded on the envelope containing the document to be delivered,

7.

the place, date and arrangement of the office shall also be the time of delivery,

8.

The name, first name and signature of the delivery person, as well as the indication of the authorised company or the requested authority.

(3) The order of delivery shall be returned to the office in original or as an electronic document without delay. Unofficial table of contents

Section 183 Delivery abroad

(1) Delivery abroad shall be carried out in accordance with existing international agreements. Where documents may be sent directly by Swiss Post under international agreements, it shall be served by means of a letter of receipt, otherwise the service shall be delivered at the request of the chairman of the court. shall be effected directly by the authorities of the foreign State. (2) If a service in accordance with paragraph 1 is not possible, the competent diplomatic or consular representation of the Federal Government or the other competent authority shall be responsible for the delivery. In accordance with the first sentence, in particular, where agreements under international law do not exist, the competent authorities of the State concerned are not prepared to provide legal assistance, or where special reasons justify such service. (3) German, who enjoys the right of immunity and belongs to a representation of the Federal Republic of Germany abroad, shall be served at the request of the chairman of the court of proceedings by the competent foreign representation. (4) For the proof of the Delivery in accordance with the second sentence of the second sentence of paragraph 1 shall suffice for the receipt. The service referred to in the second sentence of paragraph 1, second sentence, and paragraphs 2 and 3 shall be established by the certificate of the requested authority. (5) The provisions of Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters, and repealing Regulation (EC) No 1348/2000 shall remain unaffected. § 1068 (1) and § 1069 (1) apply to the implementation. Unofficial table of contents

Section 184 Service representative; delivery by post to the post office

(1) The court may order in the case of service in accordance with § 183 that the party shall appoint within a reasonable period a service representative who resides domestily or has a business area there, if it does not have a Process Plenipotentiary has ordered. If no appointing agent is appointed, later deliveries up to the subsequent appointment may be effected by giving the document to the post under the address of the party. (2) The document shall be valid for two weeks after the date of the date of appointment. Task to post as delivered. The court may determine a longer period of time. The order referred to in paragraph 1 shall refer to these legal consequences. In order to prove the delivery, it must be noted in the files, at what time and at which address the document was given to the post. Unofficial table of contents

Section 185 Public service

Delivery may be effected by public announcement (public service) if:

1.

the place of residence of a person is unknown and service is not possible for a representative or an appointing agent,

2.

in the case of legal persons who are obliged to register a domestic business address on the commercial register, no notification, either under the registered address or under a registered address in the commercial register, of one for The person entitled to receive a person or a other domestic address, known without an investigation, is available,

3.

delivery abroad is not possible or promises no success, or

4.

delivery cannot be effected because the place of service is the dwelling of a person who is not subject to jurisdiction in accordance with § § 18 to 20 of the Law Constitutional Law.

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Section 186 Approval and execution of public service

(1) The process court shall decide on the approval of the public service. The decision may be taken without oral proceedings. (2) The public service shall be made public by means of a notice on the court or by cessation in an electronic information system, which shall be published in the court of law. is accessible. In addition, the notification may be published in an electronic information and communication system designated by the Court of Notices. The notification must be recognized

1.

the person for which the person is served,

2.

the name and the last known address of the delivery addressee;

3.

the date, the document number of the document and the name of the process subject, and

4.

the place where the document can be viewed.

The notification shall include the indication that a document shall be delivered to the public and that deadlines may be set in which legal losses may be likely to be lost. When a load is delivered, the notification must contain the notice that the document contains a charge at an appointment, the failure of which may result in a legal disadvantage. (3) In the case of the file, it should be noted when the date of the request is Notification suspended and when it was removed. Unofficial table of contents

§ 187 Publication of the notification

The process court may also arrange for the notification to be published once or several times in the Federal Gazette or in other sheets. Unofficial table of contents

Section 188 Date of public service

The record shall be deemed to be delivered if a month has passed since the notice of notification. The trial court may determine a longer period of time. Unofficial table of contents

§ 189 Healing of Delivery Defects

Where the formal notification of a document cannot be demonstrated or if the document has been received in breach of mandatory conditions of delivery, it shall be deemed to have been delivered at the time when the document of the person to whom the document is referred shall be deemed to have been delivered. Delivery of the law in accordance with the law has been or could be addressed in fact. Unofficial table of contents

Section 190 Uniform delivery forms

The Federal Ministry of Justice is authorized to introduce forms by means of a legal regulation with the consent of the Federal Council for the simplification and unification of the service.

Subtitle 2
Deliveries at the instition of the parties

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Section 191 Delivery

Where a service is authorised or prescribed at the instition of the parties, the rules on the service of the Office shall be applicable in accordance with the provisions of this Directive, in so far as there are no derogations from the following provisions. Unofficial table of contents

Section 192 Delivery by baili-enforcist

(1) The orders to be operated by the parties shall be carried out by the court enforcerer in accordance with § § 193 and 194. (2) The party shall pass the document to be assigned to the bailider with the required copies. The bailier certify the copies; he can produce missing copies. (3) In the proceedings before the District Court, the party may be sent to the bailider under mediation of the office of the court of justice with the delivery. . In this respect, the court enforcator shall be responsible for the delivery of the service. Unofficial table of contents

Section 193 Delivery of service

(1) The bailier shall assess the execution of the service in accordance with § 182 (2) on the original of the document to be supplied or on the form to be connected with the original copy, and shall note the person in whose Order it delivered. In the case of delivery by post to the post, the date and address under which the task took place must be noted. (2) The bailider shall record the date of service on the document to be transferred, unless he has a certified copy. Copy of the delivery certificate. (3) The delivery certificate is to be transmitted to the party for which it has been delivered. Unofficial table of contents

§ 194 Order of delivery

(1) Representative of the bailider the post office with the execution of the delivery, he shall record on the document to be assigned, on behalf of which person he submits it to the post. On the original document of the document to be supplied or on a transfer sheet to be connected to it, he shall testify to the fact that the address of the addressee, the name of the forerunner and a file number, shall be provided with the address of the addressee. (2) The post shall return the delivery certificate immediately to the bailider. Unofficial table of contents

§ 195 Service from lawyer to lawyer

(1) If the parties are represented by lawyers, a document may also be served by the fact that the applicant attorney submits the document to the other attorney (service from lawyer to lawyer). In the case of documents which, according to the provisions of this law, are delivered by the Office on the basis of the provisions of this Act, they may instead be served by a lawyer to a lawyer, unless a court order is communicated to the opponent at the same time. The statement shall include the statement that the lawyer shall be served by a lawyer. Notification shall be established to the Court of First Instance, if it is necessary for the decision to be taken. For the delivery to a lawyer, § 174 (2) sentence 1 and (3) sentence 1, 3 shall apply. (2) For proof of delivery, the written acknowledgement of receipt of the attorney sent with the date and signature shall suffice. § 174 (4) sentence 2, 3 shall apply accordingly. The lawyer who is responsible shall issue a certificate of service to the other attorney on request. Unofficial table of contents

§ § 195a to 213a (omitted)

Title 3
Charges, dates and deadlines

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§ 214 Charge to the date

The summons on an appointment shall be initiated by the Office. Unofficial table of contents

Section 215 The contents of the summons to oral proceedings

(1) In the summons to oral proceedings, it is necessary to lecture on the consequences of a failure of the appointment (§ § 330 to 331a). The instruction has to include the legal consequences of § § 91 and 708 no. 2. (2) In attorney's processes the summons to oral proceedings, if the service is not made to a lawyer, must include the request to have a lawyer order. Unofficial table of contents

§ 216 Terminsdetermination

(1) The dates shall be determined by the Office if any applications or declarations are submitted, which can only be decided after oral proceedings or which are ordered by the court for oral proceedings. (2) The Chairman has the Dates are to be determined immediately. (3) On Sundays, public holidays or Sundays, appointments are only to be scheduled in emergencies. Unofficial table of contents

Section 217 Load period

The time limit which is to be in a pending case between the delivery of the summons and the date of the appointment (period of charge) shall be at least one week in attorney processes, in other processes at least three days. Unofficial table of contents

Section 218 Disability of the cargo

A charge of the parties shall not be required, without prejudice to the provisions of Section 141 (2), on dates specified in the decisions announced. Unofficial table of contents

Section 219 Terminate

(1) The dates shall be held at the place of the court, unless the taking of an eye note on the spot, the trial with a person prevented from appearing in court or any other action required at the court (2) The Federal President shall not be obliged to appear in person at the place of jurisdiction. Unofficial table of contents

§ 220 Call of the matter; missed date

(1) The appointment begins with the call of the matter. (2) The appointment is missed by a party if it does not negotiate until the end. Unofficial table of contents

Section 221 Finstate

(1) The course of a judicial period shall commence, unless otherwise specified in its determination, with the notification of the document in which the time limit is fixed and, where such service is not required, with the delivery of the document. Deadline. Unofficial table of contents

Section 222 Calculation of time limits

(1) The provisions of the Civil Code shall apply to the calculation of the time limits. (2) If the end of a period falls on a Sunday, a general holiday or a Saturday, the period shall end at the end of the next working day. (3) Calculation of a period, which is determined after hours, shall not be counted on Sundays, public holidays and Sundays. Unofficial table of contents

Section 223

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Section 224 within the deadline; extension of time

(1) By agreement of the parties, time limits, with the exception of the emergency periods, may be reduced. Notperiods are only those periods which are referred to in this Act as such. (2) On request, judicial and legal deadlines can be shortened or extended if there are significant reasons for believable, but legal deadlines are (3) In the case of renewal, the new time limit shall be calculated from the expiry of the previous period, if not in the individual case another is determined. Unofficial table of contents

Section 225 Procedure in the event of a Fristand

(1) The request for an abbreviation or extension of a time limit may be decided without oral proceedings. (2) The abbreviation or repeated extension may only be granted after hearing the opponent. (3) A challenge to the decision, The application for an extension of a time limit shall not take place. Unofficial table of contents

Section 226 Abbreviation of interim periods

(1) Deadlines for entry, periods of charge as well as the time limits for the delivery of preparatory pleadings may be abbreviated on request. (2) The abbreviation of the entry and loading periods shall not be reduced by this (3) The Chairman may have the abbreviation, without consulting the opponent and the person otherwise involved, in the event of the appointment of the appointment; the The person concerned shall be notified in writing. Unofficial table of contents

Section 227 Terminsamendment

(1) For significant reasons, an appointment may be cancelled or postponed and a trial be postponed. In particular, significant reasons are not

1.

the absence of a party or the announcement that it does not appear if the court does not consider that the party is prevented from appearing at the time of publication without its fault;

2.

the lack of preparation of a party, if the party does not apologize enough;

3.

the agreement of the parties alone.

(2) The significant reasons are to be made credible, at the request of the chairman, for a postponement at the request of the court. (3) A date specified for the period from 1 July to 31 August, with the exception of a date for the delivery of a Decision to move on request within one week after access of the charge or appointment determination. This shall not apply to:

1.

The cases of arrest or the items relating to an injunction or an injunction,

2.

Disputes concerning the transfer, use, eviction or issuance of rooms or due to continuation of the tenancy agreement on housing pursuant to § § 574 to 574b of the Civil Code,

3.

(dropped)

4.

change or check processes,

5.

the construction of the building, if it is to be fought over the continuation of a building that has been caught,

6.

Disputes concerning the release or disclosure of a case to a person in which the case is not subject to the seizure;

7.

Enforcement procedures or

8.

procedures for the declaration of enforceable proceedings or for the taking of judicial acts in the arbitration proceedings;

In this case, it is sufficient if only one of a plurality of claims meets the requirements. If the procedure requires special acceleration, the request for transfer is not to be met. (4) The chairman decides without oral proceedings on the cancellation and transfer of an appointment; on the adjournment of a hearing the court decides. The decision shall be briefly justified. It is indisputable. Unofficial table of contents

Section 228

(dropped) Unofficial table of contents

§ 229 Envoy or Judge of Judges

The powers provided for in this Title to the General Court and to the Chairman shall be the responsibility of the authorised or requested judge in respect of the dates and time limits to be determined by those judges.

Title 4
Consequences of failure; right of appeal; reinstatement in the previous stand

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Section 230 General defaulting

The general consequence of the failure of a processing operation is that the party is excluded with the process of being processed. Unofficial table of contents

§ 231 No threat; follow-up of the process

(1) It is not necessary to threaten the legal consequences of the default; they are self-acting, unless this law requires a request for the implementation of the legal disadvantage. (2) In the latter case, as long as the law does not apply to the law, the law may be Request and the oral proceedings are closed on him, the missed procuration will be brought up. Unofficial table of contents

Section 232 Legal instruction

Any appealable court decision shall have an instruction on the legal remedy, the objection, the objection or the memory, and the court in which the appeal is to be lodged, on the seat of the court and on the Court of First Instance. to contain the form and period to be observed. This shall not apply in proceedings in which the parties must be represented by a lawyer, unless there is an objection or opposition to lecturing or the instruction is to be addressed to a witness or expert. The possibility of a jump revision does not need to be taught. Unofficial table of contents

Section 233 Re-establishment of rights in the previous stand

If a party was unable to comply with an emergency period or the time limit for the reasons for appeal, revision, non-authorisation or the appeal or the time limit laid down in section 234 (1), the party shall be subject to request. Reinstatement to the previous stand. A lack of debt will be presumed if an appeal is not provided or if it is defective. Unofficial table of contents

Section 234 Re-establishment period

(1) The re-establishment must be requested within a two-week period. The time limit is one month if the party is prevented from complying with the deadline for reasons of appeal, revision, non-registration or legal complaint. (2) The time limit begins with the day on which the obstacle is fixed (3) After the end of a year, from the end of the missed period, the reinstatment can no longer be applied for. Unofficial table of contents

Section 235

(dropped) Unofficial table of contents

Section 236 Reaction request

(1) The form of the application for re-establishment shall be governed by the rules applicable to the missed process treatment. (2) The application must include the indication of the facts giving rise to the reinstatment; these are in the case of the application or in the process of making the application credible. Within the period of application, the missed process is to be recovered; if this is done, reinstatment can also be granted without a request. Unofficial table of contents

Section 237 Competence for re-establishment of rights

The Court of First Instance decides on the application for reinstatment, which is the subject of the decision on the process to be followed up. Unofficial table of contents

Section 238 Procedure for re-establishment

(1) The procedure relating to the application for re-establishment shall be linked to the procedure for the process of processing. However, the Court of First Instance may, first of all, limit the proceedings to the proceedings and the decision on the application. (2) The decision on the admissibility of the application and the appeal of the decision shall be subject to the provisions laid down in these relations are in force for the process of the process being obtained. (3) The reinstatability shall be indisputable. (4) The costs of reinstatability shall be charged to the applicant, insofar as they are not due to an unfounded contradiction of the application. Opponent's originated.

Title 5
Suspension and suspension of proceedings

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Section 239 interruption caused by the death of the party

(1) In the event of the death of a party, an interruption of the procedure until its admission by the legal successor occurs. (2) If the admission is delayed, then the legal successor to the admission and at the same time to the (3) The summons shall be sent to the legal successor by the pleadings containing the application. The period of charge is determined by the chairman. (4) The legal successor does not appear on the date, the claimed legal succession shall be deemed to have been granted on request and to be negotiated on the main matter. (5) The heir is before the adoption of the Inheritance is not obliged to continue the legal dispute. Unofficial table of contents

§ 240 Interruption through insolvency proceedings

In the event of the insolvency proceedings being opened on the assets of a party, the proceedings shall be suspended in the event of the insolvency of a party until it has been incorporated in accordance with the rules applicable to the insolvency proceedings or until such time as the insolvency proceedings have been initiated. is terminated. The same applies if the administrative and power to dispose of the debtor's assets is transferred to a preliminary insolvency administrator. Unofficial table of contents

§ 241 Interruption due to process incapacity

(1) In the event of a party's process capacity or death of the legal representative of a party or ceasing its power of representation, without the party having become process-capable, the proceedings shall be interrupted until the legal representative or the new legal representative of his order makes an indication to the court or the opponent intends to continue the proceedings, the court has indicated and the court has served this ad on his own account. (2) The ad of the The legal representative is the opponent of the party represented by him, the display of the opponent shall be notified to the representative. (3) These provisions shall apply mutatily if a succession administration is arranged. Unofficial table of contents

Section 242 Interruption by succession

If, in the course of the dispute between a person and a third party, the succession of succession is subject to the succession of succession, the succession shall be deemed to have been granted without the consent of the afterheir on the subject matter. , with regard to the interruption and acceptance of the proceedings, the provisions of Section 239. Unofficial table of contents

Section 243 Reception with NachlasPflegschaft und Testamentsvollstretching

If, in the event of a break in the proceedings, the death of a party is subject to the appointment of a post or a executor of the executors entitled to the right of action, the provisions of Section 241 and, if applicable, Discount the insolvency proceedings will be opened to apply the provisions of § 240 when taking the procedure. Unofficial table of contents

Section 244 Interruption caused by loss of attorney

(1) In lawyers ' processes the lawyer of a party dies or becomes incapable of continuing the representation of the party, then an interruption of the proceedings occurs until the appointed new lawyer his order is indicated to the court and the court the (2) If this ad is delayed, at the request of the opponent the party itself is to be charged for the negotiation of the main cause or to order a new lawyer within one of the chairperson to to ask for a period of time. If this request is not followed, the procedure shall be deemed to have been recorded. Until the appointment of a new lawyer is subsequently displayed, all deliveries shall be made to the party responsible for displaying the order. Unofficial table of contents

§ 245 Interruption due to standstill of the administration of justice

If, as a result of a war or other event, the activity of the Court of First Instance ceases, the proceedings shall be suspended for the duration of that State. Unofficial table of contents

Section 246 Suspension of representation by process authorised representative

(1) Fand in the cases of death, loss of process capability, removal of the legal representative, the ordering of a succession administration or the entry of the succession (§ § 239, 241, 242) a representation by a In the event of an interruption of the proceedings, the trial court shall not enter the proceedings; however, at the request of the authorised representative, in the cases of death and succession, the trial court shall also suspend the proceedings at the request of the opponent. (2) The duration of the suspension and the initiation of the proceedings shall be governed by the provisions of the § § 239, 241 to 243; in the cases of death and succession, the summons shall also be sent to the plenipotentiary with the pleadings in which it is requested. Unofficial table of contents

Section 247 Suspension in case of cut-off traffic

If a party finds itself in a place which is cut off from circulation with the court of proceedings by means of an oblong order or by war or by other coincidends, the court may also, on its own account, suspend the proceedings until the end of the proceedings. Order the removal of the obstacle. Unofficial table of contents

Section 248 Procedure for suspension

(1) The request for suspension of the proceedings must be made to the court of proceedings; it may be declared before the office of the office. (2) The decision may be taken without oral proceedings. Unofficial table of contents

Section 249 Effects of interruption and suspension

(1) The interruption and suspension of the proceedings shall have the effect that the course of each period shall cease and the full time limit shall begin to run after the end of the interruption or suspension. (2) During the interruption or suspension period, the period of interruption or suspension shall be commenceable. The suspension of a party in the interest of the main proceedings is the other party without any legal effect. (3) The discontinuation of the proceedings after the conclusion of an oral proceedings shall be the termination of the not preclude a decision to be taken on the basis of this negotiation. Unofficial table of contents

§ 250 Form of recording and display

The inclusion of an interrupted or suspended procedure and the advertisements referred to in this Title shall be effected by the service of a plea to be submitted to the Court. Unofficial table of contents

§ 251 Ruhen of the procedure

The Court of First Instance shall order the proceedings to rest if both parties so request and it is to be assumed that this arrangement is appropriate for the conduct of conciliation negotiations or for other important reasons. The order has no influence on the course of the time limits specified in § 233. Unofficial table of contents

Section 251a The situation of the two parties; the decision on the situation of the files

(1) If both parties do not appear or negotiate in an appointment, the court may decide on the situation of the files. (2) A judgment in the case of the files may only be handed down if an oral hearing has been carried out in an earlier date. It may be announced at the earliest in two weeks. The court shall inform the non-published party of the date of delivery informally. It shall determine a new date for oral proceedings if the party requests this at the latest on the seventh day before the date specified for the announcement and makes it credible that it will not be lost without its fault and that the date of transfer of the date shall be postponed. (3) If the Court of First Instance does not decide on the situation of the files and fails to meet in accordance with § 227, it shall order the rest of the proceedings. Unofficial table of contents

Section 252 Legal remedies for suspension

An immediate appeal shall be lodged against the decision to suspend or oppose the suspension of the proceedings on the basis of the provisions of this Title or other statutory provisions.

Book 2
Procedure in the first legal proceedings

Section 1
Proceedings before the Landgericht

Title 1
Procedure until judgment

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Section 253 Klageschrift

(1) The application shall be filed by the delivery of a written document (Klageschrift). (2) The application must contain:

1.

the name of the parties and of the court;

2.

the specific indication of the subject and the reason for the claim, as well as a specific request.

(3) The application shall also contain the following:

1.

an indication as to whether the claim for action was preceded by an attempt at mediation or any other procedure for non-judicial settlement of the conflict, and whether such a procedure would be contrary to the grounds of such a case;

2.

an indication of the value of the object of the dispute where the jurisdiction of the court is determined and the subject of the dispute does not consist of a certain sum of money;

3.

an expression as to whether there are grounds for a decision of the matter by the individual judge.

(4) In addition, the general provisions relating to the preparatory pleadings shall also apply to the application. (5) The application and other requests and declarations of a party to be served shall be the case in the Court of First Instance. in writing, accompanied by the number of copies required for their delivery or notification. An addition of copies shall not be required if the application is filed electronically. Unofficial table of contents

Section 254 Stuf

Where the application for financial reporting or the filing of an asset or an oath of insurance is subject to the action of the defendant on the basis of the legal relationship between the Member State and the defendant, , the particular indication of the benefits claimed by the plaintiff may be reserved until the invoice has been communicated, the list of assets has been submitted or the affidavit is lodged. Unofficial table of contents

Section 255 Fristdetermination in the judgment

(1) If the plaintiff has, in the event that the defendant is not satisfied with the claim to be determined before the expiry of a period to be determined, the plaintiff is entitled to claim damages for non-performance or to bring about the termination of a contract, such (2) The same shall apply where the plaintiff has the right to request the order of an administration in the event that the defendant does not have the right to determine the date of expiry of a period to be determined by the defendant. , as well as in the case of Section 2193 (2) of the Civil Code for the Provision of a deadline for the enforcement of the obligation. Unofficial table of contents

Section 256 Order of arrest

(1) An action may be brought to determine the existence or non-existence of a legal relationship, the recognition of a document or the determination of its validity, if the applicant has a legal interest in the fact that the (2) By the end of the oral proceedings on which the judgment is delivered, the plaintiff may, by extension of the request for action, be granted, the defendant requests that a counterclaim be made to the defendant in the course of the trial shall be determined by a judicial decision, the legal relationship of which the decision of the dispute depends entirely or partly on the existence or non-existence of that legal relationship. Unofficial table of contents

Section 257 Application for future payment or eviction

If the assertion of a monetary claim which is not dependent on a consideration or the assertion of the right to eviction of a land or of a room other than residential purposes, is linked to the entry of a calendar day, the may be brought to the application for future payment or eviction. Unofficial table of contents

Section 258 Application for recurrent benefits

In the case of recurring services, a complaint may also be brought to the future payment on account of the benefits due only after the judgment has been issued. Unofficial table of contents

Section 259 Action for untimely performance

Proceedings for future performance may be levied in addition to the cases of § § 257, 258 if the circumstances are justified on the basis of the concern that the debtor will withdraw from the timely performance. Unofficial table of contents

Section 260 Claim

Several claims of the plaintiff against the same defendant may, even if they are based on a variety of reasons, be brought in a lawsuit if the process court is responsible for all claims and the same process type is admissible. Unofficial table of contents

Section 261 Right of legal action

(1) The filing of the action establishes the validity of the dispute. (2) The validity of a claim raised only in the course of the trial occurs with the date in which the claim in the oral proceedings is asserted. (3) The following effects shall have the following effects:

1.

during the duration of the legal proceedings, the dispute may not be otherwise pending by any party;

2.

the jurisdiction of the court of proceedings shall not be affected by a change in the circumstances which justify it.

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§ 262 Other effects of the right to vote

The provisions of the civil law concerning the other effects of the right shall remain unaffected. These effects, as well as all the effects of the provisions of civil law relating to the appointment, notification or judicial filing of the action, to which the defendant is summoned or to be registered, shall be without prejudice to the provisions of § 167 with the filing of the action. Unofficial table of contents

Section 263 Clay change

After the entry of the right of justice, an amendment to the action shall be admissible if the defendant consents or the court considers them to be relevant. Unofficial table of contents

§ 264 No change of action

It is not to be regarded as an amendment of the action if, without amendment of the plea

1.

the actual or legal proceedings are supplemented or rectified;

2.

the application for action is extended or restricted in the main proceedings or in relation to any additional claims;

3.

instead of the originally requested object, a different subject matter or interest is required because of a change which has occurred at a later date.

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Section 265 Disposal or assignment of the dispute

(1) The right of access does not preclude the right of one party or the other party to divure the matter under dispute or to withdraw the claim asserted. (2) The divestment or assignment has no influence on the process. The legal successor is not entitled to take the process as the main party in place of the legal foreman without the consent of the opponent or to raise a main intervention. If the legal successor acts as a secondary intervener, § 69 shall not apply. (3) If the plaintiff has sold or resigned, he may, if the judgment pursuant to Section 325 against the legal successor, would not be effective, counteract the objection. , it shall no longer be entitled to assert the claim. Unofficial table of contents

Section 266 Divestment of a property

(1) If there is a legal dispute between the owner and a third party on the existence or absence of a right to be used for a property or an obligation to rest on a property, then in the case of the sale of the property of the legal successor is entitled and, at the request of the opponent, is obliged to take over the litigation as the main party in the situation in which he is located. The same applies to a legal dispute concerning the existence or non-existence of an obligation to rest on a registered ship or ship. (2) This provision shall not be applied in so far as its provisions of the Civil law in favour of those who derive rights from non-authorised persons. In such a case, if the plaintiff has sold it, the provision of section 265 (3) shall apply. Unofficial table of contents

Section 267 Consented Consent to the Change of Clay

The defendant's consent to the amendment of the action shall be accepted if, without contradicting the amendment, he/she has admitted to the amended action at an oral hearing. Unofficial table of contents

Section 268 Unquestionability of the decision

A challenge to the decision that an amendment to the action is not present or that the amendment is to be allowed shall not take place. Unofficial table of contents

Section 269 Kwarehetaker

(1) The action may be withdrawn without the defendant's consent only until the commencement of the defendant's oral proceedings. (2) The withdrawal of the action and, in so far as it is necessary for the effectiveness of the withdrawal, also the action of the defendant. The defendant's consent shall be declared to the Court of First Instance. The withdrawal of the action shall be effected if it is not declared at the oral proceedings, by the filing of a written plea. The pleadings shall be sent to the defendant if his consent to the effectiveness of the withdrawal of the action is required. If the defendant does not object to the withdrawal of the action within a period of grace of two weeks since the delivery of the document, his consent shall be deemed to be granted if the defendant has previously been referred to this episode. (3) In the event of withdrawal, the dispute shall be deemed not to be pending; a judgment which has already been passed and which has not yet been passed shall be rendered ineffective without the need for its express waiver. The plaintiff is obliged to bear the costs of the lawsuit, insofar as it is not already legally recognized by them or if they are to be imposed on the defendant for any other reason. If the reason for the filing of the action has been omitted and the action is subsequently withdrawn, the obligation to provide costs shall be determined in accordance with its reasonable discretion, taking into account the existing property and dispute; this shall also apply if the action has not been notified. (4) The Court of First Instance shall decide, at the request of the effects of the action referred to in paragraph 3, by decision. If legal aid has been granted to a defendant, the court has to decide on the costs of its own motion. (5) The immediate appeal shall be lodged against the decision if the value of the dispute is the amount referred to in § 511 exceeds. The appeal is inadmissible if an appeal is no longer admissible against the decision on the request for a decision (§ 104). (6) If the action is new, the defendant may refuse the application until such time as the costs are reimbursed. Unofficial table of contents

§ 270 Delivery; informal communication

With the exception of the application for application and such pleadings which contain substantive applications, statements and other declarations by the parties, unless the court orders the service, shall be communicated without any special form. In the event of a transfer by post, the notice shall be deemed to have been effected by the party in the area of the place of the local order, otherwise on the second working day after the purpose of the mail, if the party does not make a credible statement, that the communication has not been received or received at a later date. Unofficial table of contents

Section 271 Delivery of the Klageschrift

(1) The application shall be filed without delay. (2) The defendant shall be asked to appoint a lawyer if he intends to defend against the action. Unofficial table of contents

Section 272 Determination of the procedure

(1) The legal dispute is usually to be dealt with in a fully prepared appointment for oral proceedings (main appointment). (2) The Chairman determines either an early first appointment for oral proceedings (§ 275) or initiates an oral proceedings (§ 275). (3) The quality negotiation and the oral proceedings are to take place as early as possible. (4) evictions are to be carried out primarily and expeditiously. Unofficial table of contents

Section 273 Preparation of the appointment

(1) The court must take the necessary preparatory measures in good time. (2) In order to prepare each appointment, the chairman or a member of the court of proceedings, appointed by him, may, in particular:

1.

abandon the parties to supplement or explain their preparatory pleadings, in particular to set a deadline for the declaration of certain points in need of clarification;

2.

-request the authorities or institutions of a public office to notify documents or to provide official information;

3.

order the personal appearance of the parties;

4.

Witnesses to which a party has referred, and invite experts to the oral proceedings, as well as an order pursuant to § 378;

5.

Meet orders in accordance with § § 142, 144.

(3) The orders referred to in paragraph 2 (4) and, in so far as the orders are not to be met by a party, shall only be issued if the defendant has already objected to the plea. For the orders referred to in paragraph 2 (4), § 379 shall apply. (4) The parties shall be notified of any order. If the personal appearance of the parties is ordered, the provisions of Section 141 (2), (3) shall apply. Unofficial table of contents

§ 274 Load of the parties; time of entry

(1) After the appointment of the oral proceedings, the parties must be summoned by the office. (2) The summons shall be delivered to the defendant with the application if the court has an early first date of negotiation. (3) A period of at least two weeks must be between the notification of the application and the date of the oral proceedings (time of entry). Where delivery is to be carried out abroad, the chairman shall determine the time limit for the establishment of the date of the date of the appointment. Unofficial table of contents

§ 275 Earlier first appointment

(1) In order to prepare the early first term for oral proceedings, the chairman or a member of the court of proceedings which he or she designated may set a time-limit for the written plea for the defendant to be held in writing. Otherwise, the defendant shall be called upon to inform the court of defence without delay by the lawyer to be ordered in a document; § 277 (1) sentence 2 shall apply accordingly. (2) If the proceedings in the (3) The court shall set a time-limit for the written plea of the plea in the date of the oral proceedings, and the court shall not be able to take the decision before the hearing. if the defendant has not yet received sufficient response to the action and has not yet received the claim, or (4) The Court of First Instance may, in the date or after receipt of the notice of action, set a time limit for the plaintiff's reply to the plea in writing. The Chairman may set the time limit outside the oral proceedings. Unofficial table of contents

Section 276 Written preliminary procedure

(1) If the Chairman does not make an early first appointment for oral proceedings, he shall ask the defendant to deliver the action if he wishes to defend himself against the action, within a period of two weeks after delivery. the application shall be notified to the court in writing; the plaintiff shall be informed of the request. At the same time, a time limit of at least two further weeks must be set for the defendant in writing in writing. If the notification of the action is to be carried out abroad, the chairman shall determine the time limit laid down in the first sentence. (2) The defendant shall inform the defendant of the consequences of a failure to comply with the time limit laid down in the first sentence of paragraph 1 and of the fact that: he/she can only make the declaration that the action is to be taken by the attorney to be ordered. The instruction on the possibility of issuing a failure judgment pursuant to section 331 (3) shall include the legal consequences of § § 91 and 708 No. 2. (3) The chairman may give the plaintiff a time limit for written opinion on the plea . Unofficial table of contents

Section 277 Plebiscist; Replica

(1) In the event of a plea, the defendant has to bring forward his defence means to the extent that it corresponds to a careful process management, which is intended to promote the process, according to the process situation. The plea is also intended to contain a statement as to whether there are grounds for a decision of the matter by the individual judge. (2) The defendant is aware that the notice of action by the attorney to be ordered by the court (3) The time limit for written plea pursuant to § 275 (1) sentence 1, para. 3 shall be at least two weeks. (4) For the written opinion, the notice of plea shall apply to the plea for the plea The first sentence of paragraph 1 and paragraphs 2 and 3 respectively. Unofficial table of contents

§ 278 Güell dispute resolution, quality negotiation, comparison

(1) The court is to be considered in any position of the proceedings for an amicable settlement of the dispute or individual points of dispute. (2) For the purpose of the amicable settlement of the dispute, the oral proceedings are preceded by a quality negotiation, unless there has already been an attempt at a settlement before an out-of-court quality service, or the quality negotiation appears to be clearly hopeless. The Court of First Instance, in the conciliation procedure, has to discuss matters of law and dispute with the parties, with free consideration of all circumstances, and, where necessary, to ask questions. The published parties are to be heard in person. (3) The personal appearance of the parties is to be arranged for the quality negotiation as well as for further quality tests. Section 141 (1), second sentence, (2) and (3) shall apply accordingly. (4) Both parties do not appear in the quality negotiation, the rest of the proceedings shall be ordered. (5) The court may prejudge the parties for the quality negotiation as well as for further tests of quality before a For this purpose, certain judges (who are not authorized to make a decision) refer to them. The goods ichter can use all methods of conflict resolution, including mediation. (6) A court settlement can also be concluded by the parties submitting a written settlement proposal to the court or adopt a written proposal from the Court of First Instance by written submissions to the Court of First Instance. The Court of First Instance shall determine the agreement and the content of a comparison concluded in accordance with the first sentence. § 164 shall apply accordingly. Unofficial table of contents

§ 278a Mediation, extrajudicial conflict resolution

(1) The court may propose to the parties a mediation or other procedure of non-judicial settlement of the conflict. (2) The parties to the proceedings of the parties to conduct a mediation or any other procedure of the out-of-court settlement Conflict resolution, the court orders the suspension of the proceedings. Unofficial table of contents

Section 279 Oral proceedings

(1) A party does not appear in the quality negotiation or if the quality negotiation is unsuccessful, the oral proceedings (previously the first date or the main date) should be followed immediately. (2) In the main date, the contested hearing should immediately follow the taking of evidence. (3) In the aftermath of the taking of evidence, the Court of First Instance once again has the status of law and the dispute. and, as far as possible, to discuss the outcome of the taking of evidence with the parties. Unofficial table of contents

Section 280 Abseparate negotiation on admissibility of the action

(1) The court may order that the admissibility of the lawsuit is negotiated separately. (2) The subject of the appeal shall be regarded as an endurance part in the subject of the appeal. The Court of First Instance may, however, order, on request, that the main proceedings should be negotiated. Unofficial table of contents

Section 281 referral for lack of competence

(1) If, on the basis of the provisions relating to the local or factual jurisdiction of the courts, the jurisdiction of the Court of First Instance is to be pronounced, the court in question, if the competent court may be determined, shall, at the request of the plaintiff, by decision to declare itself uncompetent and to refer the dispute to the competent court. If several courts are competent, the order shall be referred to the court chosen by the plaintiff. (2) Applications and explanations of jurisdiction of the court may be made before the official of the office of the office. The decision shall be indisputable. The dispute shall be brought before the court referred to in the decision with the receipt of the files. The decision shall be binding on that court. (3) The costs incurred in the proceedings before the Court of First Instance shall be treated as part of the costs incurred by the court referred to in the decision. The additional costs incurred by the plaintiff are to be laid down even if it is the main object of the main proceedings. Unofficial table of contents

Section 282 The timeliness of the introduction

(1) In the oral proceedings, each party has its own means of attack and defence, in particular claims, dispute, objections, objections, evidence and evidence, as early as possible after the process situation of a (2) Applications as well as the means of attack and defence to which the opponent is unlikely to make a statement without prior notice shall be submitted before the oral proceedings. to inform the proceedings of the preparatory documents in such a time that the (3) The defendant has to bring forward to the main proceedings at the same time and before his trial. (3) Rügen, which relates to the admissibility of the action, has to be brought to the main proceedings at the same time and before his trial. If, before the oral proceedings, a time limit has been set for him to make a plea, he shall have the right to invoke the complaint within the time limit. Unofficial table of contents

Section 283 Deadline For Declarations on the Submission of the opponent

If a party cannot declare itself in the oral proceedings for the adversary's submission, because it has not been notified in good time before the date, the court may, at its request, determine a time limit in which it shall make the statement in , at the same time, an appointment shall be made for the delivery of a decision. A timely declaration must be made, a late declaration may be taken into account by the court in the decision. Unofficial table of contents

Section 283a Security order

(1) Where an eviction action is associated with a payment action from the same legal relationship, the court of proceedings shall, at the request of the plaintiff, order that the defendant shall, on account of the monetary claims, which have become due after the lawsuit has been lawfully, to provide security, to the extent that:

1.

the application for these claims has a high prospect of success and

2.

the arrangement is justified on the basis of consideration of mutual interests in order to avoid particular disadvantages for the plaintiff. In respect of the interests to be considered, their credibility shall be sufficient.

If the parties argue for the plaintiff's right to increase the monetary claim, the security order does not cover the amount of the increase. (2) The defendant has to prove the security performance within a time limit to be determined by the court. (3) Insofar as the plaintiff obvicts, the defendant is in an enduro or convicted part of the court. (2) (4) Insofar as the plaintiff is entitled under the final part of the legislation or in accordance with the other arrangements, a claim in the amount of the In the event of a failure to provide security, it shall replace the damage suffered by the defendant by the Security performance has arisen. The second sentence of Article 717 (2) shall apply accordingly. Unofficial table of contents

§ 284 Taking of evidence

The taking of evidence and the ordering of a special taking of evidence by a warrant of evidence shall be determined by the provisions of the fifth to eleventh ticks. With the consent of the parties, the court may take up the evidence in the manner which appears appropriate to it. The agreement may be limited to individual evidence surveys. It can only be revoked in the event of a substantial change in the process situation before the commencement of the evidence survey to which it relates. Unofficial table of contents

Section 285 Negotiation after taking of evidence

(1) The parties have to negotiate the result of the taking of evidence in the course of the dispute. (2) If the taking of evidence does not take place before the trial court, the parties have their result on the basis of the evidence negotiations. . Unofficial table of contents

Section 286 Free evidence

(1) The Court of First Instance, taking into account the whole content of the negotiations and the outcome of any taking of evidence, has the freedom to decide whether an actual claim should be considered to be true or not to be true. The judgment shall state the reasons which have been rendered conducting for the judicial convictions. (2) The court is bound by legal rules of evidence only in the cases referred to by this Act. Unofficial table of contents

§ 287 Claims for damages; amount of the claim

(1) If there is a dispute between the parties as to whether a damage has been caused and how much the damage or an interest to be replaced is to be baptiated, the court shall decide on this matter in the light of all circumstances in accordance with free conviction on this matter. It remains to the discretion of the Court of First Instance whether and to what extent a request for evidence requested or on its own merits is to be ordered by experts. The court may hear the evidence of the damage or interest; the provisions of § 452 (1) sentence 1, (2) to (4) apply accordingly. (2) The provisions of the first sentence of the first subparagraph of paragraph 1 are also applicable in the case of property disputes in the case of property disputes. apply in accordance with other cases in so far as the amount of a claim is in dispute between the parties and the full clarification of all the relevant circumstances is associated with difficulties which are related to the importance of the disputed part of the Demand in no relation. Unofficial table of contents

§ 288 Judicial confession

(1) The facts asserted by a party do not need proof in that regard, in the course of which they have been admitted by the opponent at an oral hearing or the protocol of a commissioned or requested judge during the course of the dispute. (2) The validity of the judicial confession is not necessary for its adoption. Unofficial table of contents

§ 289 Additions in confession

(1) The effectiveness of the judicial confession shall not be affected by the addition of an allegation containing an independent attack or defence. (2) The extent to which a trial was made before the court A declaration, notwithstanding any other additional or restrictive claims, should be regarded as a confession, determined by the nature of the individual case. Unofficial table of contents

Section 290 Revocation of the confession

The revocation has an influence on the effectiveness of the judicial confession only if the revocative party proves that the confession of the truth is not equal and caused by a misconception. In this case, the confession loses its effectiveness. Unofficial table of contents

§ 291 Off-Art Facts

Facts which are manifestly in the court of law do not require proof. Unofficial table of contents

§ 292 Legal suspicions

If the law establishes a presumption for the existence of a fact, the evidence of the contrary shall be admissible unless the law prescries another. This evidence can also be guided by the request for party hearing in accordance with § 445. Unofficial table of contents

Section 292a

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§ 293 Foreign law; customary law; statutes

The law applicable in another State, the customary rights and statutes require proof only in so far as they are unknown to the court. In determining these legal standards, the Court of First Instance is not limited to the evidence provided by the parties; it is empowered to use other sources of knowledge as well and to order the necessary for the purpose of such use. Unofficial table of contents

Section 294 Credibility

(1) Anyone who has to make an actual allegation credibly can use all the evidence, also to take out insurance on oath. (2) A taking of evidence that cannot be carried out immediately is unstateful. Unofficial table of contents

Section 295 ProceRules of Procedure

(1) The infringement of a procedure and, in particular, the form of a process act, may not be considered if the party waives the requirement to comply with the rule or if it does so at the next oral question Proceedings which have taken place on the basis of the procedure in question or in which reference has been made, did not have the defect, although it appeared and it was aware of the defect or had to be known. (2) The above provision is not to be applied when regulations are infringed, and where a party does not effectively comply with can do without. Unofficial table of contents

Section 296 Rejection of late introduction

(1) Attack and defence means, which only after the expiry of a time limit set for this purpose (Section 273 (2) No. 1 and, insofar as the time limit is issued against a party, 5, § 275 (1) sentence 1, para. 3, 4, § 276 (1) sentence 2, para. 3, § 277) only if, according to the free conviction of the court, their admission would not delay the execution of the lawsuit or if the party apologized enough for the delay. (2) Attack and defence means, which § 282 (1) not submitted in due time or communicated in due time in breach of § 282 (2) , may be refused if, in accordance with the free conviction of the Court of First Instance, their admission would delay the execution of the dispute and the delay was due to gross negligence. (3) Late of repudiation, which is the admissibility of the action (4) In the cases referred to in paragraphs 1 and 3, the reason for the apology shall be credible at the request of the Court of First Instance. Unofficial table of contents

§ 296a Predeliver at the end of the oral proceedings

After the conclusion of the oral proceedings on which the judgment is handed down, attack and defence means can no longer be brought forward. § 139 (5), § § 156, 283 shall remain unaffected. Unofficial table of contents

Section 297 Form of application

(1) The applications are to be read from the preparatory written submissions. To the extent that they are not included, they must be read out of a font to be annexed to the Protocol. The Chairman may also allow the applications to be declared on the Protocol. (2) The reading may be replaced by the parties referring to the pleadings which contain the applications. Unofficial table of contents

§ 298 File expression

(1) An electronic document (§ § 130a, 130b) may be used to produce an expression for the files. (2) The expression must contain the endorsement,

1.

the result of the integrity check of the document,

2.

who has the signature verification as the owner of the signature,

3.

the time of the signature verification for the attachment of the signature.

(3) The electronic document shall be stored at least until the final conclusion of the procedure has been passed. Unofficial table of contents

Section 298a Electronic file

(1) The process files may be conducted electronically. The Federal Government and the State Governments determine in their area by means of a legal regulation the date from which electronic files are conducted as well as the organizational and technical framework conditions for education, which apply to them. Management and storage of electronic files. The state governments can transfer the authorization to the Land Justice Administrations by means of a legal regulation. The authorisation of the electronic file may be restricted to individual courts or proceedings. (2) Documents submitted in paper form and other documents shall be transferred to an electronic document to replace the original document. The documents are to be kept at least until the final conclusion of the procedure, provided that they are further required in paper form. (3) The electronic document must contain the information as to when and by whom the documents should be included in the document. electronic document. Unofficial table of contents

Section 299 File inspection; copies

(1) The parties may inspect the proceedings of the proceedings and allow them to be granted copies, excerpts and transcripts from them by the office. (2) The Board of the General Court may, without the consent of the parties, be able to view the proceedings of the Court of First Instance. only allow files if a legal interest is made credible. (3) If the process files are conducted electronically, the office shall grant access to the file by issuing a file expression, by reproduction on a screen, or by a copy of the file. Transmission of electronic documents. At the discretion of the Chairperson, authorised persons who are members of a Bar Association may be allowed electronic access to the contents of the files. In the case of electronic access to the contents of the files, it is necessary to ensure that access is made only by the authorised representative. For the transmission, all documents must be provided with a qualified electronic signature and shall be protected against unauthorised knowledge. (4) The drafts of judgments, decisions and decisions to prepare them for their preparation , as well as the documents relating to votes, shall not be communicated or communicated in writing. Unofficial table of contents

§ 299a Volume Archive

If the process files have been transferred to a picture or other data medium in accordance with the proper principles to replace the original, and if the written proof is that the reproduction is in conformity with the original document, then it may be possible for the documents to be replaced by the original document. Copies, excerpts and copies are issued from the image or data carrier. Endorsements to be applied to the original document shall be affixed in this case on proof of proof.

Title 2
Judgment

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§ 300 Endurteil

(1) If the dispute is ripe for the final decision, the court has to pass it by final judgment. (2) The same shall apply if only the one to the final decision of several processes connected for the purpose of simultaneous negotiation and decision-making is ripe. Unofficial table of contents

Section 301 Partial Judgment

(1) If only one of the claims asserted in a claim is the one or only one part of a claim or if the counterclaim is raised only the action or the counterclaim to the final decision is ripe, the court shall have it by final judgment (partial judgment). Part of a uniform claim, which is in dispute by reason and amount, can only be decided by partial judgment, if at the same time a basic judgment is taken over the remaining part of the claim. (2) The adoption of a partial judgment may be if the Court of First Instance does not consider it appropriate for the situation in the case of the case. Unofficial table of contents

Section 302 Subject-of-reservation

(1) If the defendant has asserted the offsetting of a counterclaim, if only the negotiation of the claim is ripe, it may, subject to the decision on the offsetting, be issued. (2) If the judgment does not contain the judgment, the defendant shall not Reservation, the amendment of the judgment may be requested in accordance with § 321. (3) The judgment, which is subject to the decision on the offsetting, is in the subject of the appeal and the foreclosure as an endurant part (4) In the subject of the offsetting on which the decision is reserved, the Lawsuit pending. To the extent that the further proceedings show that the claim of the plaintiff was unfounded, the earlier judgment should be repealed, the plaintiff to be dismissed with the claim and the costs to be decided elsewhere. The plaintiff is obliged to compensate for the damage suffered by the defendant by the execution of the judgment or by a service rendered for the purpose of wasting the execution of the judgment. The defendant may claim the right to compensation for damages in the pending litigation; if the claim is asserted, he shall be regarded as having been legally dependent on the time of payment or performance. Unofficial table of contents

Section 303 Intermediate ruling

If a dispute is ripe for decision, the decision may be taken by an intermediate judgment. Unofficial table of contents

Section 304 Intermediate ruling on the reason

(1) If a claim for reason and amount is in dispute, the court may decide on the ground in advance. (2) The judgment shall be regarded as a final part of the appeal in the subject of the appeal; however, the court may, if the claim is declared to be well founded, to: Order a request that the amount should be negotiated. Unofficial table of contents

Section 305 Judgment subject to retention of limited liability

(1) The assertion of the objections to the heirs according to § § 2014, 2015 of the Civil Code does not preclude a conviction of the heir under the reservation of the limited liability. (2) The same applies to the Assertion of the objections which, in the case of the continued community of goods, are due to the surviving spouse in accordance with § 1489 (2) and § § 2014, 2015 of the Civil Code. Unofficial table of contents

Section 305a judgment subject to retention of the law of limited liability

(1) Under the terms of Section 611 (1) or (3), § § 612 to 616 of the Commercial Code, the claim of limitation of liability claimed in the application is subject to the claim that the defendant claims that:

1.

from the same event, any further claims for which he may be limited to liability have been incurred and

2.

the sum of the claims exceeds the limits of liability in respect of these claims in Articles 6 or 7 of the Liability Limitation Agreement (§ 611 Paragraph 1 sentence 1 of the Commercial Code) or in § § 612, 613 or 615 of the Commercial Code are intended to be

the court may disregard the right of limitation of liability in the case of the decision if the discharge of the dispute is not due to uncertainty as to the reason or amount of the further claims under the free conviction of the Court of First Instance would be insignificantly more difficult. The same shall apply if the claim asserted in the lawsuit is subject to the limitation of liability in accordance with § § 4 to 5m of the Inland Navigation Law and the defendant claims that further claims have been made from the same event, for (2) The Court of First Instance fails to take into account the right to limitation of liability, the Court of First Instance disclaims the right to limit the liability of the Court of Justice. the judgment

1.

in the case referred to in the first sentence of paragraph 1, subject to the reservation that the defendant may claim the right to limit liability if a fund has been established in accordance with the limitation of liability or in the event of the right to the limitation of liability shall be established,

2.

in the case referred to in the second sentence of paragraph 1, subject to the condition that the defendant may exercise the right of limitation of liability if a fund has been established pursuant to Section 5d of the inland waterway law or to assert the right to: Limitation of liability is established.

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Section 306 waiver

If the plaintiff dispenses with the claim under appeal at the oral proceedings, he shall be dismissed on the basis of the waiver of the claim if the defendant requests the dismissal. Unofficial table of contents

§ 307 Recognition

If a party recognizes in whole or in part the claim made against it, it shall be condemned in accordance with the recognition. There is no need for oral proceedings to this extent. Unofficial table of contents

Section 308 Binding to party motions

(1) The Court of First Instance is not entitled to grant anything to a party which is not requested. This applies in particular to fruit, interest and other side claims. (2) On the obligation to bear the process costs, the court has to recognize without a request. Unofficial table of contents

Section 308a Decision without application in rental cases

(1) In the event of a dispute between the landlord and the tenant or the tenant and the subtenant, the court considers that the right to eviction is unfounded due to the eviction of housing, because the tenant according to § § 574 to 574b of the civil service In the case of a continuation of the tenancy agreement, it shall also, in the judgment, pronounce it without request, for which duration and under which changes in the terms of the contract the tenancy shall be continued. The parties are to be heard before the sentence. (2) The sentence is to be appealed independently. Unofficial table of contents

§ 309 Recognizing Judges

The judgment may only be delivered by those Judges who have attended the trial on which the judgment was based. Unofficial table of contents

Section 310 Date of sentencing

(1) The judgment shall be given in the date in which the oral proceedings are concluded or in an appointment to be immediately scheduled. This will only be scheduled for more than three weeks if important reasons, in particular the extent or difficulty of the case, require this. (2) If the judgment is not announced in the date when the oral proceedings are closed, the decision shall be taken to the extent that the judgment is not held in the oral proceedings. (3) In the case of a judgment of recognition and a judgment of failure to be held in accordance with § § 307, 331 (3) without oral proceedings, the proclamation shall be replaced by the delivery of the judgment. The same shall apply in the case of a judgment which rejects the opposition to a judgment of failure (Section 341 (2)). Unofficial table of contents

§ 311 Form of sentencing

(1) The judgment is given in the name of the people. (2) The verdict is announced by the lecture of the judgment of the judgment. The lecture of the sentencing formula can be replaced by a reference to the sentencing formula if no one has appeared in the announcement by the parties. Judgments delivered on the basis of a recognition, as well as judgments which result in the withdrawal of the action or the waiver of the claim, may be proclaimed, even if the judgment of the judgment is still (3) The reasons for the decision shall be announced, if deemed appropriate, by giving the reasons or by giving an oral communication of the essential content. (4) If the judgment is not announced in the date, the decision shall be made in the which shall be closed for oral proceedings, the Chairman shall be able to: Announce the absence of the other members of the court. Unofficial table of contents

Section 312 The presence of the parties

(1) The effectiveness of the announcement of a judgment is not dependent on the presence of the parties. The announcement shall also be deemed to have been effected by the party who failed to make the appointment. (2) The power of a party to continue the proceedings or to make use of the judgment in a different manner on the basis of a proclaimed judgment shall be shall not be subject to service to the opponent, unless this law determines otherwise. Unofficial table of contents

Section 313 Form and content of the judgment

(1) The judgment shall include:

1.

the designation of the parties, their legal representatives and the representatives of the process;

2.

the name of the court and the names of the judges who took part in the decision;

3.

the date on which the oral proceedings have been concluded;

4.

the judgment of the judgment;

5.

the facts;

6.

the reasons for the decision.

(2) In the event of a crime, the claims made and the means of attack and defence brought forward shall be presented in a concestive way only with the emphasis on the applications submitted. Because of the details of the property and the dispute, reference should be made to documents, protocols and other documents. (3) The reasons for the decision include a brief summary of the considerations on which the decision in actual and from a legal standpoint. Unofficial table of contents

Section 313a omitting facts and decision-making reasons

(1) It is not necessary for the facts to be made if an appeal against the judgment is not dubiously admissible. In this case, there is no need for any reasons for the decision if the parties do not accept them or if their essential content has been included in the minutes. (2) If the verdict is closed on the date in which the oral proceedings are closed , it shall not be necessary for the facts of the facts and the reasons for the decision to be made if the two parties do not have the right to appeal against the judgment. If the judgment can be challenged only for one party, it shall be sufficient if the party does not. (3) The renunciation of paragraph 1 or 2 may take place before the judgment is announced; it must be made no later than within one week after the end of the oral proceedings. (4) Paragraphs 1 to 3 shall not apply in the event of conviction for recurring benefits due in the future, or if it is to be expected that the judgment will be asserted abroad. (5) To assert a judgment handed down abroad without the facts and the reasons for the decision , the provisions relating to the completion of failure to comply and recognition of recognition shall apply accordingly. Unofficial table of contents

Section 313b Failure, acknowledgment and waived judgment

(1) It is not necessary for the facts and the reasons for the decision to be recognized by the failure of the judgment, the judgment of the recognition or the judgment of a waider. The judgment shall be deemed to be a failure, recognition or waiver of the judgment. (2) The judgment may be placed in the abbreviated form referred to in paragraph 1 on the original document or copy of the action in the case of the file or on a sheet to be attached to it. . The names of the judges do not need to contain the verdict. The name of the parties, their legal representatives and the representatives of the process agents shall be included in the judgment only in so far as the particulars of the application are dismissed. If the applicant is aware of the application of the application, reference may be made to the application in the judgment. If the judgment is placed on a leaf which is linked to the application, the liaison body shall be provided with the court seal or the connection shall be effected with cord and seal. (3) Paragraph 1 shall not apply if it is to be expected (4) Paragraph 2 shall not apply if the proceedings are carried out in electronic form. Unofficial table of contents

Section 314 Evidence of the facts of the Tatbeum

The facts of the judgment provide proof of the party's oral presentation. Proof can only be invalidated by the minutes of the sitting. Unofficial table of contents

Section 315 Signature of the judges

(1) The judgment shall be signed by the judges who took part in the decision. If a judge is prevented from signing his signature, this shall be noted, stating the reason for the prohibition, by the chairman and in the event of the latter's prevention by the oldest sitting judge under the judgment. (2) A judgment which is in the The date of closing the oral proceedings shall be announced before the end of three weeks, calculated from the date of delivery, shall be sent to the office of the office. If, exceptionally, this cannot be done, within this period the judgment signed by the judges shall be transmitted without the facts and reasons of the decision of the office. In this case, the facts and reasons for the decision are to be subsequently made subsequently, to be signed by the judges in particular and to be sent to the office. (3) The official of the office of the office of the office has the day of the judgment Note the announcement or the service pursuant to section 310 (3) and sign this note. If the process files are carried out electronically, the official of the office shall record the endorsement in a separate document. The document is inextricably linked to the judgment. Unofficial table of contents

§ 316

(dropped) Unofficial table of contents

Section 317 Urine delivery and preparation

(1) The judgments shall be delivered to the parties, announced judgment of failure only to the underlying party in transcript. A service in accordance with § 310 (3) is sufficient. On the basis of a request by the parties, the Chairman may postpone the delivery of the promulgated verdicts until the expiry of five months after the date of delivery. (2) Copies shall be issued only on request and only in paper form. As long as the judgment is not proclaimed and is not signed, copies, excerpts and copies of the judgment may not be issued. The issuing of a judgment requested by one party shall be effected without the facts and the reasons for the decision; this shall not apply if the party requests a complete copy. (3) Copies, excerpts and copies of one of the parties to be submitted as electronic Document (§ 130b) of this judgment may be issued by a judgment in accordance with § 298. (4) The copy and excerpts of the judgments shall be signed by the official of the office of the office and shall be provided with the court seal. (5) If the judgment is manufactured in abbreviated form in accordance with Article 313b (2), the following shall be taken: The document shall be issued in the same way using a certified copy of the application, or in such a way that the judgment is completed by the inclusion of the information referred to in § 313 (1) to (4). The copy of the application may be certified by the official of the office or by the attorney of the plaintiff. Unofficial table of contents

Section 318 Binding of the court

The Court of First Instance shall be bound by the decision contained in the final and intermediate judgments which it has adopted. Unofficial table of contents

Section 319 Correction of the judgment

(1) Write errors, invoice errors and similar obvious inaccuracies that occur in the judgment are at any time to be corrected by the court of law at any time. (2) The decision that pronounce a correction shall be made on the judgment and on the Copies noted. If the amending decision is in the form of § 130b, it shall be recorded in a separate electronic document. The document is inextricably linked to the judgment. (3) The decision to reject the request for correction does not find an appeal, the decision that makes a corrigendum, an immediate appeal. Unofficial table of contents

§ 320 Correction of the Tatbestand

(1) If the facts of the judgment contain inconsistencies which are not covered by the provisions of the above paragraph, omissions, cases of darkness or contradictions, the correction may be made within a two-week period by the submission of a (2) The time limit shall begin with the delivery of the judgment in full form. The application may be submitted before the start of the period. The rectification of the offence is excluded if it is not requested within three months since the judgment is announced. (3) The request is to be negotiated orally if a party so requests. (4) The court decides without Taking of evidence. Only those judges who participated in the judgment shall act in the decision. If a judge is prevented from voting, the vote of the chairman shall be given in the event of a tie, and the vote of the oldest judge shall be the result of the latter's prevention. The decision shall not be subject to any dispute. The decision which makes a correction shall be noted in the judgment and the copies. If the amending decision is in the form of § 130b, it shall be recorded in a separate electronic document. The document is inextricably linked with the judgment. (5) The rectification of the facts does not result in a modification of the remaining part of the judgment. Unofficial table of contents

Section 321 Supplement to the judgment

(1) Where a principal or subsidiary claim asserted in accordance with the facts originally established or corrected by a party or if the point of cost of the final decision has been completely or partially bypassed, the following shall apply: (2) The subsequent decision must be requested within a two-week period, which begins with the delivery of the judgment, by the filing of a plea. (3) On the application is an appointment to be held for oral proceedings. The opponent of the applicant shall be entitled to the claim containing the application with the charge at that date. (4) The oral proceedings shall only be the subject of the unfinished part of the dispute. Unofficial table of contents

Section 321a remedial action in the event of violation of the right to be heard

(1) The proceedings of the party complained of by the decision shall continue to be followed if:

1.

an appeal or any other appeal against the decision is not given and

2.

the Court of First Instance infringed the right of the Party to its right to be heard in a substantial manner.

The complaint does not take place against a decision which precedes the final decision. (2) The complaint is to be made within a period of emergency of two weeks after knowledge of the violation of the legal hearing; the date of the acquisition of knowledge is to make it credible. After the expiry of a year since the contested decision has been announced, the complaint can no longer be levied. Decisions notified in a formless form shall be deemed to have been notified to the post of mail with the third day after the assignment. The complaint shall be made in writing to the Court of First Instance, whose decision is under attack. (3) The opponent shall, if necessary, be given the opportunity to give an opinion. (4) The Court of First Instance has to do so from its own motion. (4) The Court of First Instance has to do so by its own check whether the complaint is in itself and whether it is collected in the legal form and in the time limit. If there is a lack of one of these requirements, the complaint shall be rejected as inadmissible. If the beet is unfounded, the court rejects it. The decision shall be taken by means of an indisputable decision. The decision is to be briefly explained. (5) If the complaint is well founded, the court will assist the court by continuing the proceedings, insofar as this is necessary on the basis of the complaint. The procedure shall be returned to the situation in which it was before the end of the oral proceedings. § 343 shall apply accordingly. In written proceedings, the date of the oral proceedings shall be replaced by the date until the pleadings may be filed. Unofficial table of contents

Section 322 Material legal force

(1) Judgments are only capable of legal force in so far as the claim is determined by the action or the counterclaim. (2) If the defendant asserted the offsetting of a counterclaim, then the decision is that the No counterclaim exists, up to the amount of the amount for which the offsetting has been asserted, capable of legal force. Unofficial table of contents

Section 323 Amendment of judgments

(1) If a judgment contains a commitment to recurring benefits due in the future, each part may apply for the amendment. The action shall be admissible only if the plaintiff has facts which result in a substantial change in the actual or legal situation underlying the decision. (2) The action may only be based on the grounds on which the action is based: (3) The amendment is admissible for the period of time since the lawsuit is legal. (4) The amendment is an essential part of the proceedings. (4) The amendment is admissible. Changes in the actual or legal conditions, the to adapt the decision in accordance with its bases. Unofficial table of contents

§ 323a Amendment of comparisons and documents

(1) If a comparison according to § 794 (1) (1) or a Enforceable Document contains a commitment to recurring benefits due in the future, each part may complain of the amendment of the title. The action shall be admissible only if the plaintiff has facts which justify the amendment. (2) The further conditions and the extent of the amendment shall be governed by the provisions of civil law. Unofficial table of contents

§ 323b Sharpened liability

The legality of a change-of-change lawsuit is the same in the application of Section 818 (4) of the Civil Code to the right of legal action to repay the amounts paid. Unofficial table of contents

Section 324 Formal claim for security

If, in the case of a conviction for the payment of a financial pension, which has not been recognised in accordance with § § 843 to 845 or § § 1569 to 1586b of the Civil Code, the person entitled may nevertheless require the security to be effective if: the assets of the pledge have deteriorated significantly; under the same condition, it may require an increase in the security specified in the judgment. Unofficial table of contents

§ 325 Subjective legal force

(1) The final judgment acts for and against the parties and the persons who have become the legal successor of the parties after the entry of the right of justice or who have obtained the possession of the matter in dispute in such a way that: (2) The provisions of civil law in favour of those who derive rights from a non-authorized person shall apply accordingly. (3) Subject to the judgment of a claim from a registered reallast, mortgage, basic debt or pension debt, in the event of a sale of the land under load, in the event of the property being held against the legal successor, even if the latter has not known the validity of the right. The judgment will only act against the heist of a property which has been sold by way of forced auction only if the legal action has been notified at the latest in the auctioning date prior to the invitation to submit bids. (4) In the case of a claim from a registered ship's mortgage, the first sentence of paragraph 3 shall apply mutatily. Unofficial table of contents

§ 325a Festpositional effect of the model decision *)

The provisions of the Capital Investor Model Procedure Act shall apply to the further effects of the model decision. Unofficial table of contents

Section 326 Legal force in succession

(1) A judgment delivered between a pre-heir and a third party on a claim against the heir as heir or on a subject subject to the succession of succession shall act, provided that it is final before the succession of succession (2) A judgment delivered between a pre-heir and a third party on a subject subject to succession shall also have an effect on the offspring, provided that the pre-heir is empowered, without the consent of the afterheir, to the To have the subject matter. Unofficial table of contents

Section 327 Legal force in the execution of wills

(1) A judgment delivered between a executor of a executor and a third party on a right subject to the administration of the executor of the executor has an effect on and against the heir. (2) The same shall apply from a judgment which has been given between a The executor of the executor and a third party shall be entitled to a claim against the estate if the executor of the executor is entitled to take the lead in the proceedings. Unofficial table of contents

§ 328 Recognition of foreign judgments

(1) The recognition of the judgment of a foreign court is excluded:

1.

if the courts of the State to which the foreign court is a member are not competent in accordance with German law;

2.

where the defendant, who has not admitted to the proceedings and is based on it, the document instituting the proceedings has not been served in a proper manner or not in such a timely manner that he could defend himself;

3.

if the judgment is incompatible with a previous foreign judgment issued or to be recognised, or if the proceedings on which it is based are incompatible with a procedure which has previously been legally established in this case;

4.

if the recognition of the judgment results in a result which is manifestly contrary to fundamental principles of German law, in particular if recognition is incompatible with fundamental rights;

5.

if reciprocity is not vouchable.

(2) The provision of point 5 shall not preclude the recognition of the judgment if the judgment relates to a non-property rights claim and, in accordance with German law, a place of jurisdiction in the territory of the country was not justified. Unofficial table of contents

Section 329 Decisions and dispositions

(1) The decisions of the Court of First Instance, which are due to oral proceedings, must be announced. The provisions of Sections 309, 310 (1) and 311 (4) are applicable to decisions of the Court of First Instance, the provisions of Section 312 and Section 317 (2) sentences 1, 2, (3) and 4 to decisions of the Court of First Instance and to the provisions of the Chairperson and of the Chairman of the Court of First Instance. (2) Non-proclaimed decisions of the Court of First Instance and non-proclaimed orders of the Chairman or a representative or requested Judge shall be communicated informally to the parties. If the decision contains a term or a time limit, it must be sent. (3) Decisions which form an enforcement order or which are subject to the immediate appeal or the reminder pursuant to Article 573 (1) are: .

Title 3
Missed-Part

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Section 330 Judgment of failure against the plaintiff

If the plaintiff does not appear in the date of the oral proceedings, the judgment of failure shall be issued, on request, to the effect that the plaintiff shall be dismissed with the action. Unofficial table of contents

Section 331 Secrecy judgment against the defendant

(1) In the event that the plaintiff has requested the failure of the defendant against the defendant who had not appeared in the oral proceedings, the applicant's actual oral argument shall be deemed to have been granted. This does not apply to the court's jurisdiction pursuant to § 29 para. 2, § 38. (2) Insofar as it justifies the application for a plea, it must be recognized after the application; if this is not the case, the action is to be dismissed. (3) Has the defendant, contrary to § 276 1, sentence 1, para. 2 does not appear in time to defend itself against the action, the Court of First Instance, at the request of the plaintiff, shall take the decision without oral proceedings; this shall not apply if the defendant's declaration is still received, before the judgment of the office, signed by the judges, is communicated. The application may already be filed in the application. A decision without oral proceedings shall also be admissible in so far as the plaintiff's argument does not justify the application for a plea in a secondary claim, provided that the plaintiff has been informed of this possibility before the decision. Unofficial table of contents

Section 331a Decision on the file

In the event of a party being left in the oral proceedings, the opponent may request a decision on the situation of the files instead of a judgment of failure; the request shall be in accordance with the facts of the case for such a decision appears sufficiently clarified. Section 251a (2) shall apply accordingly. Unofficial table of contents

§ 332 Concept of the date of negotiation

The dates of negotiations within the meaning of the above paragraphs shall also be regarded as those dates to which the oral proceedings have been adorned or which are intended to continue before or after the adoption of a decision. Unofficial table of contents

Section 333 Non-negotiation of the published party

The party, which appears in the appointment, but does not negotiate, should also be considered as not. Unofficial table of contents

Section 334 Incomplete Negotiation

If a party negotiates in the event but does not agree on facts, documents or requests for party testimonial, the provisions of this Title shall not apply. Unofficial table of contents

Section 335 Unadmissibility of a decision to default

(1) The application for the adoption of a judgment of failure or of a decision on the situation of the files shall be rejected:

1.

if the party in question is unable to procure the referral required by the Court of First Instance on the grounds of a circumstance to be taken into account by the Court of First Instance;

2.

if the non-published party was not properly charged, in particular not in good time;

3.

if the non-published party was given an actual oral submission or an application had not been communicated in due time by means of a written plea;

4.

if, in the case of section 331 (3), the defendant has not been informed of the time limit laid down in Section 276 (1) sentence 1, or if he has not been informed pursuant to Section 276 (2);

5.

if, in the cases of Section 79 (3), the refusal of the authorized representative or the refusal of further representation only takes place in the appointment or the unpublished party has not been informed in due time.

(2) If the trial is postponed, the non-published party shall be invited to the new date. Unofficial table of contents

Section 336 Legal remedies for refoulement

(1) An immediate appeal shall be lodged against the decision to reject the request for the failure of the failure to respect the judgment. If the decision is cancelled, the non-published party is not to be charged at the new date. (2) The rejection of an application for a decision on the situation of the files shall be unquestionable. Unofficial table of contents

Section 337 postponement of its own motion

The Court of First Instance postponed the hearing on the request for the adoption of the judgment of failure or of a decision on the situation of the files if it considers that the time limit for entry or charge determined by the chairman is too short or that the time limit for the application of the decision is not Party without its fault at the appearance is prevented. The non-published party is to be charged at the new date. Unofficial table of contents

§ 338 objection

The party against which a judgment of failure has been issued is against the verdict of the opposition. Unofficial table of contents

Section 339 opposition period

(1) The opposition period is two weeks; it is an emergency period and begins with the delivery of the failure judgment. (2) If delivery is to be effected abroad or by public notice, the court has the right to appeal in the To determine the failure to act or to subsequently decide on a specific decision. Unofficial table of contents

Section 340 Notice of opposition

(1) The objection shall be filed by the filing of the notice of opposition in the trial court. (2) The notice of opposition must contain:

1.

the name of the judgment against which the objection is addressed;

2.

the statement that an appeal against this judgment is lodged.

If the judgment is to be appealed only in part, the scope of the dispute must be described. (3) In the notice of opposition, the party has its own means of attack and defence, insofar as it is careful and has to be promoted after the process of a careful and The procedure is in line with the procedure and the complaints concerning the admissibility of the action are to be brought forward. On request, the chairman may extend the time limit for the reasons if, according to his free conviction, the lawsuit is not delayed by the extension or if the party presents significant reasons. Section 296 (1), (3) and (4) shall apply accordingly. The consequences of a deadline for failure to notify the failure is to be noted in the notification of the failure of the judgment. Unofficial table of contents

Section 340a Delivery of the notice of opposition

The notice of opposition shall be sent to the counterparty. In this case, it shall be communicated when the failure judgment has been delivered and an objection has been lodged. The required number of copies shall be submitted by the party with the notice of opposition. This shall not apply if the notice of opposition is transmitted as an electronic document. Unofficial table of contents

Section 341 Opposition examination

(1) The Court of First Instance has to examine, on its own account, whether the objection to itself is admissible and whether it has been filed in the legal form and time limit. In the absence of any of these requirements, the objection shall be deemed to be inadmissible. (2) The judgment may be delivered without oral proceedings. Unofficial table of contents

§ 341a Einspruchstermin

If the opposition is not rejected as inadmissible, the date of the oral proceedings on the opposition and the main cause shall be determined and shall be made known to the parties. Unofficial table of contents

Section 342 Impact of the admissible opposition

If the opposition is admissible, the trial shall be returned to the situation in which it was before the failure of the failure to appeal. Unofficial table of contents

Section 343 Decision after objection

In so far as the decision to be adopted on the basis of the new hearing is in accordance with the decision contained in the judgment, it is to be stated that this decision is to be maintained. To the extent that this is not the case, the judgment in default will be lifted in the new judgment. Unofficial table of contents

§ 344 Costs of failure

If the judgment of failure has been passed in a legal manner, the costs incurred as a result of the failure shall, in so far as they have not been caused by an unfounded opposition by the opponent, be repaid to the defaulting party even if, as a result of the failure to of the opposition shall be subject to an amending decision. Unofficial table of contents

Section 345 Second judgment of the failure

A party which has appealed but which does not appear in the meeting held for oral proceedings or in the sitting to which the hearing is adorted, or which does not deal with the main cause, shall stand against the Failure to make an objection, a further objection is not to be made. Unofficial table of contents

Section 346 waiver and withdrawal of the opposition

The waiver of the opposition and its withdrawal shall be subject to the provisions on the renunciation of the appeal and of its withdrawal accordingly. Unofficial table of contents

Section 347 Procedure in the case of a counterclaim and an interim dispute

(1) The provisions of this Title shall apply in respect of the proceedings which have the object of a counterclaim or the determination of the amount of a claim which has already been established. (2) An appointment was only for the negotiation of , the failure to act and the judgment in default shall be limited to the execution of that dispute. The provisions of this Title shall apply accordingly.

Title 4
Procedure before the single judge

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§ 348 Original single judge

(1) The civil chamber shall decide by one of its members as a single judge. This shall not apply if:

1.

the Member Judge is on a sample and has not yet been subject to judicial duties in civil litigation over a period of one year, or

2.

the jurisdiction of the Board is justified in accordance with the General Court's business distribution plan on the basis of the assignment of the dispute to the following subjects:

a)

Disputes over claims arising from publications by printed products, image and sound carriers of any kind, in particular in the press, radio, film and television;

b)

Disputes arising from banking and financial operations;

c)

disputes arising from contracts of construction and architects, as well as from engineering contracts, in so far as they are related to construction services;

d)

Disputes arising from the professional activities of lawyers, patent attorneys, notaries, tax advisors, tax agents, accountants and sworn accountants;

e)

Disputes over claims arising from medical treatment;

f)

disputes arising from commercial matters within the meaning of Section 95 of the Law of the Court of Justice;

g)

Disputes relating to claims arising from cargo, freight forwarding and warehousing;

h)

Disputes arising from insurance contracts;

i)

Disputes arising from the fields of copyright and publishing rights;

j)

disputes arising in the fields of communications and information technology;

k)

Disputes which are assigned to the district court without regard to the dispute.

(2) In the case of doubt as to the existence of the conditions set out in paragraph 1, the Board shall take a decision by means of an indisputable decision. (3) The individual judge shall submit the case of the civil chamber to the decision on a takeover if:

1.

the object has particular difficulties of an actual or legal nature,

2.

the case is of fundamental importance, or

3.

the parties so agree to do so.

The board shall take over the litigation if the conditions set out in the first sentence of 1 or 2 are fulfilled. It shall decide on this by decision. A transfer to the individual judge is excluded. (4) A legal remedy cannot be based on a given or omitted submission or transfer. Unofficial table of contents

Section 348a Mandatory single judge

(1) If an original single-judge jurisdiction is not established pursuant to section 348 (1), the civil chamber shall transmit the matter by decision of one of its members as a single judge for the decision if:

1.

the object has no particular difficulties of an actual or legal nature,

2.

the case has no fundamental meaning, and

3.

has not already been the main proceedings before the Civil Chamber, unless a reservation, partial or interim judgment has been issued in the meantime.

(2) The individual judge shall submit the case-law of the civil chamber to the decision on a takeover, if:

1.

the fact that a substantial change in the process situation has resulted in particular real or legal difficulties in the case or the fundamental importance of the case, or

2.

the parties so agree to do so.

The board shall take over the litigation if the conditions set out in the first sentence of the first sentence of paragraph 1 are fulfilled. It shall take a decision on this after hearing the parties by decision. A new transfer to the individual judge is excluded. (3) A legal remedy cannot be based on a transfer, presentation or transfer which has occurred or is not being transferred. Unofficial table of contents

Section 349 Chairman of the Chamber of Commercial Matters

(1) In the Chamber of Commercial Matters, the Chairman shall promote the case to such an extent that it can be dealt with at an oral hearing before the Chamber. He may only collect evidence in so far as it is to be assumed that it is not important for the survey to be carried out on the special subject-matter of the honorary judges and that the board also has no immediate impression of the outcome of the proceedings. (2) The Chairman shall decide whether or not to give evidence. (2)

1.

on the denial of the dispute;

2.

Complaints concerning the admissibility of the action, insofar as they are negotiated separately;

3.

on the suspension of the procedure;

4.

in the event of withdrawal of the action, waiving of the claim or the recognition of the claim;

5.

in the case of a party or both parties ' abitions;

6.

on the cost of litigation in accordance with § 91a;

7.

in the procedure for the granting of legal aid;

8.

in change and cheque processes;

9.

on the type of security provided;

10.

on the cessation of the enforcement of enforcement;

11.

on the value of the dispute;

12.

costs, fees and expenses.

(3) In the agreement of the parties, the Chairman may also decide in lieu of the Board. (4) § § 348 and 348a are not applicable. Unofficial table of contents

Section 350 Legal remedies

In order to challenge the decisions of the individual judge (§ § 348, 348a) and the chairman of the Chamber of Commercial Matters (§ 349), the same regulations apply as for the challenge of corresponding decisions of the chamber. Unofficial table of contents

§ § 351 to 354 (omitted)

Title 5
General provisions on the taking of evidence

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Section 355 Immediacy of the taking of evidence

(1) The taking of evidence shall be carried out before the trial court. It is only in the cases determined by this law to be transferred to a member of the court of proceedings or to another court. (2) A challenge to the decision by which the one or the other type of evidence is arranged shall be found not instead. Unofficial table of contents

Section 356-Time of delivery

Where acceptance of the evidence is contrary to an indefinite duration, a decision must be taken to determine a period after which the evidence can only be used without fruitless expiry if, in accordance with the free conviction of the Court of First Instance, the Court of First Instance has not held that evidence, Procedure is not delayed. Unofficial table of contents

Section 357 Party public opinion

(1) The parties are allowed to attend the taking of evidence. (2) If the taking of evidence is transferred to a member of the court of proceedings or to another court, the appointment shall be communicated to the parties without any special form, unless the court orders the service. In the event of a transfer by post, the notice shall be deemed to have been effected by the party in the area of the place of the local order, otherwise on the second working day after the task of the post, if the party does not make a credible statement, that the communication has not been received or received at a later date. Unofficial table of contents

§ 357a

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§ 358 Need for evidence

Where the taking of evidence requires a special procedure, it shall be ordered by decision of evidence. Unofficial table of contents

Section 358a Evidence of evidence and taking of evidence before oral proceedings

The Court of First Instance may issue a decision before the oral proceedings. The decision may be taken before the oral proceedings, as far as it is arranged

1.

taking of evidence before the envoy or requested judge,

2.

the collection of official information;

3.

a written answer to the question of evidence in accordance with section 377 (3),

4.

the evaluation by experts,

5.

the taking of an eye-sight.

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§ 359 Content of the evidence decision

The evidence decision shall include:

1.

the name of the facts on which the proof is to be established;

2.

the designation of the evidence in the name of the witnesses and experts to be heard or the party to be heard;

3.

the name of the party that has invoked the evidence.

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Section 360 Amendment of the evidence decision

Prior to the execution of the evidence, no party may request the amendment to be amended on the basis of the previous negotiations. However, at the request of either party or on its own motion, the Court of First Instance may, on the grounds of its decision, amend it, even without further oral proceedings, in so far as the opponent agrees or it is only concerned with the correction or supplementation of the decision of the decision of the party Cases of evidence or the hearing of witnesses or experts other than those indicated in the decision. The representative or requested judge shall have the same power. The parties must be heard in advance and, in any event, to be notified of the change without delay. Unofficial table of contents

Section 361 Evidence of evidence by authorized judges

(1) If the taking of evidence by a member of the court of proceedings is to take place, the appointment of the evidence is indicated by the chairman of the appointed judge and the date of the taking of evidence is determined. (2) If the appointment is not made, it shall be carried out by the responsible judge, if he is prevented from completing the contract, the chairman shall appoint another member. Unofficial table of contents

Section 362 Evidence of evidence by requested judges

(1) If the taking of evidence is to be carried out by another court, the letter of inquiry shall be issued by the chairman. (2) The proceedings relating to the taking of evidence shall be forwarded by the requested judge to the office of the Process court in Urschrift; the office notifies the parties of the entrance. Unofficial table of contents

§ 363 Taking of evidence abroad

(1) If the taking of evidence is to be carried out abroad, the chairman shall request the competent authority to accept the evidence. (2) If the taking of evidence can be carried out by a federal consul, the request shall be addressed to the latter. (3) The The provisions of Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters shall remain unaffected. § § 1072 and 1073 apply to the implementation. Unofficial table of contents

Section 364 Party participation in the taking of evidence abroad

(1) If a foreign authority is requested to accept the evidence, the court may order that the evidence leader must obtain the letter of inquiry and carry out the execution of the request. (2) The court may refer to the order (3) In both cases, a time limit must be determined in the evidence decision, within which the evidence is to be determined by the evidence leader. the document is to be deposited at the office of the office. After a fruitless expiry of this period, the document can only be used if this does not delay the proceedings. (4) The evidence leader has to inform the opponent, if possible, of the place and time of the taking of evidence at such a time that that he is capable of exercising his rights in an appropriate manner. If the notification has not been notified, the court has to determine whether and to what extent the evidence leader is entitled to use the evidence. Unofficial table of contents

§ 365 levy by envoy or requested judge

The designated or requested judge shall be empowered, if later, to give reasons for the taking of evidence by another court, to ask that court to include the evidence. The parties shall be informed of this decision. Unofficial table of contents

Section 366 Intermediate dispute

(1) In the case of the taking of evidence before a commissioned or requested judge, a dispute, from the execution of which the continuation of the taking of evidence is dependent on and on whose decision the judge is not entitled, the execution shall be carried out by the court of proceedings. (2) The date of the oral proceedings on the interim dispute shall be determined by its own motion and shall be made known to the parties. Unofficial table of contents

Section 367 Failure of the Party

(1) In the event that a party appears or both parties do not appear in the date for taking evidence, the taking of evidence shall nevertheless be effected in so far as this can be done according to the situation of the case. (2) A subsequent taking of evidence or a Completion of the taking of evidence shall be ordered on request until the end of the oral proceedings on which the judgment is delivered if the proceedings are not thereby delayed or if the party proves to be credible that it is not indebtedness has been unable to appear in the earlier date and, in the case of the application, To complete the fact that their failure to appear causes a substantial incompleteness of the taking of evidence. Unofficial table of contents

§ 368 New Date of Beweistermin

If a new date is required to take evidence or to continue, this date shall, even if the evidence leader or both parties have not appeared in the earlier date, be determined by the Office. Unofficial table of contents

Section 369 Foreign Evidence

If the taking of evidence by a foreign authority corresponds to the laws applicable to the court of proceedings, it cannot be taken from the fact that it is defective in accordance with the foreign laws. Unofficial table of contents

Section 370 Continuation of oral proceedings

(1) In the case of the taking of evidence before the trial court, the date in which the taking of evidence takes place is at the same time determined for the continuation of the oral proceedings. (2) In the order of evidence, which orders that the taking of evidence before a If a judge is to be appointed or requested, the date for the continuation of the oral proceedings before the trial court can be determined. If this is not done, it shall be determined by its own motion and made known to the parties at the end of the taking of evidence.

Title 6
Proof by eye view

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§ 371 Proof by eye view

(1) The proof by sight shall be given by the name of the object of the eye and by indicating the facts to be evidened. If an electronic document is the subject of proof, proof shall be given by the presentation or transmission of the file. (2) If the subject-matter is not in his possession according to the evidence of the evidence, the proof shall also be: by the application, to set a time limit for the creation of the object or to issue an order pursuant to section 144. § § 422 to 432 shall apply accordingly. (3) In the event of a party taking the reasonable assumption of the sight, the claims of the opponent about the nature of the object may be considered as proven. Unofficial table of contents

Section 371a The validity of electronic documents

(1) In the case of private electronic documents furnished with a qualified electronic signature, the provisions relating to the validity of private documents shall be applied in accordance with the provisions of this Directive. The appearance of the authenticity of a declaration in electronic form resulting from the verification under the Signature Act can only be shattered by facts which give rise to serious doubts as to the fact that the declaration of (2) If a natural person has registered with a De-Mail account assigned to her alone (Section 4 (1) sentence 2 of the De-Mail-Law), he can be sent for a De-Mail-Account. electronic message of the appearance of authenticity, arising from the review of the In accordance with § 5 (5) of the De-Mail-Law, the sending of the message is only shaken by facts which give rise to serious doubts as to the fact that the message was sent by that person with this content. (3) have been drawn up by a public authority within the limits of their powers, or by a person provided with public faith, within the business district assigned to it, in the prescribed form (public electronic documents), the rules on the probation of public Documents corresponding to the application. If the document is accompanied by a qualified electronic signature by the issuing public authority or by the person with a public faith, Section 437 shall apply mutagenic to the document. The same shall apply where the document on behalf of the issuing public authority or the person provided with public faith by an accredited service provider with its qualified electronic signature in accordance with Article 5 (5) of the De-Mail-Law and the sender's confirmation is issued by the issuing public authority or the person with public faith as the user of the De-Mail account. Unofficial table of contents

Section 371b Evidence of the probation of scanned public documents

Where a public document in accordance with the state of the art is transferred from a public authority or from a public-faith person to an electronic document, the electronic document shall be accompanied by the confirmation that the electronic document shall be accompanied by: the original text is identical in terms of content, the electronic document shall apply to the provisions relating to the validity of public documents in accordance with the provisions of the Directive. If the document and the confirmation are provided with a qualified electronic signature, § 437 shall apply accordingly. Unofficial table of contents

§ 372 Taking of evidence

(1) The trial court may order that one or more experts may be assigned when taking the eye bill. (2) A member of the court of proceedings or another court may transfer the receipt of the eye-appearance, including the the appointment of the experts to be granted. Unofficial table of contents

Section 372a Investigations on the determination of ancestry

(1) Insofar as it is necessary for the determination of descent, each person shall tolerate examinations, in particular the removal of blood samples, unless the examination cannot be attributed to the person to be examined. (2) § § 386 bis 390 shall apply accordingly. In the case of repeated unauthorized denial of the investigation, direct coercion can also be applied, in particular the forcibly screening for the examination.

Title 7
Witness evidence

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Section 373 Evidence of evidence

The evidence of evidence shall be given by the name of the witnesses and the name of the facts on which the testimony of the witnesses is to be held. Unofficial table of contents

§ 374

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§ 375 Taking of evidence by envoy or requested judge

(1) The inclusion of the witness proof may only be transferred to a member of the court of proceedings or to another court if it is to be assumed from the outset that the trial court also has no direct impression of the outcome of the evidence of the taking of evidence properly, and

1.

if, in order to determine the truth, the testimony of the witness appears in the place and place of the witness or, according to the law of the witness, it is not to be heard at the place of the court, but in another place;

2.

if the witness is prevented from appearing before the trial court and a witness hearing in accordance with Section 128a (2) does not take place;

3.

if the witness cannot be attributed the appearance before the trial court due to a large distance, taking into account the meaning of his testimony, and a witness testimony according to § 128a (2) does not take place.

(1a) A member of the court of proceedings may also be transferred to the court of proceedings if it appears to be appropriate to simplify the proceedings before the court of proceedings and if it is to be assumed from the outset that the (2) The Federal President is to be heard in his apartment. (2) The Federal President is to be heard in his apartment. Unofficial table of contents

Section 376 questioning in the event of secrecy

(1) For the hearing of judges, civil servants and other persons in the civil service as witnesses on the circumstances to which their duty of secrecy relates, and for the approval of the statement, the special civil service law shall apply. Regulations. (2) For the members of the Bundestag, of a Land parliament, of the federal or state government, as well as for the employees of a parliamentary group or of a Land parliament, the special provisions governing them apply. (3) One Approval in the cases referred to in paragraphs 1, 2 shall be obtained by the process court (4) The President of the Federal Republic of Germany may refuse the certificate if the decommissioning of the Certificate would cause disadvantages to the good of the Federation or of a German country. (5) These provisions shall also apply if the above-mentioned provisions apply. Persons who are no longer in the public service or employee of a political group or who have completed their mandates, in so far as they are facts which have occurred during their service, employment or term of office, or during their The period of service, employment or term of office has been brought to the attention of the Member States. Unofficial table of contents

§ 377 Witness of Witness

(1) The charge of the witnesses shall be prepared by the office of office by reference to the warrant and shall be communicated by the office of its own motion. It shall be sent informally, unless the court orders the delivery. (2) The cargo shall contain:

1.

the name of the parties;

2.

the object of the hearing;

3.

the instruction to appear in the time-and place-to-date appointment of the certificate in order to avoid the order of order threatened by the law.

(3) The court may order a written answer to the question of evidence if it considers this to be sufficient with regard to the content of the question of evidence and the person of the witness. The witness is to point out that he can be summoned for questioning. The court orders the witness's summons if it considers this to be necessary for further clarification of the question of evidence. Unofficial table of contents

Section 378 Informative documents

(1) In so far as it makes it easier for the testimony of his perceptions, the witness shall see records and other documents and bring them to the date when this is permitted and reasonable. § § 142 and 429 remain unaffected. (2) If the witness does not comply with a particular order of the court of the obligation referred to in paragraph 1, the court may take the measures referred to in § 390; the witness must be pointed out in advance hereof. Unofficial table of contents

Section 379 Outsourcing

The court may make the charge of the witness subject to the evidence that the evidence leader pays a sufficient advance to cover the costs which the treasury's treasury is raised by the testimonent of the witness. If the advance is not paid within the specified time limit, the summons shall not be paid if the payment is not made so early that the hearing can be carried out without, in accordance with the free conviction of the Court of First Instance, the Procedure is delayed. Unofficial table of contents

§ 380 consequences of the failure of the witness

(1) A duly loaded witness who does not appear shall be subject to the costs caused by the absence, without the need for an application. At the same time, a law of order shall be fixed against him and, in the event that it cannot be recovered, the order shall be fixed. (2) In the event of repeated leadings, the order means shall be fixed again; the forcible performance may also be required. of the witness. (3) The immediate appeal against these decisions shall be taken. Unofficial table of contents

§ 381 Genesome apology of the leftit

(1) The imposition of the costs and the setting of a regulatory agent shall not be laid down if the failure of the witness is to be excused in good time. If the apology after the first sentence is not made in good time, the imposition of the costs and the setting of an order of order shall only be made if it is credibly made that the witness is not responsible for the delay of the apology meets. If the satisfactory apology or the credibility is retrospected, the measures taken shall be repealed under the conditions set out in sentence 2. (2) The witnesses ' advertisements and requests may be made in writing or in the minutes of the office or orally in the new appointment, which is intended for questioning. Unofficial table of contents

§ 382 questioning in certain places

(1) The members of the federal government or of a state government are to be heard at their place of residence or, if they reside outside their place of office, at their place of residence. (2) The members of the Bundestag, the Federal Council, a Landtag or a second chamber shall be heard during their stay at the seat of the Assembly. (3) There is a need for a derogation from the above rules:

for the members of the Federal Government of the approval of the Federal Government, for the members of a provincial government of the approval of the provincial government, for the members of one of the assemblies referred to in paragraph 2 of the approval of this Assembly.

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Section 383 Denial of testimony for personal reasons

(1) The following shall be entitled to refuse the certificate:

1.

the fiancée of a party or the person with whom the party has made a promise to establish a life partnership;

2.

the spouse of a party, even if the marriage no longer exists;

2a.

the life partner of a party, even if the life partnership no longer exists;

3.

those who are in a straight line with one party, or are not, in the sidelines, related to the third degree, or are, or have been, until the second degree, or were;

4.

Spiritual in the sight of the person entrusted to them in the exercise of pastoral care;

5.

Persons who have participated in or participated in the preparation, production or distribution of periodic printing works or radio broadcasts on the person of the author, consignor or guarantor of contributions and documents. and of the communications made to them with regard to their activities, in so far as they are contributions, documents and communications for the editorial part;

6.

Persons who are entrusted with the power of their office, state or trade, whose secrecy is required by their nature or by law, in the subject of the facts to which the obligation to secrecy is .

(2) The persons referred to in points 1 to 3 shall be held before the hearing of their right to refuse the certificate. (3) The testimony of the persons referred to in points 4 to 6 shall, even if the certificate is not refused, be referred to: Facts not to be addressed, in view of which it is clear that a testimony cannot be filed without any violation of the obligation to secrecy. Unofficial table of contents

§ 384 Refusal of testimony for objective reasons

The certificate may be refused:

1.

matters which would cause direct property damage to the witness or to a person to whom he is in any of the conditions laid down in section 383 (1) to (3);

2.

on questions whose answer to the witness or one of his relatives referred to in Article 383 (1) to (3) would be for the purpose of being persecuted or liable to be persecuted for a criminal offence or of an offence of regularity;

3.

on questions that the witness would not be able to answer without revealing an art or trade secret.

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Section 385 Exceptions to the right to refuse to tesp

(1) In the cases of § 383 No. 1 to 3 and § 384 no. 1, the witness shall not refuse the certificate:

1.

on the establishment and content of a legal transaction, when it was established as a witness;

2.

Births, marriages or deaths of family members;

3.

facts relating to property matters arising from the family relationship;

4.

of the acts relating to the legal relationship in dispute, which shall be carried out by him himself as a provenant or a representative of a party.

(2) The persons referred to in § 383 Nos. 4, 6 shall not refuse the certificate if they are released from the obligation to secrecy. Unofficial table of contents

Section 386 Declaration of refusal of testimony

(1) The witness who refuses the certificate shall, before the date of his hearing, indicate in writing or to the minutes of the office of the office or in that date the facts on which he establishes the refusal to be given and credibly made. (2) In the cases of § 383 No. 4, 6, the credibility of the credibility is sufficient. (3) If the witness has declared his refusal in writing or on the record of the office, he is not is obliged to appear in the date specified for his hearing. (4) From the receipt of a Declaration of the witness or the inclusion of such a witness to the Protocol shall notify the office of the parties. Unofficial table of contents

Section 387 Intermediate dispute over denial of testimony

(1) The lawfulness of the refusal shall be decided by the court after hearing the parties. (2) The witness shall not be obliged to be represented by a lawyer. (3) An immediate appeal shall be made against the interim judgment. Unofficial table of contents

Section 388 Intermediate dispute over written denial of testimony

If the witness has declared his refusal in writing or to the minutes of the office and if he has not appeared on the date, a member of the proceedings court shall report on the basis of his statements. Unofficial table of contents

Section 389 Denial of testimony before the appointed or requested judge

(1) If the refusal is made before a designated or requested judge, the statements of the witness, if they are not made in writing or to the minutes of the office, together with the statements of the parties to the minutes, shall be included in the minutes. (2) For oral proceedings before the trial court, the witness and the parties will be summoned by officals. (3) On the basis of the statements made by the witness and the parties, a member of the court has to report. Following the presentation by the rapporteur, the witness and the parties may take the floor in order to justify their requests; new facts or evidence may not be invoked. Unofficial table of contents

§ 390 Consequences of denial of testimony

(1) If the certificate or the oath of the oath is refused without giving a reason or from a legally valid reason for immaterial reason, the witness shall be subject to the costs caused by the refusal, without the need for an application. In the event of a repeated refusal, in the event of a repeated refusal, the detention shall be ordered upon request for the enforcement of the testimony, but not on the basis of the following: Time of termination of the process in the legal train. The provisions on detention in the enforcement procedure shall apply. (3) The immediate appeal against the decisions shall be taken. Unofficial table of contents

§ 391 Witness of witness

A witness shall be insult, subject to the exceptions arising from § 393, if the court considers this to be necessary with regard to the meaning of the statement or to bring a truthful statement to the court and the parties to the Do not waive the insult. Unofficial table of contents

§ 392 Eid; Eidesnorm

The funeral will take place after the hearing. Several witnesses can be sworn in at the same time. The oath norm goes to the fact that the witness, to the best of his knowledge, said the pure truth and did not conceal anything. Unofficial table of contents

§ 393 Uneible interrogation

Persons who at the time of questioning the 16. Not yet completed or due to a lack of maturity or lack of understanding of the nature and the meaning of the oath do not have a sufficient idea, are to be heard uneiach. Unofficial table of contents

Section 394 Individual interrogation

(1) Each witness is to be heard individually and in the absence of the witnesses to be heard later. (2) witnesses whose statements contradict each other may be confronted with each other. Unofficial table of contents

§ 395 Truth warning; questioning of the person

(1) Before the testimony, the witness is admonished to the truth and pointed out that in the cases provided by the law he may have to obedience his testimony. (2) The testimony begins by the fact that the witness over first names and surnames, Age, trade and place of residence is interviewed. Where necessary, he shall be required to submit questions relating to such circumstances as to its credibility in the present case, in particular through its relations with the parties. Unofficial table of contents

§ 396 questioning of the cause

(1) The witness must be made aware of what is known to him by the object of his testimony. (2) To clarify and to complete the statement and to study the reason on which the science of the If necessary, further questions should be asked if necessary. (3) The Chairman shall allow any member of the Court of First Instance on request to ask questions. Unofficial table of contents

Section 397 Fraequitable of the parties

(1) The parties shall be entitled to submit to the witness those questions which they consider to be useful in order to clarify the matter or the circumstances of the witness. (2) The Chairman may allow the parties and shall have their lawyers on the (3) doubts about the admissibility of a question shall be decided by the Court of First Instance. Unofficial table of contents

§ 398 Repeated and subsequent questioning

(1) The trial court may, at its discretion, order the repeated questioning of a witness. (2) If a judge or judge has refused the position of a party excited by a party, the court of proceedings may have the right to (3) In the case of repeated or subsequent questioning, the judge may, instead of repudiating the witness, make the witness of the accuracy of his testimony on the basis of the earlier testimony. to the Eid provided. Unofficial table of contents

§ 399 Renunciation Of Witnesses

The party may dispense with a witness it has proposed; however, the opponent may demand that the witness be heard and, if the testimony has already begun, that it will continue. Unofficial table of contents

Section 400 Powers of the judge entrusted with the taking of evidence

The judge in charge of the taking of evidence is authorized, in the case of non-appearance or denial of testimony, to take the legal provisions, including, where this is admissible at all, even after completion of the order. , to decide on the admissibility of a question submitted to the witness and to carry out the repeated questioning of a witness. Unofficial table of contents

Section 401 Witness of the testimony

The witness will be compensated in accordance with the Justice Compensation and Compensation Act.

Title 8
Evidence by experts

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§ 402 Applicability of the rules for witnesses

In the case of evidence by experts, the provisions on the evidence by witnesses shall apply accordingly, in so far as provisions differing from those in the following paragraphs are not included. Unofficial table of contents

§ 403 Evidence of evidence

The proof is given by the name of the points to be reviewed. Unofficial table of contents

§ 404 Selection of experts

(1) The selection of the experts to be assigned and the determination of their number shall be carried out by the process court. It may be limited to the appointment of a single expert. In place of the experts appointed first, it may appoint others. (2) Where certain types of expert opinion are subject to public order, other persons should be elected only if special circumstances require it. (3) The Court of First Instance may invite the parties to designate persons who are capable of being heard as experts. (4) The parties to certain persons, acting as experts, shall comply with this agreement; the tribunal may: however, the choice of the parties is limited to a certain number. Unofficial table of contents

Section 404a Management of the expert's activities

(1) The Court of First Instance shall conduct the work of the expert and may give instructions to him on the nature and scope of his duties. (2) In so far as it requires the specificity of the case, the court shall inform the expert before the issue of the question of evidence (3) In the event of a dispute, the Court of First Instance determines the facts of the expert's assessment. (4) As far as is necessary, the Court of First Instance shall determine the facts of the case. (4) Court of law on the extent to which the expert has the power to investigate the issue of evidence. is the extent to which it may communicate with the parties and when it has to allow them to take part in its investigations. (5) The parties shall be informed of instructions to the experts. If a specific date for the referral of the expert is held, the parties shall be allowed to participate. Unofficial table of contents

§ 405 Selection by the judge entrusted with the taking of evidence

The trial court may authorise the judge responsible for the taking of evidence to appoint the experts. In this case, he shall have the powers and duties of the court of proceedings in accordance with § § 404, 404a. Unofficial table of contents

Section 406 Rejection of an expert

(1) An expert may be refused for the same reasons justifiable for the refusal of a judge. However, a reason for refusal cannot be taken from the fact that the expert has been heard as a witness. (2) The request for rejection shall be submitted to the court or judge by which the expert is appointed before his/her hearing, however, no later than two weeks after the date of delivery or notification of the decision on appointment. At a later date, the refusal shall be admissible only if the applicant makes it credible that he was prevented from claiming the grounds of refusal earlier without his or her fault. The application may be declared before the office of the office. (3) The reason for rejection shall be made credible; the party shall not be allowed to take out insurance on the oath. (4) The decision shall be taken from the second paragraph of the (5) No appeal shall be made against the decision declaring the refusal to be justified, and the decision declaring it unfounded shall be subject to an immediate appeal. Unofficial table of contents

Section 407 obligation to repay the opinion

(1) The person appointed to the expert shall comply with the appointment if he is publicly appointed for the reimbursement of the opinions of the type required, or if he is aware of the science, the art or the profession, the knowledge of which is required by the (2) In order to obtain a refund of the opinion, the person who has declared himself prepared to do so shall also be obliged to obtain the opinion. Unofficial table of contents

Section 407a Further duties of the expert

(1) The expert shall immediately check whether the order falls within his/her field of expertise and can be carried out without the need for further experts to be taken. If this is not the case, the expert has to inform the court immediately. (2) The expert is not authorized to transfer the order to another. To the extent that he makes use of the cooperation of another person, he must make this known and indicate the extent of his activity, if it is not ancillary services of minor importance. (3) Has the expert cast doubt on the content of the work. and the scope of the order, he shall immediately bring about a clarification by the court. If costs are likely to be incurred, which are discernable in relation to the value of the object of the dispute, or which exceed a requested cost advance, the expert has to draw attention to this in good time. (4) The expert has , at the request of the Court of First Instance, immediately issue or communicate the files and other documents accompanying the evaluation, as well as the results of the investigation. If he does not comply with this duty, the court orders the publication. (5) The court shall draw the attention of the expert to his duties. Unofficial table of contents

Section 408 Denial of reviewers

(1) The same reasons that entitle a witness to refuse the certificate shall entitle an expert to refuse the opinion. The Court of First Instance may also, for other reasons, release an expert from the obligation to repay the opinion. (2) For the hearing of a judge, officials or any other person in the public service as experts the specific rules on civil servants ' legislation. The members of the federal or state government shall be subject to the special provisions applicable to them. (3) Those who have participated in a judicial decision shall not be considered as having questions which have formed the subject of the decision as Experts will be heard. Unofficial table of contents

§ 409 Consequences of non-compliance or denial of revaluation

(1) If an expert does not appear or refuses to provide an opinion, although he is obliged to do so, or if he retains files or other documents, he shall be charged with the costs incurred. At the same time, a monetary order is fixed against him. In the event of repeated disobediation, the order fee may be fixed once more. (2) An immediate appeal against the decision shall be taken. Unofficial table of contents

Section 410 Expert funeral

(1) The expert shall be sworn in before or after reimbursement of the opinion. The Eidesnorm is based on the fact that the expert will reimburse or reimburse the expert opinion required by him impartially and to the best of his knowledge and conscience. (2) Is the expert responsible for the reimbursement of the opinions of the species concerned in the In general, it is sufficient to appeal to the oath provided; it may also be explained in a written opinion. Unofficial table of contents

Section 411 Written opinion

(1) If a written assessment is ordered, the court shall set a time limit within which it must submit the opinion he has signed. (2) If the expert opinion is to be reimbursed for the purpose of reimbursement of the opinion, the court shall not be required to submit an opinion to the expert. An expert shall be able to fix the time limit against him or her. The order fee has to be threatened beforehand with a grace period. In the event of a repeated failure of time, the order fee may be fixed again in the same way. (3) The Court of First Instance may order the expert's appearance in order to explain the written opinion. (4) The parties have, within a reasonable period of time, submitted to the Court of First Instance their objections to the Opinion, the applications and supplementary questions relating to the evaluation of the written opinion. The court may set a time limit for this purpose; § 296 (1), (4) shall apply accordingly. Unofficial table of contents

Section 411a Recovery of expert opinions from other procedures

The written evaluation may be replaced by the exploitation of an expert opinion obtained from a court or state attorney from another procedure. Unofficial table of contents

§ 412 New Opinion

(1) The court may order a new review by the same or by other experts if it considers the opinion to be insufficient. (2) The court may order the review by another expert if an expert opinion is not considered to be Expert after reimbursement of the expert opinion has been rejected with success. Unofficial table of contents

Section 413 Expert remuneration

The expert receives remuneration in accordance with the law on the remuneration and compensation of justice. Unofficial table of contents

Section 414 Experts witnesses

In so far as the evidence of past facts or conditions which require a particular subject to be heard, knowledgeable persons are to be heard, the provisions on the evidence of evidence shall apply.

Title 9
Proof by documents

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Section 415 Judgment of public documents on declarations

(1) documents included in the prescribed form by a public authority within the limits of its powers, or by a person provided with public faith, within the business circle assigned to it (public documents), if they are established by means of a declaration issued before the Authority or the Urkundsperson, justify the full proof of the progress made by the Authority or the Urkundsperson. (2) The evidence that the operation is incorrect has been assessed, is admissible. Unofficial table of contents

§ 416 Evidence of the probity of private customers

Private customers, provided that they are signed by the exhibitors or signed by means of a notarized trade mark, provide full proof that the statements contained in them are made by the exhibitors. Unofficial table of contents

§ 416a The expression of the expression of a public electronic document

The expression of a public electronic document, as referred to in Article 371a (3), issued by a public authority, within the limits of its powers, or a person with public faith, within the limits of its powers. of the business district assigned to it in the prescribed form, as well as the expression of a court electronic document containing a note from the competent court in accordance with Section 298 (2), shall be subject to a public document in a certified copy of the copy. Unofficial table of contents

§ 417 Enforcement of public documents by means of official order, disposition or decision

The public documents issued by a public authority, an official order, a decision or a decision shall give full proof of their content. Unofficial table of contents

§ 418 Probation of public documents with other content

(1) Public documents which have a content other than those referred to in § § 415, 417 establish full proof of the facts contained therein. (2) The proof of the incorrectness of the facts testified shall be admissible, unless the national laws (3) If the certificate is not based on the authority's own perception of the authority or the document, the provision of the first paragraph shall be applied only if the laws of the country result from the fact that the The evidentiary power of the testimony is independent of one's own perception. Unofficial table of contents

Section 419 Evidence of a lack of documents

The Court of First Instance decides on the basis of free conviction to what extent piercing, etchings, ratings, or other external defects remove or reduce the validity of a document in whole or in part. Unofficial table of contents

Section 420 laying down of evidence; taking of evidence

Proof shall be given by the presentation of the certificate. Unofficial table of contents

§ 421 Adopment by the opponent; taking of evidence

If the document is in the hands of the opponent in accordance with the evidence of the author, the proof shall be given by the application to give the opponent the presentation of the document. Unofficial table of contents

§ 422 obligation of the opponent according to civil law

The opponent shall be obliged to present the document if the evidence leader can demand the publication or the presentation of the document in accordance with the provisions of the civil law. Unofficial table of contents

Section 423 The opponent's obligation to provide a reference to the opponent

The opponent is also obliged to lay down the documents in his hands, which he referred to in the proceedings for the performance of the evidence, even if it was only done in a preparatory written document. Unofficial table of contents

Section 424 Request for consideration by opponents

The application shall contain:

1.

the name of the certificate;

2.

the designation of the facts to be proved by the document;

3.

the fullest description of the content of the document;

4.

an indication of the circumstances on which the allegation is based that the document is in the possession of the opponent;

5.

the name of the reason giving rise to the obligation to present the document. The reason for this is to be credible.

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Section 425 Order of consideration by opponents

If the court considers the fact to be proved by the document to be substantial and the request for reasons, it shall, if the adversary admites that the document is in his hands, or if the opponent is informed of the application, shall: , the presentation of the document shall not be declared. Unofficial table of contents

§ 426 The testimonial of the adversary over the whereabout

If the opponent denies that the deed is in his possession, he is to be heard about her whereaby. In the summons to the consensual date, he shall give up, after the deed of the certificate, to research carefully. In addition, the provisions of § § 449 to 454 apply accordingly. If the Court of First Instance finds that the instrument is in the possession of the opponent, it shall order the presentation. Unofficial table of contents

§ 427 Consequences of non-disclosure by opponents

If the opponent does not follow the order to present the document or if, in the case of § 426, the court finds that he has not researched carefully after the deed of the document, a copy provided by the evidence leader may be sent to the court the document is considered to be the right one. If a copy of the document is not provided, the evidence of the proof of the nature and content of the document may be deemed to be proved. Unofficial table of contents

Section 428 Procedure by third parties; taking of evidence

If the document is in the possession of a third party in accordance with the evidence of the proof of evidence, the proof shall be given by the application to determine a time limit for the acquisition of the document or to issue an order pursuant to section 142. Unofficial table of contents

§ 429 obligation to provide third parties

The third party is obliged to present a document for the same reasons as the opponent's opponent; he can only be compelled to act in the course of the action. Section 142 shall remain unaffected. Unofficial table of contents

§ 430 Request for consideration by third parties

In order to justify the application to be made in accordance with § 428, the evidence leader must comply with the requirements of § 424 Nr. 1 to 3, 5 and also make it credible that the document is in the hands of the third party. Unofficial table of contents

§ 431 Filing period on presentation by third parties

(1) If the fact that is to be proved by the document is significant and if the application complies with the provisions of the above paragraph, the court shall, by decision, determine a time limit for the consideration of the document. (2) The opponent may request the continuation of the proceedings before the expiry of the period if the action against the third party is carried out or if the evidence leader delays the collection of the action or the operation of the trial or the enforcement of the foreclosure. Unofficial table of contents

Section 432 Procedure by authorities or officials; evidence of evidence

(1) If the document is in the hands of a public authority or a public official in accordance with the evidence of the evidence, the evidence shall be submitted by the application, the authority or the official shall be required to inform the document of the document. (2) This provision shall not apply to documents which the parties are able to procure under the law without the assistance of the Court of First Instance. (3) If the Authority or the official refuses to communicate the document in question, the Cases in which an obligation to be laid down is based on § 422 shall apply Regulations of § § 428 to 431. Unofficial table of contents

§ 433

(dropped) Unofficial table of contents

Section 434 Filing before the appointed or requested judge

If a document cannot be presented at the oral proceedings on account of significant obstacles, or if it appears to be of concern to them on account of its importance and the concern of its loss or damage, the document may be submitted to the Commission. Court order that it be presented before any of its members or before any other court. Unofficial table of contents

Section 435 Filing of public documents in a single copy or certified copy

A public document may be presented in the original or in a certified copy which bears the requirements of a public document in respect of the certification; the court may, however, order that the evidence guide Make a statement or make the facts and credibly the facts that prevent him from presenting the original. If the order remains unsuccessful, the Court of First Instance shall decide on the clear conviction of the validity of the certified copy of the copy. Unofficial table of contents

Section 436 waiver of consideration

The evidence leader may, after the presentation of a document, dispense with this evidence only with the consent of the opponent. Unofficial table of contents

Section 437 Authenticity of domestic public documents

(1) documents which are constituted by a public authority or by a person provided with a public faith shall have the presumption of authenticity. (2) The court may, if it has the authenticity of the document, be entitled to , even on its own account, the authority or the person from which the document is to be established shall make a statement on the authenticity of the document. Unofficial table of contents

Section 438 Authenticity of foreign public documents

(1) In the circumstances of the case, the Court of First Instance shall, in accordance with the circumstances of the case, determine whether a document which is deemed to be constituted by a foreign authority or by a person with public faith of the country of origin shall be deemed to be genuine without any further proof of the facts. (2) In order to prove the authenticity of such a document, the legalisation is sufficient for a consul or envoy of the Federation. Unofficial table of contents

Section 439 Declaration on the authenticity of private customers

(1) The authenticity of a private customer has to be explained by the opponent of the evidence leader in accordance with the provisions of § 138. (2) If a name signature is found under the document, the declaration shall be based on the authenticity of the signature. (3) If the declaration is not made, the document shall be deemed to be recognized unless the intention to contest the authenticity of the declaration is apparent from the other statements of the party. Unofficial table of contents

§ 440 Proof of authenticity of private customers

(1) The authenticity of an unrecognized private customer must be proven. (2) If the authenticity of the name signature is fixed or if the hand sign under a document is notarized, then the signature or the hand sign shall have the authenticity of the signature or the signature. It is the presumption of authenticity for itself. Unofficial table of contents

§ 441 Comparison of documents

(1) The proof of authenticity or dishoneness of a document can also be demonstrated by comparison of documents. (2) In this case, the evidence guide has to provide appropriate documents for comparison or to submit its communication according to the rule of § 432. and, if necessary, to prove their authenticity. (3) If suitable documents are to be found in the hands of the opponent in order to compare them, it shall be obliged to submit them at the request of the evidence guide. The provisions of § § 421 to 426 shall apply accordingly. If the opponent does not follow the order to present the documents suitable for comparison, or if, in the case of § 426, the court finds that the opponent had not carefully researched after the writings were left, then the court may (4) Power of the evidence leader credibly that, in the hands of a third party, appropriate comparative documents are found, the filing of which he is capable of acting in the course of the action, the provisions of § 431 shall apply. accordingly. Unofficial table of contents

Section 442 appreciation of the comparison

The Court of First Instance has a free conviction of the outcome of the comparison of documents, if appropriate after hearing the experts. Unofficial table of contents

§ 443 Preservation of suspicious documents

Documents whose authenticity has been denied or whose content is to be altered shall be kept at the place of business up to the date of execution of the dispute, unless their extradition to another authority is in the interests of the public order is required. Unofficial table of contents

Section 444 Consequences of the removal of a certificate

If a document has been removed from a party with the intention of withdrawing its use from the opponent or rendered unfit for use, the claims of the opponent about the nature and content of the document may be deemed to be proven. .

Title 10
Proof of party interrogation

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§ 445 questioning of the opponent; taking of evidence

(1) A party which has not fully carried out the evidence which it has provided with other evidence or has not brought forward other evidence may claim that it is requesting that the opponent be informed of the facts to be proved. (2) The request shall not be taken into account when it relates to facts which the Court of First Instance deems to be the case. Unofficial table of contents

Section 446 Refusal of the opponent

If the adversary refuses to be heard, or if he does not make a statement at the request of the Court, the Court of First Instance, taking into account the whole of the facts, in particular the grounds for refusal, shall have freedom of conviction. to decide whether it wants to consider the alleged fact as proven. Unofficial table of contents

§ 447 questioning of the party on request at the request

The Court of First Instance may, on a case-by-case basis, also be able to hear the party that is liable to be bewilded if one party requests it and the other party agrees with it. Unofficial table of contents

Section 448 questioning of officings on the grounds of

Even without a party's request and without regard to the burden of proof, the Court of First Instance may, if the outcome of the negotiations and any taking of evidence is not sufficient, in order to be convinced of the truth or untruth of a person to be given To justify the fact that the questioning of a party or of both parties is about the fact. Unofficial table of contents

§ 449 interrogation of contentions

If the party to be heard consists of several consals, the court shall determine, in the circumstances of the case, whether all or only individual members of the armed forces are to be heard. Unofficial table of contents

Section 450 Evidence of evidence

(1) The hearing of a party shall be ordered by a decision of evidence. If the party is not present in person when the decision is announced, the party shall be invited to attend the hearing under the notice of the evidence of its own motion. The cargo is to be communicated to the party itself, even if it has appointed a process representative; the delivery does not require the cargo. (2) The execution of the decision may be suspended if, after its adoption, the order to be referred to The fact is that new evidence is being put forward. After the new evidence has been raised, the party's hearing must be dismissed if the court considers the question of evidence to be resolved. Unofficial table of contents

Section 451 Execution of the hearing

The provisions of § § 375, 376, 395 para. 1, para. 2 sentence 1 and § § 396, 397, 398 shall apply accordingly for the hearing of a party. Unofficial table of contents

Section 452 The party's insult

(1) In order to convince the court of the truth or untruth of the fact to be instigated, the result of the unsworn testimony of a party may order that the party have to insult its testimony. If both parties were heard, the insult to the testimony of the same facts can only be demanded by one party. (2) The norm of the Eidesnorm is that the party, to the best of its knowledge, said the pure truth and did not conceal anything. (3) The opponent can waive the insult. (4) The insult to a party that is legally convicted for a knowingly violation of the oath is inadmissible. Unofficial table of contents

§ 453 Party testimonial evidence

(1) The court has the right to pay tribute to the party's statement in accordance with § 286. (2) If the party denies the statement or the oath, § 446 shall apply accordingly. Unofficial table of contents

Section 454 The Party's failure

(1) If the Party remains in the date specified for its interrogation or insult, the General Court shall decide, taking into account all circumstances, in particular also any reasons given by the Party for its failure to do so, to the extent that: Discretion as to whether the statement should be deemed to be denied. (2) If the date for the party's questioning or insult was determined before the court of proceedings, then in the event of its absence, if the court does not have the right to start a new interrogation, for the main purpose of negotiating. Unofficial table of contents

§ 455 Process incapable

(1) If a party is not processable, its legal representative shall be heard, subject to the provision in paragraph 2. If there are several legal representatives, § 449 shall apply accordingly. (2) Minors, who shall be the 16. The Court of First Instance of the Court of First Instance of the Court of Justice of the European Union shall be able to hear the facts which exist in their own actions or have been the subject of their perception, and may also be sworn in accordance with Section 452, if the Court of First Instance considers this appropriate in the circumstances of the case. . The same is true of a processable person who is represented in the lawsuit by a supervisor or caregiver. Unofficial table of contents

§ § § 456 to 477 (omitted)

Title 11
Acceptance of oeden and affirmations

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§ 478 Eidespower in person

The oath must be made by the person liable for the offence in person. Unofficial table of contents

§ 479 Eidest performance before the appointed or requested judge

(1) The trial court may order that the oath be made before any of its members or before another court, if the subject-person is prevented from appearing before the trial court or at a large distance from its seat. (2) The Federal President shall make the oath in his home before a member of the court of proceedings or before another court of law. Unofficial table of contents

§ 480 Eidesbriefing

Before the performance of the oath, the judge has the right to inform the liable person of the importance of the oath as well as of the fact that he can afford the oath with religious or without religious praying. Unofficial table of contents

§ 481 Eidespower; Eidesformula

(1) The oath with religious betting is performed in such a way that the judge has the oath norm with the input formula:
"They swear by God to the Almighty and All-Knowing"
And the connocted person speaks the words (Eidesformula):
"I swear it, so help me God." (2) The oath without religious betterment is done in such a way that the judge has the oath norm with the input formula:
"They swear"
And the connocted person speaks the words (Eidesformula):
"I swear it." (3) If the person who is a member of a religious or confessional community wants to use a formula of betting in this community, he can attach it to the oath. (4) The swaying person shall be responsible for the oath performance. the right hand. (5) If several persons are to afford an oath at the same time, the oath formula is spoken individually by each person who is a person who is a person. Unofficial table of contents

§ 482

(dropped) Unofficial table of contents

§ 483 Eidespower of a person with a hearing or hearing impairment

(1) An auditor or speech-impaired person shall make the oath after her election by means of the following of the oath formula, by writing down and signing the oath formula or by means of a person enabling the agreement to be reached by the court of law is to be added. The Court shall provide the appropriate technical aids. The hearing-or speech-disabled person must be informed of their right to vote. (2) The court may require written oath performance or order the use of a person enabling the communication to be notified if the hearing or speech-impaired person He/she has not made use of the right to vote referred to in paragraph 1, or is unable to do so in the form chosen in accordance with paragraph 1, or is only able to do so at a disproportionate expense. Unofficial table of contents

Section 484 Eidesequal affirmation

(1) If the person liable to the law indicates that he does not wish to make an oath for reasons of belief or conscience, he shall give a confirmation. This affirmation is the same as the oath, and the pledge is to be pointed out. (2) The affirmation is made in such a way that the judge is the norm of affirmation as the norm of receipt with the following formula:
"You reaffirm in the awareness of your responsibility in court"
And the pledge speaks to it:
"Yes". (3) § 481 (3), 5, § 483 shall apply accordingly.

Title 12
Independent evidence

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§ 485 Admissibility

(1) During or outside a litigation procedure, if the opponent agrees or is to be obtained, the taking of the eyebrow, the hearing of witnesses or the assessment by an expert may be ordered at the request of one of the parties, (2) If a lawsuit is not yet pending, a party may request a written review by an expert if it has a legal interest in the fact that:

1.

the condition of a person or the condition or value of a thing,

2.

the cause of a personal injury, property damage or non-material defect,

3.

The expenditure for the elimination of personal injury, property damage or non-material

noted. A legal interest is to be accepted if the determination of the avoidance of a legal dispute can serve. (3) As far as a review has already been arranged in a judicial manner, a new evaluation shall only take place if the conditions of the § § 412. Unofficial table of contents

Section 486 Permanent Court

(1) If a lawsuit is pending, the application shall be filed with the trial court. (2) If a lawsuit is not yet pending, the application shall be filed with the court which, after the applicant's presentation, shall, in the main proceedings, make a decision would be called. In the subsequent litigation procedure, the applicant cannot rely on the jurisdiction of the court. (3) In cases of urgent danger, the application may also be filed with the local court, in the district of which the person to be conqued or to be held liable to (4) The application may be declared in front of the office of the office. Unofficial table of contents

Section 487 Content of the application

The application must include:

1.

the name of the opponent;

2.

the designation of the facts to be used as evidence;

3.

the designation of the witnesses or the name of the other evidence admissible pursuant to Section 485;

4.

the credibility of the facts, which are intended to justify the admissibility of the independent evidence and the jurisdiction of the court.

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§ § 488 and 489 (omitted)

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Section 490 Decision on the application

(1) The court decides on the application by decision. (2) In the decision on which the application is granted, the facts on which the evidence is to be raised and the evidence shall be made under the designation of the witnesses to be taken and the evidence of the evidence. Experts shall be designated. The decision shall not be countervailable. Unofficial table of contents

§ 491 Load of the opponent

(1) If, in the circumstances of the case, the opponent may be subject to the decision and a copy of the application for the date specified for the taking of evidence, the opponent shall be charged in such a way that he/she shall have his rights in that date. (2) The failure to comply with this provision is not contrary to the taking of evidence. Unofficial table of contents

§ 492 Taking of evidence

(1) The taking of evidence shall be carried out in accordance with the rules applicable to the inclusion of the evidence in question. (2) The record of the taking of evidence shall be kept by the court which ordered it. (3) The court may decide to take the evidence to the Court of First Instance. Invite the parties to the oral discussion if an agreement is to be expected; a comparison is to be taken on the basis of court proceedings. Unofficial table of contents

§ 493 Use in the process

(1) If a party in the process is based on facts about which evidence has been collected independently, the self-employed evidence of a taking of evidence before the trial court is equal. (2) The opponent was in an appointment in the self-employed If evidence was not published, the result can only be used if the opponent was charged in good time. Unofficial table of contents

§ 494 Unknown opponent

(1) If an opponent is not referred to by the evidence leader, the application shall be admissible only if the evidence leader proves that he or she is unable to designate the opponent without his fault. (2) If the application is accepted, the applicant may Order a representative to the unknown opponent to exercise his rights in the taking of evidence. Unofficial table of contents

Section 494a Deadline for action

(1) If a dispute is not pending, the Court of First Instance shall, upon completion of the evidence, order, on request, without oral proceedings, that the applicant shall bring an action within a period to be determined. (2) If the applicant is not of that order, the Court of First Instance shall, at the request of the Court of First Instance, declare by decision that it shall bear the costs incurred by the opponent. The decision shall be subject to the immediate appeal.

Section 2
Proceedings before the Local Courts

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Section 495 Applicable Provisions

(1) The provisions relating to proceedings before the district courts shall apply to the proceedings before the Local Courts, unless the general provisions of Book 1, the following special provisions and the Constitution of the Local courts are subject to derogations. Unofficial table of contents

Section 495a Procedure at reasonable discretion

The court may determine its proceedings at a reasonable discretion if the value of the dispute does not exceed 600 euros. It is necessary to negotiate verbally on request. Unofficial table of contents

Section 496 Filing of pleadings; Statements on Minutes

The lawsuit, the action of the plea and other requests and statements of a party to be served shall be submitted to the court in writing or orally to the minutes of the office of the office. Unofficial table of contents

§ 497 Charges

(1) The plaintiff's summons to the date specified in the action shall, unless the court order the service, be communicated without any special form. (2) The summons of a party shall not be required if the date of the party has been notified in the event of the filing or affixing of the action or of the application on the basis of which the appointment of the party is to take place. The communication shall be noted in the case of the files. Unofficial table of contents

Section 498 Delivery of the Protocol on the action

Where the action has been affixed to the minutes of the office of office, the minutes shall be served in place of the application. Unofficial table of contents

§ 499 Belehrungen

(1) With the notification of the application or of the Protocol on the action, the defendant shall be informed that a representation by a lawyer is not required. (2) The defendant shall also be informed of the request in accordance with Section 276 of the present application. Following a letter of recognition made in writing. Unofficial table of contents

§ § § 499a to 503 (to be omitted)

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Section 504 Note on the jurisdiction of the Local Court

If the local court is not competent or local, it has to point out to the defendant, before the trial, the main point and the consequences of a rügelosen admission to the main matter. Unofficial table of contents

Section 505

(dropped) Unofficial table of contents

Section 506 Nightful incompetence

(1) If a claim is raised by counterclaim or by extension of the order for action (§ 264 No. 2, 3), which belongs to the jurisdiction of the regional courts, or is requested to establish a legal relationship in accordance with Section 256 (2), for which the The District Court, if one of the parties is responsible for the main proceedings before further proceedings, shall have jurisdiction to declare itself uncompetent and to refer the dispute to the District Court. (2) The provisions of the § 281 (2), (3) sentence 1 shall apply accordingly. Unofficial table of contents

§ § 507 to 509 (omitted)

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Section 510 Declaration on documents

In the case of a sublimated declaration, a document shall be deemed to be recognized only if the party is requested by the court to declare the authenticity of the document. Unofficial table of contents

Section 510a Contents of the Protocol

Other statements of a party as confessions and explanations of a request for party hearing shall be noted in the minutes, as long as the court considers it necessary. Unofficial table of contents

Section 510b Judgment on the performance of an act

If the conviction takes place in order to act, the defendant may, at the same time, at the request of the plaintiff, be convicted in the event that the act is not carried out within a period to be determined, for the purpose of payment of compensation; the Court has the right to determine the compensation at its own discretion. Unofficial table of contents

§ 510c

(dropped)

Book 3
Legal remedies

Section 1
Appeal

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Section 511 Statliability of appeal

(1) The appeal shall take place against the final parts of the appeal. (2) The appeal shall be admissible only if:

1.

the value of the subject of appeal exceeds 600 euros, or

2.

the court of the first legal proceedings allowed the appeal in the judgment.

(3) The appellant shall make the value referred to in paragraph 2 (1) credible; he shall not be allowed to take out insurance on the oath. (4) The court of the first appeal shall allow the appeal to be made if:

1.

the case is of fundamental importance, or the further training of the law or the assurance of a uniform case law requires a decision of the Court of Appeal and

2.

the party is complain of no more than 600 euros in the judgment.

The Appellate Court is bound by the admission. Unofficial table of contents

§ 512 Predecisions in the first legal suit

The judgment of the Court of Appeal shall also be subject to the decisions which preceded the final judgment, provided that they are not unquestionable in accordance with the provisions of this Act or can be challenged with the immediate appeal. Unofficial table of contents

§ 513 Appeal grounds

(1) The appeal can only be based on the fact that the decision is based on a violation of the law (§ 546) or in accordance with § 529 the facts on which it is based justify a different decision. (2) The appeal cannot be based on the fact that the decision is based on the right to appeal. that the Court of First Instance wrongly assumed its jurisdiction. Unofficial table of contents

Section 514 Failure Judgments

(1) A default judgment may not be challenged by the party against which it is enacted with the appeal or the convocation of the connection. (2) A judgment of failure, against which the opposition in itself is not subject, shall be subject to the appeal or Connecting convocation in so far as it is based on the fact that the case of culpable failings did not have to be carried out. Section 511 (2) shall not apply. Unofficial table of contents

Section 515 waiver of appeal

The effectiveness of a waiver on the right of appeal does not depend on the opponent's acceptance of the waiver. Unofficial table of contents

Section 516 Revocation of the appeal

(1) The appellant can withdraw the appeal until the appellant's judgment is announced. (2) The withdrawal is to be explained to the court. If it is not declared at the oral proceedings, it shall be made by filing a plea. (3) The withdrawal shall result in the loss of the appeal and the obligation resulting from the appeal. Costs to bear. These effects shall be taken by decision. Unofficial table of contents

Section 517 Date of appeal

The period of appeal shall be one month; it shall be an emergency period and shall commence with the notification of the judgment in full form, but at the latest with the expiry of five months after the date of delivery. Unofficial table of contents

Section 518 Appeal period for urpartial supplementation

If, within the period of appeal, a judgment is supplemented by a subsequent decision (§ 321), the delivery of the subsequent decision of the course of the period of appeal shall also commend for the appeal against the judgment handed down first by new. If both judgments are appealed by the same party, both vocations must be combined. Unofficial table of contents

Section 519 Appeal

(1) The appeal shall be filed by the appellate court in the appellate court. (2) The appellate shall contain:

1.

the designation of the judgment against which the appeal is addressed;

2.

the statement that an appeal is being appealed against that judgment.

(3) The appeal shall be subject to the presentation of a copy or certified copy of the judgment under appeal. (4) The general provisions relating to the preparatory documents shall also apply to the appellant's appeal. Unofficial table of contents

§ 520 Appeal Statement

(2) The time limit for the grounds of appeal shall be two months and shall begin with the notification of the judgment in full form, but at the latest with the expiry of five months after the date of receipt of the appeal. Announcement. The time limit may be extended upon request by the chairman, if the opponent agrees. Without consent, the time limit may be extended by up to one month if, in the absence of a clear conviction, the chairman of the lawsuit is not delayed by the extension or if the appellant is presenting significant reasons. (3) The If it is not already included in the appellate, the appeal is to be submitted to the Court of Appeal in a pleadings. The grounds for appeal must include:

1.

the explanation of the extent to which the judgment is contested and which amendments of the judgment are requested (applications for appeals);

2.

the description of the circumstances in which the infringement and its relevance to the contested decision are the result;

3.

the name of specific indications which give rise to doubts as to the accuracy or completeness of the findings of the facts in the judgment under appeal, and therefore to re-establish them;

4.

the name of the new means of attack and defence as well as the facts on the basis of which the new means of attack and defence pursuant to section 531 (2) are to be allowed.

(4) The grounds for appeal shall also include:

1.

an indication of the value of the appellant not present in a given amount of money where the admissibility of the appeal depends on it;

2.

an expression as to whether there are grounds for a decision of the matter by the individual judge.

(5) The general rules on preparatory pleadings shall also be applied to the grounds of appeal. Unofficial table of contents

Section 521 Delivery of the appellant's address and justification

(1) The appeal and the grounds of appeal shall be notified to the counterparty. (2) The chairman or the appellate court may grant the counterparty a time limit for the written appeal and the appellant a period of time to the written declaration of appeal. Put an opinion on the appellant's reply. § 277 shall apply accordingly. Unofficial table of contents

Section 522 Admissibility check; rejection decision

(1) The Court of Appeal shall, on its own account, have to examine whether the appeal is in itself and whether it is filed and justified in the legal form and time limit. If there is a lack of one of these requirements, the appeal shall be rejected as inadmissible. The decision may be taken by decision. The appeal shall be brought against the decision. (2) The Appeals Court shall immediately reject the appeal by decision if it is unanimously satisfied that:

1.

the vocation evidently has no chance of success,

2.

the case has no fundamental meaning,

3.

the further training of the law or the assurance of a uniform case law does not require a decision of the Court of Appeal and

4.

an oral hearing is not necessary.

The Court of Appeal or the Chairman has previously indicated to the parties the intention to reject the appeal and the reasons for this and to give the appellant the opportunity to comment within a period to be determined. The decision referred to in the first sentence shall be justified in so far as the reasons for refoulement are not already included in the notice referred to in sentence 2. In addition, a contested decision shall contain a reference to the actual findings in the judgment under appeal with the presentation of any amendments or additions to be made. (3) The decision referred to in the first sentence of paragraph 2 shall be subject to the decision of the the right to appeal, which would be admissible in the case of a judgment by a judgment.

Footnote

(+ + + § 522 (3): For application, see § 38a ZPOEG + + +) Unofficial table of contents

§ 523 Termination

(1) If the appeal is not rejected or rejected by decision in accordance with Section 522, the Court of Appeal shall decide on the transfer of the legal dispute to the individual judge. (2) The time limit which must be between the date on which the date was published and the oral proceedings must be applied is to be applied in accordance with Section 274 (3). Unofficial table of contents

Section 524 Connection appointment

(1) The appellant may be adjoined by the appeal. The resolution is filed by the appellant's appellate. (2) The closing of the appeal is also permitted if the appellant has waived the appeal or the appeal period has expired. It shall be admissible until the date of expiry of the time limit laid down by the appellant for appeal to the appellant. This period shall not apply if the resolution relates to a conviction for recurring services which become due in the future (§ 323). (3) The connection vocation must be justified in the connection address. The provisions of § 519 (2), (4) and § 520 (3) and § 521 shall apply. (4) The closure shall lose its effect if the appeal is withdrawn, rejected or rejected by a decision. Unofficial table of contents

Section 525 General procedural principles

The other procedures shall apply in accordance with the provisions in force in the proceedings before the Landgericht, in so far as there are no derogations from the provisions of this Section. There is no need for a quality negotiation. Unofficial table of contents

Section 526 Decision-making judge

(1) The Court of Appeal may, by decision, transfer the litigation to one of its members as a single judge for the decision if:

1.

the contested decision was adopted by a single judge;

2.

the object has no particular difficulties of an actual or legal nature,

3.

the case has no fundamental meaning, and

4.

has not already been negotiated at the main date on the main issue, unless a reservation, partial or interim judgment has since been issued.

(2) The individual judge shall submit the dispute to the Court of Appeal for a decision on a takeover if:

1.

the fact that a substantial change in the process situation has resulted in particular real or legal difficulties in the case or the fundamental importance of the case, or

2.

the parties so agree to do so.

The Court of Appeal shall take over the litigation if the conditions set out in the first sentence of the first sentence of paragraph 1 are fulfilled. The decision shall be taken by decision after consultation of the parties. A new transfer to the individual judge is excluded. (3) A legal remedy cannot be based on a transfer, presentation or transfer which has been made or omitted. (4) In matters of the Chamber for Commercial Matters, individual judges can only of the chairman. Unofficial table of contents

§ 527 Pre-preparing single judge

(1) If the legal dispute is not transferred to the individual judge in accordance with Section 526, the Court of Appeal may assign the case to one of its members as a single judge for the preparation of the decision. In the Chamber for Commercial Matters, the chairman is the judge; outside the oral proceedings an assignment is not required. (2) The individual judge has to promote the matter to such an extent that they are held at an oral hearing before the Court of Appeal can be done. It may, for this purpose, collect individual evidence to the extent that this is desirable and to be presumed from the outset in order to simplify the proceedings before the Court of Appeal, that the Court of Appeal shall also have no direct impression of the results of the proceedings. the course of the taking of evidence properly. (3) The individual judge decides

1.

on the referral pursuant to § 100 in conjunction with § § 97 to 99 of the Law of the Court of Justice;

2.

in the event of withdrawal of the action or appeal, waiver of the claim or recognition of the claim;

3.

in the case of a party or both parties ' abitions;

4.

the obligation to bear the costs of the proceedings, unless the Court of Appeal decides on the matter at the same time as the main proceedings;

5.

on the value of the dispute;

6.

costs, fees and expenses.

(4) In the agreement of the parties, the individual judge may also decide otherwise. Unofficial table of contents

Section 528 Binding on appeals

The examination and decision of the Court of Appeal shall be subject only to the applications for appeal. The judgment of the first legal action may only be amended in so far as an amendment is requested. Unofficial table of contents

Section 529 Audit scope of the Court of Appeal

(1) The Court of Appeal shall be based on its proceedings and decision:

1.

the facts established by the Court of First Instance, in so far as there are no concrete grounds for doubt as to the accuracy or completeness of the relevant findings and, therefore, to re-identify the facts;

2.

new facts, to the extent that their consideration is admissible.

(2) In the event of a defect in the proceedings, which is not to be taken into consideration by its own court, the judgment under appeal shall be examined only if it has been invoked pursuant to Section 520 (3) of this Article. Incidentally, the Court of Appeal is not bound by the grounds of appeal made. Unofficial table of contents

Section 530 Late of attack and defence equipment

§ 296 (1) and (4) shall apply mutatily to the application of an attack or defence against the provisions of § § 520 and 521 (2). Unofficial table of contents

§ 531 Rejected and new means of attack and defence

(1) Attack and defence means which have been rightly rejected in the first legal right shall remain excluded. (2) New attack and defence means shall only be permitted if it is

1.

relate to a point of view which has been overlooked or insignificant by the court of the first legal proceedings,

2.

was not invoked as a result of a procedural defect in the first legal proceedings; or

3.

have not been invoked in the first legal proceedings, without this being based on a negligence on the part of the Party.

The Court of Appeal may demand the credibility of the facts from which the admissibility of the new means of attack and defence is obtained. Unofficial table of contents

Section 532 Rügen of the inadmissibility of the action

Waived arms which affect the admissibility of the action and which are not brought forward in good time, contrary to § § 520 and 521 (2), are to be allowed only if the party apologised enough for the delay. The same shall apply in respect of forgivable new arms which affect the admissibility of the action if the party could have brought it forward in the first legal proceedings. The reason for the apology shall be credible at the request of the court. Unofficial table of contents

Section 533 Change in pleas; declaration of settlement; counterclaim

Change of action, declaration of settlement and counterclaim shall be admissible only if:

1.

the opponent agrees or the court considers this to be relevant and

2.

may be based on facts which the Court of Appeal of the Court of Appeal of its hearing and decision on appeal shall be based on in any case pursuant to Section 529.

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Section 534 Loss of the Rüfairer

The infringement of a rule relating to the proceedings of the first legal proceedings can no longer be considered in the appellate instance if the party has already lost the right of reprimand in the first legal right according to the rule of § 295. Unofficial table of contents

Section 535 Court confession

The court confession, filed in the first legal suit, retains its effectiveness also for the appellate. Unofficial table of contents

§ 536 Party interrogation

(1) The Court of Appeal may order the hearing or the insult of a party which, in the first legal suit, had refused the testimony or refused the statement or the oath, only if it is of the opinion that the party to the rejection or (2) If a party was heard in the first legal proceedings and was sworn in, the Court of Appeal may only order the opponent's confirmations if the testimony of the party was not or inadmissibility was inadmissible in the first legal right. Unofficial table of contents

§ 537 Preliminary enforceability

(1) A judgment of the first draft law, not necessarily declared enforceable for the time being provisionally enforceable, shall, in so far as it is not challenged by the applications for appeal, be provisionally enforceable on application by the Court of Appeal by decision Explain. The decision shall not be taken until the time limit for appeal has expired. (2) A dispute shall not take place. Unofficial table of contents

Section 538 Rejection

(1) The Court of Appeal shall collect the necessary evidence and decide in the case itself. (2) The Court of Appeal may, in so far as its further trial is required, subject to the annulment of the judgment and the proceedings to the Court of Appeal, the court of the first legal suit only to refer back,

1.

in so far as the procedure in the first legal suit suffers from a substantial defect and, due to this lack of evidence, extensive or time-consuming taking of evidence is necessary,

2.

where the judgment under appeal dismises an opposition as inadmissible,

3.

where the judgment under appeal only decides on the admissibility of the action,

4.

if, in the event of a claim by reason and amount, the judgment under appeal has been decided in advance or the action has been dismissed, unless the dispute over the amount of the claim is ripe for the decision,

5.

if the judgment under appeal has been issued in the document of documents or interchanges subject to the rights of the rights,

6.

if the judgment under appeal is a judgment in the failure of the judgment, or

7.

if the judgment under appeal is a partial judgment rendered contrary to the conditions set out in Section 301

and a party is requesting the remitting. In the case of point 3, the Court of Appeal shall have all the complaints to be carried out. In the case of paragraph 7, an application shall not be required. Unofficial table of contents

§ 539 Versäumnisverfahren

(1) In the event that the appellant does not appear in the date of the oral proceedings, his appeal shall be rejected on request by a judgment of failure. (2) The appellant's defendant does not appear and the appellant claim against him by the appellant. In the event of a failure to do so, the permissible actual proposition of the appellant shall be deemed to have been granted. In so far as it justifies the request for appeal, it shall be recognized after the application; insofar as this is not the case, the appeal shall be rejected. (3) In addition, the provisions relating to the default procedure shall apply in the first place of the law. Unofficial table of contents

Section 540 Content of the Court of Appeal

(1) In place of facts and decision-making reasons, the judgment

1.

the reference to the actual findings in the judgment under appeal, with any changes or additions to be made,

2.

a short justification for the amendment, annulment or endorsement of the contested decision.

If the judgment is announced in the date when the oral proceedings have been concluded, the statements required by sentence 1 may also be included in the minutes. (2) § § 313a, 313b shall apply accordingly. Unofficial table of contents

Section 541 Process files

(1) The Office of the Court of Appeal shall, after the appeal has been filed, request the proceedings of the proceedings of the Court of First Instance immediately by the office of the court of the first legal proceedings. The files must be sent to the Court of Appeal without delay. (2) After the appeal has been filed, the records of the office of the court of the first legal suit shall be the subject of a certified copy of the court of appeal of the court of appeal. Decision to return.

Section 2
Revision

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§ 542 Statliability of the revision

(1) The revision shall take place against the final parts issued by the Appellate Body in accordance with the following provisions. (2) Against judgments, by means of the order, amendment or cancellation of a lock or an injunction. , the revision does not take place. The same applies to judgments on the early possession of the property in the expropriation proceedings or in the relegation procedure. Unofficial table of contents

§ 543 Admission revision

(1) The revision shall take place only if:

1.

the Court of Appeal in the judgment or

2.

The Court of Appeal on appeal against non-authorisation

(2) The revision shall be permitted if:

1.

the case is of fundamental importance, or

2.

requires the judicial training of the law or the assurance of a uniform case-law of a decision of the Court of Revisional.

The Court of Appeal shall be bound by the Appellate Court. Unofficial table of contents

Section 544 Non-admission complaint

(1) The non-authorisation of the revision by the Court of Appeal shall be subject to the appeal (complaint of non-admission). The appeal shall be filed within an emergency period of one month after the date of delivery of the judgment in full form, but no later than six months after the date of delivery of the judgment at the Court of Revisional Revisional. The notice of appeal is intended to provide a copy or a certified copy of the judgment against which the revision is to be filed. (2) The appeal shall be made within two months of the date of notification of the judgment in full form. , at the latest, and no later than seven months after the date of delivery of the judgment. Section 551 (2) sentences 5 and 6 shall apply accordingly. In the explanatory statement, the grounds for admission must be set out (§ 543 (2)). (3) The court of appeal gives the opponent's opponent the opportunity to comment. (4) The court of appeal decides on the appeal by decision. The decision is to be briefly justified, except where it would not be appropriate to contribute to clarifying the conditions under which a revision is to be accepted or if the complaint is accepted. The decision on the appeal is to be notified to the parties. (5) The filing of the appeal inhibits the legal force of the judgment. Section 719 (2) and (3) shall apply accordingly. With the rejection of the appeal by the court of auditors, the judgment becomes final. (6) If the appeal against the non-approval of the revision is granted, the appeal proceedings will be continued as a revision procedure. In this case, the application of the non-admission complaint shall be deemed to have been submitted in a timely and timely manner as a consideration of the revision. By the notification of the decision begins the revision period. (7) If the appellate court has infringed the appellant's claim for a right to be heard in a decisive manner, the court of appeal may, by way of derogation from paragraph 1, 6 In the decision which takes place the appeal, the judgment is repealed and the legal dispute referred back to the Court of Appeal for the new hearing and decision.

Footnote

(+ + + § 544: For application, see § 26 No. 8 of the ZPOEG + + +) Unofficial table of contents

§ 545 Revisionsgrounds

(1) The revision can only be based on the fact that the decision is based on an infringement of the law. (2) The revision cannot be based on the fact that the court of the first legal action wrongly adopted its jurisdiction or has denied. Unofficial table of contents

§ 546 Concept of infringement

The right is infringed if a legal standard has not been applied or has not been properly applied. Unofficial table of contents

§ 547 Absolute Revisionsgrounds

A decision shall always be considered to be based on an infringement of the law,

1.

if the discerning court had not been properly staffed;

2.

in the case of a decision taken by a judge who was excluded from the exercise of the right of judge by law, unless that obstacle is claimed without success by means of a request for refusal;

3.

if a judge took part in the decision, although he was rejected for concern about the partiality and the request for rejection was declared well founded;

4.

if a party was not represented in the proceedings in accordance with the law, provided that it did not explicitly or implicitly approve the process;

5.

if the decision has been taken on the basis of oral proceedings in which the provisions relating to the public of the proceedings are violated;

6.

if the decision is not provided for reasons contrary to the provisions of this Act.

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Section 548 Revisional period

The time limit for revising the revision (revision period) is one month; it is an emergency period and begins with the notification of the judgment in full form, but at the latest with the expiry of five months after the date of receipt of the appeal. Announcement. Unofficial table of contents

§ 549 Revisionseinlegung

(1) The revision shall be filed by the filing of the revision of the revision of the Court of Appeal. The revision specification shall contain:

1.

the designation of the judgment against which the revision is addressed;

2.

the declaration that the judgment will be reviewed.

§ 544 (6) sentence 2 remains unaffected. (2) The general provisions concerning the preparatory written records shall also be applied to the revision. Unofficial table of contents

Section 550 Delivery of the revision

(1) The revision shall be subject to a copy or certified copy of the judgment under appeal, in so far as this has not already been done in accordance with Section 544 (1) sentence 3. (2) The revision shall be submitted to the counterparty. Unofficial table of contents

Section 551 Revisional justification

(1) The Revisionskläger must justify the revision. (2) If the revision is not already included in the revision, the revision is to be submitted to the auditor's court in a pleadings. The deadline for the revision is two months. It shall begin with the delivery of the judgment in full form, but at the latest with the expiry of five months after the delivery. Section 544 (6) sentence 3 shall remain unaffected. The time limit may be extended upon request by the chairman, if the opponent agrees. Without consent, the time limit may be extended by up to two months if, in the absence of the chairman's conviction, the extension is not delayed by the extension, or if the revisionist is able to present significant reasons; Revisionskläger within this period shall not be granted access to the process files for a reasonable period of time, the Chairman may, upon request, extend the deadline by up to two months after the transfer of the process files. (3) The Revision justification must include:

1.

the explanation of the extent to which the judgment is challenged and the annulment of which is requested (revisionssanives);

2.

an indication of the reasons for the revision, namely:

a)

the specific description of the circumstances in which the infringement is based;

b)

in so far as the revision is based on the fact that the law is infringed in relation to the proceedings, the name of the facts which result in the defect.

If the revision has been approved on the basis of a non-admission complaint, the reasons for the revision can be referred to the reasons for the non-admission complaint. (4) § 549 (2) and § 550 (2) are to be applied to the Revisionsoning shall apply accordingly. Unofficial table of contents

§ 552 Admissibility check

(1) The Revisionsgericht shall, on its own account, have to examine whether the revision is per se statthaft and whether it is filed in the legal form and time limit and is well founded. If there is a lack of one of these requirements, the revision shall be deemed to be inadmissible. (2) The decision may be taken by decision. Unofficial table of contents

Section 552a Rejection decision

The Court of Appeal remembers the appeal approved by the Court of Appeal by a unanimous decision if it is satisfied that the conditions for the approval of the revision are not available and the revision does not offer any prospect of Success has. Section 522 (2) sentences 2 and 3 shall apply accordingly. Unofficial table of contents

Section 553 Termination period; time limit for entry

(1) If the revision is not rejected by a decision as inadmissible or rejected in accordance with Section 552a, the date of the oral proceedings shall be determined and the parties shall be notified. (2) The time limit between the date of the The announcement of the date and the oral proceedings must be in accordance with Section 274 (3) accordingly. Unofficial table of contents

§ 554 Connection revision

(1) The defendant may be adjoined by the revision. The resolution shall be filed by the revisionist's opinion in the court of auditors. (2) The resolution shall also be admissible if the auditor has waived the revision, the revision period has expired or the revision does not apply. has been approved. The closing date must be explained by the end of one month after the delivery of the revision statement. (3) The connection revision must be justified in the connection address. § 549 (1) sentence 2 and (2) and § § 550 and 551 (3) apply accordingly. (4) The resolution loses its effect if the revision is withdrawn, rejected or rejected by decision. Unofficial table of contents

Section 555 General procedural principles

(1) In the case of further proceedings, in so far as there are no derogations from the provisions of this Section, the provisions in force in the first legal admise for the proceedings before the Landgericht shall apply in accordance with the provisions of this Section. There is no need for a quality negotiation. (2) The provisions of § § 348 to 350 shall not apply. (3) A recognition judgment shall be issued only at the separate request of the plaintiff. Unofficial table of contents

Section 556 Loss of the Rüfairer

The breach of a rule relating to the proceedings of the appellate instance can no longer be rummaged in the revision instance if the party has already lost the right of reprimand in the appellate body according to the rule of § 295. Unofficial table of contents

§ 557 Scope of the revision examination

(1) The examination of the review court shall be subject only to the requests made by the parties. (2) The assessment of the review court shall also be subject to those decisions which preceded the final judgment, provided that they do not comply with the (3) The Court of Revisioning is not bound by the stated reasons for the revision. The contested judgment may only be examined for procedural defects which are not to be taken into consideration by its own motion if the deficiencies have been rummaged in accordance with § § 551 and 554 (3). Unofficial table of contents

§ 558 Preliminary enforceability

A judgment of the Court of Appeal, which is not necessarily declared enforceable for the time being, unless it is challenged by the provisions of the revision, shall, at the request of the Court of Appeal, be provisionally enforceable by decision of the Court of Appeal Explain. The decision shall be admissible only after expiry of the period of revision of the revision. Unofficial table of contents

Section 559 Limited review of actual findings

(1) The assessment of the Court of Appeal shall be subject only to the party party which is apparent from the appeal or the minutes of the proceedings. In addition, only the facts mentioned in § 551 (3) (2) (b) may be taken into consideration. (2) If the Court of Appeal has found that an actual allegation is true or not true, that determination shall be for the Court of Appeal shall be binding, unless there is an admissible and justified revision of the review in relation to the determination. Unofficial table of contents

§ 560 Non-revisible laws

The decision of the Court of Appeal on the existence and the content of laws, on whose violation the revision according to § 545 cannot be supported, is decisive for the decision to be taken on the revision. Unofficial table of contents

§ 561 Revisional rejection

If the reason for the appeal is a violation of the law, the decision itself, however, is correct for other reasons, the revision must be rejected. Unofficial table of contents

Section 562 Repeal of the judgment under appeal

(1) Into the extent that the revision is deemed to be well founded, the judgment under appeal shall be repealed. (2) If the judgment is annulled on account of a lack of the proceedings, the proceedings shall at the same time be repealed in so far as it is affected by the defect. Unofficial table of contents

Section 563 Rejection; own decision

(1) In the event of the annulment of the judgment, the matter is to be referred back to the Court of Appeal for the new negotiation and decision. The appeal may be sent to another body of the Court of Appeal. (2) The Court of Appeal shall also base its judgment on the legal judgment on which the annulment is based. (3) The Court of Appeal shall have jurisdiction in the Court of Appeal. however, to decide on the matter itself, if the annulment of the judgment is only due to an infringement of the application of the law to the established contractual relationship and, in the case of the latter, the case for the final decision is mature. (4) Comes in the case of the Paragraph 3, for the decision to be taken in the case itself, the applicability The case may be referred back to the Court of Appeal for the purpose of negotiation and decision of the law, in which the revision cannot be based on the revision in accordance with § 545. Unofficial table of contents

Section 564 No justification of the decision in the case of complaints of procedural defects

The decision does not need to be justified in so far as the Court of Appeal does not consider the complaints of procedural defects to be carried out by the Court. This does not apply to Rügen according to § 547. Unofficial table of contents

Section 565 Applicable Rules of the Appeal Procedure

The rules applicable to the appeal concerning the dispentability of the judgment of failure, the performance of the appeal against the appeal and his withdrawal, the complaint against the inadmissibility of the action and the claim, the consignment and the The remission of the process files must be applied to the revision accordingly. The revision can only be withdrawn without the approval of the auditor until the beginning of the oral proceedings of the auditor. Unofficial table of contents

§ 566-jump revision

(1) In the case of the endurations enacted in the first appeal, which are subject to the appeal without authorization, the revision (jump revision) shall be made immediately upon request, bypassing the appellate instance, if:

1.

the opponent consents to the persuasion of the Appellate Body and

2.

the revision court allows the jump revision.

The application for admission to the transition revision and the declaration of consent shall be deemed to be waived of the appeal of the appeal. (2) The admission is to be requested by the filing of a written document (admission) at the revision court. § § 548 to 550 shall apply accordingly. The application must set out the conditions for the approval of the jump revision (paragraph 4). The written declaration of the respondent's consent shall be attached to the application for admission; it may also be accompanied by the litigation representative of the first legal suit or, if the lawsuit in the first legal suit does not result in a legal process (3) The application for admission to the revision of the jump revision inhibits the legal force of the judgment. Section 719 (2) and (3) shall apply accordingly. After the application has been filed, the office of the Audit Court has to request the proceedings of the proceedings of the court of the first legal suit without delay. (4) The jump revision must be allowed only if:

1.

the case is of fundamental importance, or

2.

requires the judicial training of the law or the assurance of a uniform case-law of a decision of the Court of Revisional.

The revision can not be based on a defect of the procedure. (5) The review court decides on the application for admission of the jump revision by decision. The decision is to be sent to the parties. (6) If the application for approval of the revision is rejected, the judgment becomes final. (7) If the revision is allowed, the procedure will be continued as revision procedure. In this case, the application for approval shall be deemed to have been submitted in due time and shall be deemed to have been filed. With the notification of the decision, the revision period shall begin. (8) The further procedure shall be determined in accordance with the provisions applicable to the revision. § 563 shall apply with the proviso that the rejective shall be made to the court of first instance. If an appeal is lodged against the subsequent decision of the Court of First Instance, the Court of Appeal shall also base its judgment on the legal assessment on which the Court of First Instance annuls the annulment by the Court of Appeal of the Court of First Instance. .

Section 3
Complaint

Title 1
Immediate complaint

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Section 567 Immediate complaint; follow-up complaint

(1) The immediate appeal shall take place against the decisions of the Local Courts and Regional Courts which have been taken in the first legal proceedings, if:

1.

is expressly provided for in the law, or

2.

it is such a decision which does not require oral proceedings and which has rejected a request for the proceedings.

(2) In the case of a decision on costs, the appeal is only admissible if the value of the subject of appeal exceeds 200 euros. (3) The respondent may agree to the appeal, even if he has waived the appeal or the Notice of appeal has elapsed. The closure shall cease to be effective if the appeal is withdrawn or dismissed as inadmissible. Unofficial table of contents

Section 568 Original single judge

The appeal court shall decide by one of its members as a single judge if the contested decision has been adopted by a single judge or a judicial board. The individual judge shall transfer the proceedings to the Appeal Court for a decision in the composition prescribed in the Law of the Court of Appeal, if:

1.

where the case has particular difficulties of an actual or legal nature, or

2.

the case is of fundamental importance.

A legal remedy may not be based on a transfer which has been made or is not subject to the law. Unofficial table of contents

Section 569 Deadline and form

(1) The immediate appeal shall, in so far as no other time limit is determined, be filed within a period of grace of two weeks in the case of the court whose decision will be challenged, or in the case of the appeal court. The emergency period shall commence, unless otherwise specified, with the notification of the decision, at the latest with the expiry of five months after the date of delivery of the decision. If the requirements of the action for annulment or restitution are available, the appeal may also be lodged within the time limits applicable to these actions after the expiry of the period of notice. (2) The appeal shall be filed by the submission of a Notice of appeal lodged. The notice of appeal must contain the name of the contested decision and the statement that a complaint is filed against that decision. (3) The appeal may also be filed by a statement on the minutes of the office of the office of appeal. if:

1.

the litigation in the first legal suit is or has not been the legal proceedings;

2.

the complaint relates to legal aid, or

3.

it is collected by a witness, expert or third party within the meaning of § § 142, 144.

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§ 570 postponing effect; interim measures

(1) The appeal shall have suspensive effect only if it relates to the setting of an order or coercive means. (2) The court or the chairman whose decision is challenged may be the enforcement of the decision (3) The appeal court may issue an injunction before the decision; in particular, it may suspend the enforcement of the contested decision. Unofficial table of contents

§ 571 Justification, prelusion, exceptions to the law of the law

(1) The complaint is to be justified. (2) The appeal may be based on new means of attack and defence. It cannot be based on the fact that the Court of First Instance has wrongly assumed its jurisdiction. (3) The Chairman or the Appeal Court may set a time limit for the application of attack and defence funds. If an instrument of attack and defence is not put forward within the time limit, they shall be admitted only if, according to the free conviction of the Court of First Instance, its authorisation would not delay the execution of the proceedings or if the party had the right to Late enough apologies. The reason for the apology is to be made credible at the request of the court. (4) If the court orders a written declaration, it may be made to the minutes of the office if the complaint concerning the minutes of the office of the office of business may be lodged (Section 569 (3)). Unofficial table of contents

Section 572 Gang of appeal proceedings

(1) If the court or the chairman, whose decision is challenged, considers the appeal to be justified, they shall remedy it; otherwise, the appeal shall be submitted immediately to the appeal court. § 318 remains unaffected. (2) The Appeal Court has to check from its own office whether the appeal is in itself and whether it has been filed in the legal form and time limit. In the absence of any such requirement, the appeal shall be deemed to be inadmissible. (3) if the appeal court considers that the appeal is well founded, it may be the court or chairman of the court or the chairman of the court or the chairman of the court or the chairman of the court or the chairman of the court who issued the appeal. (4) The decision on the complaint shall be taken by decision. Unofficial table of contents

§ 573 Reminder

(1) The decision of the Court of First Instance may be requested (remembering) against the decisions of the authorized or requested judge or the official of the Office of the Office within a period of two weeks ' notice. The reminder shall be written in writing or in the minutes of the office. § 569 (1) sentence 1 and 2, para. 2 and § § 570 and 572 shall apply accordingly. (2) The immediate appeal shall be lodged against the judgment of the General Court on the memory of the first appeal. (3) The provision of paragraph 1 shall also apply to: the Higher Regional Courts and the Federal Court of Justice.

Title 2
Legal complaint

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Section 574 Legal complaint; connection rights complaint

(1) In the case of a decision, the right to appeal shall be subject to the following conditions:

1.

is expressly provided for in the law, or

2.

the appeal court, the Court of Appeal or the Oberlandesgericht (Oberlandesgericht), in the first legal proceedings, admitted it in the decision.

Section 542 (2) shall apply. (2) In the cases referred to in paragraph 1 (1), the legal complaint shall be admissible only if:

1.

the case is of fundamental importance, or

2.

(i) the continuing training of the law or the safeguarding of a uniform case-law requires a decision of the court of appeal.

(3) In the cases referred to in paragraph 1 (2), the appeal shall be admissible if the conditions set out in paragraph 2 are fulfilled. The appeal court shall be bound by the authorisation. (4) The right-of-appeal opponent may, by the end of a period of emergency of one month after the notification of the application of the appeal, be granted the right of appeal by the application of the Appeal to the Legal Appeal Court, even if he waived the legal complaint, has passed the appeal for legal proceedings or the legal complaint has not been allowed. The connection complaint must be justified in the connection address. The closure shall cease to be effective if the legal complaint is withdrawn or is rejected as inadmissible. Unofficial table of contents

Section 575 Deadline, form and justification of the legal complaint

(1) The appeal shall be brought within a period of grace of one month after the notification of the decision by filing a notice of appeal to the court of appeal. The legal notice must include:

1.

the designation of the decision against which the appeal is addressed and

2.

the declaration that this decision will be appealed against.

The appeal is intended to provide a copy or a certified copy of the contested decision. (2) The appeal is filed within a period of one month, unless the notice of appeal contains the reasons for the appeal. Reasons. The time limit shall begin with the notification of the decision under appeal. Section 551 (2) sentences 5 and 6 shall apply accordingly. (3) The reasons for the legal complaint must include:

1.

the statement as to the extent to which the decision of the Appeal Court or the Court of Appeal is challenged and the annulment of which is requested (appeals for appeal),

2.

in the cases of § 574 (1) (1), a presentation on the conditions of admissibility laid down in § 574 (2),

3.

an indication of the reasons for the appeal, namely:

a)

the specific description of the circumstances in which the infringement is based;

b)

in so far as the legal complaint is based on the fact that the law is infringed in relation to the proceedings, the name of the facts which result in the defect.

(4) The general provisions relating to preparatory pleadings shall also apply to the complaint and to the explanatory note. § § 541 and 570 (1), (3) shall apply mutas to the counterparty. Unofficial table of contents

Section 576 Reasons for the appeal

(1) The legal complaint can only be based on the fact that the decision is based on the violation of federal law or a provision whose scope extends beyond the district of a Higher Regional Court. (2) The Legal complaint cannot be based on the fact that the court of the first legal action wrongly accepted or negated its jurisdiction. (3) § § 546, 547, 556 and 560 apply accordingly. Unofficial table of contents

Section 577 Examination and decision of the legal complaint

(1) The Court of Appeal shall, on its own account, examine whether the appeal is subject to legal proceedings and whether it is laid down and justified in the legal form and time limit. If there is a lack of one of these requirements, the legal complaint shall be rejected as inadmissible. (2) The examination of the appeal court shall be subject only to the requests made by the parties. The appeal court shall not be bound by the grounds of appeal made. The contested decision may only be examined for procedural defects which are not to be taken into consideration by its own motion, if the deficiencies have been rummaged in accordance with Section 575 (3) and § 574 (4) sentence 2. § 559 applies accordingly. (3) Although the reasoning of the contested decision is a violation of the law, the decision itself, however, is correct for other reasons, the legal complaint shall be rejected. (4) If the appeal is deemed to be well founded, the contested decision must be repealed and the case must be remitted for a new decision. Section 562 (2) shall apply accordingly. The refoulement may be made to another body of the court of the court which has adopted the contested decision. The court to which the matter is remitted has the legal judgment on which the annulment is based also to be based on its decision. (5) The appeal court has to decide in the case itself, if the repeal of the This decision only takes place on the basis of an infringement of the law on the application of the right to the established contractual relationship and, in the latter case, the final decision is ripe for the final decision. Section 563 (4) shall apply accordingly. (6) The decision on the appeal shall be taken by decision. Section 564 shall apply accordingly. Moreover, it may not be justified on the grounds that it would not be appropriate to contribute to the clarification of legal issues of fundamental importance, to the further training of the law or to the safeguarding of a uniform case-law.

Book 4
Resumption of proceedings

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§ 578 Types of resumption

(1) The resumption of a procedure closed by a final final part may be effected by action for annulment and by a restitution action. (2) If both actions are brought by the same party or by different parties, the To suspend the proceedings and the decision on the restitution action until the final decision on the action for annulment has been passed. Unofficial table of contents

Section 579 Action for annulment

(1) The action for annulment shall take place:

1.

if the discerning court had not been properly staffed;

2.

if a judge has participated in the decision which was excluded from the exercise of the judge's power by law, unless that obstacle is asserted without success by means of a request for rejection or by a remedy;

3.

if a judge took part in the decision, although he was rejected for concern about the partiality and the request for rejection was declared well founded;

4.

if a party was not represented in the proceedings in accordance with the law, provided that it did not explicitly or implicitly approve the process management.

(2) In the cases referred to in points 1, 3, the action shall not take place if the invalidity could be asserted by means of a legal remedy. Unofficial table of contents

Section 580 Restitution

The restitution action is taking place:

1.

if the opponent has been guilty of an intentional or negligent breach of the obligation of oath by an insult to a statement to which the judgment is based;

2.

if a document to which the judgment was founded was falsely produced or falsified;

3.

if, in the case of a certificate or expert opinion on which the judgment is established, the witness or expert has been found guilty of a criminal offence against the duty of truth;

4.

if the judgment is obtained by the representative of the party or by the opponent or its representative by a criminal offence in relation to the dispute;

5.

if a judge has participated in the judgment, which has been found guilty in relation to the lawsuit of a criminal offence of his or her duty to pay his duties against the party;

6.

if the judgment of an ordinary court, an earlier special court or administrative court to which the judgment is based is annulled by another judgment which has been final;

7.

if the party

a)

a judgment which has been adopted in the same case and which has previously become final, or

b)

to be found or to be used in the stand, which would have brought about a decision more favourable to it;

8.

where the European Court of Human Rights has established a breach of the European Convention for the Protection of Human Rights and Fundamental Freedoms or its Protocols and the judgment is based on that violation.

Footnote

(+ + + § 580 No 8: For application see Section 586 (4) + + +) Unofficial table of contents

Section 581 Special requirements for the restitution action

(1) In the cases referred to in paragraphs 1 to 5 above, the restitution action shall only take place if a final conviction has been issued on the grounds of the offence or if the initiation or execution of a criminal procedure from others (2) The proof of the facts justifying the restitution action cannot be carried out by the request for party hearing. Unofficial table of contents

Section 582 Relief nature of the restitution action

The restitution action is only admissible if the party was unable, without its fault, to assert the reason for restitution in the earlier proceedings, in particular by objection or appeal or by means of an appeal to an appeal. Unofficial table of contents

Section 583 Predecisions

The action may be taken to invoke grounds of appeal which affect a judgment of the same or a lower instance preceding the judgment under appeal, provided that the judgment under appeal is based on that decision. Unofficial table of contents

Section 584 exclusive jurisdiction for actions for annulment and restitution

(1) The Court of Appeal shall have exclusive jurisdiction in respect of the proceedings: the Court of First Instance recognized in the first legal proceedings; if the judgment under appeal, or even one of several judgments under appeal, has been issued by the Court of Appeal, or if the Court of Appeal is in the The Court of Appeal shall be appealed to the Court of Appeal; if a judgment rendered in the revision instance is challenged on the basis of § § 579, 580 No. 4, 5, the Court of Appeal shall be challenged. (2) Are the RevisionsinInstance Proceedings against a declaration of enforcement shall be brought before the Court of First Instance, which shall: would have been responsible for a decision in the dispute settlement procedure. Unofficial table of contents

Section 585 General procedural principles

In the case of the collection of the claims and the other procedures, the general rules shall apply in accordance with, unless the provisions of this law give a derogation. Unofficial table of contents

§ 586 Klagefrist

(1) The lawsuits shall be raised before the expiry of the period of notice of one month. (2) The period shall commence on the date on which the party has been informed of the ground of appeal, but not before the legal force of the judgment has entered into force. The provisions of the preceding paragraph shall not apply to the action for annulment due to a lack of representation; the time limit for the application of the judgment shall not apply to the Court of Invalidity. 3. (4) The provision of the second sentence of paragraph 2 shall not apply to the restitution lawsuit according to § 580, point 8.

Footnote

(+ + + § 586 (2) sentence 2: For application, see § 38a ZPOEG + + +) Unofficial table of contents

Section 587 Klageschrift

The action must include the name of the judgment against which the action for annulment or restitution is directed and the declaration which these actions will be made. Unofficial table of contents

Section 588 Contents of the Klageschrift

(1) As a preparatory document, the action shall contain the following:

1.

the designation of the priming base;

2.

an indication of the evidence of the facts which result from the reason and the compliance with the time limit;

3.

the statement of the extent to which the removal of the judgment under appeal and the other decision in the main proceedings are requested.

(2) The document by which a restitution action is filed shall be accompanied by the documents to which it is based, in original or in transcript. If the documents are not in the hands of the plaintiff, he shall declare the application which he intends to submit for the creation of such a purchase. Unofficial table of contents

§ 589 Admissibility check

(1) The Court of First Instance has to examine, on its own account, whether the action is in itself and whether it has been filed in the legal form and in the time limit. If there is a lack of one of these requirements, the action shall be deemed to be inadmissible. (2) The facts which show that the action is brought before the expiry of the emergency period shall be credible. Unofficial table of contents

§ 590 New Negotiation

(2) The court may order that the trial and decision on the grounds and admissibility of the resumption of proceedings before the trial shall be held in order to ensure that the trial and decision of the court of appeal are not about the main cause of success. In this case, the trial of the main cause shall be considered as a continuation of the trial on the grounds and admissibility of the resumption of proceedings. (3) The Court of Appeal in charge of the proceedings has the trial of reason and the admissibility of the resumption of proceedings, even if that discharge is contingent upon the determination and assessment of the facts which have been disputed. Unofficial table of contents

Section 591 Legal remedy

Legal remedies are admissible in so far as they take place at all against the decisions of the courts dealing with the claims.

Book 5
Document and Exchange Process

Unofficial table of contents

§ 592 Admissibility

A claim which relates to the payment of a certain amount of money or to the performance of a certain quantity of other defensible items or securities may be claimed in the document of the document, if all the reasons for the justification of the The necessary facts can be proven by documents. A claim for payment of a sum of money shall also apply to a mortgage, a basic debt, a pension debt or a ship's mortgage. Unofficial table of contents

§ 593 Klageinhalt; UrCustomers

(1) The action must include the declaration that the document is being filed in the document. (2) The documents must be accompanied by a copy of the complaint or a preparatory document. In the latter case, between the delivery of the pleadings and the date for oral proceedings must be one of the periods of entry for the same period. Unofficial table of contents

§ 594

(dropped) Unofficial table of contents

§ 595 No counterclaim; Evidence

(1) Reactions are not permitted. (2) As evidence, only documents and requests for party questioning are admissible with regard to the authenticity or validity of a document as well as to the facts other than the facts mentioned in § 592. (3) The document of the certificate can only be initiated by the presentation of the documents. Unofficial table of contents

§ 596 Abuse of the customer process

The plaintiff may, without the defendant's consent, dispel from the court proceedings until the end of the oral proceedings, in such a way that the legal dispute remains pending in the ordinary proceedings. Unofficial table of contents

Section 597 Clay-off

(1) In so far as the claim claimed in the action is in itself or as a result of an objection of the defendant as unfounded, the plaintiff is to be dismissed with the claim. (2) If the original customer process is unlawfully, the plaintiff is in particular a where the evidence does not appear with the evidence admissible in the document process or is not fully conducted with such evidence, the action shall be dismissed as undue in the chosen process type, even if the date of the appeal is to be the defendant's oral proceedings have not appeared or the action is only due to Objecting to objections which are legally unfounded or undue in the process of the customer's document. Unofficial table of contents

Section 598 Rejection of objections

Objections of the defendant are, if the evidence provided to the defendant does not appear with the evidence admissible in the document process or is not fully guided with such evidence, than to reject the undue payment in the document of the document. Unofficial table of contents

Section 599 Subject-of-reservation

(1) In all cases in which he is convicted of withholding the execution of his or her rights, the defendant, which has contradicted the claim asserted, shall be withheld. (2) If the judgment does not contain a caveat, the addition of the judgment may be granted in accordance with the Regulation of § 321. (3) The judgment, which is subject to the rights, is to be regarded as a final part of the legal remedy and the enforcement of the law. Unofficial table of contents

§ 600 Post-procedure

(1) If the defendant is reserved for the execution of his rights, the legal proceedings shall remain pending in accordance with the ordinary procedure. (2) Insofar as this procedure shows that the claim of the plaintiff was unfounded, the provisions of § 302 shall apply. (3) In this case, a party does not appear, the provisions relating to the judgment of failure shall be applied mutas to the provisions of the judgment. Unofficial table of contents

§ 601

(dropped) Unofficial table of contents

§ 602 Exchange Process

If claims arising from changes in the meaning of the Exchange Act are asserted in the course of the customer process (change process), the following special provisions shall apply. Unofficial table of contents

§ 603 Place of jurisdiction

(1) Exchange actions may be made at the court of the place of payment as at the court where the defendant has its general place of jurisdiction. (2) If several persons liable to change are to be convicted in a joint manner, except for the Court of payment of any court in which one of the defendants has its general place of jurisdiction. Unofficial table of contents

Section 604 Content of the assets; charge period

(1) The lawsuit must contain the statement that it is being charged in the exchangeable process. (2) The charge period shall be at least 24 hours if the charge is delivered to the location, which is the seat of the trial court. In lawyers ' processes, it shall be at least three days if the cargo is delivered at another location located in the district of the court of the proceedings or of which part belongs to its district. (3) In the higher instances, the charge period shall be at least 24 hours if the notification of the appointment or revision of the place of appeal or of the summons is carried out in the place where the seat of the higher court is established; at least three days if the service is to be delivered in another place, the whole or part of the service in which A district court district where the higher court has its registered office; at least one week if the Delivery is otherwise effected domestily. Unofficial table of contents

Section 605 Evidence of evidence

(1) To the extent that it is not necessary for the maintenance of the reciprocal claim of the timely protester survey, it is permissible as evidence in relation to the consideration of the exchange of the application for party interrogation. (2) To take into account a side request it is enough that it is made credible. Unofficial table of contents

§ 605a Schake process

If claims arising from cheques within the meaning of the Scheckgesetz (cheque process) are asserted in the course of the customer process (check process), § § 602 to 605 shall be applied accordingly.

Book 6
(dropped)

Unofficial table of contents

§ § 606 to 687 (omitted)

Book 7
Mahnation

Unofficial table of contents

Section 688 Admissibility

(1) Due to a claim which has the object of payment of a certain sum of money in euros, a letter of formal notice must be issued at the request of the applicant. (2) The payment procedure does not take place:

1.

for the claims of an entrepre from a contract in accordance with § § 491 to 509 of the Civil Code, if the effective annual interest to be specified in accordance with § 492 (2) of the Civil Code applies the basic interest rate applicable at the conclusion of the contract in accordance with § 247 of the Civil Code by more than 12 percentage points;

2.

if the assertion of the claim is dependent on a consideration not yet provided;

3.

if the notification of the letter of payment should be made by means of a public notice.

(3) Should the letter of formal notice be sent abroad, the payment procedure shall only take place in so far as the Recognition and Enforcement Execution Act of 19 February 2001 (BGBl. (4) The provisions of Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 on the introduction of a European order for payment procedure remain unaffected. § § 1087 to 1096 shall apply to the implementation. Unofficial table of contents

Section 689 Jurisdiction; machine processing

(1) The order for payment procedure shall be carried out by the local courts. Machine processing is permitted. In the case of this processing, inputs shall be completed at the latest on the working day following the date of receipt. The files may be kept in electronic form (§ 298a). (2) The administrative court, in which the applicant has its general place of jurisdiction, shall be the exclusive jurisdiction of the court. If the applicant does not have a general place of jurisdiction in Germany, the District Court of Wedding in Berlin is solely responsible. Sentences 1 and 2 shall also apply to the extent that another exclusive competence is determined in other provisions. (3) The State Governments are authorized, by means of a legal order, to order a court order for the districts of several local courts. when it serves their faster and more rationally. The allocation may be limited to payment methods which are machine-edited. The state governments can transfer the authorization to the Land Justice Administrations by means of a legal regulation. Several countries can agree to the jurisdiction of a local court beyond the national borders. Unofficial table of contents

Section 690 Request for payment

(1) The application must be aimed at the adoption of a letter of formal notice and shall include:

1.

the designation of the parties, their legal representatives and the representatives of the process;

2.

the name of the court at which the application is made;

3.

the designation of the claim under certain indication of the required service; main and ancesial claims are to be described separately and individually, claims arising from contracts pursuant to sections 491 to 509 of the Civil Code, including the the date of the conclusion of the contract and of the annual percentage rate of charge to be issued in accordance with section 492 (2) of the Civil Code;

4.

the declaration that the claim does not depend on a consideration or that the consideration is provided;

5.

the name of the court which is responsible for a contested procedure.

(2) The application shall require a handwritten signature. (3) The application may be submitted in a form which is only machine-readable if it appears appropriate to the Court for its machine processing. If the application is filed by a lawyer or a registered person in accordance with § 10 (1) sentence 1 no. 1 of the Legal Services Act, only this form of application is admissible. A handwritten signature shall not be required if it is ensured in a different way that the application is not submitted without the will of the applicant. Unofficial table of contents

Section 691 Rejection of the order for payment

(1) The application shall be rejected:

1.

if it does not comply with the provisions of § § 688, 689, 690, 703c para. 2;

2.

if the letter of formal notice cannot be issued only on account of part of the claim.

The applicant must be heard before the refoulement. (2) Should a time limit be maintained by the notification of the letter of payment, or if the limitation period begins anew or is inhibited in accordance with Section 204 of the Civil Code, the effect shall be met with the Submission or affixing of the application for the remission of the letter of notice if the application has been filed within one month from the date of notification of the rejection of the application and the application is delivered in the near future. (3) The immediate A complaint shall be made if the application is submitted in a form which is only machine-readable; and has been rejected on the grounds that this form is not liable to the court for its machine processing. Moreover, decisions referred to in paragraph 1 shall be indisputable. Unofficial table of contents

§ 692 Mahnbescheid

(1) The letter of formal notice shall include:

1.

the requirements of the application referred to in Article 690 (1) (1) to (5);

2.

an indication that the Court of First Instance has not examined whether the applicant is entitled to the claimed claim;

3.

the request, within two weeks from the date of notification of the notice of payment, in so far as the claimed claim is considered to be justified, the alleged debt shall, in addition to the required interest and the costs referred to in , whether or not to inform the Court of Justice whether and to what extent the claim invoked is contradicted;

4.

an indication that a notice of enforcement of the order for enforcement may be taken, from which the applicant may pursue enforcement if the defendant has not objected to the expiry date;

5.

in the case where forms are introduced, the notice that the objection is to be made with a form of the attached type, which can also be obtained from each local court and which may be completed;

6.

in the event of the appeal, the announcement to which court the case is made, with the indication that the court remains subject to the examination of its jurisdiction.

(2) In place of a handwritten signature, a corresponding stamp imprint or an electronic signature is sufficient. Unofficial table of contents

Section 693 Delivery of the Mahnmodest

(1) The letter of formal notice shall be sent to the defendant. (2) The office shall inform the applicant of the notification of the letter of formal notice. Unofficial table of contents

Section 694 objection to the letter of formal notice

(1) The defendant may object to the claim or part of the claim to the court which has issued the notice of formal notice in writing, as long as the order of enforcement is not available. (2) A late appeal shall be deemed to be a Objection treated. This shall be communicated to the respondent who has raised the opposition. Unofficial table of contents

Section 695 Notification of the objection; copies

The Court of First Instance shall inform the applicant of the opposition and of the date of its collection. If the payment method is not processed by machine, the defendant shall submit the required number of copies with the objection. Unofficial table of contents

Section 696 Procedure according to opposition

(1) If an objection is filed in good time and if a party requests the conduct of the proceedings in dispute, the court which has issued the letter of formal notice shall issue the dispute to the court of office of its own motion, which shall be subject to the letter of formal notice pursuant to Section 692 Paragraph 1, point 1, if the parties agree to require the submission to another court, to that court. The application may be included in the request for the adoption of the letter of formal notice. The charge shall be communicated to the parties; it shall not be countervailable. The legal dispute shall be deemed to have been pending before the Court of First Instance has received the files to which it is made. § 281 (3) sentence 1 applies accordingly. (2) If the payment procedure has been processed by machine, if the file is not transmitted electronically, the file shall be replaced by a machine-produced file-expression. For these, the rules on the validity of public documents shall apply accordingly. § 298 shall not apply. (3) The dispute shall be deemed to have been legally valid with the notification of the notice of formal notice if it is delivered immediately after the appeal has been raised. (4) The request for the execution of the proceedings in dispute may have been filed until the end of the proceedings. The beginning of the oral proceedings of the defendant is to be withdrawn to the main object. The withdrawal can be declared in front of the office. The Court of First Instance, to which the lawsuit is made, is not bound by it in its jurisdiction. Unofficial table of contents

Section 697 Introduction of the dispute settlement procedure

(1) The office of the General Court to which the dispute is to be made shall immediately give the applicant the reasons for his claim within two weeks in a form corresponding to the application. Section 270, second sentence shall apply. (2) On receipt of the reasoned opinion, proceedings shall be continued as after receipt of a claim. The written plea in the preliminary proceedings pursuant to § 276 may also be subject to a time-limit commencing with the delivery of the claim justification. (3) If the claims justification is not received in due time, the date of receipt of the claim shall be made up to the date of receipt of the claim. Oral proceedings only at the request of the respondent. By determining the date of appointment, the chairman shall set a time limit for the applicant to justify the claim; § 296 (1), (4) shall apply. (4) The defendant may, until the beginning of his oral proceedings, be the main object of the opposition. , but not after the adoption of a failure judgment against it. The withdrawal can be explained to the minutes of the office. (5) For the purpose of producing a judgment in abbreviated form in accordance with § 313b (2), § 317 (5), the letter of formal notice may be used instead of the application. If the payment method has been processed by machine, the file expression produced by machine shall be replaced by the application of the document. Unofficial table of contents

Section 698 levy of the proceedings in the same court

The provisions relating to the delivery of the proceedings shall apply mutatiously if the procedure for payment of a payment procedure and the proceedings in dispute are carried out in the same court. Unofficial table of contents

Section 699 Enforcement order

(1) On the basis of the letter of formal notice, the Court of First Instance shall, upon request, issue an order for enforcement if the defendant has not filed an objection in time. The application may not be filed before the expiry of the opposition period; it shall contain the declaration as to whether and which payments have been made to the letter of formal notice; § 690 (3) sentences 1 and 3 shall apply accordingly. If the legal dispute has already been handed over to another court, that court shall issue the order for enforcement. (2) Insofar as the payment procedure is not dealt with by machine, the order of enforcement may be placed on the letter of formal notice. (3) In the The costs of the proceedings which have been incurred up to now have to be included in the decision to execute The applicant needs to calculate the costs only if the payment method is not processed by machine; otherwise, the information required for the machine calculation is sufficient. (4) The order for enforcement is due to the defendant of the office of office. , unless the applicant has requested the transfer in the party establishment to be delivered. In such cases, the declaration of enforcement shall be forwarded to the applicant for service; the office of the Tribunal shall not communicate that service. If the court seised of the order for payment is granted the public service, the notification shall be attached to the court of law of the court or set in the information system of the court in accordance with the second sentence of Article 186 (2) and (3) of the Court of First Instance, (5) The instruction in accordance with § 232 must be communicated to the defendant in writing together with the delivery of the enforcement order. Unofficial table of contents

Section 700 objection to the declaration of enforceable

(1) The declaration of enforcement shall be equal to a judgment which is declared to be provisionally enforceable. (2) The dispute shall be deemed to have been legally enforceable. (3) If an opposition is lodged, the Court of First Instance shall give the right to appeal. In the event of an enforcement order, the court shall, on the grounds of its own motion to the court which has been referred to in the letter of formal notice pursuant to Section 692 (1) (1), if the parties, in accordance with the law, require the submission to another court, to the court. § 696 (1) sentence 3 to 5, para. 2, 5, § 697 (1), (4), § 698 apply accordingly. § 340 (3) shall not apply. (4) At the time of receipt of the grounds for entitlement, proceedings shall be continued as after receipt of an action if the objection is not rejected as inadmissible. § 276 (1) sentence 1, 3, para. 2 shall not apply. (5) If the grounds of claim are not within the time limit set by the office and if the opposition is not rejected as inadmissible, the chairman shall determine the date immediately; § 697 (3) sentence 2 shall apply accordingly. (6) The objection may only be rejected in accordance with Section 345, in so far as the conditions of § 331 (1), (2), first half-sentence for a failure of judgment are available; if the conditions are not available, the Enforceable decision repealed. Unofficial table of contents

Section 701 omission of the effect of the letter of payment

If there is no objection, and if the applicant does not apply for the adoption of the enforcement order within a six-month period commencing with the notification of the letter of formal notice, the effect of the letter of formal notice shall be taken away. The same shall apply if the notice of enforcement is requested in good time, but the application is rejected. Unofficial table of contents

Section 702 Form of applications and declarations

(1) Applications and declarations may be submitted to the Office of the Office of the Office by the order for payment procedure. Where forms have been introduced, they shall be completed and the official shall, stating the court and the date, record the application or the declaration. Even where forms have not been introduced, the application for a letter of payment or a decision of enforcement shall not be required in the case of the court responsible for the payment procedure. (2) The request for adoption of the application for a request for a request for a request for a request for a request for a request for a request for a request for a The defendant shall not be informed of an order for payment or of a full-length notification. Unofficial table of contents

§ 703 No evidence of atrocity

The proof of a full power does not need to be carried out in the order for payment. Any person who submits an application or submits an appeal shall insure his or her duly authorised representative. Unofficial table of contents

Section 703a Certificates of documents, bills of exchange and cheques

(1) If the applicant's application is directed to the adoption of a document of documents, bills of exchange or cheque, the letter of formal notice shall be referred to as a document of documents, bills of exchange or cheque. (2) For the document, exchange and cheque payment methods the following special provisions shall apply:

1.

the designation as a document of documents, bills of exchange or cheque has the effect that the dispute shall be brought before the act of the document, change or cheque process, if there is a timely appeal;

2.

the documents shall be referred to in the application for the adoption of the letter of payment and in the letter of formal notice; if the matter is to be handed over to the dispute court, the documents must be accompanied by the original or in the copy of the grounds for the claim;

3.

in the order for payment procedure, it is not necessary to check whether the type of process chosen is statthed;

4.

the opposition to the request to reserve the defendant the execution of his or her rights shall be subject to the enforcement order under this reservation. The procedure of § 600 is to be applied in accordance with the further procedure.

Unofficial table of contents

Section 703b Special arrangements for machine processing

(1) In the case of machine processing, decisions, orders, copies and enforceable clauses shall be provided with the court seal; a signature shall not be required. (2) The Federal Minister of Justice shall be authorized to enter into force by means of a legal regulation. Consent of the Federal Council to settle the course of proceedings in so far as this is necessary for a uniform machine processing of the payment procedures (procedural plan). Unofficial table of contents

§ 703c Forms; introduction of machine processing

(1) The Federal Minister of Justice is authorized to introduce forms by means of a decree law with the consent of the Federal Council for the simplification of the order for payment procedure and for the protection of the party in question. For

1.

Mahny proceedings in the courts which machine the procedures,

2.

Legal proceedings in the case of courts which do not machine the procedures by machine,

3.

Methods of payment in which the letter of formal notice is to be sent abroad,

4.

Mahn-proceedings in which the letter of formal notice referred to in Article 32 of the Additional Agreement to the NATO Staff Regulations of 3 August 1959 (BGBl. 1961 II p. 1183, 1218),

(2) If forms for applications and declarations of the parties are introduced in accordance with the provisions of paragraph 1, the parties must use their forms. (3) The national governments determine by means of a legal regulation the following: The date on which the court proceedings are dealt with by a local court, which may transfer the authorisation to the State Justice Administrations by means of a decree-law. Unofficial table of contents

§ 703d Application opponent without a general national court

(1) If the defendant does not have a general place of jurisdiction in the country, the following special provisions shall apply. (2) The official court, which would be responsible for the proceedings in dispute, shall be entitled to the order for payment proceedings if the court of office is competent to: would be responsible, in the first legal proceedings, without restriction. Section 689 (3) shall apply accordingly.

Book 8
Enforcement

Section 1
General provisions

Unofficial table of contents

Section 704 Enforceable final parts

Enforcement shall take place on the basis of final parts which have been declared legally enforceable or provisionally enforceable. Unofficial table of contents

Section 705 Form of formal legal force

The legal force of the judgments does not enter into force before the expiry of the time limit set for the application of the admissible legal remedy or the admissible opposition. The entry of the legal force shall be inhibited by the timely filing of the appeal or the opposition. Unofficial table of contents

Section 706 Legal and emergency certificates

(1) Testimonies concerning the legal force of the judgments are, on the basis of the proceedings, by the office of the court of the first legal train and, as long as the lawsuit is pending in a higher legal suit, from the office of the court of this (2) As far as the issuing of the certificate depends on the fact that an appeal is not appealed against the judgment, the office of the court of the first legal proceedings shall seek the right of appeal to the office of the legal remedy for the appeal , a communication in text form to the effect that a notification shall be published in the form of a notification in writing Legal notice not submitted. A communication by the office of the Revisionsgericht that an application for approval of the revision according to § 566 is not filed, does not require. Unofficial table of contents

Section 707 The inversion of the enforcement of the enforcement order

(1) If the reinstatment is requested at the previous stand or a retrial, or the complaint is filed under Section 321a, or if the lawsuit is continued after the proclamation of a conditional judgment, the court may, upon request, Order that the enforcement of the enforcement order against or without security shall be suspended, or that the enforcement shall take place only in respect of security, and that the rules on enforcement of security shall be repealed. The cessation of enforcement without security shall be permitted only if it is made credible that the debtor is not in a position to perform the security and that enforcement would have a disadvantage which would not be replaced. (2) The decision shall be taken by decision. The decision shall not be subject to any dispute. Unofficial table of contents

Section 708 Preliminary enforceability without security

To be provisionally enforceable without a guarantee of safety:

1.

Judgments delivered on the basis of an acknowledgements or waiver;

2.

Judgments and judgments in the case of the files against the defaulting party pursuant to § 331a;

3.

Judgments by which, pursuant to Section 341 of the opposition, the opposition shall be rejected as inadmissible;

4.

Judgments handed down in the document, change or cheque process;

5.

Judgments delivered in the judgment, change or cheque process shall be declared unreserved;

6.

Judgments in which armies or injunctions are rejected or repealed;

7.

Judgments in disputes between the landlord and the renter or subtenant of living rooms or other rooms or between the tenant and the subtenant of such rooms for the purposes of omission, use or eviction, for the continuation of the tenancy agreement on housing based on § § 574 to 574b of the Civil Code as well as the retention of the goods put into the rental rooms by the tenant or the subtenant;

8.

Judgments in respect of the obligation to pay pensions due to the withdrawal of a maintenance claim or pensions due to injury to the body or health, provided that the time after the action has been taken into account and relates to the last quarter preceding it;

9.

Judgments in accordance with § § 861, 862 of the Civil Code on the re-establishment of possession or on the elimination or omission of a property disorder;

10.

Judgments of appeal in property disputes. If the appeal is rejected by a judgment or a decision pursuant to Section 522 (2), it is to be said that the judgment under appeal is provisionally enforceable without a guarantee of security;

11.

Other judgments in property disputes where the subject-matter of the conviction in the main case does not exceed 1,250 Euro or if only the decision on the costs is enforceable and an enforcement in the value of no more than 1,500 euros.

Unofficial table of contents

Section 709 Preliminary enforceability against security

Other judgments shall be declared to be provisionally enforceable against a level of security to be determined. To the extent that it is necessary to execute a monetary claim, it is sufficient for the amount of the security to be given in a certain proportion to the amount of the amount to be carried out. If it is a judgment which maintains a judgment of failure, it is to be said that the execution of the judgment may only be continued against the performance of the security. Unofficial table of contents

Section 710 Exceptions to the creditor's security

If the creditor is unable to afford the security pursuant to Section 709, or only with considerable difficulty, the judgment shall be declared enforceable on request even without a guarantee of security, if the suspension of the execution of the creditor has been suspended. would be a difficult or difficult to see disadvantage, or would be uncheap for any other reason for the creditor, in particular because he urgently needs the performance for his or her standard of living or gainful employment. Unofficial table of contents

Section 711 Enforcement of the application

In the cases of § 708 No. 4 to 11, the court has to say that the debtor is entitled to wade enforcement through security or deposit, if the creditor does not provide security before the execution. Section 709, second sentence, shall apply mutatically, however, to the debtor, on the understanding that security must be provided in a certain proportion to the amount of the amount enforceable on the basis of the judgment. For the creditor, § 710 shall apply accordingly. Unofficial table of contents

Section 712 Protection request of the debtor

(1) If the execution of enforcement is not to be brought to a disadvantage by the debtor, the Court of First Instance shall, on request, authorise it to execute the enforcement by means of security or deposit without regard to a guarantee of security of the § 709 sentence 2 shall apply in the cases of § 709 sentence 1 accordingly. If the debtor is not in a position to do so, the judgment shall not be declared provisionally enforceable or the enforcement shall be limited to the measures referred to in § 720a (1), (2). (2) The debtor's request shall not be in accordance with the terms of the judgment. if there is an overriding interest in the creditor. In the cases of § 708 the court may order that the judgment can only be carried out provisionally against the security performance. Unofficial table of contents

Section 713 Undertaking of debtor protection orders

The arrangements approved in favour of the debtor in accordance with § § 711, 712 shall not be issued if the conditions under which an appeal against the judgment takes place are unquestionably not available. Unofficial table of contents

Section 714 Applications for provisional enforceability

(1) Applications in accordance with § § 710, 711 sentence 3, § 712 shall be submitted before the end of the oral proceedings to which the judgment is delivered. (2) The actual requirements shall be made credible. Unofficial table of contents

Section 715 Return of security

(1) The court which has ordered or admitted a security performance of the creditor shall, upon request, arrange for the return of the security if a certificate of the legal force of the judgment declared provisionally enforceable is presented. If the security has been brought about by a guarantee, the court orders the erasance of the guarantee. (2) § 109 para. 3 shall apply accordingly. Unofficial table of contents

Section 716 Supplement to the judgment

If the provisional enforceability is not decided, the provisions of § 321 shall apply due to the addition of the judgment. Unofficial table of contents

Section 717 Effects of a repeal or a changing judgment

(1) The provisional enforceability shall not enter into force when the judgment in the main proceedings or the declaration of enforceability is annulled or amended, to the extent that the repeal or amendment is replaced. (2) for a judgment which has been provisionally declared enforceable or amended, the plaintiff shall be obliged to compensate for the damage caused to the defendant by the execution of the judgment or by a performance rendered for the purpose of wasting the execution of the judgment. has been created. The defendant may claim the right to compensation for damages in the pending litigation; if the claim is made, he shall be deemed to have been legally valid at the time of payment or performance. (3) The provisions of paragraph 2 shall be to the judgments referred to in Article 708 (10), with the exception of failure to comply with the provisions of the failure to comply with the judgment. To the extent that such a judgment is annulled or amended, the plaintiff shall be sentenced, at the defendant's request, to the reimbursement of the amount paid or rendered by that defendant on the basis of the judgment. The plaintiff's obligation to grant is determined in accordance with the rules on the issuance of unjustified enrichment. Where the application is made, the right to a refund shall be deemed to have become legally valid at the time of payment or performance; the effects of the right of justice under the provisions of the civil law shall be deemed to have been paid; or performance even if the application is not made. Unofficial table of contents

Section 718 Preliminary ruling on provisional enforceability

(1) In the Appellate Body, the provisional enforceability must be negotiated and decided upon at the request. (2) The decision taken in the Appellate Body on the provisional enforceability shall not be challenged. Unofficial table of contents

Section 719 A cessation of appeal in the case of appeal and opposition

(1) If a judgment of the opposition or the appeal is filed against a judgment which is declared to be provisionally enforceable, the provisions of Section 707 shall apply accordingly. The enforcement from a judgment in default may only be set against a security benefit, unless the judgment of the failure has not been lawfully issued or the defaulting party credibly makes that its abominable (2) If a revision is filed against a judgment which has been declared provisionally enforceable, the Revisionsgericht shall, upon request, order that the enforcement be suspended in the event that the execution of the sentence is not carried out by the debtor would bring to a replacement disadvantage and not an overriding interest of the Creditors opting. The parties shall have the actual conditions to be satisfied. (3) The decision shall be taken by decision. Unofficial table of contents

Section 720 Deposit of execution of execution

If the debtor may, according to § 711 sentence 1, § 712 (1) sentence 1, turn the execution by security or deposit, then the money or the proceeds of paved objects shall be deposited. Unofficial table of contents

§ 720a Enforcement

(1) From a judgment which is provisionally enforceable against security and by which the debtor has been convicted of the performance of money, the creditor shall be entitled to carry out the enforcement in so far as he does not have a guarantee of security;

a)

Movable property shall be paved,

b)

in the course of the foreclosure of the immovable property, a backup mortgage or a ship's mortgage shall be entered.

The creditor can only satisfy himself from the subject matter subject to security. (2) For the enforcement of the movable property, § 930 (2), (3) shall apply. (3) The debtor shall be entitled to execute the enforcement of the law in accordance with the provisions of Paragraph 1 shall be averted by the performance of a security at the level of the main claim for which the creditor is able to execute, unless the creditor has previously provided the security he has provided for. Unofficial table of contents

Section 721 Deadline

(1) Where the eviction of housing is recognised, the court may, on request or on its own account, grant the debtor an appropriate period of eviction in the event of a reasonable period of clearance. The request shall be made before the conclusion of the oral proceedings on which the judgment is delivered. If the application has been bypassed in the decision, § 321 applies; pending the decision, the court may, upon request, stop the enforcement of the eviction for the application of the eviction. (2) Is recognized for future eviction and over a clearance period no decision has yet been taken, the debtor may be granted an application for an appropriate clearance period if he or she so requests not later than two weeks before the date on which the judgment is to be vacated. § § 233 to 238 apply analogously. (3) The eviction period can be extended or shortened on request. The application for renewal shall be submitted no later than two weeks before the expiry of the clearance period. § § 233 to 238 apply analogously. (4) The Court of Appeal shall decide on requests pursuant to paragraphs 2 or 3 for as long as the case is pending in the appellate instance. The decision shall be taken by decision. Before the decision, the opponent is to be heard. The court has the power to issue the orders referred to in § 732 (2). (5) The eviction period shall not exceed one year in total. The period of the year shall count from the date of the judgment of the judgment or, if after a judgment, to be vacated on a later date, from that date. (6) The immediate appeal shall take place.

1.

against verdicts which are recognised for the evacuation of housing, where the appeal is directed only against the failure to grant, grant or measure an eviction period;

2.

to take decisions on requests referred to in paragraphs 2 or 3.

(7) Paragraphs 1 to 6 shall not apply to rental conditions relating to housing within the meaning of Section 549 (2) (3), and in the cases of Section 575 of the Civil Code. If a lease ends within the meaning of Section 575 of the Civil Code by extraordinary termination, an eviction period may be granted at most until the contractually determined time of termination. Unofficial table of contents

Section 722 enforceability of foreign judgments

(1) Forced enforcement only takes place from the judgment of a foreign court if its admissibility is pronounced by a judgment of enforcement. (2) For the action to be brought before the judgment, the district court or district court, in which the court or district court is The debtor has his general place of jurisdiction, and otherwise the local court or district court, in which proceedings may be brought against the debtor pursuant to Section 23. Unofficial table of contents

Section 723 Judgment of enforcement

(1) The judgment of enforcement shall be adopted without examination of the legality of the decision. (2) The judgment of enforcement shall not be issued until the judgment of the foreign court, in accordance with the law applicable to that court, has the legal force. . It is not to be issued if the recognition of the judgment according to § 328 is excluded. Unofficial table of contents

Section 724 Enforceable copy

(1) Enforcement shall be carried out on the basis of a copy of the judgment (enforceable copy) provided with the Enforcement Clause. (2) The enforceable copy shall be made by the official of the Office of the Court of First Instance of the first legal proceedings and, if the dispute is pending before a higher court, by the official of the Office of the Court of First Instance of that court. Unofficial table of contents

Section 725 Enforcement Clause

The Enforcement Clause:
" The above is going to be done, etc. (name of the party) granted for the purpose of foreclosure "
shall be accompanied by the copy of the judgment at the end of the document, to be signed by the official of the Office of the Office and shall be accompanied by the court's seal. Unofficial table of contents

Section 726 Enforceable handling of conditional benefits

(1) A enforceable copy may only be issued from judgments whose enforcement, according to their content, depends on the entry by the creditor of a fact other than a security provided to the creditor, if the proof is carried out by public or publicly certified documents. (2) If the execution of the creditor's performance by a train is suspended from the debtor's performance, the proof that the debtor is satisfied or in the Default of acceptance is required only if the performance of the debtor is in the the submission of a declaration of intent. Unofficial table of contents

Section 727 Enforceable copy for and against legal successor

(1) A enforceable copy may be made for the legal successor of the creditor referred to in the judgment and against the legal successor of the debtor designated in the judgment and the holder of the object in dispute, against where the judgment pursuant to section 325 is effective, provided that the succession or the ownership of the court is manifestly or is evidenced by public or publicly certified documents. (2) The succession or the legal succession shall be In the case of the Court of First Instance, this is evident in the The enforcement clause should be mentioned. Unofficial table of contents

Section 728 Enforceable copy of a repatriation or executor of the executor

(1) If a judgment in accordance with § 326 has been handed down to the descendor in relation to the former, the provisions of § 727 shall apply accordingly to the issue of a enforceable copy for and against the subsequent inherit. (2) The same shall apply to the following. if, in the case of a executor of the executor, a judgment which is effective in relation to the heir pursuant to section 327 has been issued to the heir, the granting of a enforceable copy for and against the heir shall apply. An enforceable copy can be issued against the heir, even if the administration of the executor is still in place. Unofficial table of contents

Section 729 Enforceable handling of assets and corporate customers

(1) If a person has acquired the assets of another by contract with him after the final determination of a debt of the other, the provisions shall be subject to the grant of a enforceable copy of the judgment against the contractor. (2) The same shall apply to the issue of a enforceable copy against the person who continues a trading business acquired under the life of the former company, in the interest of the liabilities, for: which is liable pursuant to section 25 (1) sentence 1, paragraph 2 of the Commercial Code, provided that it is Acquisition of the business against the former holder has been legally established. Unofficial table of contents

Section 730 Consultation of the debtor

In the cases of Section 726 (1) and § § 727 to 729, the debtor may be heard before the issue of the enforceable copy. Unofficial table of contents

Section 731 Action for the granting of the enforcement clause

If the proof required pursuant to Section 726 (1) and § § 727 to 729 cannot be conducted by public or publicly certified documents, the creditor shall, in the proceedings of the proceedings of the first legal proceedings, have the right to issue the judgment of the Enforcement clause to be brought before the Court of Judgment. Unofficial table of contents

Section 732 Reminder of the granting of the enforcement clause

(1) In the event of any objection by the debtor concerning the admissibility of the order for the enforcement of the order, the Court of First Instance shall decide upon which the order of enforcement shall be issued by the office of the debtor. The decision shall be taken by decision. (2) The court may issue an injunction before the decision; it may, in particular, arrange for the enforcement of enforcement against or without security to be established or only to be imposed on the courts. to continue against security. Unofficial table of contents

Section 733 Further enforceable copy

(1) Prior to the grant of a further enforceable copy, the debtor may be heard, unless the first-granted copy is returned. (2) The office of the debtor has the opponent in the process of issuing the further copy. (3) The further copy is to be expressly designated as such. Unofficial table of contents

Section 734 Note on the issuing of the judgment on the judgment in the judgment

Prior to handing out a enforceable copy, the original document of the judgment must be noted for which party and at what time the copy is issued. If the process files are carried out electronically, the endorsement shall be recorded in a separate electronic document. The document is inextricably linked to the judgment. Unofficial table of contents

Section 735 Forced enforcement against unlawfully capable association

A sentence passed against the association is sufficient for the enforcement of the assets of an unlawfully capable association. Unofficial table of contents

Section 736 Forced enforcement against BGB-Gesellschaft

In order to enforce the company's assets under the company assets of a company entered into under Section 705 of the Civil Code, a judgment against all members is required. Unofficial table of contents

Section 737 Forced enforcement of property or inheritance rights

(1) In the case of the use of a property on a property, the compulsory execution in the goods subject to the usufruction shall be permissible without regard to the consumption of the goods, on account of the obligations of the orderer incurred prior to the order for the purchase of the goods, if the orderer is convicted of the performance and the usher for the acquiescence of the foreclosure. (2) The same shall apply in the case of the usufruction of an inheritance for the liabilities of the estate. Unofficial table of contents

Section 738 Enforceable copy-out against riveting bream

(1) Where the order for the use of a property on a property takes place after the final determination of a debt of the purchaser, the issue of a copy of the goods subject to the goods subject to the use of the goods shall be subject to an enforceable copy of the goods subject to the To apply the provisions of § § 727, 730 to 732 in accordance with § § 727, 730 to 732. (2) The same applies to the usufruct of an inheritance for the issue of a enforceable copy of the judgment handed down against the deceased. Unofficial table of contents

Section 739 The presumption of detention in the case of forced enforcement against spouses and life partners

(1) If the creditor of a husband or the creditor of a wife is suspected in accordance with Section 1362 of the Civil Code that the debtor is the owner of movable property, without prejudice to the rights of third parties, it shall apply to the implementation of the (2) Paragraph 1 applies accordingly to the presumption of Section 8 (1) of the Life Partnership Act in favour of the creditors of one of the life partners. Unofficial table of contents

§ 740 Forced enforcement in the total good

(1) Life of the spouses in the goods community and administers one of them the total good alone, so a judgment against the spouse is necessary for the enforcement of the whole good and sufficient. (2) Manage the spouses the total good The compulsory enforcement of the total good shall be permitted only if both spouses are convicted of performance. Unofficial table of contents

Section 741 Forced execution in the total good at the labour market

If a spouse who lives in the community of goods and does not manage the entire good or manages the whole of the goods on his own, independently of his or her own business, a judgment against him shall be sufficient to enforce the enforcement of the contract in order to execute the enforcement of the contract, unless the Time of entry of the validity of the opposition of the other spouse against the operation of the acquisition business or the revocation of his/her consent to the holding was entered in the register of goods. Unofficial table of contents

Section 742 Enforceable copy of goods in the goods community during the litigation

If the goods community did not enter into force until after a lawsuit brought by a spouse or a spouse has become legally dependent, and if the spouse does not administer the total good or not on its own, then the grant of a to apply the provisions of § § 727, 730 to 732 in accordance with the provisions of Sections 727, 730 to 732, in view of the overall good, enforceable copy of the judgment for or against the other spouse. Unofficial table of contents

Section 743 End of the goods community

After the end of the goods community, the enforcement of the enforcement of the goods before the dispute is permissible only if both spouses are responsible for the performance or the one spouse for the performance and the other for the culling of the enforcement order. are condemned. Unofficial table of contents

Section 744 Enforceable copy of the contract for the end of the goods community

If the termination of the goods community has occurred after the end of a dispute by the spouse, which manages the total good on its own, the issue of a copy of the judgment in respect of the to apply the provisions of § § 727, 730 to 732 accordingly. Unofficial table of contents

Section 744a Forced enforcement in the property and property community

Pursuant to Article 234 (4) (2) of the Introductory Act to the Civil Code in the State of the Property of the Property and Property Community, the spouses are to be subject to enforcement in matters of Community property and property. § § 740 to 744, 774 and 860 shall apply accordingly. Unofficial table of contents

Section 745 Enforcement of enforcement in the case of continued goods

(1) In the case of the continued community of goods, a judgment given against the surviving spouse is necessary and sufficient for the enforcement of the total good. (2) After the end of the continued community of goods, the Regulations of § § 743, 744 with the proviso that the surviving spouse to the place of the spouse, who administers the entire good alone, to the place of the other spouse, the persons entitled to the convicted descendant shall be replaced by the person who is the subject of the entire good. Unofficial table of contents

Section 746

(dropped) Unofficial table of contents

Section 747 Forced enforcement in undivided discount

In order to enforce the law in a discount, if several heirs are present, a judgment delivered against all heirs is required until the division. Unofficial table of contents

Section 748 Forced enforcement of executors of wills

(1) If a succession of the administration of a executor of the executor is underlies, a judgment delivered against the executor of the executor shall be required for the enforcement of the executor and sufficient. (2) Only the executor of the executor shall be the person who is enforcing the executor. In the case of the administration of individual estate objects, the enforcement of these objects shall be permitted only if the heir to the performance, the executor of the executor is convicted for the culpation of the enforcement of the enforcement. (3) For the enforcement of the property in the case of paragraph 1, as in the case referred to in paragraph 2, a mandatory partial claim shall be a judgment delivered against the heir as opposed to the executor of the executor. Unofficial table of contents

Section 749 Enforceable copy for and against executors of wills

The provisions of § § 727, 730 to 732 shall apply mutatically to the granting of a enforceable copy of a judgment for or against the executor of the executor of the executor of the executor. On the basis of such a copy, enforcement shall be permitted only in the estate subject to the administration of the executor of the executor. Unofficial table of contents

Section 750 Conditions of foreclosure

(1) Forced enforcement may only begin if the persons for and against whom it is to take place are designated in the judgment or in the enforcement clause annexed thereto, and the judgment is already delivered or at the same time is delivered. A delivery by the creditor is sufficient; in this case, the preparation of the judgment does not need to contain facts and reasons. (2) If it is the execution of a judgment, its enforceable copy according to § 726 Paragraph 1 has been granted, or if a judgment which is effective pursuant to Sections 727 to 729, 738, 742, 744, Section 745 (2) and § 749 for or against any of the persons referred to therein, shall be enforced for or against any of these persons, in addition to the judgment to be executed, also the enforcement clause attached to it and, where the An enforcement clause is issued on the basis of public or publicly certified documents, and a copy of these documents shall also be delivered before the execution of the enforcement or at the same time as they are delivered at the beginning of the execution. (3) Enforcement in accordance with § 720a may only begin if the judgment and the enforcement clause are delivered at least two weeks before the date of enforcement. Unofficial table of contents

Section 751 Conditions for the beginning of the execution

(1) If the assertion of the claim is contingent upon the occurrence of a calendar day, the enforcement shall only commence if the calendar day has expired. (2) Enforcement of a security provided to the creditor shall be suspended. , the enforcement shall be commenced only or shall be continued only if the guarantee has been proved by a public or publicly certified certificate and a copy of that document has already been delivered, or at the same time. Unofficial table of contents

Section 752 Security performance in partial enforcement

If, in the case of Section 751 (2), the creditor is executing only on account of a partial amount, the amount of the security shall be determined according to the proportion of the partial amount to the total amount. If, in the cases of § 709, the debtor is allowed to execute the execution in accordance with the first sentence of Article 712 (1), sentence 1 shall apply mutamatters to the debtor. Unofficial table of contents

Section 753 Enforcement by court enforcing

(1) Forced enforcement shall, in so far as they are not assigned to the courts, be carried out by bailies which they have to effect on behalf of the creditor. (2) The creditor may, on the basis of the contract for the enforcement of the order, be responsible for the enforcement of the law. Take part in the involvement of the office. The bailie commissioned by the office is deemed to have been commissioned by the creditor. (3) The Federal Ministry of Justice is authorized to make binding forms for the order by means of a decree-law with the consent of the Federal Council. (2). Special forms can be provided for electronically submitted orders. Unofficial table of contents

Section 754 Enforcement order and enforceable copy

(1) The enforcement order and the handing over of the enforceable copy shall empower the court enforcer to receive and acknowledge the debtor's performance and to conclude payment agreements with effect on the creditor's creditor. in accordance with § 802b. (2) To the debtor and to third parties, the court enforcer shall be authorized by the possession of the enforceable copy for the execution of the enforcement of the enforcement and the acts referred to in paragraph 1. The defect or limitation of the order may not be claimed by these persons against the creditor. Unofficial table of contents

Section 755 Determination of the location of the debtor

(1) Where the residence or habitual residence of the debtor is not known, the court enforcer may, on the basis of the enforcement order and the handing over of the enforceable copy, to determine the whereabouts of the debtor (2) In so far as the place of residence of the debtor under paragraph 1 is not to be determined, the enforcator shall be entitled to:

1.

in the case of the Central Register of Foreigners The Information on the Office of the Foreigners Registration Office as well as on the withdrawal or continuation of the debtor and subsequently with the Foreigners Registration Office, which is responsible according to the information from the Foreign Central Register, the the place of residence of the debtor,

2.

in the case of the institutions of the statutory pension insurance, the current address, the current or future location of the debtor, and

3.

in the case of the Federal Motor Transport Authority, the holding data pursuant to section 33 (1) sentence 1 no. 2 of the Road Traffic Act

collect. If the debtor is a citizen of the Union, the bailider may only collect the data referred to in the first sentence of the first sentence if he has actual evidence of the presumption of the determination of non-existence or of the loss of the right of free movement. The transfer of the data referred to in the first subparagraph of point 1 to the bailier shall be excluded if the debtor is a citizen of the Union for which a determination of the non-existence or the loss of the right of free movement is not available. 1 (2) and (3) shall only apply to the enforcer if the claims to be enforced are equal to or greater than EUR 500; the costs of foreclosure and secondary claims shall be taken into account in the calculation only if the sole purpose of the calculation is to: Execution orders are. Unofficial table of contents

Section 756 Forced enforcement of the train by train

(1) In the event that the execution of a train to the debtor's performance by a train is suspended, the enforcer shall not be allowed to begin the enforcement of the foreclosure before giving the debtor the benefit due to him or her in one of the deprivation of the , unless proof that the debtor is satisfied or in default of acceptance is conducted by public or publicly certified documents, and a copy of these documents is already delivered or at the same time. (2) The bailider shall be allowed to use the Enforcement shall begin if the debtor declares on the court's literal offer that he will not accept the performance. Unofficial table of contents

Section 757 Submission of the title and receipt

(1) After receipt of the services, the bailider shall deliver the enforceable copy to the debtor, in addition to receipt of receipt, with partial performance to be noted on the enforceable copy and to the debtor's receipt of the receipt. (2) The right of the debtor to subsequently request a receipt of the creditor himself shall not be affected by these provisions. Unofficial table of contents

§ 758 Search; Violation of violence

(1) The bailiff shall be entitled to search the apartment and containers of the debtor, insofar as the purpose of enforcement requires this. (2) He is authorized to open the closed door doors, room doors and containers. (3) He shall be entitled to , if it finds resistance, is empowered to use force and, to that end, it can seek the support of police law enforcement bodies. Unofficial table of contents

Section 758a Judicial search order; Enforcement of the Untime

(1) The debtor's home shall be searched without his consent only on the basis of an order by the judge at the district court in whose district the search is to be carried out. This does not apply if the collection of the order would jeopardize the success of the search. (2) On the execution of a title on the eviction or delivery of rooms and on the execution of an arrest warrant in accordance with § 802g, paragraph 1 shall not apply. (3) if the debtor is willing to enter into the search or if an order has been issued against him pursuant to the first sentence of paragraph 1, or if it is not necessary in accordance with the second sentence of paragraph 1, persons who have a say in the home of the debtor shall have the search to tolerate. (4) The bailier does not accept an act of enforcement at night and on Sundays and public holidays, if this is an unbillable case for the debtor and the co-confisers. Hardness or the expected success is in an imbalance to the intervention, in apartments only on the basis of a special arrangement of the judge at the district court. The night time comprises the hours from 21 to 6 o'clock. (5) The order referred to in paragraph 1 shall be presented in the case of foreclosure. (6) The Federal Ministry of Justice shall be authorized, by means of a regulation with the consent of the Federal Council, forms for the Request for the adoption of a judicial search order as referred to in paragraph 1. Where forms are introduced in accordance with the first sentence, the applicant shall be required to use the forms. Different forms may be introduced for proceedings in the courts which process the procedures electronically and for proceedings in the case of courts which do not process the procedures electronically. Unofficial table of contents

Section 759 confiscation of witnesses

Where there is resistance in the case of an enforcement act, or in the case of an enforcement act to be carried out in the home of the debtor, neither the debtor nor an adult family member, a person employed in the family, or an adult permanent roommate is present, so the bailider has two adult persons or a community or police officer as witnesses to be taken. Unofficial table of contents

Section 760 File inspection; document transcript

Any person who is involved in the enforcement proceedings must be allowed to inspect the files of the bailier and copy individual documents. Where the documents of the bailier are carried out electronically, the granting of access to the file shall be effected by the issuing of printing, by the transmission of electronic documents or by reproduction on a screen; this shall also apply to the pursuant to section 885a (2), second sentence, of electronically stored files. Unofficial table of contents

Section 761

(dropped) Unofficial table of contents

Section 762 Protocol on Enforcement Acts

(1) The court enforcer shall have a record of each enforcement act. (2) The protocol shall contain:

1.

the place and time of the recording;

2.

the subject-matter of the enforcement action, with a brief reference to the essential operations;

3.

the names of the persons with whom the negotiations have been negotiated;

4.

the signature of such persons and the endorsement of the signing, after the lecture or presentation, for review and approval;

5.

the signature of the court enforcer.

(3) If any of the requirements referred to in point 4 cannot be satisfied, the reason shall be given. Unofficial table of contents

Section 763 Calls and notices

(1) The requests and other communications which belong to the acts of enforcement shall be issued orally by the court enforcer and shall be fully included in the minutes. (2) If this cannot be carried out orally, the Court enforcator shall deliver a copy of the protocol or send it through the post. It must be noted in the minutes that this provision has been followed. Public service does not take place. Unofficial table of contents

§ 764 Court of Enforcement

(1) The order of enforcement and participation of such persons assigned to the courts belongs to the jurisdiction of the local courts as enforceable courts. (2) The court of law is a court of enforcement unless the law is a different court of law (3) The decisions of the Court of Enforcement shall be taken by a decision. Unofficial table of contents

Section 765 Enforcement Court Orders on Performance Train to Train

Where the execution of a train by a train is subject to the creditor's performance to the debtor's performance, the enforcement court may order a rule of enforcement only if:

1.

proof that the debtor is satisfied or in default of acceptance, is conducted by public or publicly certified documents and a copy of these documents has already been delivered; the delivery does not require if the the court enforcer had begun the enforcement of the law in accordance with § 756 (1) and the evidence is conducted by the court enforcer's protocol; or

2.

the court enforcer has carried out an enforcement measure in accordance with Section 756 (2) and has been proven by the protocol of the court enforcer.

Unofficial table of contents

Section 765a enforcement protection

(1) At the request of the debtor, the executing court may cancel, prohibit or suspend a measure of enforcement in whole or in part if the measure is carried out in full consideration of the creditor's need for protection a very special circumstances means a hardship which is not compatible with the good mores. It is empowered to issue the orders referred to in § 732 (2). Where the measure concerns an animal, the enforcement court shall take account of the person's responsibility for the animal in respect of the weighing which it is making. (2) A measure for the effect of the issuance of objects may be made by the court enforcer until the judgment of the Court of Enforcement, but no more than one week, if the conditions set out in the first sentence of paragraph 1 are satisfied and the debtor does not have the right to appeal to the Court of Enforcement in good time (3) In eviction cases, the application referred to in paragraph 1 shall be two weeks at the latest. before the expiry date, unless the reasons on which the application is based only arose after that date, or the debtor was prevented from submitting a timely application without his fault. (4) The The Court of Enforcement shall repeal its decision upon request or amend it if necessary in order to change the facts. (5) The repeal of enforcement measures shall be taken in the cases referred to in the first sentence of paragraph 1 and in paragraph 4 only after the legal force of the decision. Unofficial table of contents

§ 766 Remembals against the manner of enforcement

(1) The enforcement court shall decide on applications, objections and reminders concerning the manner of enforcement or the proceedings to be observed by the court enforcer in the case of the enforcement of the enforcement order. It is empowered to enact the orders referred to in § 732 (2). (2) The court of enforcement is also entitled to take the decision if a court enforcer refuses to take over an order for enforcement or if a court enforcer refuses to execute an order for enforcement of the order. The contract is to be executed, or if memories are collected on the basis of the costs incurred by the court enforcator. Unofficial table of contents

Section 767 Enforcement Action

(1) objections relating to the claim established by the judgment shall be claimed by the debtor in the course of the proceedings before the court of proceedings of the first legal proceedings. (2) They shall be admissible only in so far as the reasons on which they are based only after the conclusion of the oral proceedings in which objections must have been made in accordance with the provisions of this Act at the latest, have been created and cannot be asserted by objection any more. (3) The In the action to be taken by the debtor, debtor must claim all the objections which he/she at the time of the application of the action. Unofficial table of contents

Section 768 Action against enforcement clause

The provisions of Section 767 (1), (3) apply accordingly if, in the cases of § 726 (1), § 727 to 729, 738, 742, 744, § 745 (2) and § 749 of the debtors, they are deemed to have been proven in the case of the granting of the enforcement clause. Without prejudice to the authority of the debtor, the condition for the grant of the enforcement clause shall be denied, in such cases, to raise objections to the admissibility of the enforcement clause in accordance with Section 732. Unofficial table of contents

Section 769 Injunctions

(1) The trial court may order, upon request, that until the judgment of the judgment on the objections referred to in § § 767, 768, the enforcement of the enforcement against or without security performance shall be terminated or continued only against security performance , and that enforcement measures against security should be repealed. It does not set a security benefit for the suspension of enforcement if the debtor is not in a position to perform the security, and if the prosecution offers sufficient prospect of success. The actual claims justifying the application are to be made credible. (2) In urgent cases, the executing court may issue such an order, with the determination of a time limit within which the decision of the court of proceedings It should be done. (3) The decision on these requests shall be taken by a decision. (4) In the event of a suspension of an amendment to a reduction, paragraphs 1 to 3 shall apply. accordingly. Unofficial table of contents

Section 770 Injunctions in the judgment

In the judgment which decides on the objections, the court of proceedings may amend or confirm the orders referred to in the above paragraph, or repeal the orders already adopted. The provisions of Section 718 shall apply mutaly to the challenge of such a decision. Unofficial table of contents

Section 771 Third party revocation

(1) In the event that a third party asserts that he is entitled to a right to dispose of the object of enforcement, the opposition to the enforcement of the law shall be asserted by the court in the court in whose district the court or tribunal shall be entitled to take the right to (2) If the action is directed against the creditor and the debtor, they are to be considered as convicts. (3) On the cessation of enforcement and the repeal of the enforcement measures already taken. the provisions of § § 769, 770 shall apply accordingly. The cancellation of a rule of order is also permissible without security. Unofficial table of contents

Section 772 Third-party appeal in the case of a prohibition on divestment

As long as there is a ban on the disposal of the kind referred to in § § 135, 136 of the Civil Code, the subject matter to which it relates shall be subject to a personal claim or to a right which is not effective as a result of the prohibition are not sold or transferred in the course of compulsory enforcement. In accordance with § 771, objection can be made on the basis of the prohibition of the divestment. Unofficial table of contents

Section 773 Third party revocation of the offspring

An object belonging to a pre-inheritance shall not be sold or transferred by means of compulsory enforcement if the divestment or the transfer in the case of the entry of the succession pursuant to section 2115 of the Civil Code shall not be transferred to the Afterlife is not effective. The legacy may be subject to opposition in accordance with § 771. Unofficial table of contents

Section 774 Third party revocation of the spouse

If, according to § 741, the compulsory enforcement takes place in the total good, a spouse may object in accordance with § 771 if the judgment handed down against the other spouse is ineffective in the appearance of the whole good. Unofficial table of contents

Section 775 Cessation or restriction of enforcement

The foreclosure shall be adjusted or restricted:

1.

where the copy of an enforceable decision is submitted, the result of which is that the judgment to be carried out or its provisional enforceability is repealed or that the enforcement of the enforcement order is declared inadmissible or that the execution of the enforcement of the judgment is inadmissible or setting is arranged;

2.

if the copy is submitted to a court decision which results in the imposition of the suspension of enforcement or of a rule of law enforcement order or that the enforcement of the judgment is only against security shall be allowed to continue;

3.

if a public document is submitted, which shows that the security or deposit required to avert the execution of the instrument has been carried out;

4.

if a public document or a private customer issued by the creditor is presented, which shows that the creditor has been satisfied or has approved a decision after the judgment to be executed has been issued;

5.

if the proof of payment or transfer is presented to a bank or savings bank, which shows that the amount required to satisfy the creditor is paid or transferred to the creditor or to the creditor's account; has been made.

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Section 776 Repeal of the law of enforcement

In the cases of Section 775 (1), (3), the enforcement measures already in place must be repealed. In the cases referred to in points 4 and 5, these measures shall remain in place; the same shall apply in the cases referred to in point 2, unless the decision also provides for the abolition of the previous enforcement acts. Unofficial table of contents

§ 777 reminder of sufficient assurance of creditor

If the creditor has a movable property of the debtor in possession, in view of which he is entitled to a lien or a right of retention for his claim, the debtor of the foreclosure may be placed in his rest in accordance with § 766 , to the extent that the claim is covered by the value of the case. If the creditor is also entitled to such a right in view of the case for another claim, the appeal shall only be admissible if this requirement is also covered by the value of the case. Unofficial table of contents

Section 778 Forced execution before inheritance

(1) As long as the heir has not accepted the inheritance, a foreclosure is only allowed in the estate because of a claim directed against the estate. (2) Due to its own liabilities of the heir is a foreclosure in the estate before the acceptance of the inheritance is not allowed. Unofficial table of contents

Section 779 Continuation of the foreclosure after death of the debtor

(1) Forced enforcement, which had already begun at the time of the debtor's death against him, will be continued in his estate. (2) If the debtor is required to be confiscted in an order of enforcement, if the inheritance has not yet been Or if the heir is not known or it is uncertain whether he has accepted the inheritance, to appoint a special representative to the heir to the heir at the request of the creditor. The order shall not be placed if a post-laser is ordered or if the management of the estate is due to a executor. Unofficial table of contents

Section 780 Subject to the limited liability of the heirloth

(1) The defendant convicted as heir of the debtor can only claim the restriction of his liability if it is reserved for him in the judgment. (2) The reservation is not required if the treasury is convicted as a legal heritage or if the judgment is issued on the basis of a succession obligation against a administrator of the estate or another successor of the estate or against a executor of the executor who is responsible for the administration of the estate. Unofficial table of contents

Section 781 Limited liability in the enforcement of the law

In the case of foreclosure against the heir of the debtor, the limitation of liability shall not be taken into consideration until such time as the heirs are charged against the execution of the heirs on the basis of the same. Unofficial table of contents

§ 782 Reaction of the heir against resounding believers

On the basis of the objections to which it is entitled in accordance with § § 2014, 2015 of the Civil Code, the heir can only demand that the enforcement of the enforcement of the law for the duration of the periods specified therein be limited to such measures of law which are intended to enforce a law Arrests are allowed. If, before the expiry of the period, the opening of the liquidate insolvency proceedings is requested, the restriction of enforcement shall be maintained on request even after the expiry of the period until the opening of the insolvency proceedings to be legally binding. Unofficial table of contents

§ 783 Einspeeches of the heir against personal creditors

In the appearance of the estate, the heir may request the restriction of the enforcement of the enforcement in accordance with § 782 also to the creditors who are not estate creditors, unless he is liable for unlimited liability for the estate liabilities. Unofficial table of contents

Section 784 Forced enforcement in the case of succession management and insolvency proceedings

(1) Where a succession administration is ordered or the succession insolvency proceedings have been opened, the heir may require that the measures of enforcement which are in favour of a estate creditor in respect of assets which are not part of the estate shall be subject to measures of enforcement . (2) In the case of succession management, the estate manager shall be entitled to the same right to the measures of the enforcement of the law, which shall be granted in favour of a other creditors have been credited to the estate as a succession creditor. Unofficial table of contents

Section 785 Enforcement Action of the heir

The objections raised on the basis of § § 781 to 784 shall be carried out in accordance with the provisions of § § 767, 769, 770. Unofficial table of contents

Section 786 Enforcement of the enforcement order in the event of limited liability

(1) The provisions of § 780 (1) and § § 781 to 785 are limited liability to the limited liability according to § 1489 of the Civil Code, the provisions of Section 780 (1) and § § 781, 785 are applicable to the pursuant to § § 1480, 1504, 1629a, 2187 of the German Civil Code. (2) In the case of the enforcement of judgments, which until the entry into force of the Law on Minority Law of 25 August 1998 (BGBl I), the law of the law of the German Federal Government, which is to be enforced by the Federal Government, is subject to the law of the German Federal Government. 2487) on 1 July 1999, the limitation of liability according to § 1629a of the Civil Code can also be asserted if it is not reserved in the judgment in accordance with Section 780 (1) of this Act. Unofficial table of contents

Section 786a-Maritime and inland waterway liability limitation

(1) The provisions of Section 780 (1) and § 781 shall apply in accordance with the limited liability according to § 611 paragraph 1 or 3, § § 612 to 616 of the Commercial Code or in accordance with § § 4 to 5m of the Inland Waterway Act. (2) Is the judgment under section 305a, subject to a reservation, shall be subject to the following provisions for the enforcement of the enforcement:

1.

If the opening of a maritime law or an inland waterway distribution system is requested in accordance with the shipping law distribution order in which the creditor is participating with the claim, the court of law shall decide in accordance with Section 5 (3) (c) of the Rules of Procedure. 3 of the shipping-law distribution order on the cessation of foreclosure; after the opening of the law on the law of the law of distribution, the provisions of § 8 (4) and (5) of the shipping-law distribution order are, after Opening of the inland waterway distribution system to apply the provisions of § 8 (4) and (5) in conjunction with § 41 of the shipping law distribution system.

2.

If, in accordance with Article 11 of the Liability Limitation Convention (Article 611 (1) sentence 1 of the Commercial Code), a fund was established by the debtor or for him in another State Party to the Convention, the creditor shall be Claim against the Fund has claimed to apply the provisions of § 50 of the shipping-law distribution order. If the creditor has not asserted the claim against the fund, or if the conditions of § 50 (2) of the shipping law distribution order are not fulfilled, objections which are based on the right to limitation of liability shall be granted , in accordance with the provisions of § § 767, 769, 770; the same shall apply if the Fund is established in the other Contracting State only when the right to a restriction of liability is established.

3.

Is a fund in another Contracting State of the Strasbourg Convention on the Restriction of Liability in Inland Waterways-CLNI (BGBl I), or for that one, a fund in another State Party. 1988 II p. 1643), provided that the creditor has asserted the claim against the Fund, is to apply Article 52 of the shipping-law distribution order. If the creditor has not asserted the claim against the fund, or if the conditions of § 52 (3) of the shipping law distribution order are not fulfilled, objections which are based on the right to limitation of liability shall be granted in accordance with § § 4 to 5m of the Inland Waterway Act, in accordance with the provisions of § § 767, 769, 770; the same shall apply if the fund in the other Contracting State does not apply until the right to limit the liability is limited is being built.

(3) If the judgment of a foreign court has been issued subject to the reservation that the defendant may claim the right to a restriction of liability, if a fund is subject to the provisions of Article 11 of the Disclaimer or Article 11 of the The Strasbourg Convention on the Restriction of Liability in Inland Navigation has been established or is being established in the event of the right to a restriction on liability, the enforcement of which is due to the judgment given by the judgment , the provisions of paragraph 2 shall be determined accordingly. Unofficial table of contents

§ 787 Forced enforcement in the case of herreness land or ship

(1) If, by the enforcement of the law, a right to a property, which has been abandoned by the previous owner in accordance with § 928 of the Civil Code and has not yet been acquired by the acquiree, is to be asserted, it shall be (2) Paragraph 1 shall apply to the Court of Enforcement at the request of a representative who, pending the registration of a new owner, is responsible for the exercise of the rights and obligations arising from the ownership of the property. (2) as a result of the compulsory enforcement of a right of a registered Ship or ship's structure to be claimed by the previous owner pursuant to § 7 of the Law on the Rights of Registered Ships and Ships of 15 November 1940 (RGBl. 1499), and has not yet been acquired by the person entitled to the right of appropriation. Unofficial table of contents

Section 788 Cost of foreclosure

(1) The costs of foreclosure shall be borne by the debtor in so far as they were necessary (§ 91); they shall at the same time be provided with the claim to enforce the enforcement. The costs of the foreclosure and the delivery of the judgment shall also be considered to be the cost of the enforcement of the enforcement order. To the extent that several debtors have been convicted as total debtors, they shall also be liable for the costs of the foreclosure as a total debtor; § 100 (3) and (4) shall apply accordingly. (2) On request, the executing court shall, at which time the application is pending an order for enforcement, and after the completion of the enforcement of the enforcement the court in whose district the last enforcement act has been carried out, the costs according to § 103 (2), § § 104, 107. In the case of enforcement in accordance with the provisions of § § 887, 888 and 890, the court of proceedings of the first legal suit shall decide. (3) The costs of the enforcement shall be reimbursed to the debtor if the judgment, from which the enforcement of the enforcement order (4) The costs of a procedure in accordance with § § 765a, 811a, 811b, 829, 850k, 850l, 851a and 851b may be imposed on the creditor in whole or in part by the court if this is due to special, in the conduct of the creditor The reasons for this are the same. Unofficial table of contents

Section 789 intervention by authorities

Where, for the purpose of enforcement, the intervention of an authority is required, the court shall request the authority to intervene. Unofficial table of contents

§ 790 (omitted)

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Section 791

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Section 792 Granting of documents to creditors

If the creditor is required for the enforcement of a certificate of inheritance or any other document to be granted to the debtor at the request of a public authority, an official or a notary, he may, in lieu of the debtor, be granted a require. Unofficial table of contents

Section 793 Immediate complaint

An immediate appeal shall be made against decisions which may be taken in the foreclos-enforcement procedure without oral proceedings. Unofficial table of contents

Section 794 Further Enforcement Titles

(1) Forced enforcement shall also take place:

1.

from comparisons between the parties or between a party and a third party for the settlement of the dispute to its full extent or in the subject of a part of the object in dispute before a German court or in the case of a part of the object in question National justice administration has been established or recognized as a quality agency, as well as from comparisons taken in accordance with § 118 (1) sentence 3 or § 492 (3) to the judicial protocol;

2.

from cost-fixing decisions;

2a.

(dropped)

2b.

(dropped)

3.

from decisions against which the appeal of the complaint takes place;

3a.

(dropped)

4.

out of enforceable conditions;

4a.

from decisions declaring arbitration awards for enforceable condition, provided that the decisions are final or provisionally enforceable;

4b.

from decisions pursuant to § 796b or § 796c;

5.

from documents incorporated in the prescribed form by a German court or by a German notary within the limits of its powers, provided that the document is constructed on a claim which is comparable to that of a German court or a German notary, The debtor is not subject to a declaration of intent and does not relate to the existence of a lease on housing, and the debtor is in the document for the claim of immediate enforcement of the compulsory enforcement order to be recorded. ,

6.

European payment commands declared enforceable in accordance with Regulation (EC) No 1896/2006;

7.

of titles issued in another Member State of the European Union in accordance with Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 establishing a European enforcement order for uncontested claims have been confirmed as European Enforcement Order;

8.

, in accordance with Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure, in a Member State of the European Union, ,

9.

from the titles of another Member State of the European Union as defined in Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of Decisions in civil and commercial matters are to be completed.

(2) Where, in accordance with the provisions of Sections 737, 743, § 745 (2) and 748 (2), the conviction of a participant is required for the culpation of the foreclosure, it shall be replaced by the fact that the participant in a person referred to in paragraph 1 (5) shall be granted immediately enforcement in the subject-matter subject to his/her right. Unofficial table of contents

Section 794a Forced enforcement of eviction comparison

(1) Where the debtor is obliged to evict housing in a settlement from which enforcement takes place, the district court in whose district the living space is situated may, on request, give him a reasonable amount of accommodation Granting the granting of a grant. The application shall be submitted no later than two weeks before the date on which the comparison is to be made; § § 233 to 238 shall apply mutatily. The decision shall be taken by decision. Before the decision, the creditor is to be heard. The court has the power to issue the orders referred to in § 732 (2). (2) The eviction period may be extended or shortened on request. The first sentence of the first sentence of paragraph 1 shall apply in accordance with the provisions of the second sentence of paragraph 1. (3) The period of eviction shall not exceed one year in total, calculated as the date of conclusion of the settlement. If, after the comparison, it is to be vacated on a later date, the time limit shall be calculated from that day. (4) The immediate appeal shall be taken against the decision of the local court. (5) Paragraphs 1 to 4 shall not apply to rental conditions relating to housing in the For the purposes of Section 549 (2) (3) and in the cases of Section 575 of the Civil Code. If a lease ends within the meaning of Section 575 of the Civil Code by extraordinary termination, an eviction period may be granted at most until the contractually determined time of termination. Unofficial table of contents

Section 795 Application of the general provisions to the other enforcement titles

The provisions of § § 724 to 793 shall apply mutatis-ly to the enforcement of the obligation under the debt securities referred to in § 794, unless otherwise specified in § § 795a to 800, 1079 to 1086, 1093 to 1096 and 1107 to 1117 . § 720a shall apply mutatis mercibly to the enforcement of the debt in accordance with § 794 (1) (2) if the debt instruments are based on judgments which are provisionally enforceable only against the security performance. The provisions of the Regulations referred to in Article 794 (1) (6) to (9) shall remain unaffected. Unofficial table of contents

Section 795a Forced enforcement from the decision on the fixing of costs

The enforcement of a cost-fixing decision, which is based on the judgment in accordance with § 105, shall be carried out on the basis of a enforceable copy of the judgment; a special enforcement clause for the determination of the decision shall be required not. Unofficial table of contents

Section 795b Enforcement declaration of the court settlement

In the case of comparisons which are concluded before a German court (Section 794 (1) (1)) and whose effectiveness is solely dependent on the occurrence of a fact resulting from the procedural act, the enforcement clause shall be determined by the Civil servants of the office of the Court of First Instance of the Court of First Instance and, if the dispute is pending before a higher court, issued by the official of the Office of the Court of First Instance of that Court. Unofficial table of contents

Section 796 Enforcement of enforcement of enforceable provisions

(1) The order for enforcement shall be subject to the enforcement order only if the enforcement is to be carried out for a creditor other than the creditor designated in the communication or against a debtor other than the debtor designated in the communication. (2) Applications relating to the claim themselves shall be admissible only in so far as the reasons on which they are based have arisen after the completion of the enforcement order and can no longer be invoked by objection. (3) For claims on the granting of the enforcement clause and of claims by which the The Court of First Instance is the Court of First Instance of the European Parliament and of the Court of Justice of the European Union, or the Court of Justice of the European Union shall be entitled to claim any objections relating to the granting of the enforcement clause or to the admission of the condition for the grant , which would have been responsible for a decision in the dispute settlement procedure. Unofficial table of contents

Section 796a Conditions for the declaration of enforceable law of the law of attorney

(1) A comparison concluded by lawyers in the name and with the full power of the parties represented by them shall be declared enforceable at the request of a party if the debtor has been subjected to immediate foreclosure (2) Paragraph 1 shall not apply if the comparison to the date of the settlement is based on the date of the settlement of the contract. (2) Paragraph 1 shall not apply if the comparison to the Submission of a declaration of intent or the stock of a tenancy on housing. (3) The declaration of enforceable law must be rejected if the comparison is ineffective or if its recognition against public order is in breach. Unofficial table of contents

Section 796b Declaration of enforceable declaration by the court of proceedings

(1) For the declaration of enforceability in accordance with Section 796a (1), the court is competent to act as a court of proceedings, which would have jurisdiction to assert the claim to be enforced. (2) Before the decision on the application to The opponent is to be heard in order of enforceable execution. The decision shall be taken by decision. A challenge does not take place. Unofficial table of contents

Section 796c Enforceable declaration by a notary

(1) With the consent of the parties, a settlement may also be taken into custody and declared enforceable by a notary who has his official residence in the district of a court competent pursuant to section 796a (1). § § 796a and 796b apply accordingly. (2) If the notary is based on the declaration of enforceable law, this must be justified. The rejection by the notary can be appealed with the application for a court decision in the case of the court competent pursuant to Section 796b (1). Unofficial table of contents

Section 797 Procedure for enforceable documents

(1) The enforceable copy of judicial documents shall be issued by the official of the court of the court of the court, which shall hold the document. (2) The enforceable copy of notarial documents shall be issued by the notary, who shall hold the certificate shall be kept. If the document is in the custody of an authority, it must issue the enforceable copy. (3) The decision on objections concerning the admissibility of the order for enforcement and the admissibility of the grant of a further enforceable copy shall be made in the case of court documents of the court held by the document, in the case of notarial documents by the local court, in the district of whose district the notary or the depositary of the depository is held Authority shall be the official seat. In the case of court documents, the decision to grant a further enforceable copy shall be taken by the court held by the document, in the case of a notarial document, by the notary who departs the document, or, if the (4) The restrictive provision of Section 767 (2) does not apply to the assertion of objections relating to the claim itself. (4) The Court of First instance is not responsible for the application of the law. (5) For claims on the issue of the enforcement clause as well as for claims by which: the claims relating to the claim are invoked, or the entry of the order for the enforcement of the order for the enforcement of the enforcement clause is contested when the order for enforcement is granted, the Court, in which the debtor has his general place of jurisdiction in the country, and otherwise the court has jurisdiction in which proceedings can be brought against the debtor pursuant to § 23. (6) In the case of decisions pursuant to § 796c, paragraphs 2 to 5 shall be applied accordingly. Unofficial table of contents

Section 797a Procedure for comparison of quality jobs

(1) In the case of comparisons which are concluded before quality points of the type referred to in Article 794 (1) (1), the order for enforcement shall be issued by the official of the office of the office of the Local Court in whose district the quality office is situated (2) The court referred to in paragraph 1 shall decide on objections concerning the admissibility of the enforcement clause. (3) § 797 (5) shall apply accordingly. (4) The Land Justice Department may authorize the head of the quality offices to: Grant enforcement clause for comparisons concluded before the Gütestelle . The authorization does not extend to the cases of § 726 (1), § § 727 to 729 and § 733. The court referred to in paragraph 1 shall decide on objections relating to the admissibility of the order for enforcement. Unofficial table of contents

Section 798 Waiting period

From a cost-fixing decision not placed on the judgment, from decisions pursuant to Section 794 (1) (4b) and from the documents held pursuant to § 794 (1) No. 5, the enforcement of the debt may only start if the debt is at least equal to is delivered two weeks earlier. Unofficial table of contents

§ 798a (omitted)

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Section 799 Enforceable instrument in the event of succession

Where the owner of a land subject to a mortgage, a basic debt or a pension is subject to an immediate enforcement order in accordance with § 794 (1) no. 5 and is the successor to the legal successor to the If a creditor has issued a enforceable copy, the delivery of the public or publicly certified document which follows the succession shall not be required if the successor to the legal successor is registered as a creditor in the land register. Unofficial table of contents

Section 799a Liability for damages in respect of the
Enforcement of documents by other creditors

In the case of a mortgage or basic debt, the owner of a property has, in a document pursuant to Section 794 (1) No. 5, subject to immediate enforcement in the property and operates a person other than the one referred to in the document. Where enforcement is declared inadmissible, the creditor shall be bound by the debtor for the purpose of compensation for the damage caused by the execution of the creditor by the execution of the instrument or by the person responsible for the application of the Enforcement is the result of performance. The provisions of the first sentence shall apply if the debtor is in his or her own right in respect of the claims for which the basic right of property has been ordered or on account of the requirement for an immediate execution of the debt for a same purpose. Power has been subjected to. Unofficial table of contents

§ 800 Enforceable document against the respective property owner

(1) The owner may, in a document received in accordance with § 794 (1) No. 5, submit a mortgage, a basic debt or a pension debt to the immediate enforcement in such a way that the enforcement of the law is based on the The certificate shall be admissible against the respective owner of the land. In this case, the subjugation requires the registration in the land register. (2) In the case of enforcement against a later owner, which is entered in the land register, it is not necessary for the delivery of the trader to be provided for the acquisition of the property. (3) If the immediate enforcement of the property is admissible against the respective owner, the court in whose district the property is situated shall be responsible for the claims referred to in § 797 (5). Unofficial table of contents

§ 800a Enforceable Certificate at Schiffshypothek

(1) The provisions of § § 799, 800 shall apply to registered ships and shipbuilding works that are subject to a ship's mortgage. (2) If the immediate enforcement is permissible against the respective owner, the provisions of § § § 799, 800 shall apply. 797 (5), the Court of First Instance is responsible for the jurisdiction of the court in whose district the register for the ship or the ship's structure is kept. Unofficial table of contents

§ 801 National Enforcement Order

(1) The national legislation is not prevented from permitting the enforcement of the law on grounds of debt other than the debt securities referred to in § § 704, 794, and to the extent that the law deviates from this law concerning the enforcement of the law. (2) Sovereign debt instruments within the meaning of paragraph 1 may be enforced in the entire Federal territory. Unofficial table of contents

Section 802 exclusivity of the courts

The court stands arranged in this book are exclusive.

Section 2
Foreclosures due to monetary claims

Title 1
General provisions

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§ 802a Principles of enforcement; judicial enforcement powers

(1) The court enforcer shall act on a speedy, complete and cost-saving recovery of money claims. (2) On the basis of an appropriate enforcement order and the handing over of the enforceable copy, the bailier shall be , without prejudice to further competences

1.

an amicable execution of the case (§ 802b),

2.

collect an asset information of the debtor (§ 802c),

3.

Obtain information from third parties on the debtor's assets (§ 802l),

4.

running the confespation and recycling of physical property,

5.

carry out a pre-maintenance (§ 845); this does not require the prior grant of a enforceable copy and delivery of the guilt title.

The measures shall be referred to in the order for enforcement, but the measure referred to in the first sentence of paragraph 1 shall be designated only if the order is limited to this. Unofficial table of contents

§ 802b Good execution; Enforcement of payment in the case of payment agreement

(2) If the creditor has not ruled out a payment agreement, the bailider may grant the debtor a period of payment, or permit repayment by partial payments (instalment payment), provided that the debtor convincingly sets out to be able to provide the payments which are to be determined at the level and in time. Where a payment plan is fixed in accordance with the first sentence, enforcement shall be postponed. The repayment shall be completed within 12 months. (3) The bailier shall immediately inform the creditor of the payment plan and the execution of the execution of the payment, as set out in paragraph 2. If the creditor contradicts immediately, the payment plan shall become null and void with the information of the debtor; at the same time, the enforcement order shall cease. The same effects shall occur if the debtor is in arrears with a fixed payment in whole or in part for more than two weeks. Unofficial table of contents

Section 802c Property of the debtor

(1) The debtor is obliged, for the purpose of the execution of a monetary claim, to provide information on his assets at the request of the court enforcer in accordance with the following provisions, and his birth name, date of birth and to indicate his place of birth. If the debtor is a legal person or an association of persons, he shall indicate his company, the number of the register sheet in the commercial register and its registered office. (2) The debtor shall be responsible for the exchange of information. all property belonging to it. In the case of claims, there is reason and evidence to be called. It shall also indicate:

1.

the debtor's charges in return to a person close to him (§ 138 of the Insolvency Code), which he has made in the last two years before the date of the date of the payment of the property in accordance with Section 802f (1) and until the date of the filing of the property;

2.

the non-remunerated services of the debtor which he has made in the last four years before the date pursuant to § 802f (1) and until the transfer of the property, provided that they are not limited to common occasional gifts set up.

Matters which are manifestly not subject to the seizure pursuant to Section 811 (1) (1) and (2) of the pledge do not need to be indicated unless an exchange order is considered. (3) The debtor has to insure the protocol in lieu of Eides, that the information referred to in paragraphs 1 and 2 has been correctly and fully completed to the best of its knowledge and conscience. The provisions of § § 478 to 480, 483 shall apply accordingly. Unofficial table of contents

§ 802d asset information

(1) A debtor who has issued the property information in accordance with § 802c of this Act or in accordance with § 284 of the German Tax Code within the last two years shall be obliged to recharge only if a creditor makes facts which have been issued by the debtor. to close a substantial change in the debtor's financial circumstances. Otherwise, the bailider shall forward to the creditor an expression of the last assets held. The creditor may only use the obtained data for purposes of enforcement and has to delete the data after the purpose of achievement; this is to be pointed out to him by the court enforcer. The bailier shall inform the debtor from the supply of an expression in accordance with the second sentence and shall inform him of the possibility of entry in the list of debtors (§ 882c). (2) Instead of the supply of an expression, the creditor may on request, the list of assets shall be transmitted as an electronic document if it is provided with a qualified electronic signature and is protected against unauthorised knowledge. Unofficial table of contents

§ 802e jurisdiction

(1) For the purposes of the acceptance of the property and the affidavit, the bailier shall have jurisdiction in the district court in whose district the debtor is domicated at the time of placing the order, or in the absence of such a person. (2) If the former court enforcer does not have jurisdiction, he shall forward the matter to the competent court enforcer at the request of the creditor. Unofficial table of contents

Section 802f Procedure for the acceptance of the property

(1) For the acceptance of the property, the bailider shall set the debtor for a period of two weeks for the payment of the claim. At the same time, in the event that the demand for the deadline is not fully paid, it shall determine an appointment for the purpose of issuing the property information immediately after the deadline, and shall invite the debtor to his business premises at that date. The debtor has to provide the documents required for the delivery of the property in the date. (2) By way of derogation from paragraph 1, the bailier may determine that the property is issued in the debtor's home. The debtor may object to this provision within a week in relation to the bailier. Otherwise, the date shall be deemed to be non-compulsory if the debtor does not release the property in this appointment for reasons which he/she has to represent. (3) The debtor is required to hold the appointment in accordance with § 802c (2) (2). Information to be lecturing. The debtor shall be informed of his rights and obligations under paragraphs 1 and 2, the consequences of an undue default or a breach of his obligations to provide information, and the possibility of obtaining information from third parties in accordance with § 802l (4) Payment requests, charges, provisions and teachings referred to in paragraphs 1 to 3 shall be awarded to the debtor, even if the debtor is a member of the debtor's Process authorised representative appointed; a communication to the Process Plenipotentiaries do not need it. The creditor must be informed of the appointment in accordance with § 357 (2). (5) The bailider shall establish a list of the information required pursuant to § 802c (1) and (2) as an electronic document (asset list). This information shall be read out to the debtor before giving the insurance pursuant to Section 802c (3) or shall be reproduced on a screen for review. The debtor shall be given an expression on request. (6) The court enforcer shall deposit the list of assets with the central enforcement court in accordance with section 802k para. 1 and shall immediately forward an expression to the creditor. The expression must contain the note that it agrees with the contents of the asset list; § 802d para. 1 sentence 3 and paragraph 2 shall apply accordingly. Unofficial table of contents

§ 802g Forced

(1) At the request of the creditor, the court shall issue a debtor against the debtor who remains undispensible for the date of delivery of the property or refuses to charge the property in accordance with § 802c without reason, in order to compel the levy to be Arrest warrant. The arrest warrant shall mean the creditor, the debtor and the reason for the arrest. It is not necessary to deliver the warrant before it is executed. (2) The guilt of the debtor shall be carried out by a court enforcator. The arrest warrant shall be handed over to the debtor in the case of the arrest in certified copy. Unofficial table of contents

§ 802h Inadmissibility of the Detention Order

(1) The enforcement of the arrest warrant shall be inadmissible if two years have passed since the day on which the arrest warrant was issued. (2) Against a debtor, whose health is due to the execution of the detention of a near and significant danger as long as this condition takes place, the detention shall not be carried out. Unofficial table of contents

Section 802i Property of the debtor arrested

(1) The arrested debtor may, at any time, require the court enforcator of the local court of the port to take away the property. The request shall be accepted without delay; Section 802f (5) shall apply accordingly. The creditor will be allowed to participate if he has requested this and his participation does not lead to a delay in the acceptance. (2) After the payment of the property, the debtor will be released from detention. § 802f (5) and (6) shall apply. (3) If the debtor is unable to provide complete information because he does not have the necessary documents, the bailiff may determine a new date and the arrest warrant has to be taken up until the end of the period of the at that date. § 802f applies accordingly; the setting of a payment deadline does not need to be set. Unofficial table of contents

§ 802j Duration of detention; renewed detention

(1) The detention shall not exceed six months. At the end of the six-month period, the debtor shall be released from office on his own account. (2) On request of the creditor, a renewal of the detention shall not be found against the debtor who has been released from detention without his intervention at the request of the creditor. (3) A debtor who has been sentenced to six months in prison for refusing to deliver the property may, within the following two years, also be subject to the request of another creditor only under the conditions laid down in section 802d to be held again by detention for the purpose of issuing such an asset. Unofficial table of contents

§ 802k Central administration of the financial directories

(1) In accordance with Section 802f (6) of this Act or in accordance with Section 284 (7) sentence 4 of the Tax Code, property lists to be deposited shall be administered by a central enforcement court in electronic form nationwide. The property lists can be viewed and accessed via a central and cross-country query on the Internet. The same shall apply in respect of assets which have been set up on the basis of Article 284 (1) to (7) of the tax code of equivalent federal or state legislation, insofar as this regulation arranges the deposit. A list of assets in accordance with the first sentence or the second sentence shall be deleted at the end of two years from the date on which the information has been submitted or at the time of receipt of a new asset. (2) The bailiers may, after the expiry of two years, delete the list of assets held by the central enforcement courts. (1), to obtain assets under management for enforcement purposes. Enforcement authorities shall be the same as the court enforcers,

1.

In accordance with Article 284 of the Tax Code, asset information may be required;

2.

be entitled to request information from the debtor about his assets by the Federal Act or by the Land Act, if this right of information is excluded by the establishment of a list of assets to be deposited in accordance with paragraph 1, or

3.

by the Federal Act or by the Land Act, to require the debtor to charge an asset in accordance with § 802c against the bailier's enforcement.

In addition, enforcement courts, insolvency courts and register courts as well as law enforcement agencies are authorized to inspect the law, insofar as this is necessary for the performance of the tasks assigned to them. (3) The state governments determine by Ordinance of law, which court has the duties of the central enforcement court referred to in paragraph 1. You can delegate this power to the Land Justice Administrations. The central enforcement court referred to in paragraph 1 may ask other authorities to use data processing; the relevant data protection provisions relating to the processing of personal data on the order shall be applied. (4) The Federal Ministry of Justice is authorized, by means of a legal regulation with the consent of the Federal Council, to determine the details of the contents, the form, reception, transmission, management and deletion of the assets in accordance with Section 802f (5) of this Act and in accordance with Article 284 (7) of the levy system or equivalent arrangements referred to in paragraph 1 Sentence 2 as well as the inspection, in particular by means of an automated retrieval procedure, to be regulated. The legal regulation has to provide for appropriate arrangements for the protection of data protection and data security. In particular, it is necessary to ensure that the property registers

1.

in the case of transmission to the central enforcement court referred to in paragraph 1 and in the case of transfer to the other bodies referred to in the third sentence of paragraph 3, are protected against unauthorised disclosure,

2.

intact and fully reproduced,

3.

can be attributed at any time to their origin, and

4.

can only be retrieved by registered users and every retrieval process is logged.

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Section 802l The right of access to the bailier's rights

(1) If the debtor does not comply with his obligation to charge the property, or if the creditor is not expected to satisfy the full satisfaction of the creditor in the case of enforcement in the assets listed there, he shall: Court enforcator

1.

in the case of the institutions of the statutory pension insurance, the name, first name or the company and the addresses of the current employers of an employment relationship of the debtor subject to insurance;

2.

-request the Federal Central Office for Taxes to obtain from the credit institutions the data referred to in § 93b (1) of the Tax Code (Section 93 (8) of the Tax Code);

3.

In the case of the Federal Motor Transport Authority (Bundesamt), the vehicle and holding data shall be collected in accordance with section 33 (1) of the Road Traffic Act into a vehicle when the debtor's holder is registered.

The survey or request shall be admissible only to the extent that it is necessary for enforcement and the claims to be enforced are at least EUR 500; the cost of foreclosure and secondary claims shall be limited to the calculation of the costs of enforcement and the claims to be executed. (2) Data which are not necessary for the purposes of enforcement shall be immediately deleted or blocked by the court enforcer. The deletion shall be recorded. (3) On the result of a survey or request referred to in paragraph 1, the court enforcator shall immediately and without delay and within four weeks of receiving the debtor, the creditor shall, in compliance with the provisions of paragraph 2, inform the debtor immediately and the debtor in the Knowledge. Section 802d (1) sentence 3 and (2) shall apply accordingly.

Title 2
Enforcement of property in movable property

Subtitle 1
General provisions

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§ 803 Pfändung

(1) Enforcement of the movable property shall be effected by seizure. It must not be extended further than is necessary to satisfy the creditor and to cover the costs of foreclosure. (2) The seizure shall not be required if the use of the objects to be paved is to be taken into account. Excess over the cost of foreclosure cannot be expected. Unofficial table of contents

§ 804 Pfändpfandrecht

(1) By pledge, the creditor acquires a lien on the paved subject. (2) The lien grants the creditor the same rights as a faucet law acquired by contract to the creditor in relation to other creditors; it goes to Pfand-and (3) The right of pledge, based on an earlier plea, shall be the responsibility of the person established by a subsequent seizure. Unofficial table of contents

§ 805 Application for preferably satisfaction

(1) The seizure of one thing cannot contradict a third party who is not in possession of the object on the basis of a lien or preferential right; however, he may, preferably, claim satisfaction from the proceeds by means of the action. without consideration of whether or not his claim is due. (2) The action shall be brought before the court of enforcement and, if the object of the dispute does not belong to the jurisdiction of the local courts, in the district court, in the latter's (3) If the lawsuit is brought against the creditor and the 4) If the claim is made credible, the court shall order the deposit of the proceeds. The provisions of § § 769, 770 shall apply accordingly. Unofficial table of contents

§ 806 No warranties in the case of a purchase of a deposit

If an object is sold on the basis of the seizure, the acquirer shall not be entitled to a guarantee on account of a defect in the law or because of a defect in the case in question. Unofficial table of contents

Section 806a Communications and consultation by the baili-enforcement

(1) On the occasion of the foreclosure by questioning the debtor or by inspection in documents, the bailider is aware of the debtor's claims against third parties and has not been able to cause a seizure or will become an shall not lead to the full satisfaction of the creditor, he shall inform the creditor of the names and addresses of the third party debtors, as well as the reason for the claims and for these existing collateral. (2) Court enforceable the debtor in the apartment and could not seize a pledge or if a seizure is not likely to lead to the full satisfaction of the creditor, the court enforcer may, in accordance with the employer of the Inquire of debtors. They are not obliged to provide information and must be informed by the court enforcator of the voluntary nature of their information. The court enforcator shall inform the creditor of his findings. Unofficial table of contents

§ 806b (omitted)

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Section 807 Accepting of the property in accordance with the pledge of the pledge

(1) If the creditor has requested the seizure of the pledge at the debtor, and

1.

the debtor has refused to search (§ 758), or

2.

the pledge that a pledge is not likely to lead to full satisfaction of the creditor,

The court enforcer may, by way of derogation from § 802f, immediately remove the property information from the debtor at the request of the creditor. Section 802f (5) and (6) shall apply. (2) The debtor may object to an immediate acceptance. In this case, the bailider pursuant to § 802f; does not require the setting of a payment deadline.

Subtitle 2
Enforcement in physical matters

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§ 808 Pfändung at the debtor

(1) The seizure of the physical property in the custody of the debtor is caused by the fact that the bailider takes possession of it. (2) Other objects as money, valuables and securities are to be found in the debtor's custody. , unless the satisfaction of the creditor is threatened as a result. If the goods are left in the custody of the debtor, the validity of the seizure is due to the fact that the attachment of seals or in any other way makes the seizure visible. (3) The bailider has the debtor from the of the confesation of the confespan. Unofficial table of contents

§ 809 Pfändung at the creditor or with third parties

The above provisions shall apply mutatis bly to the seizure of items which are in the custody of the creditor or a third party ready to be handed out. Unofficial table of contents

Section 810 Seizure of unseparated fruits

(1) Fruits which have not yet been separated from the ground may be paved as long as their seizure has not been carried out by means of foreclosure into the immovable property. The seizure may not be seizure earlier than one month before the normal period of maturity. (2) A creditor who has a right of satisfaction from the property may object to the seizure in accordance with § 771, unless the pledge for a claim has been made in the case of compulsory enforcement in the property. Unofficial table of contents

Section 811 Unconfestive things

(1) The following things are not subject to the seizure:

1.

the goods used for personal use or the household, in particular items of clothing, linen, beds, household appliances and kitchen utensiles, provided that the debtor of his or her modest life, which is appropriate for his or her professional activity and indebtedness, and the financial management, in addition, gardening houses, residential and similar residential facilities, which are subject to compulsory enforcement in the movable property and whose debtor or family is required to stay in permanent accommodation;

2.

the food, fire and lighting equipment necessary for the debtor, his family and his family members who assist him in the household for four weeks, or, if such supplies do not exist for that period, and their procurement is not secured by other means, the amount of money required for procurement;

3.

Small animals in restricted numbers and a dairy cow or, at the choice of the debtor, instead of such a total of two pigs, goats or sheep, if these animals are intended for the nutrition of the debtor, his family or his family members, who are in the household, in agriculture or commerce, and the stocks necessary for feeding and for the litter of four weeks, or, in so far as such stocks do not exist, and where they are not processual for that period, is secured, the amount of money required for its procurement;

4.

in the case of persons engaged in agriculture, the equipment and livestock required for the operation of the economy, together with the necessary fertilizer and agricultural products, in so far as they are intended to secure the maintenance of the debtor, his family and his or her family. workers or the continuation of the economy until the next harvest of the same or similar products;

4a.

in the case of workers in agricultural holdings, the natural materials supplied to them as remuneration, in so far as the debtor is in need of their support for his or her family;

5.

in the case of persons who derive their acquisition from their physical or mental work or other personal benefits, the objects required for the continuation of that gainful activity;

6.

in the case of the widows and minor heirs of the persons referred to in paragraph 5, if they continue to work for their account by a deputy, the objects required for the continuation of that gainful activity;

7.

Items of service, as well as items of service equipment, to the extent that they are intended for use by the debtor, and in the case of officials, clergy, lawyers, notaries, doctors and midwives, the objects required for the exercise of the profession including appropriate clothing;

8.

in the case of persons who receive recurring income of the kind referred to in § § 850 to 850b of this Act or of the kind referred to in Article 54 (3) to (5) of the First Book of the Social Code, or current child benefits, a sum of money which does not correspond to that of the pledge. the part of the income for the period from the seizure up to the next payment date is subject to the same;

9.

the equipment, vessels and goods which are essential for the operation of a pharmacy;

10.

the books intended for the use of the debtor and his family in the church or school or in any other teaching institution or in the case of domestic devotional;

11.

the household and business books in use, the family papers and the wedding rings, the orders and the badgers;

12.

artificial limbs, spectacles and other means necessary for physical infirmation, provided that such objects are intended for the use of the debtor and his family;

13.

the items intended for direct use for the burial.

(2) A case referred to in paragraph 1 (1), (4), (5) to (7) may be paved if the seller is enforcing from their sale on account of a monetary claim secured by retention of title. The agreement of the retention of title shall be proven by documents. Unofficial table of contents

Section 811a Exchange plaits

(1) The seizure of an unpalatable item pursuant to section 811 (1), no. 1, 5 and 6 may be permitted if the creditor is to the debtor prior to the removal of the item a replacement which is sufficient for the protected use of the goods or to obtain a If the creditor is not able to obtain the replacement in time or not, the pledge may be allowed on the condition that the debtor who is responsible for the replacement of the replacement is admitted to the replacement. The amount of money required shall be left to the proceeds of the execution of the execution (2) On the admissibility of the exchange apportionment, the executing court decides by decision at the request of the creditor. The Court of First Instance shall only authorise the exchange of confession if it is appropriate in the circumstances of the circumstances, in particular where it is to be expected that the redeeming proceeds will substantially exceed the value of the replacement. The court shall determine the value of a replacement item offered by the creditor or the amount required for the replacement of the replacement. In the case of the exchange confession referred to in the first subparagraph of paragraph 1, the amount fixed shall be reimbursed to the creditor from the proceeds of enforcement; it shall be part of the cost of enforcement. (3) The amount of the money transferred to the debtor shall be uneasy. (4) The removal of the manicured cause shall not be allowed until after the approval decision has been legally binding. Unofficial table of contents

§ 811b Preliminary exchange incarnation

(1) Without prior decision of the Court of First Instance, a provisional exchange order shall be admissible if an authorisation by the court is to be expected. The court enforcer shall only make the exchange confession if it is to be expected that the redeeming proceeds will significantly exceed the value of the replacement item. (2) The pledge shall be lifted if the creditor does not within a period of time of Two weeks after notification of the seizure, an application pursuant to § 811a (2) has been filed with the Enforcement Court or if such a request has been legally rejected. (3) The notification shall inform the creditor of the request the application deadline and the consequences of their failure to notify that the pledge is (4) The transfer of the replacement part or the amount of money required for its procurement to the debtor and the continuation of the foreclosure shall only take place after the adoption of the decision in accordance with § 811a para. 2 Statement of the creditor. Section 811a (4) shall apply accordingly. Unofficial table of contents

§ 811c Inease of domestic animals

(1) Animals kept in the home and not for employment are not subject to the seizure. (2) At the request of the creditor, the enforcement court shall allow a pledge due to the high value of the animal, if the Incapacity for the creditor would be a hardship, which is not justifiable even with appreciation of the interests of animal welfare and the legitimate interests of the debtor. Unofficial table of contents

§ 811d Pre-route

(1) If it is to be expected that a case will soon be paved, it may be paved, but shall be left in the debtor's custody. Enforcement shall not be allowed to continue until the case has become palpable. (2) The seizure shall be lifted if the case has not been pawnable within one year. Unofficial table of contents

§ 812 Pfändung von Hausrat

Items belonging to the ordinary household and used in the debtor's household are not to be paved if it is readily apparent that only one proceeds would be achieved through their utilization, the proceeds to the value other than the value of the debtor's household. is in proportion. Unofficial table of contents

§ 813 Estimation

(1) The pledged items shall be valued at their usual sales value at the time of the seizure. The estimate of the value of valuables shall be transferred to an expert. In other cases, the enforcement court may, at the request of the creditor or the debtor, order the estimate by an expert. (2) If the estimate of the value is not possible at the time of the seizure, it shall be immediately recovered and their result will be subsequently recorded in the Pfändprotocol. If the files of the bailier are carried out electronically, the result of the estimation shall be recorded in a separate electronic document. The document shall be inseparably linked to the Pfenning Protocol. (3) For the seizure of fruits not yet separated from the ground, and for the seizure of objects of the kind referred to in § 811 (1) (4) in the case of persons, agriculture , an agricultural expert shall be granted, provided that it is to be assumed that the value of the items to be padded exceeds the amount of EUR 500. (4) The State Administration of Justice may determine that in other cases, too to be given to an expert. Unofficial table of contents

§ 813a (omitted)

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§ 813b (omitted)

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Section 814 Public auctioning

(1) The paved objects shall be publicly auctioned by the court enforcer; valuables shall be estimated before the auction by an expert. *) (2) A public auction may be made at the discretion of the court enforcer

1.

as an auction on the spot, or

2.

as a generally accessible auction on the Internet via a auction platform

(3) The national governments shall determine the auctioning of the Internet pursuant to point 2 of paragraph 2 by means of a regulation

1.

the date from which the auction is authorised,

2.

the auction platform,

3.

the admission to and exclusion from participation in the auction; in so far as the admission to participation or the exclusion of an auction provides proof of identity of natural persons, it shall also be valid from 1 January 2013 at the latest allow the use of the electronic identity card (§ 18 of the German Personnel Reference Act) for this purpose,

4.

Start, end and cancellation of auctioning,

5.

the terms and conditions of auctioning and other legal consequences of the auction, including the information provided to participants on the exclusion of warranties in accordance with § 806,

6.

the anonymization of the information relating to the person of the debtor prior to its publication and the possibility of anonymizing the data of the tenderers,

7.

the other special procedures to be observed.

You can transfer the empowerment to the Land Justice Administrations by means of a legal regulation. Unofficial table of contents

Section 815 Pinned money

(1) If the creditor is to deliver the money, (2) If the bailier is credited with the fact that the right of a third party to sell the money is subject to the divestment, then the money shall be deposited. Enforcement shall continue unless a decision of the court competent pursuant to Section 771 (1) on the cessation of enforcement has been made within a period of two weeks from the date of the seizure. (3) The removal of the order shall be continued. the payment of the money by the bailier shall be considered as payment on the part of the debtor, unless the deposit is to be deposited in accordance with paragraph 2 or in accordance with § 720. Unofficial table of contents

§ 816 Time and place of auctioning

(1) The auctioning of manicured property shall not occur before the end of a week since the day of the seizure, unless the creditor and the debtor agree on a prior auctioning or this is necessary in order to present the risk of a (2) The auction shall take place in the municipality in which the seizure has been made or in another place in the District of the Court of Enforcement, unless the creditor and the debtor (3) The time and place of the auction shall be made public under the general description of the items to be auctioned. (4) In the case of auctioning, the provision of § 1239 (1) sentence 1 of the Civil (5) The provisions of paragraphs 2 and 3 shall not apply in the case of auctioning on the Internet. Unofficial table of contents

Section 817 supplement and delivery

(1) In the case of auctioning on the spot, the contract shall be preceded by a three-times call at the highest bidder. In the case of an auction on the Internet, the surcharge shall be granted to the person who, at the end of the auction, has made the highest minimum bid, at least the minimum bid to be reached in accordance with Article 817a (1), first sentence; it shall be notified of the surcharge. § 156 of the Civil Code applies accordingly. (2) The awarded cause may only be delivered if the purchase money has been paid or is paid on delivery. (3) If the highest bidder has not been paid in the auction conditions In the absence of such a provision prior to the conclusion of the auctioning date, the delivery against payment of the purchase price is required, the item shall be auctioned elsewhere. The highest bidder is not admitted to a further bid; he is liable for the failure, he has no claim on the multiple proceeds. (4) If the surcharge is granted to the creditor, then this is exempt from the obligation to pay as far as possible the proceeds after deduction of the costs of foreclosure shall be used for its satisfaction, unless the debtor has been left behind, by means of security or by deposit, to wade enforcement. To the extent that the creditor is exempt from the obligation to pay, the amount shall be deemed to have been paid by the debtor to the creditor. Unofficial table of contents

§ 817a Minimum bid

(1) The surcharge may only be awarded to a bid which reaches at least half of the normal sales value of the item (minimum bid). The ordinary sales value and the minimum bid shall be disclosed at the time of the offering. (2) If the surcharge is not granted, because a bid is not issued the minimum bid is not delivered, the creditor's lien shall remain. He or she may apply at any time to request the appointment of a new auctioning date or the arrangement for other use of the pledged item in accordance with § 825. If the other recovery is ordered, paragraph 1 shall apply accordingly. (3) Gold and silver items shall also not be added under their gold or silver value. If a bid is not made, the bailider may effect the sale from the free hand at the price which reaches the gold or silver value, but not less than half the normal value of the sale. Unofficial table of contents

Section 818 Cessation of auctioning

The auction shall be terminated as soon as the proceeds are sufficient to satisfy the creditor and to cover the costs of the foreclosure. Unofficial table of contents

Section 819 Effects of the redeeming reception

The receipt of the proceeds by the bailier shall be deemed to have been paid on the part of the debtor, unless the debtor is left behind, by means of security or by deposit, to prevent the execution of the proceeds. Unofficial table of contents

Section 820

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Section 821 Recovery of securities

If they have a stock exchange or market price, they are to be sold by the bailier from the free hand to the day course and, if they do not have such a price, to be sold in accordance with the general provisions. Unofficial table of contents

§ 822 Rewriting of name documents

Where a security is on the name of a security, the court enforcer may be authorized by the enforcement court to act on the name of the purchaser and to make the necessary statements in place of the debtor in that case. Unofficial table of contents

Section 823 Except for course bearer securities

Where a holder's paper has been put out of course by enrolment on the name or in any other way, the court enforcer may be authorized by the enforcement court to effect the re-establishment and to provide the necessary information to the court of law enforcement. Make statements instead of the debtor. Unofficial table of contents

Section 824 Recycling of unseparated fruits

The auctioning of paved fruits, which are not yet separated from the soil, is only allowed after maturity. It may be carried out before or after the separation of the fruit; in the latter case, the bailider has the effect of having the amber effect. Unofficial table of contents

Section 825 Other type of exploitation

(1) At the request of the creditor or the debtor, the bailiff may use a paved case in a different manner or in a different place than is determined in the above paragraphs. The court enforcator shall inform the defendant of the intended use of the application. Without the consent of the defendant, he may not use the goods before the expiry of two weeks after notification of the information. (2) The auctioning of a manicured cause by a person other than the court enforcer can do so. Order the executing court at the request of the creditor or of the debtor. Unofficial table of contents

Section 826 Connection catches

(1) For the seizure of already manicured items, the declaration by the court enforcer, which is to be recorded in the protocol, is sufficient to provide the goods for his client. (2) If the first seizure is effected by another bailider, then the court order is (3) The debtor is to be informed of the further pleadings. Unofficial table of contents

§ 827 Procedure in case of multiple seizure

(1) The order of the second creditor shall be subject to the law of the court enforcer on which the first seizure has been effected, unless the executing court orders, at the request of a creditor or of the debtor concerned, that the court He said that he had to take over from another court enforcer by another. The auction shall be made for all creditors involved. (2) If the proceeds are not sufficient to cover the claims, the creditor for which the second or subsequent seizure has taken place shall not be required without the consent of the other parties concerned. If the creditor has a different distribution than in the order of the pleadings, the court enforcer shall notify the court of enforcement of the facts in the event of the proceeds being deposited. This display shall be accompanied by the documents relating to the procedure. (3) In the same way, proceedings shall be carried out if the seizure of several creditors is effected at the same time.

Subtitle 3
Enforcement in claims and other property rights

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Section 828 Jurisdiction of the Court of Enforcement

(1) The judicial acts which are the subject of the enforcement of claims and other property rights shall be carried out by the executing court. (2) The court of jurisdiction in which the debtor is domestiated shall be the enforcement court. has its general place of jurisdiction, and otherwise the district court, in which proceedings may be brought against the debtor pursuant to Section 23. (3) If the court has not jurisdiction, the matter shall be given to the competent authority at the request of the creditor. Court. The levy is not binding. Unofficial table of contents

Section 829 Pfändung of a monetary claim

(1) If a monetary claim is to be paved, the court shall prohibit the third party debtor from paying the debtor. At the same time, the Court of First Instance has to issue a bid to the debtor to refrain from any request, in particular its confiscation, to be made available. At the request of the creditor, the pledge of several monetary claims against various third party debtors shall be issued by a uniform decision, to the extent that this appears for the purpose of enforcement and there is no reason to believe that it is necessary to: (2) The creditor has to have the decision to be sent to the third party debtor. The court enforcator shall immediately deliver the decision with a copy of the certificate of delivery to the debtor, unless a public service is required. The delivery of the decision to the third party debtor shall be deemed to have been effected by the delivery of the decision to the third party debtor. (4) The Federal Ministry of Justice shall be responsible for the delivery of the decision to the debtor. is authorized to introduce forms for the application for the adoption of a pledge and transfer decision by means of a legal regulation with the consent of the Federal Council. Where forms are introduced in accordance with the first sentence, the applicant shall be required to use the forms. Different forms may be introduced for proceedings in the courts which process the procedures electronically and for proceedings in the case of courts which do not process the procedures electronically. Unofficial table of contents

Section 829a Simplified application for enforcement in the case of enforcement orders

(1) In the case of an electronic application for enforcement from a declaration of enforcement which does not require an enforcement clause, the transmission of the copy of the request shall be made in the case of seizure and transfer of a monetary claim (§ § 829, 835). Enforceable humble, if:

1.

the monetary claim resulting from the declaration of enforcement is not more than EUR 5 000; the costs of foreclosure and secondary claims shall be taken into account in calculating the amount of exposure only if it is the sole object of the calculation of the amount of the debt. the application for enforcement;

2.

the presentation of documents other than the completion of the enforcement order is not required;

3.

the creditor inserts a copy of the enforceable certificate, together with the certificate of delivery, as an electronic document to the application; and

4.

the creditor shall rest assured that he has received a copy of the enforcement order and a certificate of delivery and that the claim is still in the amount of the application for enforcement.

Where the costs of enforcement are to be carried out, in addition to the documents referred to in the first sentence of paragraph 3, a verifiable preparation of the costs and supporting documents shall be attached to the application as an electronic document. (2) Doubts shall be given to the existence of a copy of the enforcement order or the remaining conditions of enforcement, it shall inform the creditor and shall not execute the enforcement of the order until after the creditor has been given the copy of the Enforcement notification or the remaining conditions for enforcement (3) § 130a (2) remains unaffected. Unofficial table of contents

Section 830 Pfändung of a mortgage requirement

(1) In order to seize a claim for which there is a mortgage, the transfer of the mortgage letter to the creditor is required in addition to the pledge decision. If the handover is effected by means of foreclosure, it shall be deemed to have been carried out if the bailider takes away the letter for the purpose of delivery to the creditor. If the issuing of the mortgage's letter is excluded, the registration of the pledge is required in the land register; the registration is made on the basis of the pledge decision. (2) If the order is made before the mortgage letter is handed over, the order will be issued. (3) These provisions shall not apply in so far as they are concerned with the seizure of rights to the claims referred to in § 1159 of the German Bourgeois Code of Services. The same applies to a backup mortgage in the case of § 1187 of the Civil Code from the pledge of the main claim. Unofficial table of contents

§ 830a Pfändung einer Schiffshypothekenrequirement

(1) In order to seize a claim for which there is a ship's mortgage, registration of the seizure in the Register of Ships or the Register of Ships is required; the registration shall be made on the basis of the order. (2) Will the In the event of a consecting decision, the seizure of the pledge shall be deemed to have been effected by the third party debtor. (3) These provisions shall not apply as far as the pledge of the claims to the claims to those in § § 53 of the Law on the Rights of Registered Ships and Ships of 15 November 1940 (RGBl. I p. 1499). The same shall apply if, in the case of a ship's mortgage, the principal claim is paved for a claim arising from a debt description to the proprietor, from a change or from another document transferable by Indossament. Unofficial table of contents

§ 831 Indossable Papers

The seizure of receivings from bills of exchange and other documents which can be transferred by indossment is brought about by the fact that the bailider takes possession of these documents. Unofficial table of contents

§ 832 PfändScope in the case of continuous references

The lien which is acquired by the seizure of a salary receivment or a similar claim in continuous remuneration shall also apply to the amounts due after the seizure. Unofficial table of contents

Section 833 PfändScope in the case of work and service income

(1) The seizure of a service income also affects the income which the debtor has to refer to as a result of the transfer to another office, the transfer of a new office or a salary increase. This provision should not be applied in the event of a change of the person's forehead. (2) If the employment or service relationship is ended and the debtor and the third party debtor have a new relationship within nine months, the pledge shall extend to the Demand from the new working or service relationship. Unofficial table of contents

§ 833a PfändScope in case of account balance

The crediting of an account at a credit institution shall include the balance of credit existing on the day of service of the deposit decision with the credit institution, as well as the day-to-day balances of the days following the pledge. Unofficial table of contents

§ 834 No hearing of the debtor

The debtor is not to be heard before the pledge of the pledge. Unofficial table of contents

Section 835 Transfer of a monetary claim

(1) The pledged monetary claim shall be transferred to the creditor after his choice for confiscation or payment instead of the nominal value. (2) In the latter case, the claim on the creditor shall be based on the effect that, in so far as the claim exists, he shall: (3) The provisions of Section 829 (2), (3) shall be applied to the credit transfer accordingly. Where a credit of a debtor who is a natural person is transferred to the creditor, a credit maintained at a credit institution shall not be paid to the third party debtor until four weeks after the transfer decision has been delivered to the creditor. If the creditor has been credited, the enforcement court shall, upon request, additionally order that only four weeks after the creditor's credit has been credited to the creditor, or to the creditor, or to the creditor, to the creditor. the amount may be deposited. (4) In the event of a future credit balance on a Confestive protection account within the meaning of Article 850k (7) shall be paved and transferred to the creditor, the third party debtor shall not be allowed to pay the creditor until the next calendar month following the relevant credit of incoming payments has expired, or Deposit the amount. The executing court may, at the request of the creditor, take a different order if the settlement of the sentence 1, with full appreciation of the debtor's need for protection, causes an unreasonable hardship for the creditor. (5) If not recurrent, payable to creditors of a debtor who is a natural person, for personal work or services or other income which is not an income of an employment, the third party debtor shall not be allowed to: four weeks after the date of notification of the transfer decision to the creditor or deposit the amount. Unofficial table of contents

Section 836 Impact of the transfer

(1) The transfer shall replace the formal statements of the debtor, from which, in accordance with the provisions of the civil law, the right to confiscation of the claim is dependent. (2) The transfer decision shall apply even if he is wrong (3) The debtor is obliged to give the creditor the right to assert the right to accuse the debtor. (3) The debtor shall be obliged to make the right to the debtor to make a decision. to provide the necessary information and to provide the necessary information on the request To issue documents. If the debtor does not provide the information, he shall, at the request of the creditor, be obliged to give it to the minutes and to insure his or her information in lieu of the oath. The bailier responsible in accordance with § 802e invites the debtor to submit the information and the oath insurance. The provisions of Section 802f (4) and § § 802g to 802i, 802j (1) and (2) apply accordingly. The issuing of the documents may be granted by the creditor by means of the enforcement of the enforcement order. Unofficial table of contents

Section 837 Transfer of a mortgage claim

(1) In order to transfer a paved claim for which a mortgage exists, it is sufficient to issue the transfer decision to the creditor. If the issue of the mortgage's letter is excluded, the transfer to payment shall be required instead of the registration of the transfer to the land register; the registration shall be effected on the basis of the transfer decision. (2) These rules shall not apply. insofar as the transfer of the claims to the services referred to in Section 1159 of the Civil Code. The same applies in the case of a backup mortgage in the case of § 1187 of the Civil Code from the transfer of the main claim. (3) In the case of a backup mortgage of the type referred to in § 1190 of the Civil Code, the main requirement may be: shall be kept and transferred in accordance with the general rules if the creditor requests the transfer of the claim without the mortgage in payment instead of the payment. Unofficial table of contents

Section 837a Transfer of a ship's mortgage request

(1) In order to transfer a paved claim for which there is a ship's mortgage, it is sufficient to transfer the request for confiscation to the creditor for the transfer of the transfer decision. In order to transfer payment instead of payment, the registration of the transfer is required in the register of ships or in the ship register; the registration is due to the transfer decision. (2) These provisions shall not apply to the extent that: the transfer of claims to those in § 53 of the Law on the Rights of Registered Ships and Shipyards of 15 November 1940 (RGBl. I p. 1499). The same shall apply if, in the case of a ship's mortgage, the principal claim is referred to the holder, from a change or from another paper transferable by Indossament, from a debt description. (3) In the case of a ship's mortgage, the principal claim shall be transferred. The ship's mortgage for a maximum amount (§ 75 of the law referred to in paragraph 2) applies in accordance with § 837 (3). Unofficial table of contents

§ 838 The debtor's plea in the case of fist pawn

If a claim secured by a lien on a movable property is transferred, the debtor may refuse to release the pans to the creditor until he/she is provided with security for the liability arising for him from an infringement. which may be incurred by the creditor to the pledge against the obligations of the creditor. Unofficial table of contents

Section 839 Transfer of wastage

If, in accordance with § 711 sentence 1, Section 712 (1) sentence 1, the debtor is allowed to wade enforcement by security or deposit, the transfer of paved money claims shall only be used for confiscation and only with the effect that the Third party debtor has to deposit the amount of the debt. Unofficial table of contents

§ 840 Declaration obligation of the third party debtor

(1) At the request of the creditor, the third party debtor has to declare to the creditor within two weeks, from the notification of the pledge, the following:

1.

whether and to what extent it is prepared to accept the claim as well-founded and to make payment;

2.

whether and what claims other persons make to the demand;

3.

whether and because of what claims the claim has already been pledged to other creditors;

4.

whether, within the last twelve months, the inability of the credit to the account to which credit has been paved has been ordered in accordance with Section 850l, and

5.

whether the account whose credit has been paved is a deposit protection account within the meaning of Section 850k (7).

(2) The invitation to submit these declarations must be included in the order of delivery. The third party debtor shall be liable to the creditor for the loss arising from the non-performance of his obligation. (3) The declarations of the third party debtor may be made at the time of service of the pledge decision or within the period specified in the first paragraph take place at the baili-enforcement. In the former case, they shall be included in the certificate of delivery and shall be signed by the third party debtor. Unofficial table of contents

Section 841 obligation to proclaim the dispute

The creditor who consents to the claim is obliged to proclaim the dispute to the debtor in court, unless a service is required abroad or a public service is required. Unofficial table of contents

Section 842 Damage to damages in the event of delayed recovery

The creditor, who delays the recovery of a claim referred to him for confiscation, shall be liable to the debtor for the damage resulting therefrom. Unofficial table of contents

Section 843 waiver of the creditor's creditor

The creditor may waive the rights acquired by seizure and transfer for confiscation, without prejudice to his right. The waier shall be made by means of a declaration to be submitted to the debtor. The declaration shall also be sent to the third party debtor. Unofficial table of contents

Section 844 Other type of exploitation

(1) Where the pledged claim is conditional or postponed, or if its confiscation is related to difficulties due to the dependence on a consideration or for other reasons, the court may, on request, in lieu of the transfer, a different kind. (2) Prior to the decision which will be granted to the application, the opponent shall be heard, unless a delivery abroad or a public service is required. Unofficial table of contents

§ 845 Prep.

(1) Even before the seizure is seized, the creditor may, on the basis of a enforceable debt title by the court enforcer, send the third party debtor and the debtor the notification that the pledge is imparted to the debtor, with the invitation to the Third-party debtors not to be paid to the debtor, and with the invitation to the debtor to refrain from any request, in particular their confiscation, to be included. The bailider has to make the notification with the calls himself, if he has been expressly instructed by the creditor to do so. The notification to the third party debtor shall have the effect of a lock (§ 930), provided that the pledge of the claim is made within one of the following documents. month. The deadline shall begin with the date on which the notification is delivered. Unofficial table of contents

Section 846 Enforcement of compulsory enforcement in the claims for disclosure

The compulsory execution in claims which are subject to the publication or performance of physical objects shall be carried out in accordance with § § 829 to 845, taking into account the following provisions. Unofficial table of contents

Section 847 The right to claim a movable property

(1) In the case of the seizure of a claim relating to a moving physical matter, it must be ordered that the case be issued to a bailider to be commissioned by the creditor. (2) The provisions relating to the recovery of the object shall be the subject of: the use of manicured property. Unofficial table of contents

Section 847a The right to issue a ship

(1) In the case of the seizure of a claim relating to a registered ship, it is to be ordered that the ship be issued to a trustee to be ordered by the enforcement court. (2) Is the right to transfer of the property directed, so represents the trustee of the debtor in the transfer of ownership. With the transfer of ownership to the debtor, the creditor acquires a ship's mortgage for his claim. The trustee has to authorise the registration of the ship's mortgage in the ship's register. (3) The enforcement of the ship into the ship shall be effected in accordance with the rules applicable to the enforcement of enforcement in immovable property. (4) The foregoing Provisions shall apply mutatily if the claim relates to a ship building which is registered in the ship's register or which may be entered in that register. Unofficial table of contents

Section 848 The right to claim an immovable property

(1) In the event of a claim relating to an immovable property, it is to be ordered that the case be issued to a sequester to be ordered at the request of the creditor by the District Court of the Occupied Matter. (2) Is the right to transfer of the property, the resignation shall be made to the sequester as a representative of the debtor. With the transfer of ownership to the debtor, the creditor acquires a backup mortgage for his claim. The sequester has to approve the registration of the backup mortgage. (3) Forced enforcement in the issue issued shall be effected in accordance with the rules applicable to the enforcement of the law in immovable property. Unofficial table of contents

§ 849 No transfer to payment instead of payment

A transfer of the payment claims referred to in § 846 shall be prohibited. Unofficial table of contents

Section 850 Pfändungsschutz für Arbeitsincomes

(1) Labour income payable in money can only be maintained in accordance with § § 850a to 850i. (2) Labour income within the meaning of this provision is the salaries and pensions of officials, wages and salaries, pensions and pensions. similar to the continuing income received from the employment or employment relationship after the indefinite or permanent departure of the employment or employment relationship, as well as survivors ' remuneration and other remuneration for services of all kinds which include the gainful employment of the All or part of the debtor's claim shall be taken into account. (3) Labour income is also the following remuneration, as far as they are payable in money:

a)

Remuneration which a worker may claim to compensate for restrictions on competition for the period following termination of his/her service;

b)

Pensions granted on the basis of insurance contracts when these contracts are received for the care of the policyholder or his dependants.

(4) The pledge of the labour income payable in money shall cover all allowances which are payable to the debtor from the work or service, regardless of their designation or calculation type. Unofficial table of contents

§ 850a Unconfespable covers

Unpawable

1.

half of the parts of the labour income paid for the performance of multi-working hours;

2.

the remuneration granted for the duration of a leave beyond the income of the work, grants on the occasion of a special operating event and trustees, in so far as they do not exceed the scope of the practice;

3.

Expenses, disbursements and other social allowances for external employment, the remuneration for self-made work materials, security allowances, and soil and insecurity benefits, insofar as these cover the framework of the usual practice. shall not exceed;

4.

Christmas allowances up to the amount of half of the monthly salary, but not more than 500 euro;

5.

Aid for marriage and childbirth, provided that enforcement is carried out on grounds other than those arising from marriage or childbirth;

6.

Educational allowances, study grants and similar references;

7.

Death and mercy covers from work or service conditions;

8.

Blind allowances.

Unofficial table of contents

§ 850b Conditional deductions

(1) Ingracable shall also be

1.

pensions payable on account of injury to the body or health;

2.

Maintenance pensions based on statutory provisions, as well as pensions to be paid for the withdrawal of such a claim;

3.

continuous income received by a debtor from a foundation or otherwise by reason of a third party's care and freedom, or on the basis of an end-of-life or draft contract;

4.

Benefits from life insurance, which are only concluded on the death of the policyholder, shall be deducted from life insurance claims made exclusively or for a substantial part, from widows, orphans, auxiliary and health insurance funds. if the insured amount does not exceed 3,579 euros.

(2) These references may be paved in accordance with the rules applicable to labour income if the execution in the other movable property of the debtor has not led to the full satisfaction of the creditor; or is not likely to lead and if, in the circumstances of the case, in particular according to the nature of the claim to be made and the amount of the references, the pledge corresponds to the equity. (3) The enforcement court is to take the decision before its decision listen to the participants. Unofficial table of contents

§ 850c Pfänding limits for labour income

(1) Labour income is inconundable if, depending on the period for which it is paid, it is no longer considered to be

930	Euro 1) monthly,
217.50	Euro 2) weekly or
43.50	Euro 3) daily,

. If the debtor grants his/her spouse, a former spouse, his/her partner, a former partner or a relative or a relative, or according to § § 1615l, 1615n of the Civil Code, a parent due to a legal obligation Maintenance, the amount up to which the amount of work income is inconsable shall be increased to

2 060	Euro 4) monthly,
478.50	Euro 5) weekly or
96.50	Euro 6) daily,

in order to

350	Euro 7) monthly,
81	Euro 8) weekly or
17	Euro 9) daily,

for the first person to be paid, and for each

195	Euro 10) monthly,
45	Euro 11) weekly or
9	Euro 12) daily

for the second to fifth persons. (2) If the amount of the work income exceeds the amount by which it is not payable, depending on the number of persons who are subject to the debtor's maintenance, in accordance with paragraph 1, the amount to be exceeded shall be: to a part of three-tenths of a tenths if the debtor does not support any of the persons referred to in paragraph 1, two further tenths for the first person to be paid, and one tenth for each of the persons referred to in paragraph 1. second to fifth person. The part of the labour income, the 2 851 Euro ¹³⁾ monthly (658 Euro ¹⁴⁾ weekly, 131,58 Euro ¹⁵⁾ (2a) The incalculable amounts referred to in paragraphs 1 and 2, second sentence, change respectively to 1 July of each second year, for the first time as at 1 July 2003, corresponding to the following: the percentage development of the basic free amount in accordance with section 32a (1) (1) of the Income Tax Act, as compared to the corresponding period of the previous year; the calculation is the version of section 32a (1) in force on 1 January of the respective year. 1 no. 1 of the Income Tax Act. The Federal Ministry of Justice shall disclose the relevant amounts in good time in the Bundesgesetzblatt (3) In the calculation of the part of the labour income which is to be deducted in accordance with paragraph 2, the income of the labour is, after deduction of the amount referred to in paragraph 2, if necessary Sentence 2, as can be seen from the table annexed to this Act, to be rounded down, in the case of payment for months to one by EUR 10, in the case of payment for weeks to one of EUR 2.50 or EUR Payout for days to a 50 cent dividable amount. (4) If a person who grants the debtor his own income on the basis of a legal obligation, the executing court may, at the request of the creditor, pay for a reasonable price. Discretion to determine that this person is wholly or partially disregarded in the calculation of the incalculable part of the labour income; if the person is to be taken into account only in part, the second sentence of paragraph 3 shall not be applied.
_____________The unpalatable amounts pursuant to paragraphs 1 and 2 sentence 2 are by means of a notice of § 850c of the Code of Civil Procedure (Pfändungsfreigrenzenannouncement 2005) of 25 February 2005 (BGBl. 493):
¹⁾ EUR 985,15; ²⁾ 226,72 Euro; ³⁾ EUR 45.34; ⁴⁾ 2 182.15 Euro; ⁵⁾ EUR 502,20; ⁶⁾ EUR 100,44; ⁷⁾ EUR 370,76; ⁸⁾ EUR 85.32; ⁹⁾ 17,06 Euro; ¹⁰⁾ EUR 206,56; ¹¹⁾ EUR 47.54; ¹²⁾ EUR 9.51; ¹³⁾ EUR 3 020.06; ¹⁴⁾ EUR 695,03; ¹⁵⁾ 139,01 Euro.

Footnote

(+ + + Note: Unpayable amounts as referred to in paragraph 1 and below) 2 sentence 2
for the period from 1 July 2007 to 30 June 2009, see Bek. v. 22.1.2007 I 64
(Pfändungsfreigrenzenannouncement 2007),
for the period from 1 July 2009 to 30 June 2011 see Bek. v. 15.5.2009 I 1141
(Pfändungsfreigrenzenannouncement 2009),
for the period from 1 July 2011, see Bek. v. 9.5.2011 I 825
(Pfändungsfreigrenzenannouncement 2011),
for the period from 1 July 2013, cf. Bek. v. 26.3.2013 I 710
(Pfändungsfreigrenzenannouncement 2013) u.
for the period from 1.7.2015 see Bek. v. 14.4.2015 I 618
(Pfändungsfreigrenzenannouncement 2015) + + +) Unofficial table of contents

§ 850d Pfäntability in maintenance claims

(1) Because of the maintenance claims, the law of a relative, the spouse, a former spouse, the life partner, a former life partner or according to § § 1615l, 1615n of the Civil Code, the parent are entitled to Labour income and the remuneration referred to in § 850a Nos. 1, 2 and 4, without the restrictions referred to in § 850c. However, the debtor is to be left as much as he or she is responsible for his necessary maintenance and for the fulfilment of his current legal obligations towards the creditor, or for the equal satisfaction of the creditor. Creditors must be entitled to the same beneficiaries; from the references referred to in § 850a Nos. 1, 2 and 4, it shall remain at least half of the amount which can be discredited in accordance with Section 850a. The part of his working income which remains to the debtor shall not exceed the amount which he would have to remain in respect of non-prepaid creditors in accordance with the provisions of Section 850c. The provisions of this paragraph shall not apply to the seizure because of the residues which have been due for more than one year before the application for the adoption of the seizure decision, in so far as it is not to be assumed, in the circumstances of the circumstances, that the (2) Several persons entitled under paragraph 1 shall be taken into account with their claims in the order in accordance with § 1609 of the Civil Code and Section 16 of the Life Partnership Act, with the following: have the same rank among them. (3) Enforcement on the grounds of the claims referred to in paragraph 1 as well as of pensions payable on grounds of injury to the body or health may at the same time also become due in future with the seizure as a result of the claims due to the right to pay Labour income shall be kept and transferred on account of the claims which shall become due in each case. Unofficial table of contents

§ 850e Calculation of the pfändable Labour Income

The following shall apply to the calculation of the palpable labour income:

1.

Not to be counted are the deductions withdrawn pursuant to § 850a of the seizure, as well as amounts which are to be deducted directly on the basis of tax or social law provisions for the fulfilment of legal obligations of the debtor. These amounts shall be equal to the amounts paid by the debtor on the payout period.

a)

be paid for further insurance in accordance with the provisions of the social security legislation; or

b)

to a replacement or to a private health insurance company, in so far as they do not exceed the scope of the usual practice.

2.

A number of working income is to be combined at the request of the enforcement court in the pledge. The unpalatable basic amount is to be deducted primarily from the labour income, which is the essential basis of the debtor's standard of living.

2a.

At the request of employment income, claims to current cash benefits are to be combined in accordance with the Social Code, to the extent that these are subject to the pledge. As far as the pledge does not take place on account of legal maintenance claims, the unpalatable basic amount is primarily to be found in the current cash benefits according to the Social Code. Claims for cash benefits for children may only be combined with income from work, insofar as they can be paved in accordance with § 76 of the Income Tax Act or § 54 (5) of the First Book of the Social Code.

3.

If the debtor receives, in addition to his income which can be paid in money, also the benefits of nature, money and nature services are to be combined. In this case, the amount payable in money shall be payable in so far as the part of the total income which is payable in accordance with section 850c is covered by the value of the natural benefits remaining to the debtor.

4.

If a seizure, a assignment or any other disposition are met on account of one of the claims referred to in § 850d with a seizure due to another claim, the maintenance claims shall initially be the following in accordance with § 850d of the Pfändung in extended scope of the working income to be extended. The offsetting shall be taken by the executing court at the request of a participant. The third party debtor may, as long as he is not served by a decision of the court of enforcement, make a waiver in accordance with the contents of the confessions of seizance, assignment and other dispositions which are known to him.

Unofficial table of contents

§ 850f Amendment of the inconundable amount

(1) The executing court may, at the request of the debtor, leave a part of his income in accordance with the provisions of Sections 850c, 850d and 850i of his employment income if:

a)

the debtor proves that, in the application of the pledge free limits in accordance with the Appendix to this Act (to § 850c), the necessary livelihood within the meaning of the third and Eleventh Chapter of the Twelfth Book of Social Code or under Chapter 3 Section 2 of the Second Book of the Social Code is not covered for itself and for the persons to which it is to be subject,

b)

particular needs of the debtor for personal or professional reasons, or

c)

the specific scope of the debtor's legal obligations, in particular the number of dependants, require

(2) If the execution of the enforcement is carried out on account of a claim arising from a deliberate act of unauthorised conduct, the executing court may, at the request of the creditor, be able to take the appropriate steps to However, the debtor shall not be subject to the restrictions laid down in Article 850c, but the debtor shall be left as much as he may for his necessary maintenance and for the fulfilment of his current legal maintenance obligations. (3) Where enforcement is required by reason other than the one referred to in paragraph 2; and In cases where the debtor's earnings are more than EUR 2 815 per month, the Court of Enforcement may, in cases where the income of the debtor is more than EUR 2 815 per month, be operated by the Court of Enforcement. ¹⁾ (weekly 641 Euro ²⁾ , daily 123,50 Euro ³⁾ ) shall, in addition to the amounts which would be maintained in accordance with Section 850c, determine, at the request of the creditor, the ability to be credited, taking into account the interests of the creditor and the debtor at its discretion. However, the debtor should be left at least as much as a monthly salary of € 2 815 per month. ¹⁾ (weekly 641 Euro ²⁾ , daily 123,50 Euro ³⁾ ) from § 850c. The amounts referred to in sentences 1 and 2 shall be amended on 1 July of each second year, for the first time as of 1 July 2003, in accordance with the rules laid down in Article 850c (2a). The Federal Ministry of Justice shall announce the relevant amounts in good time in the Federal Law Gazan.
_____________The amounts have been due to the announcement of § 850c of the Code of Civil Procedure (Pfändungsfreigrenzenannouncement 2005) of 25 February 2005 (BGBl. 493):
¹⁾ EUR 2 985; ²⁾ 678,70 Euro; ³⁾ 131.25 Euro.

Footnote

(+ + + Note: In order to change the amounts pursuant to § 850f (3) sentence 1 and 2, cf.
Bek. v. 9.5.2011 I 825 (Pfändungsfreigrenzenannouncement 2011),
Bek. v. 26.3.2013 I 710 (Pfändungsfreigrenzenannouncement 2013) u.
Bek. v. 14.4.2015 I 618 (Pfändungsfreigrenzenannouncement 2015) + + +) Unofficial table of contents

§ 850g Change in the conditions of incarnability

If the conditions for the dimensioning of the incalculable part of the labour income change, the enforcement court shall, at the request of the debtor or of the creditor, amend the order for the pledge accordingly. The application is also entitled to a third party, to which the debtor has to provide a maintenance of law. The third party debtor may, in accordance with the content of the previous decision, afford to have a liberating effect until such time as the decision on the amendment is notified to him. Unofficial table of contents

§ 850h Veiled Earnings

(1) If the recipient of the work or services performed by the debtor is obliged to provide services to a third party which, according to the situation of the circumstances, wholly or in part constitutes a remuneration for the performance of the debtor, the recipient may, the right of the third party to the right of the debtor to the extent that the claim is paved against the debtor, as if the claim of the debtor states. The pledge of the debtor's claim for remuneration shall not further include the right of the third party to pay. The pledge is to be sent to the third party as well as to the debtor. (2) The debtor benefits a third party in a permanent relationship, or services, which are usually remunerated by type and scope, free of charge, or In the case of a disproportionately low remuneration, the creditor's relationship with the recipient of the work and services shall be deemed to have been due to the remuneration of the creditor. In the examination of whether these conditions are met and in the assessment of the remuneration, all the circumstances of the individual case, in particular the nature of the work and service, the related or any other relationship between the To take account of the professional and the service and the economic performance of the person entitled to work. Unofficial table of contents

Section 850i Pfändungsschutz für Other Einkünfte,

(1) If non-recurring remuneration for works or services rendered personally or other income which is not a work income is paved, the court shall, on request, have the debtor so requested for a reasonable period of time. to leave much as he would remain after the court's free estimate if his income was out of running work or service wage. In the decision, the economic circumstances of the debtor, in particular his other ways of earnings, shall be freely paid. The debtor's request must be rejected in so far as the creditor's overriding interests are contrary. (2) The provisions of § 27 of the Home Labour Act of 14 March 1951 (BGBl. I p. 191) shall remain unaffected. (3) The provisions of the insurance, supply and other statutory provisions relating to the seizure of claims of a certain kind shall remain unaffected. Unofficial table of contents

§ 850k Pfändungsschutzkonto

(1) If the credit is paved on the debtor's seizance account at a credit institution, the debtor may in each case be connected by the end of the calendar month via credit in the amount of the monthly free amount pursuant to § 850c (1) sentence 1 § 850c (2a); in this respect, it is not covered by the seizure. The credit within the meaning of the first sentence shall also include the credit which shall not be paid or deposited to the creditor until the expiry of the period laid down in § 835 (4). In so far as the debtor does not have a credit in the amount of the amount free of charge in the relevant calendar month, in the following calendar month, in addition to the assets protected in accordance with the first sentence, that credit balance shall not be made available by the Seizure recorded. The rates 1 to 3 shall apply if the credit is paved in a checking account of the debtor, which has been converted into a seizance account before the expiry of four weeks since the transfer decision has been sent to the third party debtor (2) The pledge of the Guthabens is also deemed to be in accordance with the proviso that the following amounts are not covered by the seizure in an increase in the amount of the free amount referred to in paragraph 1:

1.

the amounts of non-binding amounts pursuant to § 850c (1) sentence 2 in conjunction with Section 850c (2a) sentence 1, if:

a)

the debtor to one or more persons is subject to a legal obligation, or

b)

the debtor's cash benefits in accordance with the Second or Twelfth Book of Social Code for with him in a community within the meaning of Section 7 (3) of the Second Book of the Social Code or the § § 19, 20, 36 sentence 1 or 43 of the Twelfth Book of Social Code living persons who are not obliged to support them under statutory provisions;

2.

One-off cash benefits within the meaning of Section 54 (2) of the First Book of the Social Code and cash benefits to compensate for the additional costs arising from damage to the body or health within the meaning of § 54 (3) (3) of the First Book of the Social Code;

3.

the child's allowance or other cash benefits for children, unless a child's maintenance requirement for which the benefits are granted or where it is taken into account shall be maintained.

For the amounts referred to in the first sentence, the third sentence of paragraph 1 shall apply. (3) The amount paid by the enforcement court in the consignment decision shall be replaced by the amount paid by the enforcement court in accordance with the first sentence of paragraph 1 and in the first sentence of paragraph 2, if the balance is due to the extent to which the amount is paid in accordance with the provisions of the first sentence of paragraph 1 § 850d. (4) The enforcement court may, on application, fix a non-condoning amount deviating from paragraphs 1, 2, first sentence, no. 1, and paragraph 3. § § 850a, 850b, 850c, 850d para. 1 and 2, § § 850e, 850f, 850g and 850i as well as § § 851c and 851d of this Act as well as § 54 para. 2, para. 3 nos. 1, 2 and 3, para. 4 and 5 of the First Book of the Social Code, § 17 para. 1 sentence 2 of the Twelfth Book The Social Code and § 76 of the Income Tax Act shall apply accordingly. In addition, the executing court has the power to issue the orders referred to in § 732 (2). (5) The credit institution shall be the debtor in respect of the performance of the assets not covered by the pledge under paragraphs 1 and 3 within the framework of the Contractually agreed. This shall apply to the amounts not covered by the pledge in accordance with paragraph 2 only in so far as the debtor is provided by a certificate issued by the employer, the family insurance fund, the social security institution or a suitable person or body within the meaning of § 305 Paragraph 1 (1) of the Insolvency Code shows that the credit balance is not covered by the pledge. The performance of the credit institution to the debtor shall have a liberating effect if he is not aware of the incorrectness of a certificate referred to in the second sentence or is not known as a result of gross negligence. If the debtor cannot carry out the proof in accordance with the second sentence, the enforcement court shall, on request, determine the amounts referred to in paragraph 2. The rates 1 to 4 also apply to deposit. (6) If a deposit protection account is credited with a cash benefit under the Social Code or child benefit, the credit institution may, for the duration of the period, be entitled to the claim arising from the credit note. 14 days since the credit is credited only with such receivings and shall only offset against this with such claims, which are due to him as payment for the account management or due to account availability of the authorized person within this period. Up to the amount of the credit institution's remaining amount, the credit institution shall not be entitled within 14 days since the credit note to refuse the execution of payment transactions due to lack of cover if the beneficiary proves or is not responsible for the payment of the credit card. otherwise known to the credit institution that it is the credit of a cash benefit under the Social Code or child benefit. The remuneration of the credit institution for account management may also be charged with amounts under paragraphs 1 to 4. (7) In a contract underlying the management of a giro account, the customer, who is a natural person, or his/her own Legal representative and the credit institution agree that the current account shall be held as a seizance protection account. The customer may request at any time that the credit institution shall conduct its current account as a seizance protection account. If the credit of the giro account has already been paved, the debtor may request the tour as a deposit protection account at the beginning of the fourth business day following his declaration. (8) Each person may only have one pledge protection account . In the event of an agreement, the customer shall reassure the credit institution that he does not have a further seizance protection account. The credit institution may notify credit agencies that it has a seizance protection account for the customer. The credit agencies may use this information only in order to provide credit institutions with information on request for the purpose of checking the accuracy of the insurance provided for in the second sentence as to whether the person concerned has an account of the seizance of the consignment. The collection, processing and use for a purpose other than the one set out in sentence 4 is also inadmissible with the consent of the data subject. (9) In contrast to the first sentence of paragraph 8, a debtor shall keep several current accounts as deposit protection accounts, at the request of a creditor, the executing court orders that only the checking account referred to in the application by the creditor to the debtor remains as an account for the protection of the confession of the debt. The creditor shall make the conditions set out in the first sentence credible by submitting appropriate statements by the third party debtors. A hearing of the debtor is not held. The decision shall be notified to all third party debtors. The effects referred to in paragraphs 1 to 6 shall be eliminated by the notification of the decision to those credit institutions whose current accounts are not intended to be used for the protection of the seizance account. Unofficial table of contents

§ 850l Arrangement of the inability of account balances on the Pfändungsschutzkonto

At the request of the debtor, the enforcement court may order that the credit on the seizure account shall not be subject to the seizure for the period of up to twelve months of the pledge, if the debtor proves that the account in the last six months has been months before the application was made, the amounts of which were largely unpalatable and credibly credited to the fact that only very largely unpalpable amounts could be expected within the next twelve months. The order may be failed if the creditor's concerns are predominant. It shall be waived at the request of a creditor, if the conditions of the creditor are no longer fulfilled, or if the order is contrary to the overriding interests of that creditor. Unofficial table of contents

Section 851 Non-transferable receivables

(1) In the absence of special provisions of the pledge, a claim is subject only to the extent to which it is transferable. (2) A claim which is not transferable pursuant to § 399 of the Civil Code may be paved and used for confiscation. shall be referred to as the subject-matter of the pledge. Unofficial table of contents

Section 851a Pfändungsschutz for farmers

(1) The seizure of claims from the sale of agricultural products to a debtor operating the agricultural sector shall, at his request, be waived by the Court of Judgment in so far as the income for the maintenance of the agricultural product is subject to the (2) The pledge should be maintained if it is clear that the conditions for the lifting of the Compulsory enforcement as referred to in paragraph 1. Unofficial table of contents

Section 851b Pfändungsschutz bei Miet-und Pachtzinsen

(1) The seizure of rent and lease is to be lifted at the request of the debtor from the executing court in so far as these income for the debtor for the day-to-day maintenance of the land, for the taking of necessary repair work and for the maintenance of the Satisfaction of claims, which in the case of a foreclosure in the property would proceed according to § 10 of the law on the forced auction and the forced administration would proceed. The same shall apply from the seizure of cash and assets stemming from rental or lease payments and indispensable for the purposes set out in the first sentence. (2) If the application is not filed within a period of two weeks, it shall not be required to: The Court of Enforcement Shall refuse factual examination if the enforcement court is of the conviction that the debtor has not previously submitted the application for the purpose of the abductions or gross negligence. (3) arrangements referred to in paragraph 1 may be issued on a number of occasions and shall be repealed or amended upon request, in so far as circumstances are required. (4) Before the decisions referred to in paragraphs 1 and 3 above, insofar as this is possible without significant delay, the creditor shall be heard. The actual circumstances of the decision are to be made credible. The pledge shall not be seizure if it is clear that the conditions for the lifting of the enforcement of the enforcement order in accordance with paragraph 1 are fulfilled. Unofficial table of contents

Section 851c Pfändungsschutz bei Altersrenten

(1) Claims for benefits granted on the basis of contracts may only be paved like labour income if:

1.

the performance at regular intervals of life and not before the completion of the 60. are granted for life or only at the time of entry into the occupational incapacity,

2.

of the claims under the Treaty may not be provided;

3.

the provision of third parties, with the exception of survivors, is excluded as righthold; and

4.

the payment of a capital benefit, with the exception of a payment for the death, has not been agreed.

(2) In order to enable the debtor to establish an adequate retirement pension, he may, taking into account the development on the capital market, the risk of death and the level of the pledge, be graduated according to his age, collect a certain amount annually, on the basis of a contract referred to in paragraph 1, up to a total of EUR 256 000. The debtor shall be entitled to the 18. to the completed 29. Life year 2 000 Euro, of 30. up to the end of 39. Life year 4 000 euros, from 40. to the full 47. Life Year 4 500 Euro, of 48. up to the end of the 53. Life year 6 000 Euro, of 54. up to the age of 59. Life year 8 000 euro and 60. to the finished 67. Year of life € 9 000 per year. If the repurchase value of the old-age insurance exceeds the unpalatable amount, three-tenths of the overshooting amount shall be unscathed. Sentence 3 shall not apply to the part of the repurchase value which exceeds the three-fold value of the amount referred to in the first sentence. (3) § 850e Nos. 2 and 2a shall apply accordingly. Unofficial table of contents

§ 851d Pfändungsschutz in the case of tax-funded retirement pension

Monthly benefits in the form of a life-long pension or monthly instalment payments as part of a payout plan according to § 1 (1), first sentence, sentence 1, sentence 1, sentence 4 of the retirement pension certification act are from tax-funded retirement pension funds like work income can be maintained. Unofficial table of contents

Section 852 Limited receivables

(1) The obligation to participate is subject to the pledge only if it has been recognized by contract or has become legally dependent. (2) The same applies to the right to be handed out according to § 528 of the Civil Code to the Schenker Gift as well as the claim of a spouse for the compensation of the gain. Unofficial table of contents

§ 853 Multiple Pfändung of a monetary claim

If a monetary claim is pledged for several creditors, the third party debtor is entitled and, at the request of a creditor who has been referred to the claim, is obliged to display the facts and under the suspense of the person he/she has received. Decisions to the Local Court, the decision of which shall be notified to him first, to deposit the amount of the debt. Unofficial table of contents

§ 854 Multiple pledge of a claim to movable property

(1) Where a claim relating to a movable physical cause is paved for several creditors, the third party debtor is entitled and, at the request of a creditor to whom the claim has been transferred, shall be obliged to make the case under the indication of the To issue the facts of the case and, at the same time, to the decisions taken by the bailider, which is authorized to receive the goods in accordance with the decision which he has taken first. If the creditor has not referred to such a court enforcator, he shall be appointed by the local court of the place where the case is to be issued at the request of the third party debtor. (2) If the proceeds to cover the claims are not sufficient, and If the creditor for which the second or subsequent seizure has been made, without the consent of the other creditors involved, requires a different distribution than in the order of the pleadings, the court-enforceable shall have the facts under Deposit of the proceeds of the proceeds to the Local Court, the decision of which shall be the third party debtor is delivered first. This display shall be accompanied by the documents relating to the proceedings. (3) In the same way, proceedings shall be taken if the seizure of several creditors is effected at the same time. Unofficial table of contents

§ 855 Multiple pledge of a claim to an immovable property

If the claim relates to an immovable property, the third party debtor shall be entitled and, at the request of a creditor to whom the claim has been transferred, shall be obliged to view the case on the basis of the facts and under the suspense of the person who has been assigned to the third party. To issue decisions on the sequester appointed by the District Court of the Occupied Matter or to be appointed for its application. Unofficial table of contents

§ 855a Multiple seizure of a claim on a ship

(1) Where the claim relates to a registered ship, the third party debtor shall be entitled and, at the request of a creditor to whom the claim has been transferred, shall be obliged to display the ship on the basis of the facts of the case and with the decisions taken on the basis of the decisions taken by the (2) Paragraph 1 shall apply mutaficly if the claim relates to a ship building which is registered in the Register of Shipyards or which may be entered in the Register. Unofficial table of contents

§ 856 Application for multiple seizure

(1) Any creditor who has been transferred to the claim shall be entitled to bring an action against the third party debtor for the performance of the obligations under the provisions of § § 853 to 855 of this obligation. (2) Any creditor for whom the claim is subject (3) The third party debtor has to apply to the court of proceedings to request that the creditors, which do not raise the action and not join the plaintiff, have been invited to the oral proceedings. (4) The decision taken in the (5) The third party debtor cannot rely on a creditor for the decision that is favourable to him if the creditor is to make an appointment for the creditor's decision. has not been summoned for oral proceedings. Unofficial table of contents

Section 857 Forced enforcement in other property rights

(1) In the case of compulsory enforcement in other assets which are not subject to compulsory enforcement in the immovable property, the above provisions shall apply accordingly. (2) If a third party debtor is not present, the pledge shall be (3) In the absence of special provisions of the pledge, an inalienable right shall be subject to inalienable law in so far as it does not comply with the provisions of the law of the the exercise may be left to another person. (4) The court may, in the case of the Enforcement in inalienable rights, the exercise of which may be left to another, enacted special orders. It may, in particular in the enforcement of rights of use, order an administration, in which case the seizure shall be effected by handing over the item to be used to the liquidator, unless it has already been served by the notification of the decision. (5) If the divestiment of the law itself is admissible, this divestment may also be ordered by the court. (6) The provisions relating to the enforcement of the law into a reallast, a basic debt or a pension debt shall be the subject of the the foreclosure in a claim for which there is a mortgage, (7) The provision of Section 845 (1) sentence 2 shall not apply. Unofficial table of contents

§ 858 Forced enforcement in ship-saving

(1) For the foreclosure of the ship-saving (§ § 489 ff. § 857 with the following deviations. (2) The court of law is the jurisdiction of the District Court, which holds the register for the ship. (3) The consecration needs to be entered in the register of the ship; the registration is subject to the registration of the ship. shall be made on the basis of the order. The decision of the pledge shall be sent to the correspondent shipowner; if the decision is delivered to the correspondent before the registration, the seizure shall be deemed to have been effected with the delivery as effected. (4) The paved ship saves shall be used in the way of the Divestiment. An extract from the register shall be attached to the request for disposal of the divestitures, which shall contain all the entries concerning the ship and the shipyards; the extract shall not be older than one week. (5) The extract shall be given out of the Ship's register that the ship-saving is subject to a lien which is to a creditor other than the operator, the deposit of the proceeds shall be ordered. In this case, the proceeds shall be distributed in accordance with the provisions of § § 873 to 882; claims for which a lien on the ship-saving is registered shall be included in the subplan according to the contents of the ship's register. Unofficial table of contents

Section 859 Pfändung of total trade shares

(1) The share of a shareholder in the company assets of a company entered into in accordance with Section 705 of the Civil Code shall be subject to the pledge. The share of a shareholder in the individual items belonging to the company property shall not be subject to the pledge. (2) The same rules shall apply to the share of a co-inherit at the estate and the individual Estate items. Unofficial table of contents

Section 860 Pfändung von Gesamtgutandivide

(1) In the case of the status of the goods of the goods community, the proportion of a spouse in the total good and the individual items belonging to it shall not be subject to the confespan. The same applies in the case of the continued community of goods from the shares of the surviving spouse and the offspring. (2) After the end of the Community the share of the total good in favour of the creditors of the creditor of the pledge is . Unofficial table of contents

§ § 861 and 862 (omitted)

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§ 863 PfändungsRestrictions on inheritance uses

(1) If the debtor is limited as a heir pursuant to Section 2338 of the Civil Code by the establishment of a heir, the benefits of the inheritance shall not be subject to the pledge, provided that they are to be fulfilled by the debtor of his/her spouse, of its former spouse, partner, former life partner, or his/her relatives in relation to the legal basis of the law, and in order to conserve his/her standard of maintenance. The same shall apply if the debtor is limited in accordance with Section 2338 of the Civil Code by the appointment of a executor, for his entitlement to the annual net return. (2) The pledge is not limited if the (3) These rules apply accordingly if the share of a descendant's share of the total good of the continued Community of goods pursuant to Section 1513 (2) of the Civil Code of a Restriction shall be subject to the type referred to in paragraph 1.

Title 3
Enforcement of the immovable property

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Section 864 Subject matter of the execution of the property

(1) The enforcement of the immovable property shall be subject, in addition to the land, to the authorizations for which the provisions relating to land are applicable, the ships registered in the register of ships and the shipbuilding works which shall be subject to the following conditions: may be entered in the Register of Shipyards or may be entered in the Register. (2) Forced execution in the fraction of a land, of an entitlement of the type referred to in paragraph 1, or of a ship or ship's construction, shall be if the fraction is in the share of a co-owner, or if the claim of the creditor is based on a law with which the fraction is charged as such. Unofficial table of contents

Section 865 Relation to the execution of the furniture

(1) Forced enforcement in immovable property shall also include the items on which the mortgage, in the case of ships or shipbuilders, the mortgage, in the case of land and rights, shall extend to the ship ' s mortgage. (2) These objects may, where appropriate: they're accessories, they're not being paved. Moreover, they shall be subject to compulsory enforcement in the movable property as long as their seizure has not been carried out in the course of the enforcement of the immovable property. Unofficial table of contents

§ 866 Types of enforcement

(1) Forced execution in a property is effected by registering a backup mortgage for the claim, by forced auction and by compulsory administration. (2) The creditor may require that one of these measures of measurement alone or in addition to the (3) A backup mortgage (paragraph 1) may only be registered for an amount of more than 750 euros; interest shall not be taken into account in so far as they are claimed as a secondary claim. A uniform security mortgage may be registered on the basis of a number of debt instruments belonging to the same creditor. Unofficial table of contents

§ 867 forced mortgage

(1) The backup mortgage shall be entered in the land register at the request of the creditor; the registration shall be recorded on the enforceable title. The registration forms the mortgage. The property shall also be liable for the costs of the registration to which the debtor is charged. (2) If several property of the debtor is to be debited with the mortgage, the amount of the claim shall be distributed to the individual land. The size of the parts shall be determined by the creditor; for the parts, § 866 (3) sentence 1 shall apply. (3) The enforceable title, on which the registration is noted, shall be sufficient for the satisfaction of the property by forced auction. Unofficial table of contents

Section 868 Acquisition of the forced mortgage by the owner

(1) Where an enforceable decision is to remove the decision to be executed or its provisional enforceability, or if the enforcement of the enforcement order is declared inadmissible or ordered to be withdrawn, the owner of the decision shall be entitled to: (2) The same shall apply if, by a court decision, the injunction of enforcement and, at the same time, the annulment of the enforceable measures of enforcement, are ordered or if they are used for the purpose of wasting the Enforcement shall be carried out in accordance with security or deposit. Unofficial table of contents

§ 869 Forced auction and forced administration

The forced auction and the forced administration are governed by a special law. Unofficial table of contents

§ 870 Basic rights of land

The enforcement of compulsory enforcement shall be subject to the enforcement of the provisions relating to the enforcement of the law in respect of land for which the enforcement of the land is subject. Unofficial table of contents

§ 870a Enforcement of enforcement in a ship or ship

(1) Forced enforcement in a registered ship or ship building which is registered in the Register of Shipyards or may be entered in that register shall be effected by registering a ship's mortgage in respect of the claim or by Forced auction. The arrangement of a forced auction of a seagoing ship is inadmissible if the ship is on the journey and is not located in a port. (2) § 866 para. 2, 3, § 867 shall apply accordingly. (3) If the ship is to be executed by a enforceable decision, the The ship's mortgage shall cease to be valid or its provisional enforceability shall be revoked or the enforcement order declared inadmissible or the suspension of the enforcement shall be ordered; Section 57 (3) of the Law on Rights of Registered Ships and shipbuilders of 15 November 1940 (RGBl. I p. 1499). The same shall apply where, by a court decision, the imposition of the enforcement order and, at the same time, the annulment of the enforcement measures which have taken place are ordered, or where the law governing the execution of the enforcement of the execution of the enforcement of the enforcement of the enforcement of the enforcement of enforcement Safety performance or deposit. Unofficial table of contents

Section 871 State legal reservation in the case of railways

This is without prejudice to the provisions of national law which, when a person other than the owner of a railway or a small railway carries out the operation of the railway by virtue of its own right of use, shall dedicate the right of use and certain of the holdings to it. Objects in the sight of the foreclosure of immovable property belong and the enforcement is regulated by way of derogation from the provisions of federal law.

Title 4
Distribution procedures

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Section 872 Conditions

The distribution procedure shall enter into force if, in the case of the enforcement of the assets, a sum of money is deposited in the movable property which does not extend to the satisfaction of the creditors involved. Unofficial table of contents

Section 873 Request of the distribution court

The competent local court (§ § 827, 853, 854), after receipt of the notification of the facts, has to issue a request to each of the creditors involved to calculate within two weeks a calculation of the claim for capital, interest, costs and other costs. To submit additional claims. Unofficial table of contents

Section 874 Subplan

(1) After the expiry of the two-week time-limits, a partial plan shall be drawn up by the court. (2) The amount of the costs of the proceedings shall be deducted from the stock of the mass in advance. (3) The claim of a creditor, who shall until the time of the preparation of the Partial plan of the request addressed to him is not complied with, will be calculated after the advertisement and its documents. A subsequent addition to the claim does not take place. Unofficial table of contents

Section 875 Termination

(1) The court has to determine an appointment for the declaration of the subplan and for the execution of the distribution. The subplan must be placed at the office for the inspection of the parties at the latest three days before the date of the meeting. (2) The debtor's summons to the appointment shall not be required if they are served by delivery abroad or by public service. Unofficial table of contents

Section 876 Date of declaration and execution

If there is no objection to the plan in the date, the plan shall be brought to the execution. If there is a contradiction, each of the creditors involved has to declare immediately. If the objection is recognised as justified by the parties concerned or if an agreement is reached elsewhere, the plan shall be corrected accordingly. If a contradiction is not dealt with, the plan shall be executed in so far as it will not be affected by the appeal. Unofficial table of contents

§ 877 Säumnissequences

(1) In the case of a creditor who has not appeared before the court before the date, it is assumed that he is in agreement with the execution of the plan. (2) Is a creditor not published in the date of the date of the event. in the event of the opposition of another creditor, it shall be presumed that he does not recognise that objection as justified. Unofficial table of contents

Section 878 Opposition situation

(1) The rebellious creditor must prove to the court that he has brought an action against the creditors concerned within a period of one month starting on the date of the date of the date of the date of the date of the date of the date of the date of the date of the date of the date After fruitless expiry of this period, the execution of the plan will be ordered without regard to the contradiction. (2) The power of the creditor, who has contradicted the plan, will have a better right against the creditor who has a monetary amount according to the plan. , shall not be excluded by the failure of the time-limit and by the execution of the plan. Unofficial table of contents

Section 879 Jurisdiction for the Opposition

(1) The lawsuit shall be filed with the distribution court and, if the object of the dispute does not belong to the jurisdiction of the local courts, in the district court in whose district the distribution court has its registered office. (2) The district court shall be responsible for all He shall be responsible if his/her jurisdiction is based on the content of the inconsistencies which have been raised and which have not been given in the date of execution, even in the case of a lawsuit, unless all the creditors involved agree that the Distribution court should decide on all contradictions. Unofficial table of contents

Section 880 Content of the judgment

At the same time, in the judgment which is decided on an objection raised, it is to be determined which creditors and in what amounts the contested part of the mass is to be paid out. If this is not considered appropriate, the preparation of a new plan and a different distribution procedure shall be placed in the judgment. Unofficial table of contents

§ 881 Versaumnisurteil

The judgment of failure to act against a contradicting creditor must be adopted in such a way that the opposition should be regarded as withdrawn. Unofficial table of contents

Section 882 Procedure after the judgment

On the basis of the judgment adopted, the payment or the other distribution system shall be ordered by the distribution court.

Title 5
Enforcement of the law against legal persons under public law

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Section 882a Forced execution due to a monetary claim

(1) Forced enforcement against the Federal Government or a country on account of a monetary claim may, in so far as dire rights are not pursued, start only four weeks after the date on which the creditor intends to execute the enforcement of the law. , the authority appointed to represent the debtor and, if the enforcement is to be carried out in a capacity managed by another authority, also to the Minister of Finance concerned. Upon request, the creditor shall be certified to receive the advertisement. To the extent that in such cases enforcement is to be effected by the court enforcer, the court enforcer shall be determined by the executing court at the request of the creditor. (2) Forced enforcement shall be inadmissible in matters relating to the The performance of public duties of the debtor is indispensable or the sale of the debtor is contrary to public interest. Whether the conditions of the first sentence are fulfilled shall be decided in the case of a dispute in accordance with Section 766. The competent Minister must be heard before the decision. (3) The provisions of paragraphs 1 and 2 shall apply to the enforcement of the law against corporate bodies, institutions and foundations of public law, subject to the conditions laid down in the The authority referred to in paragraph 1 shall be represented by the legal representatives. The restrictions laid down in paragraphs 1 and 2 shall not apply to public banking and credit institutions. (4) (omitted) (5) The announcement of foreclosure and the observance of a waiting period in accordance with paragraphs 1 and 3 shall not be required, in the case of the enforcement of an indiscriminate disposal.

Title 6
List of debtors

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Section 882b Contents of the debtor's directory

(1) The central enforcement court in accordance with Section 882h (1) leads a list (list of debtors) of those persons,

1.

the registration of the court enforcator has been ordered in accordance with § 882c;

2.

the registration of which the executing authority has ordered in accordance with Section 284 (9) of the Tax Code; an order of registration pursuant to Section 284 (9) of the Tax Code shall be the order of entry in the debtor's register by means of a Enforcement authority, which has been issued on the basis of an equivalent regulation by federal law or by country law;

3.

the registration of which the insolvency court has ordered in accordance with Section 26 (2) or Article 303a of the Insolvency Code.

(2) The list of debtors shall indicate:

1.

the name, first name and birth name of the debtor, and the company and its number of the register sheet in the commercial register;

2.

the date of birth and place of birth of the debtor;

3.

the residence of the debtor or the registered office of the debtor;

including dissimilar personal data. (3) In the debtor's list, further details are given:

1.

the file number and the court or the executing authority of the matter of enforcement or insolvency proceedings,

2.

in the case referred to in paragraph 1 (1), the date of the registration and the reason for registration in accordance with § 882c;

3.

in the case referred to in paragraph 1 (2), the date of the registration order and the reason for registration pursuant to section 284 (9) of the tax code or equivalent arrangements within the meaning of paragraph 1 (2), second sentence,

4.

in the case referred to in paragraph 1, point 3, the date of the registration arrangement and the finding that a request for the opening of insolvency proceedings concerning the assets of the debtor have been dismissed in accordance with the first sentence of Article 26 (1) of the Insolvency Code , or in the case of a registration pursuant to Section 303a of the Insolvency Code of the reason leading to registration and the date of the decision of the insolvency court.

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Section 882c EintragungsArrangement

(1) The competent court enforcator shall arrange for the registration of the debtor in the list of debtors on the basis of his or her own account, if:

1.

the debtor has not complied with his obligation to charge the property;

2.

Enforcement on the basis of the contents of the list of assets would appear to be unfit to lead to the full satisfaction of the creditor, on whose application the property information is issued or to which the information given has been sent , or

3.

the debtor does not provide the enforcer with the full satisfaction of the creditor within one month after the transfer of the property or the announcement of the lead pursuant to Section 802d (1) sentence 2, on whose application the asset information , or to whom the information given has been sent. This shall not apply as long as a payment plan is fixed in accordance with § 802b and is not obsolete.

(2) The insertion arrangement shall be briefly justified. It shall be sent to the debtor, insofar as it is not disclosed to him orally and is included in the protocol (§ 763). (3) The order of entry shall contain the data referred to in § 882b (2) and (3). If the court enforcator is not aware of the data to be entered in the list of debtors pursuant to Section 882b (2) (1) to (3), he shall obtain information from the bodies referred to in Article 755 (1) and (2), first sentence, or (1) (1) (1), or shall enter the commercial register in order to: to obtain the necessary data. Unofficial table of contents

§ 882d Full drawing of the entry order

(1) The debtor may appeal to the competent court of enforcement against the registration order in accordance with § 882c within two weeks since the announcement. The contradiction does not inhibit the enforcement of the law. After the expiry of the period of the sentence 1, the court enforcer shall immediately transmit the order electronically to the central enforcement court in accordance with Section 882h (1). This shall cause the debtor to be registered. (2) At the request of the debtor, the executing court may order that the registration be suspended in the first place. The central enforcement court pursuant to Section 882h (1) shall refrain from registration if it is presented with the copy of a enforceable decision which shows that the registration arrangement is at times suspended. (3) On the basis of The remedies referred to in paragraphs 1 and 2 shall be provided to the debtor with the notification of the entry order. The court, which has decided on the appeal, shall transmit its decision to the central enforcement court in accordance with Section 882h (1) electronically. Unofficial table of contents

§ 882e Delete

(1) An entry in the list of debtors shall be deleted after the expiration of three years from the date of the registration order by the central enforcement court in accordance with § 882h para. 1. (2) On objections to the deletion pursuant to paragraph 1 or to its Failure shall be decided by the official of the office of the office. The remembrance according to § 573 takes place against his decision. (3) By way of derogation from paragraph 1, an entry on the order of the central enforcement court pursuant to Section 882h (1) shall be deleted if this is the case.

1.

the full satisfaction of the creditor has been demonstrated;

2.

the absence or omission of the ground of application has become known; or

3.

the copy of an enforceable decision shall be submitted, the result of which is that the entry order is suspended or suspended in the first place.

(4) If the Central Enforcement Court is aware, pursuant to Section 882h (1), that the contents of a registration have been incorrect from the beginning, the registration shall be changed by the official of the Office of the Office of the Office. If the debtor or a third party is complain of the change in the registration, the memory shall take place in accordance with § 573. Unofficial table of contents

§ 882f Einsicht in the debtor register

The access to the list of debtors is permitted to anyone who is required to provide information in accordance with § 882b:

1.

for the purpose of foreclosure;

2.

in order to comply with legal obligations to verify the economic reliability;

3.

to examine the conditions for the award of public services;

4.

in order to avoid economic disadvantages which may arise from the fact that debtors do not meet their payment obligations;

5.

for the purposes of law enforcement and enforcement;

6.

for information relating to him/her.

The information may only be used for the purpose for which it has been transmitted; it shall be deleted after the purpose of the information has been reached. Non-public authorities shall be aware of this in the case of transmission. Unofficial table of contents

§ 882g Granting of printing

(1) From the list of debtors, prints can be issued on request for the current reference, including by means of transmission in a form that can only be read by machine. In the case of transmission in a form which can only be read by machine, the data transfer rules defined by the regional justice administration are valid. (2) Printed prints are:

1.

Chambers of industry and commerce and public bodies in which members of a profession are united by law (Chambers),

2.

applicants who use imprints for the establishment and management of non-public central debtors ' registers, or

3.

Applicants whose legitimate interest cannot be duly taken into account by means of individual inspection in the country school lists or by reference to the lists referred to in paragraph 5.

(3) The prints shall be treated confidentially and shall not be made accessible to third parties. Upon termination of the current reference, the imprints shall be destroyed without delay; information may no longer be given. (4) The Chambers may give information to their members or to the members of another Chamber. Other persons who are entitled to print may provide information to the extent that this is part of the proper functioning of the product. Paragraph 3 shall apply accordingly. The information may also be provided in the automated retrieval procedure, in so far as this procedure is appropriate, taking into account the legitimate interests of the persons concerned and the business purposes of the authorities entitled to call them. (5) The Chambers may summarise the imprints in lists or assign them to third parties; they shall supervise them in the performance of the contract. The lists may be left to the members of the Chambers at their request for the current reference. In the case of the lists, paragraph 2 (3) and (3) shall apply accordingly. The recipients of the lists may only give information to someone whose interests they have to exercise by law or contract. (6) For prints, lists and records of an entry in the list of debtors who are responsible for the processing of such documents. § 882e Para. 1 shall apply mutadenly to printing or listing or based on information on entries in the debtor's register. The recipients shall be informed of any premature deletions (§ 882e para. 3) within one month. They shall immediately inform the recipients of lists (paragraph 5, sentence 2). In the records drawn up on the basis of the prints and lists, the entries shall be deleted immediately. Lists shall also be destroyed without delay, insofar as they are replaced by new. (7) In the cases referred to in paragraph 2 (2) and (3) and in paragraph 5, non-public bodies (§ 38) of the Federal Data Protection Act (Bundesdatenschutzgesetz) shall apply with the proviso that the Supervisory authority shall also monitor the processing and use of such personal data in or out of files. The same shall apply to non-public bodies which have received information from the bodies referred to in paragraph 2. (8) The Federal Ministry the justice system is authorized by law with the consent of the Federal Council

1.

to adopt rules on the relationship between imprints referred to in paragraphs 1 and 2 and the approval procedure and the reference to the lists referred to in paragraph 5;

2.

rules on the establishment and design of automated retrieval procedures referred to in the fourth sentence of paragraph 4, in particular the logging of the calls for data protection purposes;

3.

the issue and storage of imprints from the list of debtors, the preparation, use and transfer of lists, the notification and the execution of deletions and the exclusion from the receipt of prints and lists shall be laid down in more detail in order to: ensuring the proper handling of communications, protection against unauthorised use and the timely erasure of entries;

4.

for the enforcement of the non-compliance and cancellation obligations in the event of withdrawal of the authorization, provision should be made for the imposition of periodic penalty payments; the individual penalty payment may not exceed EUR 25 000.

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§ 882h jurisdiction; design of the debtor's directory

(1) The debtor list shall be held by a central enforcement court for each country. The contents of the debtor's directory can be viewed via a central and cross-country query on the Internet. The countries may transfer and distribute the fees as well as further settlement tasks in connection with the query in accordance with sentence 2 to the competent authority of a country. (2) The state governments determine by means of law, which Court shall carry out the duties of the Central Enforcement Court referred to in paragraph 1. Section 802k (3) sentences 2 and 3 shall apply accordingly. The management of the debtor's directory is a matter for the administration of justice. (3) The Federal Ministry of Justice is authorized to give the details of the form and transmission of the Pursuant to Section 882b (1) and the decisions pursuant to Section 882d (3) sentence 2 of this Act and Section 284 (10) sentence 2 of the Tax Code or equivalent regulations within the meaning of Section 882b (1) No. 2 (2) of this Act as well as to the decisions of Contents of the debtor's directory and for the design of the insight, in particular by means of a to regulate automated retrieval procedures. The legal regulation has to provide for appropriate arrangements for the protection of data protection and data security. In particular, it is necessary to ensure that the data

1.

in the case of electronic transmission to the central enforcement court referred to in paragraph 1 and in the case of passing on to another body referred to in the second sentence of paragraph 2, are protected against unauthorised disclosure,

2.

intact and fully reproduced,

3.

can be attributed at any time to their origin, and

4.

can only be retrieved by registered users after the indication of the intended use, every retrieval operation is logged and users in the event of an abusive data retrieval or misuse of data are logged from the inspection can be excluded.

The data of the users may only be used for the purposes set out in sentence 3, point 4.

Section 3
Enforcement for the effect of the publication of objects and for the effect of acts or omissions

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Section 883 The publication of certain movable property

(1) If the debtor has to hand out a movable property or a quantity of certain movable property, then they shall be taken away from him by the bailier and handed over to the creditor. (2) If the item to be identified is not found, then the person shall be returned to the debtor. the debtor shall, at the request of the creditor, commit to the protocol to the oath, instead of reassuring that he does not possess the object, nor know where the matter is. The bailier responsible pursuant to § 802e invites the debtor to submit the affictity insurance. The provisions of § § 478 to 480, 483, 802f (4), § 802g to 802i and 802j (1) and (2) apply. (3) The court may decide on a change in the law of the oath to which the law applies. (4) (omitted) Unofficial table of contents

§ 884 Performance of a certain quantity of justifiable property

If the debtor has to pay a certain quantity of reasonable property or securities, the provision of Section 883 (1) shall apply mutacadially. Unofficial table of contents

Section 885 The publication of land or ships

(1) If the debtor has to hand out, leave or vacate an immovable property or a registered ship or ship's structure, the court enforceable shall have the debtor from the possession of the debtor and have the creditor in possession of the property. The bailider has to ask the debtor to name an address for the purpose of delivery or an agent of delivery. (2) Moving things which are not the subject of the enforcement of the enforcement order shall be made by the Bailie shall be removed and the debtor, or, if the debtor is absent, an agent of the debtor, an adult member of the family, a person employed in the family or an adult permanent roommate. (3) Is neither the debtor nor any of the designated Persons who are present or are refused to receive the goods shall, at the expense of the debtor, create or otherwise bring the goods referred to in paragraph 2 into the deposit chamber at the expense of the debtor. Movable property, which obviously has no interest in the storage, shall be destroyed immediately. (4) The debtor does not request the goods within a period of one month after the eviction, the bailider shall divt the goods. Matters and deposits the proceeds. The bailider sells the goods and deposits the proceeds even if the debtor requests the goods within a period of one month without paying the costs within a period of two months from the date of the eviction. § § 806, 814 and 817 are to be applied accordingly. Items which cannot be used are to be destroyed. (5) Insolvable objects and items in which a redeeming proceeds are not to be expected shall be issued at any time without further action at the request of the debtor. Unofficial table of contents

Section 885a Restricted order for enforcement

(1) The enforcement order may be limited to the measures pursuant to Section 885 (1). (2) The court enforcer shall, in the minutes (§ 762), document the freely visible movable property which he/she is responsible for in the case of the the execution of the execution. The creditor may, at any time, create and retain movable property which is not the subject of foreclosure, in the documentation of photographs in electronic form. He can destroy any movable property that is obviously not in the interest of being kept. The creditor has to represent only intent and gross negligence with regard to the measures under sentences 1 and 2. (4) The debtor does not request the property with the creditor within a period of one month after the creditor has been sent to the creditor. Possession, the creditor can exploit the things. § § 372 to 380, 382, 383 and 385 of the Civil Code shall be applied accordingly. A threat of auctioning does not take place. Items that cannot be recovered may be destroyed. (5) Insolvable objects and items in which a redeeming proceeds are not to be expected shall be issued at any time without further action at the request of the debtor. (6) With the Notification of the eviction date shall be communicated to the creditor and the debtor to the provisions of paragraphs 2 to 5. (7) The costs referred to in paragraphs 3 and 4 shall be deemed to be the costs of the enforcement of the enforcement. Unofficial table of contents

Section 886 Issuance in the custody of a third party

If a matter to be issued is in the custody of a third party, the creditor shall, at his request, transfer the claim of the debtor to the disclosure of the item in accordance with the rules governing the seizure and transfer of a monetary claim. . Unofficial table of contents

Section 887 Representative acts

(1) In the event that the debtor does not fulfil the obligation to carry out an act which can be carried out by a third party, the creditor shall be authorized by the court of the proceedings of the first legal suit upon request, at the expense of the debtor. (2) The creditor may, at the same time, request that the debtor be ordered to pay the advance payment of the costs incurred as a result of the action taken, without prejudice to the right to demand, where the taking of the action of the (3) On the enforcement of the law, the The foregoing provisions shall not be applicable to the publication or performance of goods. Unofficial table of contents

Section 888 Non-justifiable acts

(1) If an act cannot be carried out by a third party, if it depends exclusively on the will of the debtor, it shall be recognized, upon request by the court of proceedings of the first legal suit, that the debtor is to take the action by penalty payment and, in the event that it cannot be recovered, to be halted by force or by force. The individual penalty payment may not exceed the amount of EUR 25 000. The provisions of the second section on detention shall apply mutagentily for the purpose of coercion. (2) An threat of coercion shall not take place. (3) These provisions shall come from a service contract in the case of conviction for the performance of services shall not be used. Unofficial table of contents

§ 888a No action for execution in the case of compensation

If, in the case of § 510b, the defendant is convicted of payment of compensation, the enforcement shall be excluded on the basis of the provisions of § § 887, 888. Unofficial table of contents

Section 889 Eidesstately insurance under civil law

(1) If the debtor is convicted under the provisions of the civil law for the purpose of issuing an oath of insurance, the insurance shall be issued before the local court as a court of enforcement in the district of which the debtor is domicated in the territory of the country. has his residence or, in the absence of such a place of residence, otherwise before the District Court as a court of enforcement in whose district the court of proceedings of the first legal train is situated. The provisions of § § 478 to 480, 483 apply accordingly. (2) The debtor does not appear in the date specified for the delivery of the oath insurance or he refuses to give the afficor insurance, so the person who is responsible for the payment of the fee is not Court of Enforcement in accordance with § 888. Unofficial table of contents

Section 890 Enforcement of omissions and dulsions

(1) If the debtor is contrary to the obligation to refrain from an act or to tolerate the taking of an act, he shall, on the basis of any infringement at the request of the creditor, be from the trial court of the first legal train to a In the event that the latter cannot be recovered, it is to be condemned for administrative detention or for administrative detention of up to six months. The individual order fee may not exceed the sum of EUR 250,000, which shall not exceed a total of two years. (2) The conviction shall be preceded by a corresponding threat which, if not in the judgment issuing the obligation, shall not be (3) The debtor may also, at the request of the creditor, for the purpose of ordering a security for the damage caused by more remote infringements to a certain period of time shall be condemned. Unofficial table of contents

§ 891 Procedure; Consultation of the debtor; Costing decision

The decisions to be taken in accordance with § § 887 to 890 shall be taken by decision. The debtor is to be heard before the decision. § § 91 to 93, 95 to 100, 106, 107 shall apply accordingly for the cost decision. Unofficial table of contents

§ 892 Resistance of the debtor

If the debtor resists the acceptance of an act which he or she has to tolerate in accordance with the provisions of § § 887, 890, the creditor may, in order to eliminate the resistance, grant a bailider to the court who, in accordance with the provisions of § 758 (3) and § 759. Unofficial table of contents

§ 892a (omitted)

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Section 893 Application for performance of interest

(1) The provisions of this Section shall not affect the right of the creditor to demand the performance of the interest. (2) The creditor shall have the right to benefit from the interest in the proceedings of the court of proceedings of the first person. Legal action to be invoked. Unofficial table of contents

Section 894 Fiktion of the submission of a declaration of intent

If the debtor is convicted of issuing a declaration of intent, the declaration shall be deemed to have been made as soon as the judgment has acquired the legal force. If the declaration of intent is made dependent on a consideration, this effect shall occur as soon as a enforceable copy of the final judgment is issued in accordance with the provisions of § § 726, 730. Unofficial table of contents

Section 895 declaration of intent for the purpose of registration for provisionally enforceable judgment

Where a provisionally enforceable judgment of the debtor is required to submit a declaration of intent, on the basis of which the debtor is to be entered in the land register, the register of ships or the register of ships, the registration of a declaration shall be deemed to have been made. Prior notice or an appeal as approved. The pre-notice or opposition shall be terminated if the judgment is annulled by a enforceable decision. Unofficial table of contents

Section 896 Granting of documents to creditors

If, on the basis of a judgment which replaces a declaration of intent by the debtor, an entry is to be made in a public book or register, the creditor may, in place of the debtor, grant the documents referred to in § 792 shall, in so far as it requires these documents to be entered in the registration. Unofficial table of contents

§ 897 Üuring; procurement of fundamental rights

(1) If the debtor is convicted of transferring the property or ordering a right to a movable property, the transfer of the goods shall be deemed to have been carried out if the court enforcator has the object for the purpose of delivery to the creditor (2) The same shall apply if the debtor is sentenced to order a mortgage, a basic debt or a pension debt, or a mortgage claim, a basic debt or a pension debt, for the transfer of the mortgage, Basic debt or retirement debt briefs. Unofficial table of contents

Section 898 Gutgläubiger acquisition

The provisions of civil law in favour of those who derive rights from a non-authorized person shall apply to an acquisition, which is carried out in accordance with § § 894, 897.

Section 4
(dropped)

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§ § 899 to 915h (omitted)

Section 5
Arrest and incitement

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§ 916 Arredo spell

(1) The Arrest shall be held in order to secure the enforcement of the assets in the movable or immovable property because of a monetary claim or because of a claim which may be transferred to a monetary claim. (2) The admissibility of the arrest shall not be granted. shall not be subject to the claim or may be subject to the claim, unless the conditional claim does not have a current asset because of the removed possibility of the entry of the condition. Unofficial table of contents

§ 917 Arrest reason in the case of a dingy arrest

(1) The Arrest in rem takes place if it is to be concerned that the execution of the judgment would be foiled or made considerably more difficult without the imposition of the judgment. (2) It is to be regarded as a sufficient reason for the sentence if the judgment abroad is to be found abroad should be enforced and reciprocity should not be guaranteed. An arrest ground does not require the arrest of the Arrest only in order to secure the enforcement of a ship into a ship. Unofficial table of contents

§ 918 Arrest reason for personal arrest

Personal security arrest shall only take place if it is necessary to secure the risk of foreclosure in the debtor's assets. Unofficial table of contents

§ 919 Arrestgericht

For the order of the arrest, both the Court of First Instance shall have jurisdiction as the Local Court in whose district the object to be held by Arrest or the person to be limited in their personal freedom is situated. Unofficial table of contents

§ 920 Arrest sought

(1) The application shall contain the name of the claim indicating the amount of money or the monetary value as well as the name of the rest reason. (2) The claim and the reason for the arrest shall be made credible. (3) The application may be made before the The Office of the Protocol shall be declared a Protocol. Unofficial table of contents

Section 921 Decision on the application of the Arrest

Even if the claim or the reason for the arrest is not made credible, the court may order the arrest of the Arrest, provided that security is provided for the impending drawbacks of the opponent. It can make the arrangement of the lock dependent on a security power, even if the claim and the Arrest reason are made credible. Unofficial table of contents

§ 922 Arresturteil and Arrest Decision

(1) The decision on the application shall be made in the event of an oral hearing by an enduro part, otherwise by decision. The decision by which the Arrest is ordered shall be justified if it is to be asserted abroad. (2) The decision by which an Arrest is ordered shall have the party responsible for the arrest of the Arrest to be delivered. (3) The An opponent shall not be notified of a decision rejecting the application for the arrest or for declaring a prior security service required. Unofficial table of contents

Section 923 Enforcement of the application

In the case of the arrest warrant, a sum of money shall be determined, by the deposit of which the arrest of the arrest shall be inhibited and the debtor shall be entitled to the request for the cancellation of the full arrest. Unofficial table of contents

§ 924 contradiction

(1) Contradiction takes place against the decision by which an arrest is made. (2) The opposing party has to present in the contradiction the reasons which it intends to invoke for the lifting of the arrest. The Court of First Instance has to determine the date of the oral proceedings. If the arbitral tribunal is a district court, the objection shall be made in writing or in the minutes of the office of the office, stating the reasons for the annulment of the arrest. (3) By raising the objection the execution of the arrest is not inhibited. The court may, however, take an injunction in accordance with § 707; § 707 (1) sentence 2 shall not apply. Unofficial table of contents

Section 925 Decision after objection

(1) If an objection is raised, it is necessary to decide on the legality of the arrest by a final judgment. (2) The court may confirm, amend or repeal the Arrest in whole or in part, including the confirmation, amendment or cancellation of a Make security performance dependent. Unofficial table of contents

Section 926 Order of the Clay Survey

(1) If the main matter is not pending, the Arrestgericht shall, upon request, order without oral proceedings that the party which has acted upon the arrest warrant shall have an action within a period to be determined. (2) This order shall not be filed. In the event of a consequence, the removal of the arrest by the final part shall be made on request. Unofficial table of contents

Section 927 Waiver of changes in circumstances

(1) Even after the confirmation of the arrest, the cancellation of the arrest may be requested due to changes in circumstances, in particular due to the execution of the rest reason or due to the performance of the safety performance. (2) The decision shall be made by Endurteil shall be issued; it shall be issued by the court which ordered the arrest of the Arrest, and if the main thing is pending, by the court of the main thing. Unofficial table of contents

Section 928 Enforcement of the Arredo

The provisions relating to enforcement shall be applied in accordance with the law on enforcement of the arrest, unless the following paragraphs contain different provisions. Unofficial table of contents

Section 929 Enforcement clause; full-time period

(1) Arrest orders require the enforcement clause only if the enforcement is to be carried out for a creditor other than the creditor designated in the command or against a debtor other than the debtor designated in the order. (2) The enforcement of the Arrest warrant is not permitted if a month has passed since the day on which the order is announced or the party whose application he has received has been delivered. (3) Enforcement shall be admissible before the delivery of the arrest warrant to the debtor. However, it shall be without effect if service is not carried out within one week of the date of enforcement and before the expiry of the period specified in the preceding paragraph. Unofficial table of contents

Section 930 Full education in movable property and receivability

(1) The enforcement of the arrest in movable property shall be effected by seizure. The pledge shall be based on the same principles as any other pledge and shall give rise to a lien with the effects specified in § 804. The Arrestgericht is responsible for the seizure of a claim as a court of enforcement. (2) The amount of money received and the amount of the proceeds falling within the distribution procedure on the creditor shall be deposited. (3) The court of enforcement may, upon request, that a movable physical object, if it is exposed to the risk of a significant reduction in value, or if its storage would cause disproportionate costs, will be auctioned off and the proceeds shall be deposited. (4) The Execution of the arrest in a non-registered seagoing ship is inadmissible, if the ship is on the journey and is not in a port. Unofficial table of contents

Section 931 Full education in a registered ship or ship's structure

(1) The enforcement of the arrest in a registered ship or ship's structure shall be effected by seizure in accordance with the provisions relating to the seizure of movable property with the following deviations. (2) The pledge shall be based on a lien on the (3) The pledge shall be ordered by the Arrestgericht as a court of enforcement at the request of the creditor; the court has at the same time the register court for the registration of a notice of (4) In the case of the seizure of the seizure, the court enforceable shall have the right to request the ship's register or the ship's register. (4) The court enforceable shall be responsible for the maintenance of the ship's register or the ship's register. (5) If, at the time of the execution of the Arrest, the forced auction of the ship or ship's structure is initiated, the seizure of the ship or the ship's structure shall be deemed to have been carried out in this case. first seizure within the meaning of § 826; the transcript of the Pfändprotocol is the (6) At the request of the creditor, the right of maintenance shall be entered in the register of ships or the register of ships; the amount of the sum of money determined in accordance with section 923 shall be deemed to be the maximum amount for which the ship or Ship's structure is liable. In addition, § 867 (1) and (2) and 870a (3) shall apply mutagens, unless otherwise specified above. (7) The arrest of the arrest in a registered seagoing ship is inadmissible if the ship is on the journey. and it's not in a port. Unofficial table of contents

§ 932 Arresthypothek

(1) The enforcement of the arrest in a property or in an entitlement for which the provisions relating to land shall apply shall be effected by registering a backup mortgage for the claim; the one established pursuant to § 923 The amount of money shall be deemed to be the maximum amount for which the property or the entitlement shall be liable. A claim under § 1179a or § 1179b of the Civil Code does not apply to creditors or creditors of the backup mortgage registered in the land register. (2) The provisions of § 866 (3) sentence 1, § 867 (1) and (2) and § 868. (3) The application for the registration of the mortgage is valid in the sense of § 929 para. 2, 3 as the execution of the arrest command. Unofficial table of contents

Section 933 Enforcement of personal arrests

The enforcement of the personal safety arrest shall be governed by the provisions of Sections 802g, 802h and 802j (1) and (2) and, if it is carried out by other restrictions of personal freedom, in accordance with the provisions of Articles 802g, 802h and 802j (1) and (2). Arrest court to take special orders in respect of which the restrictions on detention are decisive. The amount of money determined in accordance with section 923 shall be included in the arrest warrant. Unofficial table of contents

Section 934 Repeal of the Arrest Enforcement

(1) If the amount of money set out in the arrest warrant is deposited, the full arrest of the executing court shall be revoked. (2) The court of enforcement may also order the lifting of the arrest if the duration of the continuation is special. (3) The decisions referred to in this paragraph shall be taken by decision. (4) Against the decision, by which the arrest of the Arrest shall take place. (3) The decision shall be taken by the Arrest. , an immediate complaint shall be made. Unofficial table of contents

Section 935 Disputes concerning the subject-matter of the dispute

Injunctions with respect to the subject-matter of the dispute shall be admissible if it is to be obtained that a change in the existing state may result in the implementation of the right of a party being thatched or substantially impeded. Unofficial table of contents

Section 936 Application of the Arrest Provisions

In the case of injunctions and other procedures, the provisions relating to the arrangement of arrests and the procedure for the use of arrests shall be applied in accordance with the provisions of the following paragraphs, unless the following paragraphs are not in conformity with the provisions of the following paragraphs. . Unofficial table of contents

Section 937 Court of First Instance

(1) The Court of First Instance is responsible for the adoption of injunctions. (2) The decision may be taken in urgent cases and, if the request for the injunction is to be rejected, without oral proceedings. . Unofficial table of contents

Section 938 Content of the inconsals

(1) The court shall determine, at its discretion, which orders are necessary to achieve the purpose. (2) The injunctions may also be in a sequestration, as well as the fact that an act is offered or prohibited to the opponent, in particular, the divestiment, loading or pledging of a land or a registered ship or ship's construction is prohibited. Unofficial table of contents

Section 939 Waiver against security

Only in special circumstances can the cancellation of an indiscriminate disposal against security be permitted. Unofficial table of contents

Section 940 Introductory part of the procedure for the settlement of an inconusive condition

Injunctions are also admissible for the purpose of regulating an injunction in relation to a contested legal relationship, provided that such legislation, in particular in the case of permanent legal relationships, is a waste of substantial disadvantages. or for the prevention of imminent violence or for other reasons. Unofficial table of contents

§ 940a evacuation of living space

(1) The eviction of living space may be ordered by means of a consecration only because of prohibited self-power or in the event of a concrete danger to life or limb. (2) The eviction of living space may also be carried out by incontentious provision against a third party. , which is in the possession of the rental item, if a enforceable eviction title exists against the tenant and the landlord has become aware of the third party's possession of the property only after the conclusion of the oral proceedings. (3) Is eviction proceedings for late payment, the eviction of housing may be due to the insolvency of (4) In the cases referred to in paragraphs 2 and 3, the court has to consult the opponent before issuing an eviction order. Unofficial table of contents

§ 941 Request for entries in the land register, etc.

If, on the basis of the inconscription, an entry has to be entered in the land register, the register of ships or the shipbuilder's register, the Court of First Instance shall be empowered to request the registration of the Land Registry or the Register Authority. Unofficial table of contents

Section 942 Jurisdiction of the Local Court of the Beleogenic Matter

(1) In cases of urgency, the district court in whose district the object of the dispute is situated may issue an invalidity period, with the determination of a time limit within which the person's summons to oral proceedings on the legality of the dispute may be (2) The invalidity period, on the basis of which a notice or objection to the correctness of the basic book, the register of ships or the ship's register of ships, is available. , may be enacted by the District Court, in the district of which the property is situated or the home port or place of origin of the ship or the construction site of the ship's structure is located, even if the case is not considered urgent; if the home port of the ship is not domestically, then the The official court in Hamburg shall issue an incontrition. The time limit referred to in paragraph 1 shall be determined only at the request of the opponent. (3) After the expiry of the period of time, the Local Court shall, upon request, waive the disposal of the issued order. (4) The decisions referred to in this paragraph of the District Court shall be taken by decision. Unofficial table of contents

Section 943 Court of First Instance

(1) The court of the main proceedings within the meaning of the provisions of this section shall be the court of the first legal proceedings and, where the main matter is pending in the appellate instance, the court of appeal. (2) The court of the main matter shall be the court of the main proceedings for the in accordance with § 109 of the provisions to be taken exclusively if the main cause is pending or has been pending. Unofficial table of contents

Section 944 Decision of the Chairman as a matter of urgency

In cases of urgency, the chairman may decide, instead of the court, of the applications referred to in this paragraph, provided that the execution of such requests is not required by the oral proceedings. Unofficial table of contents

Section 945 Claims for damages

If the order of an arrest or a restrainating order proves to be unjustified from the beginning or if the ordered measure is repealed on the basis of section 926 (2) or section 942 (3), the party which the order of the order has to offer is shall be obliged to replace the opponent with the damage resulting from the enforcement of the ordered measure or by the fact that he or she provides security in order to prevent the enforcement of the law or to remove the measure. Unofficial table of contents

Section 945b Regulation empowerment

With the consent of the Bundesrat, the Federal Ministry of Justice has adopted, with the consent of the Federal Council, the more detailed provisions on the establishment and management of the register, on the filing of protective documents on the register, on the retrieval of protective documents. from the register, the charging of fees and the details of data transmission and storage, as well as data security and accessibility. Unofficial table of contents

§ § 946 to 1024 (omitted)

Book 10
Referee procedure

Section 1
General provisions

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Section 1025 Scope

(1) The provisions of this book shall apply if the place of the arbitral proceedings is within the meaning of § 1043 (1) in Germany. (2) The provisions of § § 1032, 1033 and 1050 shall also be applied if the place of the (3) As long as the place of the arbitral proceedings has not yet been determined, the German courts are in favour of the exercise of the proceedings in the § § 1034, 1035, 1037 and 1038 if the defendant or the plaintiff has its registered office or its place of business, (4) § § 1061 to 1065 shall apply to the recognition and enforcement of foreign arbitration awards. Unofficial table of contents

Section 1026 Scope of judicial activity

A court may only take action in matters governed by § § 1025 to 1061, in so far as this book provides for it. Unofficial table of contents

Section 1027 Loss of the Rüfairer

If a provision of this book from which the parties may deviate has not been complied with or an agreed requirement of the arbitral procedure has not been complied with, a party which does not immediately or within one of its provisions may not shall no longer be relied upon later. This does not apply if the party was not aware of the defect. Unofficial table of contents

Section 1028 receipt of written communications for an unknown stay

(1) If the stay of a party or of a person entitled to receive it is unknown, unless the parties have agreed otherwise, written communications shall be deemed to have been received on the date on which they are sent in the event of a proper transmission of may have been received by registered mail against receipt or in any other manner which proves the access to the last known postal address or establishment or the last-known habitual residence of the addressee. (2) Paragraph 1 shall not apply to communications in court proceedings.

Section 2
Arbitration Agreement

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Section 1029 Definitions

(1) The arbitration agreement is an agreement between the parties, all or individual disputes arising between them in relation to a specific legal relationship of a contractual or non-contractual nature, or arising in the future, the (2) An arbitration agreement may be concluded in the form of an independent agreement (arbitration agreement) or in the form of a clause in a contract (arbitration clause). Unofficial table of contents

§ 1030 Arbitration

(1) Any claim for property rights may be the subject of an arbitration agreement. An arbitration agreement on non-property rights shall have legal effect in so far as the parties are entitled to conclude a settlement on the subject of the dispute. (2) An arbitration agreement on litigation, which shall: the existence of a rental relationship with domestic living space is ineffective. This does not apply in so far as it concerns the housing of the type defined in § 549 (2) (1) to (3) of the Civil Code. (3) Legal provisions outside this book, according to which disputes do not comply with a arbitral procedure. or may be subject only under certain conditions, shall remain unaffected. Unofficial table of contents

Section 1031 Form of the arbitration agreement

(1) The arbitration agreement must either be in a document signed by the parties or in a letter, remote copy, telegram or other forms of communication that are exchanged between them, which shall be proof of the agreement (2) The form referred to in paragraph 1 shall also be deemed to be fulfilled if the arbitration agreement is contained in a document submitted by one of the parties to the other party or by a third party and the content of the agreement shall be deemed to have been fulfilled. of the document in the event of an objection not made in good time, by the (3) If a contract corresponding to the formal requirements of paragraph 1 or 2 is related to a document containing a arbitration clause, this shall be based on an arbitration agreement if the reference is such that it makes this clause an integral part of the contract. (4) (5) Arbitration agreements in which a consumer is involved must be included in a document signed by the parties on their own hand. The written form according to sentence 1 may be replaced by the electronic form in accordance with § 126a of the Civil Code. Any agreements other than those relating to the arbitral proceedings may not contain the document or the electronic document, except in the case of notarial certification. (6) The lack of form shall be due to the omission of the document. he healed the arbitration court hearing on the main matter. Unofficial table of contents

Section 1032 Arbitration Agreement and Court of First Instance

(1) Where an action is brought before a court in a matter which is the subject of an arbitration agreement, the Court of First Instance shall dismiss the action as inadmissible, provided that the defendant, before the commencement of the oral proceedings, becomes the main object, it shall: (2) In the case of court proceedings, pending the formation of the arbitral tribunal, a request for the determination of the admissibility or inadmissibility of a arbitral judicial authority may be made. (3) A procedure within the meaning of paragraph 1 or 2 shall be made available to: , an arbitral proceedings may nevertheless be initiated or continued and an arbitral award may be issued. Unofficial table of contents

Section 1033 Arbitration agreement and injunction court measures

An arbitration agreement does not preclude a court, either before or after the commencement of the arbitral proceedings, at the request of a party, of a provisional or securing measure in relation to the subject-matter of the arbitral proceedings. shall be arranged.

Section 3
Formation of the arbitral tribunal

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Section 1034 Composition of the arbitral tribunal

(1) The parties may agree to the number of arbitrators. In the absence of such an agreement, the number of arbitrators shall be three. (2) If the arbitral agreement of a party has an overweight in the composition of the arbitral tribunal which penalates the other party, that party may in the case of court request the referee or the arbitrator to be appointed by way of derogation from the appointment or the nomination arrangements. The application shall be made no later than two weeks after the party has become aware of the composition of the arbitral tribunal. Section 1032 (3) shall apply accordingly. Unofficial table of contents

§ 1035 Order of the referees

(1) The parties may agree to the procedure for the appointment of the arbitrator or the arbitrator. (2) Unless otherwise agreed by the parties, a party shall be bound by the appointment of an arbitrator by the parties, as soon as the other party has received the notice of the order. (3) If the parties agree to appoint the arbitrators, a single arbitrator will be appointed if the parties fail to agree on his/her order, on the request of a party by the Court of First Instance. In arbitral proceedings with three arbitrators, each party appoints an arbitrator; these two arbitrators order the third arbitrator, who will act as chairman of the arbitral tribunal. If a party does not order the arbitrator within one month of receiving a corresponding request from the other party, or if the two arbitrators are not able to submit their order to the arbitrator within one month of their appointment to the third party, The arbitrator shall be appointed by the court at the request of one of the parties. (4) If the parties have agreed a procedure for the order and a party is not acting in accordance with this procedure, the arbitrator shall be entitled to: Parties or the two arbitrators shall not reach agreement in accordance with this procedure If a third party does not fulfil a task assigned to him under this procedure, any party may request the Court to order the necessary measures, provided that the agreed order for order to secure the order (5) In order to appoint an arbitrator, the Court of First Instance has to take into account all the conditions required by the party agreement for the arbitrator and to take account of all the points of view which the Court of First Instance held in respect of the arbitrator. Ensure the appointment of an independent and non-partisan arbitrator. When ordering a single arbitrator or a third arbitrator, the Court of First Instance also has to consider the advisability of ordering an arbitrator with a nationality other than that of the parties. Unofficial table of contents

Section 1036 Rejection of an arbitrator

(1) A person who is requested to be an arbitrator shall have to disclose all circumstances which may raise doubts about their impartiality or independence. An arbitrator shall also be obliged to disclose such circumstances to the parties immediately after his appointment until the end of the arbitral proceedings, if he has not communicated them to them before. (2) An arbitrator may: shall be rejected only if there are circumstances which give rise to legitimate doubts as to his impartiality or independence, or if he does not fulfil the conditions agreed between the parties. A party may refuse an arbitrator, which it has appointed or participated in order, only for reasons which have become known to it only after the order has been placed. Unofficial table of contents

Section 1037 rejection procedure

(1) The parties may, subject to the provisions of paragraph 3, agree a procedure for the rejection of an arbitrator. (2) If such an agreement is not reached, the party that wishes to reject an arbitrator shall within two weeks after it the composition of the arbitral tribunal or a circumstance within the meaning of section 1036 (2) has become known to the arbitral tribunal in writing of the grounds for refusal. If the rejected arbitrator does not resign from his office or if the other party does not agree to the rejection, the arbitral tribunal shall decide on the refusal. (3) The rejection shall remain in accordance with the procedure agreed by the parties or after the decision has been taken. the proceedings provided for in paragraph 2 are unsuccessful, the negative party may, within one month after having become aware of the decision to refuse refusal, take a decision in the case of a court of repudiation. , the parties may agree to a different period. While such a request is pending, the arbitral tribunal, including the rejected arbitrator, may continue the arbitral proceedings and issue an arbitral award. Unofficial table of contents

§ 1038 Unactivity or impossibility of task performance

(1) Where an arbitrator is not legally or in fact unable to perform his duties, or if, for other reasons, he fails to perform his duties within a reasonable period, his office shall end when he resigns or if the parties to the arbitrator are to To agree to terminate his office. If the arbitrator does not withdraw from his office or if the parties cannot agree on the termination of the arbitrator, any party may apply to the court for a decision on the termination of the office. (2) If an arbitrator occurs in the cases, of paragraph 1 or section 1037 (2), or if a party agrees to the termination of the arbitrator's office, this shall not imply recognition of the grounds for resignation referred to in paragraph 1 or section 1036 (2). Unofficial table of contents

Section 1039 Order of a substitute arbitrator

(1) If the Office of an arbitrator shall, in accordance with § § 1037, 1038, or because of his resignation from the Office for any other reason, or because of the cancellation of his office by agreement of the parties, a substitute arbitrator shall be ordered. The order shall be made in accordance with the rules applicable to the appointment of the arbitrator to be replaced. (2) The parties may agree to a different agreement.

Section 4
Jurisdiction of the arbitral tribunal

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Section 1040 Power of the arbitral tribunal to decide on its own jurisdiction

(1) The arbitral tribunal may decide on its own jurisdiction and in connection therewith on the existence or validity of the arbitration agreement. In this case, an arbitration clause is to be treated as an agreement which is independent of the other provisions of the Treaty. (2) The complaint of lack of competence of the arbitral tribunal is to be brought forward at the latest with the responsibility for the defence. From the collection of such a complaint, a party is not excluded by the fact that it has appointed an arbitrator or has participated in the appointment of an arbitrator. The complaint that the arbitral tribunal overshoots its powers should be raised as soon as the case in question, which is alleged to be the case, is discussed in the arbitral proceedings. The arbitral tribunal may, in both cases, allow a later complaint if the party gives sufficient apology for the delay. (3) If the arbitral tribunal holds jurisdiction, it shall, as a rule, decide on a complaint under paragraph 2 by means of an interim decision. In this case, each party may request a court decision within one month after written notification of the decision. While such a request is pending, the arbitral tribunal may continue the arbitral proceedings and issue an arbitral award. Unofficial table of contents

Section 1041 Measures of inconsary legal protection

(1) If nothing else has been agreed upon by the parties, the arbitral tribunal may, at the request of a party, order provisional or securing measures which it deems necessary in relation to the subject-matter of the dispute. The arbitral tribunal may request adequate security from any party in connection with such a measure. (2) The court may, at the request of one of the parties, authorise the enforcement of a measure pursuant to paragraph 1, unless a corresponding one has already been In the case of a court or tribunal, a request for legal protection has been requested. (3) On request, the Court of First Instance may repeal or amend the decision referred to in paragraph 2. (4) The order of a measure referred to in paragraph 1 shall be deemed to have been adopted from the outset. unjustifiably, the party which has obtained its enforcement shall be obliged to replace the opponent with the damage resulting from the enforcement of the measure or by the fact that it provides security in order to prevent the enforcement of the law. The claim can be asserted in the pending arbitral proceedings.

Section 5
Implementation of the arbitral procedure

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Section 1042 General procedural rules

(1) The parties shall be treated equally. (3) By the way, the parties may, subject to the mandatory provisions of this Book, the proceedings themselves or by reference to the law of the parties. (4) As far as an agreement of the parties is not available and this book does not contain any rule, the procedural rules are determined by the arbitral tribunal at its discretion. The arbitral tribunal shall be entitled to decide on the admissibility of a survey, to implement it and to pay tribute to the result freely. Unofficial table of contents

Section 1043 Place of arbitral proceedings

(1) The parties may conclude an agreement on the place of the arbitral proceedings. In the absence of such an agreement, the arbitral tribunal shall determine the place of the arbitral proceedings. In so doing, account shall be taken of the circumstances of the case, including the suitability of the place for the parties. (2) If the parties have not agreed otherwise, the arbitral tribunal may, notwithstanding paragraph 1, apply to any place which may appear to be appropriate to the arbitral tribunal. oral proceedings, for the hearing of witnesses, experts or the parties, for consultation between its members, for the inspection of matters or for inspection in documents. Unofficial table of contents

§ 1044 Start of the arbitral proceedings

If the parties have not agreed otherwise, the arbitral proceedings shall commence on a certain dispute with the day on which the defendant received the request to submit the dispute to an arbitral tribunal. The application must contain the name of the parties, the indication of the subject of the dispute and an indication of the arbitration agreement. Unofficial table of contents

Section 1045 procedural language

(1) The parties may agree on the language or languages to be used in the arbitral proceedings. In the absence of such an agreement, the arbitral tribunal shall determine. The agreement of the parties or the determination of the arbitral tribunal shall be, unless otherwise provided for, for written declarations of a party, oral proceedings, arbitration awards, other decisions and other communications of the arbitral tribunal. (2) The arbitral tribunal may order that written evidence must be accompanied by a translation into the language or languages agreed between the parties or determined by the arbitral tribunal . Unofficial table of contents

Section 1046 Application for action and defence

(1) Within the time limit agreed by the parties or determined by the arbitral tribunal, the plaintiff has to set out his claim and the facts on which that claim is based, and to give its opinion to the defendant. The parties may present all documents which appear to them to be significant or indicate other evidence that they wish to use. (2) If the parties have not agreed otherwise, each party may, in the course of the arbitral of the arbitrators, be able to: (3) Paragraphs 1 and 2 shall apply to the counterclaim, unless the arbitral tribunal fails to do so because of delay which is not sufficiently apologised. accordingly. Unofficial table of contents

Section 1047 Oral proceedings and written procedure

(1) Subject to an agreement between the parties, the arbitral tribunal shall decide whether to negotiate orally or whether the proceedings shall be carried out on the basis of documents and other documents. If the parties have not ruled out the oral proceedings, the arbitral tribunal shall conduct such a trial in a suitable section of the proceedings if a party requests it. (2) The parties shall be held by each negotiation and (3) All pleadings, documents and other communications submitted to the arbitral tribunal by one party shall be the other party, Opinions and other written evidence to which the arbitral tribunal shall apply: of its decision may be brought to the attention of both parties. Unofficial table of contents

§ 1048 Swing of a party

(1) In the event of failure of the plaintiff to lodge proceedings in accordance with § 1046 (1), the arbitral tribunal shall terminate proceedings. (2) In the event that the defendant fails to reply to the action in accordance with Section 1046 (1), the arbitral tribunal shall continue the proceedings without the latter Failure to treat as such a concession of the plaintiff's claims. (3) A party fails to appear at an oral hearing or to submit a document for proof within a specified period of time, the arbitral tribunal may continue the proceedings and the arbitral award according to the present findings (4) In the opinion of the arbitral tribunal, the sabot shall be deemed to be sufficiently apologised, it shall be disregarded. In addition, the parties can agree otherwise on the consequences of the abatment. Unofficial table of contents

Section 1049 Experts ordered by the arbitral tribunal

(1) If the parties have not agreed otherwise, the arbitral tribunal may appoint one or more experts for the reimbursement of an expert opinion on certain questions to be determined by the arbitral tribunal. It may also require a party to provide the expert with any relevant information or to submit or make available to the expert any documents or objects which are significant for the proceedings. (2) The parties have nothing else to do with the proceedings. , the expert shall, if a party so requests or if the arbitral tribunal deems it necessary, to take part in an oral proceedings after repayment of his written or oral opinion. At the hearing, the parties can ask the expert questions and have their own experts testify to the questions at issue. (3) The experts appointed by the arbitral tribunal shall be subject to the provisions of § § 1036, 1037 (1) and (2). , Unofficial table of contents

Section 1050 Judicial support in the taking of evidence and other judicial acts

The arbitral tribunal or a party with the consent of the arbitral tribunal may, in the case of court, request assistance in the taking of evidence or the taking of other judicial acts, to which the arbitral tribunal is not entitled to do so. The Court of First Instance shall, if it does not consider it inadmissible, do so on the basis of the procedural provisions applicable to the taking of evidence or to the other judicial action. The Arbitrators shall be entitled to take part in a judicial inquiry and to ask questions.

Section 6
Arbitration and termination of proceedings

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Section 1051 Applicable law

(1) The arbitral tribunal shall determine the dispute in accordance with the legislation which has been designated by the parties as being applicable to the content of the dispute. The name of the law or the legal order of a particular State, unless expressly agreed otherwise by the parties, shall be referred to as a direct reference to the substantive provisions of that State and not to its conflict of laws. (2) If the parties have not determined the applicable legislation, the arbitral tribunal shall apply the law of the State with which the subject-matter of the proceedings has the closest links. (3) The arbitral tribunal has only then decide on equity if the parties expressly agree to authorized. Authorization may be granted until the decision of the arbitral tribunal. (4) In all cases, the arbitral tribunal shall decide in accordance with the provisions of the contract, taking into account existing commercial customs. Unofficial table of contents

Section 1052 Decision by a referee collegium

(1) If the parties have not agreed otherwise, in arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be taken by a majority of the votes of all the members. (2) Refuse to be a referee Participation in a vote, the other arbitrators may decide without him, unless the parties have agreed otherwise. The intention to vote on the arbitration without the referee is to be notified to the parties beforehand. In the case of other decisions, the parties shall be subsequently informed of the refusal of voting. (3) The chairman of the arbitrator may decide on individual procedural matters only if the parties or the other members of the Arbitration tribunals have authorized him to do so. Unofficial table of contents

§ 1053 Comparison

(1) The arbitral tribunal shall terminate the proceedings during the arbitral proceedings concerning the dispute. At the request of the parties, it shall hold the comparison in the form of an arbitral award with agreed wording, provided that the content of the comparison does not contravene public policy (ordre public). (2) An award of an agreement with agreed wording is to be issued in accordance with § 1054 and must indicate that it is an arbitral award. Such an award shall have the same effect as any other arbitration ruling. (3) Insofar as the effectiveness of declarations requires a notarial certification, it shall be subject to an arbitral award with an agreed wording by the inclusion of the (4) With the consent of the parties, an arbitral award with agreed wording may also be provided by a notary who has his place of office in the district of the competent authority in accordance with § 1062 (1), (2) for the declaration of enforceable The Court of First Instance shall be declared enforceable. The notary shall reject the declaration of enforceable if the conditions set out in the second sentence of paragraph 1 are not fulfilled. Unofficial table of contents

Section 1054 Form and content of the award

(1) The award shall be issued in writing and shall be signed by the arbitrator or the referee. In arbitral proceedings with more than one arbitrator, the signatures of the majority of all members of the arbitral tribunal shall suffice, provided that the reason for a missing signature is indicated. (2) The award shall be based on the reasons for the award. The parties have agreed that no justification has to be given, or it is an arbitral award with agreed text within the meaning of § 1053. (3) In the case of arbitration, the day on which it was issued, and according to § 1043, shall be the subject of an arbitration award. (1) specify the place where the arbitral proceedings are to be carried out. The award shall be deemed to have been issued on that date and in this place. (4) Each party shall be notified of an award of arbitration signed by the arbitrators. Unofficial table of contents

Section 1055 Effects of the award

Among the parties, the award shall have the effects of a final judicial judgment. Unofficial table of contents

Section 1056 Termination of the arbitral proceedings

(1) The arbitral proceedings shall be terminated by the final arbitral award or by a decision of the arbitral tribunal as referred to in paragraph 2. (2) The arbitral tribunal shall determine by decision the termination of the arbitral proceedings if:

1.

the plaintiff

a)

it fails to file its action pursuant to Section 1046 (1) and is not present in the case of § 1048 (4), or

b)

shall withdraw its action unless the defendant is contrary to that and the arbitral tribunal recognises a legitimate interest of the defendant in the final settlement of the dispute; or

2.

the parties agree to terminate the proceedings; or

3.

the parties do not pursue the arbitral proceedings despite the request of the arbitral tribunal or the continuation of the proceedings has become impossible for any other reason.

(3) Subject to § 1057 (2) and § § 1058, 1059 (4), the Office of the Arbitration Court shall end with the termination of the arbitral proceedings. Unofficial table of contents

Section 1057 Decision on costs

(1) Unless the parties have agreed otherwise, the arbitral tribunal shall decide in an arbitration ruling on the proportion of the parties to the costs of the arbitral proceedings, including those of the parties, in respect of which proportion of the parties, and have to bear the costs necessary for the appropriate legal proceedings. In this case, the arbitral tribunal shall decide, in accordance with the discretion of the arbitrator, in the light of the circumstances of the individual case, in particular the outcome of the proceedings. (2) Insofar as the costs of the arbitral proceedings have been determined, the Arbitral tribunal shall also decide at what level the parties shall bear the same. If the cost is not fixed or is only possible after the end of the arbitral proceedings, the decision will be taken in a separate award. Unofficial table of contents

Section 1058 Correction, interpretation and addition of the award

(1) Each party may apply to the arbitral tribunal,

1.

Correct the error of writing, writing and printing errors or errors of a similar nature in the award;

2.

to interpret certain parts of the award;

3.

to issue a supplementary award on such claims, which have been invoked in the arbitral proceedings but have not been dealt with in the case of arbitration.

(2) If the parties have not agreed a different deadline, the application shall be filed within one month after receipt of the award. (3) The arbitral tribunal shall be informed of the correction or interpretation of the award within one month and (4) A correction of the award may also be made by the arbitral tribunal without a request. (5) § 1054 is based on the correction, interpretation or amendment of the award. ,

Section 7
Appeal against the award

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Section 1059 Request for repeal

(1) Only the request for a waiver pursuant to paragraphs 2 and 3 may be filed against an arbitration award. (2) An arbitration ruling may only be repealed,

1.

where the applicant claims that:

a)

one of the parties which have concluded an arbitration agreement in accordance with § § 1029, 1031, has not been able to do so in accordance with the law which is relevant to them in person, or that the arbitration agreement is governed by the law to which the parties submit them or, if the parties have not specified any of them, is invalid in accordance with German law, or

b)

it has not been duly informed of the appointment of an arbitrator or of the arbitral proceedings or that, for any other reason, he has not been able to assert his or her means of attack or defence; or

c)

the award relates to a dispute which is not mentioned in the award of the arbitration or which does not fall within the scope of the arbitration clause, or that it contains decisions which exceed the limits of the arbitration agreement; the part of the award which relates to disputes which have been subject to the arbitral proceedings shall be separated from the part relating to disputes which have not been subject to it, only the latter part of the award shall be: the award of an arbitration award; or

d)

the formation of the arbitral tribunal or the arbitral proceedings of a provision of this book or an admissible agreement of the parties has not been complied with and is to be accepted that this has had an effect on the award; or

2.

if the court finds that:

a)

the subject-matter of the dispute is not capable of arbitration under German law, or

b)

the recognition or enforcement of the award results in a result which is contrary to public order.

(3) Unless the parties agree otherwise, the application for cancellation must be submitted to the court within a period of three months. The time limit shall begin on the date on which the applicant has received the award. If a request has been made pursuant to § 1058, the period shall be extended by no more than one month after receipt of the decision on this application. The request for the annulment of the award cannot be made any more if the award has been declared enforceable by a German court. (4) If the annulment has been applied for, the court may, in appropriate cases, apply Request of a party to withdraw the case to the arbitral tribunal, with the withdrawal of the award. (5) The annulment of the award is in doubt as a result of the dispute that the arbitration agreement will be reviled.

Section 8
Conditions for the recognition and enforcement of arbitral awards

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Section 1060 Domestic Arbitration Awards

(1) Forced enforcement shall take place if the award is declared enforceable. (2) The application for a declaration of enforceability shall be rejected upon termination of the award of the award if one of the reasons for annulment referred to in § 1059 (2) is available. Reasons for revelation shall not be taken into account if, at the time of the notification of the application for enforceable declaration, a request for waiver, which is based on it, has been rejected in a legally binding manner. Reasons for revocation pursuant to Section 1059 (2) no. 1 shall not be taken into consideration even if the time limits specified in § 1059 (3) have expired without the defendant having filed a request for the award of the award. Unofficial table of contents

Section 1061 Foreign arbitration awards

(1) The recognition and enforcement of foreign arbitral awards shall be governed by the Convention of 10 June 1958 on the Recognition and Enforcement of Foreign Arbitration (BGBl. 1961 II p. 121). The provisions of other state treaties concerning the recognition and enforcement of arbitral awards shall remain unaffected. (2) If the declaration of enforceable proceedings is to be rejected, the court shall establish that the award of the award is not to be recognised domestiy. (3) If the award is cancelled abroad after being declared enforceable, the annulment of the enforceable declaration may be requested.

Section 9
Judicial procedure

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Section 1062 Jurisdiction

(1) The Oberlandesgericht (Oberlandesgericht), which is referred to in the arbitration agreement or, if such a name is missing, in the district of which the arbitral proceedings are situated, shall be responsible for decisions concerning applications relating to:

1.

the appointment of an arbitrator (§ § 1034, 1035), the rejection of an arbitrator (§ 1037) or the termination of the referee's office (§ 1038);

2.

the determination of the admissibility or inadmissibility of a arbitral proceedings (§ 1032) or the decision of an arbitral tribunal in which the arbitral tribunal has affirmed its competence in an interim decision (§ 1040);

3.

the enforcement, cancellation or alteration of the order of preliminary or prudential measures of the arbitral tribunal (§ 1041);

4.

the annulment (§ 1059) or the declaration of enforcement of the award (§ § 1060 ff.) or the cancellation of the declaration of enforceable order (§ 1061).

(2) If, in the cases referred to in paragraph 1 (2), first alternative, No 3 or No 4, there is no German arbitrator, the decisions of the Oberlandesgericht (Oberlandesgericht) in whose district the defendant has his or her registered office or habitual residence shall be responsible for the decisions. (3) In the cases of § 1025 (3), the Oberlandesgericht (Oberlandesgericht) shall apply in the cases of § 1025 (3) of the in the district of which the plaintiff or the defendant is situated, or his or her seat, (4) In order to assist in the taking of evidence and other judicial acts (§ 1050), the District Court is responsible for the judicial act in the district of which the judicial act is to be carried out. (5) Are several in one country The jurisdiction of the Land Government may be transferred by the Land Government to a Higher Regional Court or the Supreme Court of the State; the Land Government may apply the authorisation by means of a decree-law to the National justice administration. Several countries can agree to the jurisdiction of a Higher Regional Court beyond the country borders. Unofficial table of contents

Section 1063 General provisions

(1) The court decides by decision. Before the decision is made, the opponent must be heard. (2) The court shall order the oral proceedings if the waiver of the award is requested or if, in the case of a request for recognition or a declaration of enforceable proceedings, the award of the award is made. (3) The chairman of the civil senate may order, without prior hearing of the adversary, that the applicant shall, until the decision on the application, be subject to the enforcement of the arbitration ruling. , or the provisional or securing action of the arbitral tribunal in accordance with § 1041 shall be enforced may. The enforcement of the award from the award shall not go beyond measures to be taken to ensure security. The defendant is entitled to object to the enforcement by the performance of a security in the amount of the amount due to which the applicant is able to execute. (4) As long as an oral hearing is not arranged, the minutes of the proceedings may be recorded. Applications are submitted and declarations are made. Unofficial table of contents

Section 1064 Special features of the Enforcement Declaration of Arbitration Awards

(1) The application for enforceable declaration of an award shall be subject to the award of the award or to a certified copy of the award. (2) The decision declaring an arbitral award to be enforceable shall be declared provisionally enforceable. (3) On the basis of the decision of the Court of Justice, the Court of Justice shall be entitled to make a decision on the matter. foreign arbitrations shall be subject to paragraphs 1 and 2, in so far as the state contracts do not determine another. Unofficial table of contents

Section 1065 Legal remedies

(1) The appeal against the decisions referred to in § 1062 (1) (2) and (4) shall take place. In addition, the decisions in the proceedings referred to in § 1062 (1) are indisputable. (2) The appeal may also be based on the fact that the decision is based on a violation of a state treaty. § § 707, 717 are to be applied accordingly.

Section 10
Non-contractual arbitral tribunals

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§ 1066 Corresponding application of the provisions of Book 10

In the case of arbitral tribunals, which are legally statthawed by the latter or other dispositions not based on agreement, the provisions of this book shall apply accordingly.

Book 11
Judicial cooperation in the European Union

Section 1
Service provided for in Regulation (EC) No 1393/2007

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Section 1067 Delivery by diplomatic or consular representations

A service provided for in Article 13 of Regulation (EC) No 1393/2007, which is to be effected in the Federal Republic of Germany, shall be admissible only if the addressee of the document to be served is a national of the transmitting State. Unofficial table of contents

§ 1068 Delivery by post

(1) In order to prove the service provided for in Article 14 of Regulation (EC) No 1393/2007, the receipt or equivalent document shall suffice. (2) A document whose service is provided by a German receiving agency within the framework of Article 7 (1) of Regulation (EC) No 1393/2007 may also be sent by means of a letter of rewriting. Unofficial table of contents

Section 1069 responsibilities

(1) For deliveries abroad, the German transmitting authority shall be responsible within the meaning of Article 2 (1) of Regulation (EC) No 1393/2007:

1.

in the case of judicial documents, the court or tribunal operating the service;

2.

in the case of extrajudicial documents, the local court in whose district the person who carries out the service is domicated or habitually resident; in the case of notarial documents, the local court, in whose district the person who is the person to be informed, also has the right to Notary shall have his place of office; in the case of legal persons, the place of residence or habitual residence shall be replaced by the place of residence; the State governments shall be able to perform the tasks of the transmitting authority to a district court for the districts of several local courts by means of a legal regulation.

(2) For deliveries in the Federal Republic of Germany, the German reception office within the meaning of Article 2 (2) of Regulation (EC) No 1393/2007 shall be the competent court in whose district the document is to be served. The national governments can assign the duties of the receiving agency to a district court for the districts of several local courts by means of a decree law. (3) The national governments determine by means of legal regulation the place which is in the respective country as The German central office within the meaning of the first sentence of Article 3 of Regulation (EC) No 1393/2007 shall be responsible. The tasks of the Central Office can only be assigned to one body in each country. (4) The national governments may have the power to adopt a legal regulation pursuant to paragraph 1 (2), second sentence of paragraph 2, and the first sentence of paragraph 3 of a supreme state authority. transfer. Unofficial table of contents

§ 1070 (omitted)

- Unofficial table of contents

§ 1071 (omitted)

-

Section 2
Taking of evidence in accordance with Regulation (EC) No 1206/2001

Unofficial table of contents

Section 1072 Taking of evidence in the Member States of the European Union

Where the taking of evidence is to be carried out in accordance with Regulation (EC) No 1206/2001, the Court of First Instance may:

1.

, the competent court of another Member State shall directly ask for the proof to be received; or

2.

, under the conditions laid down in Article 17 of Regulation (EC) No 1206/2001, apply for direct evidence of evidence in another Member State.

Unofficial table of contents

Section 1073 Participation rights

(1) The requesting German court or a member appointed by that court may, within the scope of Regulation (EC) No 1206/2001, be present and involved in the execution of the request for the taking of evidence by the requested foreign court. be. The parties, their representatives and experts may participate in the extent to which they may be involved in the proceedings in question in a domestic case of evidence. (2) Direct evidence of evidence abroad after Article 17 (3) of Regulation (EC) No 1206/2001 may be carried out by members of the Court of First Instance and by experts appointed by that court. Unofficial table of contents

Section 1074 competences laid down in Regulation (EC) No 1206/2001

(1) For the purposes of taking evidence in the Federal Republic of Germany, the court in which the proceedings are to be carried out shall be the court in which the proceedings are to be carried out, within the meaning of Article 2 (1) of Regulation (EC) No 1206/2001. (2) National governments can assign the tasks of the requested court to a district court for the districts of several local courts by decree law. (3) The national governments determine by means of legal regulation the place that is in the respective country

1.

as the German central body within the meaning of Article 3 (1) of Regulation (EC) No 1206/2001,

2.

, the competent authority shall receive a request for direct evidence within the meaning of Article 17 (1) of Regulation (EC) No 1206/2001.

The tasks referred to in points 1 and 2 may only be assigned to one body in each country. (4) The national governments may delegate the power to adopt a regulation pursuant to paragraphs 2 and 3, sentence 1, of a supreme state authority. Unofficial table of contents

§ 1075 Language of incoming requests

Requests for the taking of evidence received from abroad as well as notifications pursuant to Regulation (EC) No 1206/2001 must be drawn up in German or accompanied by a translation into the German language.

Section 3
Legal aid in accordance with Directive 2003 /8/EC

Unofficial table of contents

Section 1076 Applicable provisions

For cross-border legal aid within the European Union in accordance with Council Directive 2003 /8/EC of 27 January 2003 on improving access to justice in cross-border disputes by establishing common minimum rules on legal aid in such disputes (OJ C 327, 22.4.2002, p. EC No 41, OJ No. EU No 15), § § 114 to 127a shall apply, unless otherwise specified below. Unofficial table of contents

Section 1077 Outbound requests

(1) For the reception and transmission of applications by natural persons to cross-border legal aid, the district court in whose district the applicant is domicated or habituated shall be responsible for the reception and transmission of applications by natural persons to cross-border legal aid. (transmitting agency). The national governments may assign the tasks of the transmitting authority to a district court for the districts of several local courts by means of a decree law. You can transfer the empowerment to the Land Justice Administrations by means of a legal regulation. The Federal Ministry of Justice is authorized to use the standard forms provided for in Article 16 (1) of Directive 2003 /8/EC by means of a decree-law with the consent of the Federal Council for the purpose of Applications for cross-border legal aid and for the transmission of such aid. To the extent that standard forms for applications for and transmission of cross-border legal aid are introduced, the applicant and the transmitting authority must be in service. (3) The transmitting authority may submit the communication by: If the application is manifestly unfounded or does not appear to fall within the scope of Directive 2003 /8/EC, the decision shall be rejected in full or in part. It may, on its own account, produce translations of foreign-language annexes attached to the application to the extent necessary for the preparation of a decision in accordance with the first sentence. An immediate appeal against the negative decision shall be taken in accordance with section 127 (2) sentence 2 and 3. (4) The transmitting authority shall, on its own account, produce translations of the entries in the standard form for requests for legal aid. as well as the facilities to be annexed

a)

in one of the official languages of the Member State of the competent receiving body, which shall be one of the official languages of the European Union, or

b)

in another language approved by that Member State.

The transmitting body shall examine the completeness of the application and shall ensure that annexes which are necessary after being informed of the decision on the application shall be attached. (5) The transmitting body shall send the application and the Installations to be annexed without any legalisation or equivalent formalities to the competent receiving authority of the Member State of the place of jurisdiction or of the executing Member State. The transfer shall take place within 14 days of the translations to be made in accordance with paragraph 4. (6) The competent authority of the other Member State shall have the request for legal aid on the basis of the personal and economic Where the applicant has refused or announced a refusal, the transmitting authority shall, upon request, issue a certificate of need, if the applicant is in a corresponding German procedure pursuant to Article 115 (1) and (2) of the Regulation. should be considered as needy. The first sentence of paragraph 4 shall apply mutatily to the translation of the certificate. The transmitting agency shall send the certificate of neediness to the receiving agency of the other Member State in order to supplement the original request for cross-border legal aid. Unofficial table of contents

Section 1078 Incoming requests

(1) For incoming requests for cross-border legal aid, the trial court or the enforcement court shall be responsible. The applications must be completed in German and the annexes must be accompanied by a translation into the German language. A legalization or equivalent formalities may not be required. (2) The court decides on the request in accordance with § § 114 to 116. It shall send a copy of its decision to the transmitting body. (3) The applicant shall also receive cross-border legal aid if he proves that he or she is liable for differences in the cost of living in the Member State of his or her Member State. Residence or habitual residence on the one hand and in the scope of this law on the other hand the costs of the process management cannot apply only in part or only in installment. (4) Cross-border legal aid has been granted, so shall apply to any other legal action taken by the applicant or by the applicant Opponents are introduced, a new request for cross-border legal aid has been made. The Court of First Instance has to act in such a way as to provide the applicant with the conditions for the granting of cross-border legal aid for the respective legal proceedings.

Section 4
European enforcement order in accordance with Regulation (EC) No 805/2004

Title 1
Confirmation of domestic title as European Enforcement Order

Unofficial table of contents

Section 1079 Jurisdiction

For the exhibition of confirmations after

1.

Article 9 (1), Article 24 (1), Article 25 (1) and

2.

Article 6 (2) and (3)

Regulation (EC) No 805/2004 shall be the responsibility of the courts, authorities or notaries who shall be responsible for issuing a enforceable copy of the title. Unofficial table of contents

Section 1080 Decision

(1) Confirmations pursuant to Article 9 (1), Article 24 (1), Article 25 (1) and Article 6 (3) of Regulation (EC) No 805/2004 shall be issued without hearing the debtor. A copy of the confirmation shall be sent to the debtor on his own account. (2) If the request for confirmation is refused, the provisions concerning the dispute concerning the decision to grant a certificate shall be issued. The enforcement clause shall apply accordingly. Unofficial table of contents

Section 1081 Correction and revocation

(1) An application pursuant to Article 10 (1) of Regulation (EC) No 805/2004 for the correction or revocation of a judicial confirmation shall be filed with the court which issued the confirmation. The Court of First Instance shall decide on the application. A request for correction or revocation of a notarial or official confirmation shall be addressed to the body which issued the confirmation. The notaries or authorities shall immediately forward the request to the local court in whose district they have their registered office for a decision. (2) The request for revocation by the debtor shall be admissible only within a period of one month. If the confirmation is to be sent abroad, the period shall be two months. It shall be an emergency period and shall begin with the notification of the confirmation, but at the earliest with the notification of the title to which the confirmation relates. The request for revocation shall state the reasons why the confirmation has been clearly wrongly granted. (3) § 319 (2) and (3) shall apply accordingly to the rectification and the revocation.

Title 2
Enforcement of European enforcement order in Germany

Unofficial table of contents

Section 1082 Enforcement order

A title which has been confirmed as a European Enforcement Order in another Member State of the European Union pursuant to Regulation (EC) No 805/2004 shall take place in the territory of the country without the need for: Enforcement clause is required. Unofficial table of contents

§ 1083 Translation

If the creditor has to submit a translation in accordance with Article 20 (2) (c) of Regulation (EC) No 805/2004, the translation shall be drawn up in the German language and shall be submitted by a person authorised to do so in one of the Member States of the European Union. -they are in. Unofficial table of contents

Section 1084 Applications in accordance with Articles 21 and 23 of Regulation (EC) No 805/2004

(1) In the case of requests for refusal, suspension or limitation of enforcement pursuant to Articles 21 and 23 of Regulation (EC) No 805/2004, the District Court shall be the jurisdiction of the enforcement court. The provisions of Book 8 on the local jurisdiction of the Court of Enforcement are to be applied accordingly. The competence under sentences 1 and 2 shall be exclusive. (2) The decision on the application pursuant to Article 21 of Regulation (EC) No 805/2004 shall be taken by decision. § 769 (1) and (3) and § 770 are to be applied accordingly to the cessation of foreclosure and the cancellation of the enforcement measures already in place. The annulment of a rule of enforcement is also admissible without a guarantee of security. (3) The application for the suspension or restriction of enforcement pursuant to Article 23 of Regulation (EC) No 805/2004 shall be decided by an injunction. The decision shall be indisputable. Unofficial table of contents

Section 1085 Cessation of foreclosure

The execution of the enforcement shall be adjusted or restricted in accordance with § § 775 and 776, even if the copy of a confirmation of the non-enforceability or the limitation of enforceability in accordance with Article 6 (2) of the Regulation (EC) No 805/2004. Unofficial table of contents

Section 1086 Enforcement Action for Enforcement

(1) For claims pursuant to § 795 sentence 1 in conjunction with Section 767, the court is solely responsible for the local jurisdiction in the district of which the debtor is domicated, or, if he is not domicated in the country, the court in whose district the court is resident. Enforcement is to take place or has taken place. The registered office of companies or legal entities is the same as the place of residence. (2) § 767 (2) is to be applied in accordance with court settlements and public documents.

Section 5
European order for payment procedure pursuant to Regulation (EC) No 1896/2006

Title 1
General provisions

Unofficial table of contents

Section 1087 Jurisdiction

The District Court of Wedding in Berlin is responsible for the processing of applications for adoption and verification as well as the declaration of enforceability of a European order for payment pursuant to Regulation (EC) No 1896/2006. Unofficial table of contents

Section 1088 Machine processing

(1) The application for the adoption of the European order for payment and the objection may be filed in court in a form which is only machine-readable if it appears appropriate to the court for its processing in the machine. § 130a (3) shall apply. (2) The Senate of the Land of Berlin shall, by means of a decree law which does not require the consent of the Federal Council, determine the date in which the automatic processing of the methods of payment procedure was introduced at the District Court of Wedding ; he may transfer the authorisation by means of a legal regulation to the Senate Department of Justice of the Land Berlin. Unofficial table of contents

Section 1089 Delivery

(1) If the European order for payment is to be sent domestiy, the rules on the procedure for the delivery of the European order shall apply mutatis mutatis mutatis mutatis. § § 185 to 188 are not applicable. (2) If the European order for payment is to be issued in another Member State of the European Union, the provisions of Regulation (EC) No 1393/2007 as well as for the implementation of § 1068 (1) and (§ 1068) apply. 1069 (1) accordingly.

Title 2
Objection to the European order for payment

Unofficial table of contents

Section 1090 Procedure for objection

(1) In the case referred to in Article 17 (1) of Regulation (EC) No 1896/2006, the Court of First Instance shall, by means of the communication provided for in Article 17 (3) of Regulation (EC) No 1896/2006, call on the applicant to designate the court which has jurisdiction to perform the contested decision. Procedure is responsible. The Court of First Instance shall, in order to do so, give the applicant a reasonable period of time, in accordance with the circumstances, and shall inform him that the court designated for the purpose of carrying out the contested proceedings shall be subject to the examination of its jurisdiction The request shall be notified to the defendant. (2) Upon receipt of the notification by the applicant in accordance with the first sentence of paragraph 1, the court having issued the European order for payment shall, on its own account, give the proceedings of its own motion to that effect a court designated. § 696 (1) sentences 3 to 5, (2), (4) and (5) and § 698 shall apply mutas. (3) The dispute shall be deemed to have been legally enforcable with the delivery of the European order for payment if, after sending the invitation under paragraph 1, first sentence and under The period referred to in the second sentence of paragraph 1 shall be taken into account immediately. Unofficial table of contents

Section 1091 Introduction of the dispute settlement procedure

Section 697 (1) to (3) shall apply accordingly.

Title 3
Review of the European order for payment in exceptional cases

Unofficial table of contents

Section 1092 Procedure

(1) The decision on a request for a review of the European order for payment pursuant to Article 20 (1) or (2) of Regulation (EC) No 1896/2006 shall be taken by decision. The decision is indisputable. (2) The defendant has the facts justifying the annulment of the European order for payment. (3) The court annuls the European order for payment, the procedure ends after the Regulation (EC) No 1896 /2006. (4) A re-establishment of rights within the period referred to in Article 16 (2) of Regulation (EC) No 1896/2006 shall not take place.

Title 4
Enforcement from the European order for payment

Unofficial table of contents

Section 1093 Enforcement Clause

A European order for payment issued in accordance with Regulation (EC) No 1896/2006 and declared enforceable shall take place in the territory of the country without the need for an enforcement clause. Unofficial table of contents

§ 1094 Translation

If, pursuant to Article 21 (2) (b) of Regulation (EC) No 1896/2006, the creditor has to submit a translation, the translation shall be drawn up in German and shall be supplied by a person authorised to do so in one of the Member States of the European Union. -they are in. Unofficial table of contents

Section 1095 Enforcement of enforcement and enforcement action against the European order for payment issued in the country

(1) If the verification of a European order for payment issued in accordance with Article 20 of Regulation (EC) No 1896/2006 is requested, section 707 shall apply accordingly. The court has jurisdiction to decide on the application pursuant to Section 707, which decides on the application under Article 20 of Regulation (EC) No 1896/2006. (2) Objections concerning the claim itself shall be admissible only in so far as the reasons for the decision shall be: on which they are based, have arisen after the European order for payment has been delivered, and cannot be invoked by objection under Article 16 of Regulation (EC) No 1896/2006. Unofficial table of contents

Section 1096 Applications in accordance with Articles 22 and 23 of Regulation (EC) No 1896/2006; action for the enforcement of the enforcement order

(1) In the case of requests for a denial of enforcement pursuant to Article 22 (1) of Regulation (EC) No 1896/2006, Section 1084 (1) and (2) shall apply accordingly. Applications for suspension or limitation of enforcement pursuant to Article 23 of Regulation (EC) No 1896/2006 shall be subject to the application of Article 1084 (1) and (3). (2) For requests for a refusal of enforcement pursuant to Article 22 (2) of the Rules of Regulation (EC) No 1896/2006 is applicable in accordance with § 1086 (1). § 1086 (1) and § 1095 (2) are to be applied accordingly for claims pursuant to § 795 sentence 1 in conjunction with § 767.

Section 6
European Small Claims Procedure in accordance with Regulation (EC) No 861/2007

Title 1
Recognition procedure

Unofficial table of contents

Section 1097 Introduction and implementation of the procedure

(1) The forms referred to in Regulation (EC) No 861/2007 and other applications or declarations may be filed in court as an electronic document, as a telecopia or in accordance with § 130a as an electronic document. (2) In the case of Article 4 (3) Regulation (EC) No 861/2007 shall continue the procedure relating to the action without application of the provisions of Regulation (EC) No 861/2007. Unofficial table of contents

Section 1098 Refusal to accept acceptance on the basis of the language used

The time limit for declaring the refusal of acceptance in accordance with Article 6 (3) of Regulation (EC) No 861/2007 shall be one week. It shall be an emergency period and shall begin with the delivery of the document. The addressee shall be informed of the consequences of a failure to meet the deadline. Unofficial table of contents

Section 1099 Reaction

(1) A counterclaim, which does not comply with the provisions of Regulation (EC) No 861/2007, should be dismissed as inadmissible in the case of Article 5 (7), first sentence, of Regulation (EC) No 861/2007. (2) In the case of Article 5 (7), first sentence, of the Regulation (EC) No 861/2007 shall continue the procedure for action and the counterclaim without application of the provisions of Regulation (EC) No 861/2007. The procedure will be taken into account at the time when the counterclaim was being raised. Unofficial table of contents

§ 1100 Oral proceedings

(1) The General Court may allow the parties and their agents and advisers to stay in another place during a trial and to carry out procedural acts there. § 128a (1) sentence 2 and (3) remains unaffected. (2) The provision of an early first term for oral proceedings (§ 275) is excluded. Unofficial table of contents

§ 1101 Taking of evidence

(1) The court may take up the evidence in the manner which it considers appropriate, in so far as Article 9 (2) and (3) of Regulation (EC) No 861/2007 does not specify otherwise. (2) The court may allow a witness, expert or party to: to stay in a different place during a hearing. § 128a (2) sentence 2, 3 and 3 (3) shall remain unaffected. Unofficial table of contents

§ 1102 Judgment

Judgments do not require any proclamation. The announcement of a judgment shall be replaced by service. Unofficial table of contents

§ 1103 Saw

If a party does not express itself within the time limit which it applies, or if it does not appear for oral proceedings, the Court of First Instance may adopt a decision on the situation of the files. § 251a shall not apply. Unofficial table of contents

Section 1104 remedial action in the case of an unindebted sabre of the defendant

(1) For the purposes of Article 18 (1) of Regulation (EC) No 861/2007, the procedure shall be continued; it shall be returned to the situation in which it was before the judgment. The Court of First Instance shall, on request, determine the invalidity of the judgment by decision. (2) The defendant has to make the actual conditions of Article 18 (1) of Regulation (EC) No 861/2007 credible.

Title 2
Enforcement

Unofficial table of contents

Section 1105 Forced enforcement of domestic titles

(1) Judgments are to be declared provisionally enforceable without a guarantee of security. § § 712 and 719 (1) sentence 1 in conjunction with § 707 are not applicable. (2) For applications for limitation of the enforcement of enforcement pursuant to Article 15 (2) in conjunction with Article 23 of Regulation (EC) No 861/2007, the Court of First Instance is the main object Responsible. The decision shall be made by means of a consecting order. It is indisputable. The actual conditions laid down in Article 23 of Regulation (EC) No 861/2007 shall be credible. Unofficial table of contents

Section 1106 Confirmation of domestic titles

(1) The Court of First Instance is responsible for issuing the confirmation pursuant to Article 20 (2) of Regulation (EC) No 861/2007, which is responsible for issuing a enforceable copy of the title. (2) Before the confirmation is issued, the debtor shall be responsible for the issuing of the certificate. to listen. If the request for the issuing of a confirmation is rejected, the provisions on the dispute concerning the decision to grant an enforcement clause shall be applied accordingly. Unofficial table of contents

Section 1107 Foreign enforcement order

A title which has been issued in a Member State of the European Union under Regulation (EC) No 861/2007 shall be subject to compulsory enforcement in the territory of the country without the need for an enforcement clause. Unofficial table of contents

§ 1108 Translation

If the creditor has to submit a translation in accordance with Article 21 (2) (b) of Regulation (EC) No 861/2007, the translation shall be written in the German language and shall be submitted by a person authorised to do so in one of the Member States of the European Union. create. Unofficial table of contents

Section 1109 Applications in accordance with Articles 22 and 23 of Regulation (EC) No 861/2007; Enforcement of the Enforcement Order

(1) In the case of applications pursuant to Article 22 of Regulation (EC) No 861/2007, Article 1084 (1) and (2) shall apply mutas. Pursuant to Article 23 of Regulation (EC) No 861/2007, Article 1084 (1) and (3) shall apply accordingly. (2) § 1086 shall apply accordingly.

Section 7
Recognition and enforcement in accordance with Regulation (EU) No 1215/2012

Title 1
Certificate of national title

Unofficial table of contents

Section 1110 Jurisdiction

The issuing of the certificate referred to in Articles 53 and 60 of Regulation (EU) No 1215/2012 shall be subject to the jurisdiction of the courts or notaries to which the issue of a fully enforceable copy of the title is to be issued. Unofficial table of contents

§ 1111 Procedure

(1) The certificates referred to in Articles 53 and 60 of Regulation (EU) No 1215/2012 shall be issued without consulting the debtor. In the cases of § 726 (1) and § § 727 to 729 the debtor may be heard prior to the issuing of the certificate. A copy of the certificate must be sent to the debtor on his own account. (2) The rules on the validity of the decision on the validity of the decision on the issue of the certificate referred to in paragraph 1 shall apply to the validity of the decision on the issue of the certificate referred to in paragraph 1. Grant of the enforcement clause accordingly.

Title 2
Recognition and enforcement of foreign titles in Germany

Unofficial table of contents

Section 1112 Disability of the enforcement clause

A title which is enforceable in another Member State of the European Union shall be subject to compulsory enforcement in the territory of the country without the need for an enforcement clause. Unofficial table of contents

§ 1113 Translation or Transliteration

If, pursuant to Article 57 of Regulation (EU) No 1215/2012, a party has to submit a translation or a transliteration, it shall be written in German and shall be drawn up by a person authorised to do so in a Member State of the European Union. create. Unofficial table of contents

Section 1114 Feeding up the adjustment of a title

In order to challenge the adaptation of a title (Article 54 of Regulation (EU) No 1215/2012), the following legal bases shall apply accordingly:

1.

in the case of measures by the court enforcer or the enforcement court, § 766,

2.

in the case of decisions of the Court of Enforcement or of enforcement measures of the court of proceedings, § 793 and

3.

in the case of enforcement measures of the Land Registry § 71 of the Land Registry Code.

Unofficial table of contents

Section 1115 Refusal of recognition or enforcement

(1) For applications for recognition or enforcement (Article 45 (4) and Article 47 (1) of Regulation (EU) No 1215/2012), the Regional Court shall have exclusive jurisdiction. (2) Local jurisdiction shall be exclusively the District Court, in the district of which the debtor is domicated. If the debtor is not domicated in Germany, the district court in whose district the foreclosure is to be carried out shall be the exclusive jurisdiction of the district court. The registered office of companies and legal entities is the same as the place of residence. (3) The request for a failure can be filed in writing at the competent regional court or orally declared to the office of the office. (4) On the application the chairman of a civil chamber shall decide by decision on failure to act. The decision shall be justified and may be taken without oral proceedings. The respondent is to be heard before the decision is taken. (5) The immediate appeal against the decision will be taken. The emergency period of § 569 (1) sentence 1 shall be one month and shall begin with the notification of the decision. The appeal court's decision is taken against the decision of the Board of Appeal. (6) On the application for the suspension or restriction of enforcement and the application to make enforcement conditional on the performance of a security (Article 44 (1) (b)). 1 of Regulation (EU) No 1215/2012), shall be decided by an injunction. The decision shall be indisputable. Unofficial table of contents

Section 1116 omission or limitation of enforceability in the Member State of origin

At the request of the debtor (Article 44 (2) of Regulation (EU) No 1215/2012), the enforcement of the enforcement order shall be adjusted or restricted in accordance with Section 775 (1) and (2) and (§ 776) even if the debtor has a decision of a court of Member State of origin on the non-enforceability or on the restriction of enforceability. A translation of the decision shall be submitted at the request of the executing institution. Section 1108 shall apply accordingly. Unofficial table of contents

Section 1117 Enforcement Action for Enforcement

(1) For actions pursuant to § 795 sentence 1 in conjunction with § 767, § 1086 paragraph 1 applies. (2) If the lawsuit is against the enforcement of a court settlement or a public document, § 767 paragraph 2 shall not apply. Unofficial table of contents

Annex (to § 850c) *)

(Fundstelle: BGBl. I 2005, 3363-3378)

Net wage of monthly payable amount for maintenance obligations for ... People 012345 and more in EUR

	to	-	-	-	-	-	-
939,99
940.00	to	7.00	-	-	-	-	-
949,99
950.00	to	14,00	-	-	-	-	-
959.99
960.00	to	21,00	-	-	-	-	-
969.99
970.00	to	28.00	-	-	-	-	-
979.99
980,00	to	35.00	-	-	-	-	-
989,99
990.00	to	42.00	-	-	-	-	-
999.99
1.000,00	to	49,00	-	-	-	-	-
1,009,99
1,010,00	to	56.00	-	-	-	-	-
1,019,99
1,020.00	to	63.00	-	-	-	-	-
1,029,99
1,030.00	to	70.00	-	-	-	-	-
1,039,99
1,040.00	to	77.00	-	-	-	-	-
1,049,99
1.050,00	to	84.00	-	-	-	-	-
1.059.99
1.060,00	to	91,00	-	-	-	-	-
1,069,99
1.070,00	to	98.00	-	-	-	-	-
1,079,99
1.080,00	to	105.00	-	-	-	-	-
1,089.99
1.090,00	to	112,00	-	-	-	-	-
1,099,99
1.100,00	to	119.00	-	-	-	-	-
1,109,99
1.110,00	to	126.00	-	-	-	-	-
1.119.99
1.120,00	to	133.00	-	-	-	-	-
1,129,99
1.130,00	to	140.00	-	-	-	-	-
1,139,99
1.140,00	to	147,00	-	-	-	-	-
1,149,99
1.150.00	to	154,00	-	-	-	-	-
1,159,99
1.160,00	to	161,00	-	-	-	-	-
1,169,99
1.170,00	to	168,00	-	-	-	-	-
1,179,99
1.180,00	to	175.00	-	-	-	-	-
1,189,99
1.190,00	to	182.00	-	-	-	-	-
1.199,99
1.200.00	to	189,00	-	-	-	-	-
1,209,99
1.210,00	to	196.00	-	-	-	-	-
1,219,99
1.220.00	to	203.00	-	-	-	-	-
1,229,99
1,230.00	to	210,00	-	-	-	-	-
1,239.99
1.240,00	to	217.00	-	-	-	-	-
1,249,99
1.250,00	to	224,00	-	-	-	-	-
1,259,99
1,260.00	to	231,00	-	-	-	-	-
1,269,99
1,270.00	to	238,00	-	-	-	-	-
1,279,99
1,280.00	to	245,00	-	-	-	-	-
1,289,99
1,290.00	to	252.00	5.00	-	-	-	-
1,299,99
1,300,00	to	259,00	10,00	-	-	-	-
1,309,99
1,310,00	to	266,00	15,00	-	-	-	-
1,319,99
1,320.00	to	273,00	20.00	-	-	-	-
1,329,99
1.330,00	to	280.00	25.00	-	-	-	-
1,339,99
1,340.00	to	287,00	30,00	-	-	-	-
1,349,99
1,350.00	to	294.00	35.00	-	-	-	-
1,359,99
1,360.00	to	301,00	40,00	-	-	-	-
1,369,99
1,370,00	to	308.00	45.00	-	-	-	-
1,379,99
1,380.00	to	315,00	50,00	-	-	-	-
1,389,99
1,390.00	to	322,00	55.00	-	-	-	-
1,399,99
1,400,00	to	329,00	60.00	-	-	-	-
1,409,99
1,410,00	to	336,00	65.00	-	-	-	-
1,419,99
1.420.00	to	343,00	70.00	-	-	-	-
1,429,99
1,430.00	to	350.00	75.00	-	-	-	-
1,439,99
1.440,00	to	357,00	80.00	-	-	-	-
1,449,99
1.450,00	to	364,00	85.00	-	-	-	-
1,459,99
1,460.00	to	371,00	90.00	-	-	-	-
1,469,99
1,470.00	to	378.00	95.00	-	-	-	-
1,479,99
1.480,00	to	385.00	100.00	2.00	-	-	-
1,489,99
1.490,00	to	392.00	105.00	6.00	-	-	-
1,499,99
1.500.00	to	399,00	110,00	10,00	-	-	-
1,509,99
1,510,00	to	406,00	115,00	14,00	-	-	-
1,519,99
1.520.00	to	413,00	120,00	18.00	-	-	-
1.529.99
1,530.00	to	420.00	125.00	22.00	-	-	-
1.539,99
1.540,00	to	427,00	130.00	26.00	-	-	-
1.549,99
1.550,00	to	434.00	135.00	30,00	-	-	-
1,559,99
1.560,00	to	441,00	140.00	34.00	-	-	-
1,569,99
1.570,00	to	448,00	145.00	38.00	-	-	-
1,579,99
1,580.00	to	455,00	150.00	42.00	-	-	-
1,589,99
1,590.00	to	462,00	155.00	46.00	-	-	-
1.599.99
1,600,00	to	469,00	160.00	50,00	-	-	-
1,609,99
1,610,00	to	476,00	165,00	54.00	-	-	-
1,619,99
1,620,00	to	483,00	170.00	58.00	-	-	-
1,629,99
1.630,00	to	490.00	175.00	62.00	-	-	-
1,639,99
1,640.00	to	497,00	180.00	66.00	-	-	-
1,649,99
1,650.00	to	504,00	185.00	70.00	-	-	-
1,659,99
1,660.00	to	511,00	190.00	74.00	-	-	-
1,669,99
1.670,00	to	518.00	195,00	78.00	-	-	-
1,679,99
1.680,00	to	525,00	200,00	82.00	3.00	-	-
1,689,99
1,690.00	to	532,00	205.00	86.00	6.00	-	-
1,699,99
1,700,00	to	539,00	210,00	90.00	9,00	-	-
1,709,99
1,710,00	to	546,00	215,00	94.00	12.00	-	-
1,719,99
1,720.00	to	553,00	220.00	98.00	15,00	-	-
1,729,99
1.730.00	to	560.00	225,00	102.00	18.00	-	-
1,739,99
1,740.00	to	567,00	230.00	106.00	21,00	-	-
1,749,99
1,750.00	to	574,00	235.00	110,00	24.00	-	-
1,759,99
1.760,00	to	581,00	240.00	114.00	27.00	-	-
1,769,99
1.770,00	to	588,00	245,00	118.00	30,00	-	-
1,779,99
1.780,00	to	595,00	250.00	122.00	33.00	-	-
1,789,99
1,790.00	to	602,00	255,00	126.00	36.00	-	-
1,799,99
1,800,00	to	609,00	260.00	130.00	39,00	-	-
1,809,99
1,810,00	to	616.00	265,00	134.00	42.00	-	-
1,819,99
1,820,00	to	623,00	270.00	138.00	45.00	-	-
1,829,99
1,830.00	to	630,00	275.00	142,00	48,00	-	-
1,839,99
1.840,00	to	637,00	280.00	146,00	51.00	-	-
1,849,99
1.850,00	to	644,00	285.00	150.00	54.00	-	-
1,859,99
1.860,00	to	651,00	290.00	154,00	57.00	-	-
1,869,99
1,870.00	to	658,00	295.00	158.00	60.00	1.00	-
1,879,99
1.880,00	to	665,00	300.00	162.00	63.00	3.00	-
1,889,99
1,890.00	to	672,00	305.00	166.00	66.00	5.00	-
1,899,99
1.900.00	to	679,00	310,00	170.00	69,00	7.00	-
1,909,99
1,910,00	to	686,00	315,00	174.00	72.00	9,00	-
1,919,99
1,920,00	to	693,00	320.00	178.00	75.00	11.00	-
1,929,99
1.930,00	to	700,00	325,00	182.00	78.00	13.00	-
1,939,99
1.940,00	to	707,00	330.00	186.00	81,00	15,00	-
1,949,99
1.950,00	to	714.00	335,00	190.00	84.00	17.00	-
1,959,99
1.960,00	to	721,00	340.00	194.00	87.00	19.00	-
1,969,99
1.970,00	to	728,00	345,00	198,00	90.00	21,00	-
1,979,99
1.980,00	to	735.00	350.00	202.00	93.00	23.00	-
1,989,99
1.990,00	to	742,00	355.00	206.00	96.00	25.00	-
1,999,99
2.000,00	to	749,00	360.00	210,00	99.00	27.00	-
2,009,99
2,010,00	to	756,00	365.00	214.00	102.00	29.00	-
2,019,99
2.020.00	to	763,00	370.00	218.00	105.00	31.00	-
2.029,99
2,030.00	to	770.00	375.00	222,00	108.00	33.00	-
2,039,99
2.040,00	to	777,00	380.00	226,00	111,00	35.00	-
2,049,99
2.050,00	to	784,00	385.00	230.00	114.00	37,00	-
2.059.99
2.060,00	to	791,00	390.00	234.00	117.00	39,00	-
2,069,99
2.070,00	to	798,00	395.00	238,00	120,00	41,00	1.00
2,079,99
2.080,00	to	805.00	400.00	242.00	123.00	43.00	2.00
2,089,99
2.090,00	to	812,00	405,00	246.00	126.00	45.00	3.00
2,099,99
2.100,00	to	819,00	410,00	250.00	129,00	47.00	4.00
2,109,99
2.110,00	to	826,00	415,00	254,00	132.00	49,00	5.00
2,119,99
2.120,00	to	833,00	420.00	258.00	135.00	51.00	6.00
2,129,99
2,130.00	to	840.00	425,00	262,00	138.00	53.00	7.00
2,139,99
2,140.00	to	847,00	430.00	266,00	141,00	55.00	8.00
2,149,99
2.150.00	to	854,00	435.00	270.00	144,00	57.00	9,00
2,159,99
2,160.00	to	861,00	440.00	274.00	147,00	59,00	10,00
2,169,99
2,170.00	to	868,00	445,00	278.00	150.00	61,00	11.00
2,179,99
2.180.00	to	875,00	450.00	282.00	153.00	63.00	12.00
2,189,99
2.190,00	to	882,00	455,00	286,00	156.00	65.00	13.00
2.199,99
2.200,00	to	889,00	460.00	290.00	159,00	67.00	14,00
2,209,99
2.210,00	to	896,00	465.00	294.00	162.00	69,00	15,00
2,219,99
2.220.00	to	903,00	470.00	298.00	165,00	71.00	16.00
2,229,99
2,230.00	to	910,00	475,00	302,00	168,00	73.00	17.00
2,239,99
2,240.00	to	917.00	480.00	306,00	171,00	75.00	18.00
2,249,99
2,250.00	to	924,00	485,00	310,00	174.00	77.00	19.00
2,259,99
2,260.00	to	931,00	490.00	314.00	177,00	79,00	20.00
2,269,99
2,270.00	to	938,00	495,00	318.00	180.00	81,00	21,00
2,279,99
2,280.00	to	945.00	500.00	322,00	183.00	83.00	22.00
2,289,99
2.290.00	to	952,00	505.00	326,00	186.00	85.00	23.00
2,299,99
2.300.00	to	959,00	510,00	330.00	189,00	87.00	24.00
2,309,99
2.310,00	to	966,00	515,00	334,00	192.00	89,00	25.00
2,319,99
2.320.00	to	973,00	520.00	338,00	195,00	91,00	26.00
2,329,99
2.330,00	to	980,00	525,00	342,00	198,00	93.00	27.00
2,339,99
2.340.00	to	987,00	530.00	346,00	201.00	95.00	28.00
2,349,99
2.350,00	to	994,00	535,00	350.00	204.00	97.00	29.00
2,359,99
2,360.00	to	1.001.00	540.00	354.00	207.00	99.00	30,00
2,369,99
2,370,00	to	1.008.00	545.00	358.00	210,00	101,00	31.00
2,379,99
2,380.00	to	1,015,00	550.00	362.00	213,00	103,00	32.00
2,389,99
2.390,00	to	1,022,00	555.00	366,00	216,00	105.00	33.00
2,399,99
2,400,00	to	1.029,00	560.00	370.00	219,00	107,00	34.00
2,409,99
2,410,00	to	1.036.00	565,00	374,00	222,00	109,00	35.00
2,419,99
2.420.00	to	1,043,00	570.00	378.00	225,00	111,00	36.00
2,429,99
2,430.00	to	1.050,00	575,00	382.00	228,00	113,00	37,00
2,439,99
2.440,00	to	1.057.00	580.00	386.00	231,00	115,00	38.00
2,449,99
2.450,00	to	1.064.00	585,00	390.00	234.00	117.00	39,00
2,459,99
2,460.00	to	1,071,00	590.00	394.00	237.00	119.00	40,00
2,469,99
2,470.00	to	1,078,00	595,00	398.00	240.00	121,00	41,00
2,479,99
2.480,00	to	1.085.00	600,00	402,00	243,00	123.00	42.00
2,489,99
2.490,00	to	1,092,00	605.00	406,00	246.00	125.00	43.00
2,499,99
2.500.00	to	1,099,00	610,00	410,00	249,00	127.00	44.00
2,509,99
2.510,00	to	1.106.00	615,00	414.00	252.00	129,00	45.00
2,519,99
2,520,00	to	1.113.00	620.00	418.00	255,00	131.00	46.00
2,529,99
2,530.00	to	1.120,00	625,00	422,00	258.00	133.00	47.00
2,539,99
2,540.00	to	1.127.00	630,00	426,00	261,00	135.00	48,00
2,549,99
2,550.00	to	1,134,00	635,00	430.00	264,00	137.00	49,00
2,559,99
2.560,00	to	1,141,00	640.00	434.00	267,00	139,00	50,00
2,569,99
2.570,00	to	1.148.00	645,00	438,00	270.00	141,00	51.00
2,579,99
2,580.00	to	1.155.00	650.00	442,00	273,00	143,00	52.00
2,589,99
2.590,00	to	1.162.00	655,00	446,00	276.00	145.00	53.00
2,599,99
2.600,00	to	1.169,00	660.00	450.00	279,00	147,00	54.00
2,609,99
2,610,00	to	1.176.00	665,00	454,00	282.00	149,00	55.00
2,619,99
2,620,00	to	1.183.00	670.00	458,00	285.00	151,00	56.00
2,629,99
2.630,00	to	1.190,00	675,00	462,00	288.00	153.00	57.00
2,639,99
2.640.00	to	1.197,00	680.00	466,00	291,00	155.00	58.00
2,649,99
2,650.00	to	1,204,00	685.00	470.00	294.00	157.00	59,00
2,659,99
2,660.00	to	1.211,00	690.00	474.00	297.00	159,00	60.00
2,669,99
2,670.00	to	1.218.00	695,00	478,00	300.00	161,00	61,00
2,679,99
2,680.00	to	1.225,00	700,00	482,00	303,00	163.00	62.00
2,689,99
2,690.00	to	1,232,00	705.00	486,00	306,00	165,00	63.00
2,699,99
2.700,00	to	1,239,00	710,00	490.00	309,00	167,00	64,00
2,709,99
2,710,00	to	1.246.00	715,00	494,00	312,00	169,00	65.00
2,719,99
2,720,00	to	1,253,00	720.00	498.00	315,00	171,00	66.00
2,729,99
2.730.00	to	1,260.00	725,00	502.00	318.00	173.00	67.00
2,739,99
2.740,00	to	1,267,00	730.00	506,00	321,00	175.00	68.00
2,749,99
2.750,00	to	1,274,00	735.00	510,00	324.00	177,00	69,00
2,759,99
2.760,00	to	1,281,00	740.00	514.00	327,00	179,00	70.00
2,769,99
2.770,00	to	1,288,00	745,00	518.00	330.00	181,00	71.00
2,779,99
2.780,00	to	1,295,00	750.00	522,00	333,00	183.00	72.00
2,789,99
2,790.00	to	1,302,00	755,00	526,00	336,00	185.00	73.00
2,799,99
2.800.00	to	1,309,00	760.00	530.00	339,00	187.00	74.00
2,809,99
2,810,00	to	1,316.00	765,00	534,00	342,00	189,00	75.00
2,819,99
2,820,00	to	1,323,00	770.00	538,00	345,00	191,00	76.00
2,829,99
2,830.00	to	1.330,00	775,00	542.00	348.00	193.00	77.00
2,839,99
2,840,00	to	1,337,00	780.00	546,00	351,00	195,00	78.00
2,849,99
2.850,00	to	1,344,00	785,00	550.00	354.00	197,00	79,00
2,851,00
The additional amount from 2.851.00 EUR is fully pable.

Net salary of weekly payable amount for maintenance obligations for ... People 012345 and more in EUR

	to	219.99	-	-	-	-	-	-
220.00	to	222.49	1.75	-	-	-	-	-
222.50	to	224.99	3.50	-	-	-	-	-
225,00	to	227,49	5.25	-	-	-	-	-
227,50	to	229,99	7.00	-	-	-	-	-
230.00	to	232.49	8.75	-	-	-	-	-
232.50	to	234.99	10.50	-	-	-	-	-
235.00	to	237.49	12.25	-	-	-	-	-
237.50	to	239.99	14,00	-	-	-	-	-
240.00	to	242.49	15.75	-	-	-	-	-
242.50	to	244.99	17.50	-	-	-	-	-
245,00	to	247.49	19.25	-	-	-	-	-
247.50	to	249.99	21,00	-	-	-	-	-
250.00	to	252.49	22.75	-	-	-	-	-
252.50	to	254.99	24.50	-	-	-	-	-
255,00	to	257.49	26.25	-	-	-	-	-
257.50	to	259.99	28.00	-	-	-	-	-
260.00	to	262,49	29.75	-	-	-	-	-
262,50	to	264,99	31.50	-	-	-	-	-
265,00	to	267.49	33.25	-	-	-	-	-
267.50	to	269.99	35.00	-	-	-	-	-
270.00	to	272.49	36.75	-	-	-	-	-
272.50	to	274.99	38.50	-	-	-	-	-
275.00	to	277.49	40.25	-	-	-	-	-
277.50	to	279.99	42.00	-	-	-	-	-
280.00	to	282.49	43.75	-	-	-	-	-
282.50	to	284.99	45.50	-	-	-	-	-
285.00	to	287.49	47.25	-	-	-	-	-
287.50	to	289.99	49,00	-	-	-	-	-
290.00	to	292.49	50.75	-	-	-	-	-
292.50	to	294.99	52.50	-	-	-	-	-
295.00	to	297.49	54.25	-	-	-	-	-
297.50	to	299.99	56.00	-	-	-	-	-
300.00	to	302.49	57.75	0.75	-	-	-	-
302.50	to	304.99	59.50	2.00	-	-	-	-
305.00	to	307.49	61.25	3.25	-	-	-	-
307.50	to	309.99	63.00	4.50	-	-	-	-
310,00	to	312.49	64,75	5.75	-	-	-	-
312.50	to	314.99	66.50	7.00	-	-	-	-
315,00	to	317.49	68.25	8.25	-	-	-	-
317.50	to	319.99	70.00	9.50	-	-	-	-
320.00	to	322.49	71.75	10.75	-	-	-	-
322.50	to	324.99	73.50	12.00	-	-	-	-
325,00	to	327,49	75.25	13.25	-	-	-	-
327,50	to	329,99	77.00	14.50	-	-	-	-
330.00	to	332,49	78.75	15.75	-	-	-	-
332.50	to	334.99	80.50	17.00	-	-	-	-
335,00	to	337,49	82.25	18.25	-	-	-	-
337,50	to	339,99	84.00	19.50	-	-	-	-
340.00	to	342,49	85.75	20.75	-	-	-	-
342.50	to	344.99	87.50	22.00	-	-	-	-
345,00	to	347.49	89.25	23.25	0.60	-	-	-
347,50	to	349.99	91,00	24.50	1.60	-	-	-
350.00	to	352.49	92.75	25.75	2.60	-	-	-
352.50	to	354.99	94.50	27.00	3.60	-	-	-
355.00	to	357.49	96.25	28.25	4.60	-	-	-
357.50	to	359.99	98.00	29.50	5.60	-	-	-
360.00	to	362.49	99.75	30.75	6.60	-	-	-
362.50	to	364.99	101.50	32.00	7.60	-	-	-
365.00	to	367.49	103.25	33.25	8.60	-	-	-
367.50	to	369.99	105.00	34,50	9.60	-	-	-
370.00	to	372,49	106.75	35.75	10.60	-	-	-
372,50	to	374.99	108.50	37,00	11.60	-	-	-
375.00	to	377.49	110,25	38.25	12.60	-	-	-
377.50	to	379.99	112,00	39,50	13.60	-	-	-
380.00	to	382.49	113,75	40.75	14.60	-	-	-
382.50	to	384.99	115.50	42.00	15.60	-	-	-
385.00	to	387.49	117.25	43.25	16.60	-	-	-
387.50	to	389.99	119.00	44.50	17.60	-	-	-
390.00	to	392.49	120,75	45.75	18.60	0.45	-	-
392.50	to	394.99	122.50	47.00	19.60	1.20	-	-
395.00	to	397.49	124.25	48,25	20.60	1.95	-	-
397.50	to	399,99	126.00	49.50	21,60	2.70	-	-
400.00	to	402.49	127.75	50.75	22.60	3.45	-	-
402.50	to	404.99	129.50	52.00	23.60	4.20	-	-
405,00	to	407.49	131.25	53.25	24.60	4.95	-	-
407,50	to	409.99	133.00	54.50	25.60	5.70	-	-
410,00	to	412.49	134.75	55,75	26.60	6.45	-	-
412.50	to	414.99	136.50	57.00	27.60	7.20	-	-
415,00	to	417.49	138.25	58.25	28.60	7.95	-	-
417.50	to	419.99	140.00	59.50	29.60	8.70	-	-
420.00	to	422.49	141,75	60.75	30.60	9.45	-	-
422.50	to	424.99	143,50	62.00	31.60	10.20	-	-
425,00	to	427,49	145.25	63.25	32.60	10.95	-	-
427,50	to	429,99	147,00	64.50	33.60	11.70	-	-
430.00	to	432.49	148.75	65.75	34,60	12.45	-	-
432.50	to	434.99	150.50	67.00	35,60	13.20	-	-
435.00	to	437,49	152.25	68.25	36.60	13.95	0.30	-
437,50	to	439,99	154,00	69.50	37,60	14.70	0.80	-
440.00	to	442.49	155.75	70.75	38.60	15.45	1.30	-
442.50	to	444.99	157.50	72.00	39,60	16.20	1.80	-
445,00	to	447,49	159.25	73.25	40.60	16.95	2.30	-
447,50	to	449,99	161,00	74.50	41.60	17.70	2.80	-
450.00	to	452,49	162.75	75.75	42.60	18.45	3.30	-
452,50	to	454,99	164,50	77.00	43.60	19.20	3.80	-
455,00	to	457.49	166.25	78.25	44.60	19.95	4.30	-
457,50	to	459.99	168,00	79.50	45.60	20.70	4.80	-
460.00	to	462,49	169,75	80.75	46.60	21.45	5.30	-
462,50	to	464.99	171.50	82.00	47.60	22.20	5.80	-
465.00	to	467,49	173.25	83.25	48,60	22.95	6.30	-
467,50	to	469.99	175.00	84.50	49.60	23.70	6.80	-
470.00	to	472,49	176.75	85.75	50,60	24.45	7.30	-
472,50	to	474.99	178.50	87.00	51.60	25.20	7.80	-
475,00	to	477,49	180.25	88.25	52.60	25.95	8.30	-
477,50	to	479.99	182.00	89.50	53.60	26.70	8.80	-
480.00	to	482.49	183,75	90.75	54.60	27.45	9.30	0.15
482.50	to	484.99	185.50	92.00	55.60	28.20	9.80	0.40
485,00	to	487.49	187.25	93.25	56.60	28.95	10.30	0.65
487,50	to	489.99	189,00	94.50	57.60	29.70	10.80	0.90
490.00	to	492,49	190.75	95.75	58.60	30.45	11.30	1.15
492,50	to	494.99	192.50	97.00	59.60	31.20	11.80	1.40
495,00	to	497,49	194.25	98.25	60.60	31.95	12.30	1.65
497,50	to	499,99	196.00	99.50	61.60	32.70	12.80	1.90
500.00	to	502.49	197,75	100.75	62.60	33.45	13.30	2.15
502.50	to	504.99	199.50	102.00	63.60	34.20	13.80	2.40
505.00	to	507.49	201.25	103.25	64.60	34,95	14.30	2.65
507.50	to	509.99	203.00	104.50	65.60	35.70	14.80	2.90
510,00	to	512.49	204.75	105.75	66.60	36.45	15.30	3.15
512.50	to	514.99	206.50	107,00	67.60	37,20	15.80	3.40
515,00	to	517,49	208.25	108.25	68.60	37,95	16.30	3.65
517.50	to	519.99	210,00	109.50	69.60	38.70	16.80	3.90
520.00	to	522.49	211,75	110,75	70.60	39,45	17.30	4.15
522.50	to	524,99	213,50	112,00	71.60	40.20	17.80	4.40
525,00	to	527,49	215,25	113,25	72.60	40.95	18.30	4.65
527,50	to	529,99	217.00	114.50	73.60	41.70	18.80	4.90
530.00	to	532.49	218,75	115,75	74.60	42.45	19.30	5.15
532.50	to	534.99	220.50	117.00	75.60	43.20	19.80	5.40
535,00	to	537,49	222.25	118.25	76.60	43.95	20.30	5.65
537,50	to	539,99	224,00	119.50	77.60	44.70	20.80	5.90
540.00	to	542.49	225,75	120,75	78.60	45.45	21,30	6.15
542.50	to	544.99	227,50	122.00	79.60	46.20	21.80	6.40
545.00	to	547.49	229,25	123.25	80.60	46.95	22.30	6.65
547.50	to	549,99	231,00	124.50	81.60	47.70	22.80	6.90
550.00	to	552.49	232.75	125.75	82.60	48,45	23.30	7.15
552.50	to	554.99	234.50	127.00	83.60	49.20	23.80	7.40
555.00	to	557.49	236.25	128.25	84.60	49.95	24.30	7.65
557,50	to	559.99	238,00	129.50	85.60	50,70	24.80	7.90
560.00	to	562,49	239.75	130.75	86.60	51.45	25.30	8.15
562,50	to	564,99	241.50	132.00	87.60	52.20	25.80	8.40
565,00	to	567.49	243,25	133.25	88.60	52.95	26.30	8.65
567,50	to	569,99	245,00	134.50	89.60	53.70	26.80	8.90
570.00	to	572,49	246.75	135.75	90.60	54.45	27.30	9.15
572,50	to	574.99	248.50	137.00	91.60	55.20	27.80	9.40
575,00	to	577,49	250.25	138.25	92.60	55.95	28.30	9.65
577,50	to	579,99	252.00	139.50	93.60	56.70	28.80	9.90
580.00	to	582,49	253,75	140.75	94.60	57.45	29.30	10.15
582.50	to	584.99	255,50	142,00	95.60	58.20	29.80	10.40
585,00	to	587,49	257.25	143,25	96.60	58.95	30.30	10.65
587,50	to	589,99	259,00	144,50	97.60	59.70	30.80	10.90
590.00	to	592,49	260,75	145,75	98.60	60.45	31.30	11.15
592.50	to	594.99	262,50	147,00	99.60	61.20	31.80	11.40
595,00	to	597.49	264,25	148.25	100.60	61.95	32.30	11.65
597.50	to	599,99	266,00	149.50	101.60	62.70	32.80	11.90
600,00	to	602,49	267.75	150.75	102.60	63.45	33.30	12.15
602.50	to	604.99	269.50	152.00	103.60	64.20	33.80	12.40
605.00	to	607.49	271.25	153.25	104.60	64.95	34.30	12.65
607.50	to	609.99	273,00	154,50	105.60	65.70	34.80	12.90
610,00	to	612.49	274.75	155.75	106.60	66.45	35.30	13.15
612.50	to	614.99	276.50	157.00	107.60	67.20	35,80	13.40
615,00	to	617,49	278.25	158.25	108.60	67.95	36.30	13.65
617.50	to	619,99	280.00	159.50	109.60	68.70	36.80	13,90
620.00	to	622.49	281.75	160.75	110.60	69.45	37,30	14.15
622.50	to	624.99	283,50	162.00	111.60	70.20	37,80	14.40
625,00	to	627,49	285.25	163.25	112.60	70.95	38.30	14.65
627,50	to	629,99	287,00	164,50	113,60	71.70	38.80	14.90
630,00	to	632,49	288.75	165,75	114.60	72.45	39,30	15.15
632,50	to	634.99	290.50	167,00	115,60	73.20	39,80	15.40
635,00	to	637,49	292.25	168.25	116,60	73.95	40.30	15.65
637,50	to	639,99	294.00	169.50	117.60	74.70	40.80	15.90
640.00	to	642.49	295.75	170.75	118.60	75.45	41.30	16.15
642.50	to	644.99	297.50	172.00	119.60	76.20	41.80	16.40
645,00	to	647.49	299.25	173.25	120,60	76.95	42.30	16.65
647.50	to	649,99	301,00	174.50	121.60	77.70	42.80	16,90
650.00	to	652,49	302.75	175.75	122.60	78.45	43.30	17.15
652.50	to	654,99	304.50	177,00	123.60	79.20	43.80	17.40
655,00	to	657.49	306.25	178.25	124.60	79.95	44.30	17.65
657,50	to	658,00	308.00	179.50	125.60	80.70	44.80	17.90
The additional amount from 658,00 EUR is fully pable.

Net wage of daily amount payable in case of maintenance obligations for ... People 012345 and more in EUR

	to	43.99	-	-	-	-	-	-
44.00	to	44,49	0.35	-	-	-	-	-
44.50	to	44.99	0.70	-	-	-	-	-
45.00	to	45.49	1.05	-	-	-	-	-
45.50	to	45.99	1.40	-	-	-	-	-
46.00	to	46.49	1.75	-	-	-	-	-
46.50	to	46.99	2.10	-	-	-	-	-
47.00	to	47.49	2.45	-	-	-	-	-
47.50	to	47.99	2.80	-	-	-	-	-
48,00	to	48,49	3.15	-	-	-	-	-
48,50	to	48,99	3.50	-	-	-	-	-
49,00	to	49.49	3.85	-	-	-	-	-
49.50	to	49.99	4.20	-	-	-	-	-
50,00	to	50,49	4.55	-	-	-	-	-
50,50	to	50,99	4.90	-	-	-	-	-
51.00	to	51.49	5.25	-	-	-	-	-
51.50	to	51.99	5.60	-	-	-	-	-
52.00	to	52.49	5.95	-	-	-	-	-
52.50	to	52.99	6.30	-	-	-	-	-
53.00	to	53.49	6.65	-	-	-	-	-
53.50	to	53.99	7.00	-	-	-	-	-
54.00	to	54.49	7.35	-	-	-	-	-
54.50	to	54.99	7.70	-	-	-	-	-
55.00	to	55.49	8.05	-	-	-	-	-
55.50	to	55.99	8.40	-	-	-	-	-
56.00	to	56.49	8.75	-	-	-	-	-
56.50	to	56.99	9.10	-	-	-	-	-
57.00	to	57.49	9.45	-	-	-	-	-
57.50	to	57.99	9.80	-	-	-	-	-
58.00	to	58.49	10.15	-	-	-	-	-
58.50	to	58.99	10.50	-	-	-	-	-
59,00	to	59.49	10.85	-	-	-	-	-
59.50	to	59.99	11.20	-	-	-	-	-
60.00	to	60.49	11.55	-	-	-	-	-
60.50	to	60.99	11.90	-	-	-	-	-
61,00	to	61.49	12.25	0.25	-	-	-	-
61.50	to	61.99	12.60	0.50	-	-	-	-
62.00	to	62.49	12.95	0.75	-	-	-	-
62.50	to	62.99	13.30	1.00	-	-	-	-
63.00	to	63.49	13.65	1.25	-	-	-	-
63.50	to	63.99	14,00	1.50	-	-	-	-
64,00	to	64.49	14.35	1.75	-	-	-	-
64.50	to	64.99	14.70	2.00	-	-	-	-
65.00	to	65.49	15.05	2.25	-	-	-	-
65.50	to	65.99	15.40	2.50	-	-	-	-
66.00	to	66.49	15.75	2.75	-	-	-	-
66.50	to	66.99	16.10	3.00	-	-	-	-
67.00	to	67.49	16.45	3.25	-	-	-	-
67.50	to	67.99	16.80	3.50	-	-	-	-
68.00	to	68.49	17.15	3.75	-	-	-	-
68.50	to	68.99	17.50	4.00	-	-	-	-
69,00	to	69.49	17.85	4.25	-	-	-	-
69.50	to	69.99	18.20	4.50	-	-	-	-
70.00	to	70.49	18.55	4.75	0.20	-	-	-
70.50	to	70.99	18.90	5.00	0.40	-	-	-
71.00	to	71.49	19.25	5.25	0.60	-	-	-
71.50	to	71.99	19.60	5.50	0.80	-	-	-
72.00	to	72.49	19.95	5.75	1.00	-	-	-
72.50	to	72.99	20.30	6.00	1.20	-	-	-
73.00	to	73.49	20.65	6.25	1.40	-	-	-
73.50	to	73.99	21,00	6.50	1.60	-	-	-
74.00	to	74.49	21.35	6.75	1.80	-	-	-
74.50	to	74.99	21.70	7.00	2.00	-	-	-
75.00	to	75.49	22.05	7.25	2.20	-	-	-
75.50	to	75.99	22.40	7.50	2.40	-	-	-
76.00	to	76.49	22.75	7.75	2.60	-	-	-
76.50	to	76.99	23.10	8.00	2.80	-	-	-
77.00	to	77.49	23.45	8.25	3.00	-	-	-
77.50	to	77.99	23.80	8.50	3.20	-	-	-
78.00	to	78.49	24.15	8.75	3.40	-	-	-
78.50	to	78.99	24.50	9,00	3.60	-	-	-
79,00	to	79.49	24.85	9.25	3.80	0.15	-	-
79.50	to	79.99	25.20	9.50	4.00	0.30	-	-
80.00	to	80.49	25.55	9.75	4.20	0.45	-	-
80.50	to	80.99	25.90	10,00	4.40	0.60	-	-
81,00	to	81.49	26.25	10.25	4.60	0.75	-	-
81.50	to	81.99	26.60	10.50	4.80	0.90	-	-
82.00	to	82.49	26.95	10.75	5.00	1.05	-	-
82.50	to	82.99	27.30	11.00	5.20	1.20	-	-
83.00	to	83.49	27.65	11.25	5.40	1.35	-	-
83.50	to	83.99	28.00	11.50	5.60	1.50	-	-
84.00	to	84.49	28.35	11.75	5.80	1.65	-	-
84.50	to	84.99	28.70	12.00	6.00	1.80	-	-
85.00	to	85.49	29.05	12.25	6.20	1.95	-	-
85.50	to	85.99	29.40	12.50	6.40	2.10	-	-
86.00	to	86.49	29.75	12.75	6.60	2.25	-	-
86.50	to	86.99	30.10	13.00	6.80	2.40	-	-
87.00	to	87.49	30.45	13.25	7.00	2.55	-	-
87.50	to	87.99	30.80	13.50	7.20	2.70	-	-
88.00	to	88.49	31.15	13.75	7.40	2.85	0.10	-
88.50	to	88.99	31.50	14,00	7.60	3.00	0.20	-
89,00	to	89.49	31.85	14.25	7.80	3.15	0.30	-
89.50	to	89.99	32.20	14.50	8.00	3.30	0.40	-
90.00	to	90.49	32.55	14.75	8.20	3.45	0.50	-
90.50	to	90.99	32.90	15,00	8.40	3.60	0.60	-
91,00	to	91.49	33.25	15.25	8.60	3.75	0.70	-
91.50	to	91.99	33.60	15.50	8.80	3.90	0.80	-
92.00	to	92.49	33.95	15.75	9,00	4.05	0.90	-
92.50	to	92.99	34.30	16.00	9.20	4.20	1.00	-
93.00	to	93.49	34,65	16.25	9.40	4.35	1.10	-
93.50	to	93.99	35.00	16.50	9.60	4.50	1.20	-
94.00	to	94.49	35,35	16.75	9.80	4.65	1.30	-
94.50	to	94.99	35.70	17.00	10,00	4.80	1.40	-
95.00	to	95.49	36.05	17.25	10.20	4.95	1.50	-
95.50	to	95.99	36.40	17.50	10.40	5.10	1.60	-
96.00	to	96.49	36.75	17.75	10.60	5.25	1.70	-
96.50	to	96.99	37,10	18.00	10.80	5.40	1.80	-
97.00	to	97.49	37,45	18.25	11.00	5.55	1.90	0.05
97.50	to	97.99	37,80	18.50	11.20	5.70	2.00	0.10
98.00	to	98.49	38.15	18.75	11.40	5.85	2.10	0.15
98.50	to	98.99	38.50	19.00	11.60	6.00	2.20	0.20
99.00	to	99.49	38.85	19.25	11.80	6.15	2.30	0.25
99.50	to	99.99	39,20	19.50	12.00	6.30	2.40	0.30
100.00	to	100.49	39,55	19.75	12.20	6.45	2.50	0.35
100.50	to	100.99	39,90	20.00	12.40	6.60	2.60	0.40
101,00	to	101.49	40.25	20.25	12.60	6.75	2.70	0.45
101.50	to	101.99	40.60	20.50	12.80	6.90	2.80	0.50
102.00	to	102.49	40.95	20.75	13.00	7.05	2.90	0.55
102.50	to	102.99	41.30	21,00	13.20	7.20	3.00	0.60
103,00	to	103.49	41.65	21.25	13.40	7.35	3.10	0.65
103.50	to	103.99	42.00	21,50	13.60	7.50	3.20	0.70
104.00	to	104.49	42.35	21.75	13.80	7.65	3.30	0.75
104.50	to	104.99	42.70	22.00	14,00	7.80	3.40	0.80
105.00	to	105.49	43.05	22.25	14.20	7.95	3.50	0.85
105.50	to	105.99	43.40	22.50	14.40	8.10	3.60	0.90
106.00	to	106.49	43.75	22.75	14.60	8.25	3.70	0.95
106.50	to	106.99	44.10	23.00	14.80	8.40	3.80	1.00
107,00	to	107.49	44.45	23.25	15,00	8.55	3.90	1.05
107.50	to	107.99	44.80	23.50	15.20	8.70	4.00	1.10
108.00	to	108.49	45.15	23.75	15.40	8.85	4.10	1.15
108.50	to	108.99	45.50	24.00	15.60	9,00	4.20	1.20
109,00	to	109.49	45.85	24.25	15.80	9.15	4.30	1.25
109.50	to	109.99	46.20	24.50	16.00	9.30	4.40	1.30
110,00	to	110,49	46.55	24.75	16.20	9.45	4.50	1.35
110,50	to	110,99	46.90	25.00	16.40	9.60	4.60	1.40
111,00	to	111.49	47.25	25.25	16.60	9.75	4.70	1.45
111.50	to	111,99	47.60	25.50	16.80	9.90	4.80	1.50
112,00	to	112.49	47.95	25.75	17.00	10.05	4.90	1.55
112.50	to	112.99	48,30	26.00	17.20	10.20	5.00	1.60
113,00	to	113,49	48,65	26.25	17.40	10.35	5.10	1.65
113,50	to	113,99	49,00	26.50	17.60	10.50	5.20	1.70
114.00	to	114.49	49.35	26.75	17.80	10.65	5.30	1.75
114.50	to	114.99	49.70	27.00	18.00	10.80	5.40	1.80
115,00	to	115,49	50.05	27.25	18.20	10.95	5.50	1.85
115.50	to	115,99	50,40	27.50	18.40	11.10	5.60	1.90
116,00	to	116,49	50.75	27.75	18.60	11.25	5.70	1.95
116,50	to	116,99	51,10	28.00	18.80	11.40	5.80	2.00
117.00	to	117,49	51.45	28.25	19.00	11.55	5.90	2.05
117.50	to	117.99	51,80	28.50	19.20	11.70	6.00	2.10
118.00	to	118.49	52.15	28.75	19.40	11.85	6.10	2.15
118.50	to	118.99	52.50	29.00	19.60	12.00	6.20	2.20
119.00	to	119.49	52.85	29.25	19.80	12.15	6.30	2.25
119.50	to	119.99	53,20	29.50	20.00	12.30	6.40	2.30
120,00	to	120,49	53.55	29.75	20.20	12.45	6.50	2.35
120,50	to	120,99	53,90	30,00	20.40	12.60	6.60	2.40
121,00	to	121.49	54.25	30.25	20.60	12.75	6.70	2.45
121.50	to	121.99	54.60	30.50	20.80	12.90	6.80	2.50
122.00	to	122.49	54.95	30.75	21,00	13.05	6.90	2.55
122.50	to	122.99	55.30	31.00	21,20	13.20	7.00	2.60
123.00	to	123.49	55.65	31.25	21,40	13.35	7.10	2.65
123.50	to	123.99	56.00	31.50	21,60	13.50	7.20	2.70
124.00	to	124.49	56.35	31.75	21.80	13.65	7.30	2.75
124.50	to	124.99	56.70	32.00	22.00	13.80	7.40	2.80
125.00	to	125.49	57.05	32.25	22.20	13.95	7.50	2.85
125.50	to	125.99	57.40	32.50	22.40	14.10	7.60	2.90
126.00	to	126.49	57.75	32.75	22.60	14.25	7.70	2.95
126.50	to	126.99	58.10	33.00	22.80	14.40	7.80	3.00
127.00	to	127.49	58.45	33.25	23.00	14.55	7.90	3.05
127.50	to	127.99	58.80	33.50	23.20	14.70	8.00	3.10
128.00	to	128.49	59.15	33.75	23.40	14.85	8.10	3.15
128.50	to	128.99	59.50	34.00	23.60	15,00	8.20	3.20
129,00	to	129.49	59.85	34.25	23.80	15.15	8.30	3.25
129.50	to	129.99	60.20	34,50	24.00	15.30	8.40	3.30
130.00	to	130.49	60.55	34.75	24.20	15.45	8.50	3.35
130.50	to	130.99	60.90	35.00	24.40	15.60	8.60	3.40
131.00	to	131.49	61.25	35.25	24.60	15.75	8.70	3.45
131.50	to	131,58	61.60	35,50	24.80	15.90	8.80	3.50
The additional amount from 131,58 EUR is fully pable.

*)

This facility is published on 25 February 2005 (BGBl.) by means of a notice of § 850c of the Code of Civil Procedure (Pfändungsfreiboundenannouncement 2005) of 25 February 2005. 493).

Footnote

(+ + + Note: the version of the installation is the result of:
for the period from 1 July 2007 to 30 June 2009 from Bek. v. 22.1.2007 I 64
(Pfändungsfreigrenzenannouncement 2007),
for the period from 1 July 2009 to 30 June 2011 from Bek. v. 15.5.2009 I 1141
(Pfändungsfreigrenzenannouncement 2009),
for the period from 1.7.2011 from Bek. v. 9.5.2011 I 825
(Pfändungsfreigrenzenannouncement 2011),
for the period from 1.7.2013 from Bek. v. 26.3.2013 I 710
(Pfändungsfreigrenzenannouncement 2013) u.
for the period from 1.7.2015 from Bek. v. 14.4.2015 I 618
(Pfändungsfreigrenzenannouncement 2015) + + +) Unofficial table of contents

Annex EV Excerpt from EinigVtr Annex I, Chapter III, Sachgebiet A, Sections III and IV
(BGBl. II 1990, 889, 927, 940)
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:
...

5.

Civil procedure in the revised version published in the Bundesgesetzblatt part III, outline number 310-4, as last amended by Article 4 of the Law of 17 May 1990 (BGBl. 926), with the following measures:

a)

to (i) (no longer apply)

j)

Decisions of the social courts cannot be declared enforceable.

k)

to (l) (no longer applicable)

...

28.

For the rest, unless otherwise specified in paragraphs 1 to 27, the following general measures shall apply: (no longer apply)

Section IV
...

3.

The following special features shall apply in the Land of Berlin for the following provisions referred to in Section III: ...

c)

Civil procedure in the revised version published in the Bundesgesetzblatt part III, outline number 310-4, as last amended by Article 4 of the Law of 17 May 1990 (BGBl. 926), with the following measures:
(no longer apply)

...