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Book 1
General regulations
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Chapter 1
Courts
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Title 1
Substantive jurisdiction of the courts; regulations as to value
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Section 1Substantive jurisdiction
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Section 2Significance of the value
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Section 3Assessment of the value at the sole discretion of the court
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Section 4Computation of the value; ancillary claims
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Section 5Plurality of claims
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Section 6Possession; freezing of property; security right
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Section 7Easement
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Section 8Lease or tenancy relationship
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Section 9Recurrent usufruct or performance
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Section 10(repealed)
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Section 11Binding decision as to the lack of jurisdiction
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Title 2
Venue
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Section 12General venue; term
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Section 13General venue of the place of residence
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Section 14(repealed)
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Section 15General venue of extraterritorial German citizens
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Section 16General venue of persons without a place of residence
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Section 17General venue of legal persons
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Section 18General venue of the government treasury
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Section 19Several judicial districts at the official seat of the public authority
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Section 19aGeneral venue of the insolvency administrator
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Section 20Specific jurisdiction of the place of abode
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Section 21Specific jurisdiction of a place of business
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Section 22Specific jurisdiction of a membership
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Section 23Specific jurisdiction of assets and of an object
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Section 23a(repealed)
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Section 24Exclusive jurisdiction as to the subject matter (forum rei sitae)
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Section 25Jurisdiction as to the subject matter (forum rei sitae) in light of the matter’s connection with the various facts and their overall context
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Section 26Jurisdiction as to the subject matter (forum rei sitae) for complaints brought against a person
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Section 27Specific jurisdiction of an inheritance
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Section 28Extended jurisdiction of an inheritance
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Section 29Specific jurisdiction of the place of performance
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Section 29aExclusive jurisdiction of spaces governed by a tenancy or lease agreement
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Section 29b(repealed)
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Section 29cSpecific jurisdiction for doorstep sales
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Section 30Jurisdiction for claims arising from search and rescue operations
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Section 31Specific jurisdiction for asset management
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Section 32Specific jurisdiction for tort
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Section 32aExclusive jurisdiction for effects on the environment
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Section 32bExclusive jurisdiction for false or misleading public capital market disclosures, and exclusive jurisdiction in the event that such disclosures have not been made
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Section 33Specific jurisdiction for countercharges
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Section 34Specific jurisdiction of the main proceedings
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Section 35Selection from among several jurisdictions
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Section 35a(repealed)
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Section 36Determination of jurisdiction by a court
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Section 37Procedure by which a court determines the venue
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Title 3
Agreement as to the jurisdiction of the courts
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Section 38Admissible agreement as to the choice of venue
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Section 39Competence of a court as a result of a party having participated in court proceedings without objecting to the court’s lack of jurisdiction (rügelose Verhandlung)
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Section 40Invalid and inadmissible choice of court agreement
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Title 4
Disqualification and recusal of court personnel
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Section 41Disqualification from the exercise of judicial office
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Section 42Recusal of a judge from a case
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Section 43Loss of the right to recuse a judge
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Section 44Motion to recuse a judge
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Section 45Decision on a motion to recuse a judge
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Section 46Decision and appellate remedies
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Section 47Official acts that cannot be delayed
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Section 48Self-recusal; recusal ex officio
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Section 49Records clerks
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Chapter 2
Parties
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Title 1
Capacity to be a party to court proceedings; capacity to sue and be sued
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Section 50Capacity to be a party to court proceedings
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Section 51Capacity to sue and be sued; legal representation; pursuit of court proceedings
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Section 52Scope of the capacity to sue and be sued
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Section 53Legal disability in case of custodianship or curatorship
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Section 53a(repealed)
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Section 54Special authorisation to take actions in the proceedings
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Section 55Foreigners’ capacity to sue and be sued
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Section 56Review ex officio
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Section 57Curator ad litem
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Section 58Curator ad litem for ownerless real estate or unclaimed ships
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Title 2
Joinder of parties
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Section 59Joinder of parties in communities of interest with regard to the disputed right, or where the cause is identical
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Section 60Joinder of parties in the event of similar claims
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Section 61Effect of a joinder of parties
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Section 62Necessary joinder of parties
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Section 63Pursuit of the proceedings; summonses
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Title 3
Involvement of third parties in the legal dispute
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Section 64Third-party intervention through an action against the two parties to a pending lawsuit
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Section 65Suspension of the main proceedings
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Section 66Third-party intervention in support of a party to the dispute
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Section 67Legal position of the third party intervening in support of a party to the dispute
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Section 68Effect of the third-party intervention in support of a party to the dispute
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Section 69Third-party intervention in support of a party to the dispute as a joinder of parties
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Section 70Accession by the third party intervening in support of a party to the dispute
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Section 71Interlocutory proceedings regarding the third-party intervention in support of a party to the dispute
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Section 72Admissibility of third-party notice
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Section 73Form of filing third-party notice
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Section 74Effects of the third-party notice
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Section 75Interpleader sought by the defendant
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Section 76Laudatio auctoris in cases involving possession
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Section 77Laudatio auctoris in cases involving impaired ownership
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Title 4
Attorneys of record and counsel
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Section 78Proceedings in which the parties must be represented by counsel
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Section 78a(repealed)
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Section 78bAttorney appointed by the court in keeping with statutory requirements
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Section 78cSelection of the attorney
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Section 79Proceedings the parties may pursue without being represented by counsel
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Section 80Power of attorney for proceedings
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Section 81Scope of the power of attorney for proceedings
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Section 82Power of attorney valid for collateral proceedings outside of the actual litigation
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Section 83Limitation of the power of attorney for proceedings
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Section 84Plurality of attorneys of record
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Section 85Effect of the power of attorney for proceedings
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Section 86Continuation in force of the power of attorney for proceedings
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Section 87Expiry of the power of attorney
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Section 88Lack of power of attorney
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Section 89Representative without a power of attorney
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Section 90Advisers
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Title 5
Costs of the proceedings
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Section 91Principle of the obligation to bear costs; scope of this obligation
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Section 91aCosts where the main action has been dealt with and terminated
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Section 92Costs in the event a party prevails in part
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Section 93Costs in the event an immediate acknowledgment is made
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Section 93a(repealed)
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Section 93bCosts of actions brought for the vacation of premises
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Section 93c(repealed)
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Section 93d(repealed)
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Section 94Costs where claims have devolved upon others
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Section 95Costs in the event of failure to comply with procedural rules or of fault
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Section 96Costs of means of challenge or defence that have not met with success
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Section 97Costs of appellate remedies
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Section 98Costs of settling a matter
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Section 99Contestation of rulings on the payment of costs
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Section 100Costs as borne by joined parties
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Section 101Costs of a third-party intervention in support of a party to the dispute
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Section 102(repealed)
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Section 103Basis for the assessment of costs; petition for the assessment of costs
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Section 104Procedure for the assessment of costs
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Section 105Simplified cost-assessment order
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Section 106Cost allocation according to quotas
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Section 107Change based on an assessment of the value of the claim
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Title 6
Provision of security
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Section 108Nature and amount of the security
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Section 109Return of the security
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Section 110Security deposit for the costs of the proceedings
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Section 111Retroactive demand for a security deposit for the costs of the proceedings
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Section 112Amount of the security deposit for the costs of the proceedings
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Section 113Determination of the deadline by which the security deposits for the costs of the proceedings are to be provided
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Title 7
Assistance with court costs; advance on the costs of litigation
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Section 114Prerequisites
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Section 115Use of income and assets
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Section 116Party by virtue of an office; legal person; organisations having the capacity to be a party
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Section 117Application
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Section 118Approval procedure
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Section 119Approval
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Section 120Assessment of payments
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Section 121Assignment of counsel
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Section 122Effect of assistance with court costs
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Section 123Reimbursement of costs
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Section 124Repeal of the approval
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Section 125Collection of costs
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Section 126Recovery of attorneys’ fees
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Section 127Decisions
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Section 127a(repealed)
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Chapter 3
Proceedings
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Title 1
Hearing for oral argument
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Section 128Principle of oral argument; proceedings conducted in writing
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Section 128aHearing for oral argument using image and sound transmission
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Section 129Preparatory written pleadings
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Section 129aPetitions and declarations filed for the record
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Section 130Content of the written pleadings
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Section 130aElectronic document
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Section 130bJudicial electronic documents
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Section 131Attachment of records or documents
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Section 132Deadlines for written pleadings
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Section 133Copies
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Section 134Inspection of records or documents
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Section 135Communication of records or documents amongst attorneys
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Section 136Power of the presiding judge to direct the course of the proceedings
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Section 137Course of the hearing for oral argument
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Section 138Obligation to make declarations as to facts; obligation to tell the truth
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Section 139Direction in substance of the course of proceedings
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Section 140Objections raised against the direction of the course of proceedings, or against questions
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Section 141Order that a party appear in person
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Section 142Order to produce records or documents
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Section 143Order to transmit files
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Section 144Visual evidence taken on site; experts
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Section 145Separation of proceedings
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Section 146Limitation to individual means of challenge or defence
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Section 147Consolidation of proceedings
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Section 148Suspension if a decision in another matter is anticipated
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Section 149Suspension in the event a criminal offence is suspected
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Section 150Repeal of the separation, consolidation, or suspension of proceedings
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Section 151(repealed)
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Section 152Suspension in the event of a petition for annulment of a marriage
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Section 153Suspension in the event of an action challenging paternity having been brought
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Section 154Suspension in the event of action having been brought in a matrimonial matter, or in a matter of parental responsibility for children
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Section 155Repeal of the suspension in the event of delays
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Section 156Resumption of the hearing
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Section 157Delegation of authority for the hearing
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Section 158Removal from the hearing as the result of a court order issued as part of the court’s direction of the course of proceedings
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Section 159Recording the hearing
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Section 160Content of the hearing record
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Section 160aPreparing a preliminary record of the hearing
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Section 161Dispensable determinations
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Section 162Approval of the record of the hearing
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Section 163Signature of the record of the hearing
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Section 164Corrections of the hearing record
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Section 165Evidentiary value of the hearing record
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Title 2
Procedure for the Service of Records or Documents
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Subtitle 1
Service ex officio
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Section 166Service
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Section 167Retroactive effect of the service
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Section 168Responsibilities of the court registry
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Section 169Confirmation of the time of service; certification
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Section 170Service on representatives
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Section 171Service on authorised recipients
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Section 172Service on attorneys of record
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Section 173Service by physical delivery at the sub-office
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Section 174Service against return confirmation of receipt
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Section 175Service by registered mail, return receipt requested
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Section 176Instructions to serve records or documents
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Section 177Place of service
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Section 178Substituted service at the residence, at business premises, and at institutions
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Section 179Service in the event acceptance is refused
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Section 180Substituted service by placement in the letterbox
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Section 181Substituted service by deposit of the records or documents
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Section 182Record of service
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Section 183Service abroad
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Section 184Authorised recipients; service by mailing the records or documents
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Section 185Service by publication
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Section 186Approval of and implementation of service by publication
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Section 187Publication of the notification
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Section 188Time at which service by publication has been effected
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Section 189Remediation of defects in the service of records or documents
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Section 190Standard forms for the service of records or documents
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Subtitle 2
Service of records or documents at the instigation of the parties
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Section 191Service of records or documents
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Section 192Service of records or documents by a court-appointed enforcement officer
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Section 193Implementation of service
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Section 194Instructions to serve records or documents
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Section 195Service of records or documents from one attorney on another attorney
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Sections 195a to 213a(repealed)
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Title 3
Summonses, hearings, and periods
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Section 214Summons to a hearing
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Section 215Required content of a summons to a hearing for oral argument
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Section 216Hearing dates determined by the court
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Section 217Summons period
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Section 218Cases in which a summons may be dispensed with
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Section 219Venue of the hearing
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Section 220Case called up; failure of a party to make an appearance at the hearing
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Section 221Commencement of periods
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Section 222Calculation of the period
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Section 223(repealed)
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Section 224Reduction of a period; extension of a period
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Section 225Procedure for modifying a period
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Section 226Reduction of interim periods
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Section 227Changes of date for scheduled hearings
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Section 228(repealed)
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Section 229Judge correspondingly delegated or requested
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Title 4
Consequences of failure to take action; restoration of the status quo ante
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Section 230General consequence of failing to take action
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Section 231No warning; procedural actions taken retroactively
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Section 232(repealed)
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Section 233Restoration of the status quo ante
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Section 234Period for the restoration of the status quo ante
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Section 235(repealed)
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Section 236Petition for restoration of the status quo ante
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Section 237Responsibility for restoration of the status quo ante
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Section 238Procedure in the event of the status quo ante having been restored
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Title 5
Interruption and suspension of the proceedings
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Section 239Interruption due to the death of a party
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Section 240Interruption due to insolvency proceedings
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Section 241Interruption due to a person coming under legal disability
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Section 242Interruption due to reversionary succession
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Section 243Resumption of proceedings in the case of a curator or an executor having been appointed for an estate
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Section 244Interruption due to the loss of an attorney
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Section 245Interruption due to suspension of the administration of law
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Section 246Suspension in the event a party is represented by an attorney of record
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Section 247Suspension in the event of interrupted communications
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Section 248Procedure in the event of suspension
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Section 249Effects of interruption and suspension
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Section 250Form of resuming proceedings and notification
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Section 251Stay of proceedings
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Section 251aFailure of both parties to comply with procedural rules; decision on the basis of the record as it stands
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Section 252Appellate remedies available in the event of proceedings being suspended
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Book 2
Procedural rules for proceedings before the courts of first instance
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Chapter 1
Proceedings before the regional courts (Landgerichte)
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Title 1
Proceedings until a judgment is entered
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Section 253Statement of claim
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Section 254Action by stages
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Section 255Determination of periods in the judgment
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Section 256Action for acknowledgment
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Section 257Action for future payment or for the clearing of premises
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Section 258Action for recurrent performance
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Section 259Action brought due to concern that performance might not be made within the period set
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Section 260Consolidation of claims
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Section 261Pending suit
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Section 262Other effects of the dispute being pending
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Section 263Modification of the suit filed
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Section 264No modification of the suit filed
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Section 265Disposition or assignment of the object in dispute
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Section 266Disposition of a plot of real estate
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Section 267Presumed consent to the modification of a suit filed
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Section 268Decision is incontestable
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Section 269Withdrawal of legal action
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Section 270Service; communication by simple letter
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Section 271Service of the statement of claim
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Section 272Determination of the form of procedure
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Section 273Preparations for the hearing
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Section 274Summons of the parties; time for entering an appearance
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Section 275Advance first hearing
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Section 276Preliminary proceedings conducted in writing
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Section 277Statement of defence; counterplea
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Section 278Amicable resolution of the dispute; conciliation hearing; settlement
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Section 279Hearing for oral argument
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Section 280Separate hearing on the admissibility of the action
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Section 281Referral in the event the court does not have jurisdiction
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Section 282Submissions to the court made in due time
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Section 283Time limit for written pleadings that react to an opponent’s submissions
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Section 284Taking of evidence
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Section 285Oral argument after evidence has been taken
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Section 286Evaluation of evidence at the court’s discretion and conviction
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Section 287Investigation and determination of damages; amount of the claim
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Section 288Admission before the court
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Section 289Additional statements made in an admission
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Section 290Revocation of an admission
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Section 291Common knowledge
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Section 292Legal presumptions
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Section 292a(repealed)
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Section 293Foreign law; customary law; statutes
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Section 294Demonstration of allegations to the satisfaction of the court
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Section 295Objections to process
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Section 296Refusal to accept submissions made late
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Section 296aSubmissions made following close of the hearing
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Section 297Form of filing petitions with the court
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Section 298Hard copies for files
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Section 298aElectronic file
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Section 299Inspection of files; copies
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Section 299aData carrier archive
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Title 2
Judgment
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Section 300Final judgment
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Section 301Partial judgment
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Section 302Judgment subject to a reservation of rights
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Section 303Interlocutory judgment
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Section 304Interlocutory judgment as to the merits of a claim
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Section 305Judgment subject to the proviso of liability limited by inheritance law
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Section 305aJudgment subject to the proviso of liability limited by maritime law
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Section 306Waiver
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Section 307Acknowledgment
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Section 308Binding effect of the parties’ petitions
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Section 308aDecisions handed down in disputes between lessor and lessee without a petition being required
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Section 309Judges entering the judgment
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Section 310Hearing for pronouncement of the judgment
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Section 311Form of pronouncing the judgment
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Section 312Presence of the parties
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Section 313Form and content of the judgment
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Section 313aPurposeful omission of merits of the case and reasons on which a ruling is based
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Section 313bDefault judgment, judgment based on an acknowledgment by the defendant, and judgment based on a waiver having been declared
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Section 314Evidentiary value of the section addressing the facts and the merits of the case
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Section 315Signature by judges
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Section 316(repealed)
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Section 317Service of the judgment and its execution
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Section 318
Court bound by its ruling
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Section 319
Correction of the judgment
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Section 320Correction of the judgment’s section addressing the facts and the merits of the case
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Section 321Amendment of the judgment
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Section 321aRedress granted in the event a party’s right to be given an effective and fair legal hearing has been violated
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Section 322Legal validity of the judgment in substance
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Section 323Modification of judgments
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Section 323aModification of settlement agreements and deeds
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Section 323bAggravated liability
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Section 324Action asserting supplementary claims to a security
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Section 325Subjective legal validity
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Section 325aLegalisation effect of the decision taken in a model case for other cases of the same nature
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Section 326Legal validity in the event of reversionary succession
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Section 327Legal validity in the event of a will being executed
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Section 328Recognition of foreign judgments
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Section 329Orders and rulings
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Title 3
Default judgment
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Section 330Default judgment against the plaintiff
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Section 331Default judgment against the defendant
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Section 331aDecision taken on the basis of the record as it stands
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Section 332Hearing scheduled for oral argument
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Section 333Failure of the party appearing to submit oral argument
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Section 334Incomplete oral argument
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Section 335Inadmissibility of a default decision
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Section 336Appellate remedies available against dismissal
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Section 337Adjournment ex officio
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Section 338Protest
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Section 339Period within which a protest may be entered
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Section 340Notice of protest
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Section 340aService of the notice of protest
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Section 341Review of the protest
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Section 341aHearing for oral argument regarding the protest
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Section 342Effects of admissible protest
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Section 343Decision subsequent to a protest
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Section 344Costs of the failure to comply with procedural requirements
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Section 345Second default judgment
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Section 346Waiver and withdrawal of protest
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Section 347Procedure in bringing counterclaims and interlocutory proceedings
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Title 4
Procedure before a judge sitting alone
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Section 348Judge sitting alone as the court of decision
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Section 348aObligatory judge sitting alone
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Section 349Presiding judge of the division for commercial matters
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Section 350Appellate remedies
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Sections 351 to 354(repealed)
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Title 5
General regulations on taking evidence
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Section 355Evidence to be taken directly
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Section 356Period within which evidence must be produced
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Section 357Attendance of parties
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Section 357a(repealed)
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Section 358Necessity of issuing an order for evidence to be taken
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Section 358aOrder for evidence to be taken and taking of evidence prior to a hearing for oral argument
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Section 359Content of the order for evidence to be taken
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Section 360Modification of the order for evidence to be taken
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Section 361Evidence taken by a delegated judge charged with a task
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Section 362Evidence taken by a requested judge
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Section 363Evidence taken abroad
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Section 364Cooperation and assistance by parties where evidence is taken abroad
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Section 365Relinquishment of jurisdiction by the judge correspondingly delegated or requested
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Section 366Interlocutory proceedings
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Section 367Failure of a party to appear
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Section 368New hearing for evidence to be taken
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Section 369Taking of evidence abroad
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Section 370Continuation of the hearing for oral argument
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Title 6
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Evidence taken by visual inspection
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Section 371Evidence taken by visual inspection
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Section 371aEvidentiary value of electronic documents
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Section 372Taking of evidence
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Section 372aTesting performed to establish parentage
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Title 7
Taking of evidence by hearing witnesses
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Section 373Offer to provide evidence
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Section 374(repealed)
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Section 375Taking of evidence by a judge correspondingly delegated or requested
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Section 376Examination of persons subject to official secrecy obligations
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Section 377Summons of a witness
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Section 378Documents facilitating a witness’s testimony
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Section 379Advance payment to cover expenditures
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Section 380Consequences of a witness’s failure to appear
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Section 381Sufficient excuse for failing to appear
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Section 382Examination of certain witnesses at specific locations
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Section 383Refusal to testify on personal grounds
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Section 384Refusal to testify for factual reasons
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Section 385Exceptions from the right to refuse testimony
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Section 386Declaration of refusal to testify
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Section 387Interlocutory proceedings regarding the refusal to testify
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Section 388Interlocutory proceedings regarding a written refusal to testify
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Section 389Refusal to testify before a judge correspondingly delegated or requested
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Section 390Consequences of the refusal to testify
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Section 391Placing a witness under oath
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Section 392Oath sworn subsequently; wording of the oath
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Section 393Examination of a witness who is not placed under oath
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Section 394Examination of each witness individually
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Section 395Instruction of a witness to tell the truth; personal information of the witness
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Section 396Examination regarding the dispute
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Section 397Right of the parties to ask questions
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Section 398Repeated examinations; subsequent examinations
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Section 399Waiver of a witness’s examination
|
|
Section 400Authorisation of the judge charged with taking evidence
|
|
Section 401Compensation of witnesses
|
Title 8
Evidence provided by experts
|
|
Section 402Applicability of the rules for witnesses
|
|
Section 403Offer to provide evidence
|
|
Section 404Selection of the expert
|
|
Section 404aDirections by the court as regards the expert’s activities
|
|
Section 405Selection of the judge charged with taking evidence
|
|
Section 406Rejection of an expert
|
|
Section 407Obligation to submit a report
|
|
Section 407aOther obligations of the expert
|
|
Section 408Right to refuse to prepare a report
|
|
Section 409Consequences of the failure to appear or of the refusal to submit a report
|
|
Section 410Placing the expert under oath
|
|
Section 411Written report
|
|
Section 411aUse of expert reports prepared in other proceedings
|
|
Section 412New report
|
|
Section 413Remuneration of the expert
|
|
Section 414Expert witnesses
|
Title 9
Evidence provided by records and documents
|
|
Section 415Evidentiary value of public records and documents regarding declarations
|
|
Section 416Evidentiary value of private records and documents
|
|
Section 416aEvidentiary value of the hard-copy printout of a public electronic document
|
|
Section 417Evidentiary value of public records and documents regarding a directive, ruling or decision issued by an authority
|
|
Section 418Evidentiary value of public records and documents with other content
|
|
Section 419Evidentiary value of flawed records and documents
|
|
Section 420Production by the party tendering evidence; offer to provide evidence
|
|
Section 421Production by the opponent; offer to provide evidence
|
|
Section 422Opponent’s obligation under civil law to produce a record or document
|
|
Section 423Opponent’s obligation to produce a record or document in the event of reference being made to same
|
|
Section 424Petition in the event the record or document is to be produced by the opponent
|
|
Section 425Order that the opponent produce the record or document
|
|
Section 426Examination of the opponent regarding the whereabouts of the record or document
|
|
Section 427Consequences of the opponent failing to produce the record or document
|
|
Section 428Production by third parties; offer to provide evidence
|
|
Section 429Obligation of third parties to produce a record or document
|
|
Section 430Petition for the record or document to be produced by a third party
|
|
Section 431Period set for the third party to produce the record or document
|
|
Section 432Production of records or documents by public authorities or civil servants; offer to provide evidence
|
|
Section 433(repealed)
|
|
Section 434Production of records or documents to judges correspondingly delegated or requested
|
|
Section 435Production of public records and documents as originals or as certified copies
|
|
Section 436Waiver following the production of a record or document
|
|
Section 437Authenticity of German public records and documents
|
|
Section 438Authenticity of foreign public records and documents
|
|
Section 439Declaration as to the authenticity of private records and documents
|
|
Section 440Evidence of the authenticity of private records and documents
|
|
Section 441Handwriting comparison
|
|
Section 442Evaluation of the handwriting comparison
|
|
Section 443Safekeeping of suspicious records or documents
|
|
Section 444Consequences of the removal of a record or document
|
Title 10
Evidence provided by examination of a party
|
|
Section 445Examination of the opponent; offer to provide evidence
|
Section 446
Refusal by the opponent to be examined
|
|
Section 447Examination, upon corresponding application being made, of the party upon whom it is incumbent to provide evidence
|
|
Section 448Ex officio examination
|
|
Section 449Examination of joined parties
|
|
Section 450Court order for evidence to be taken
|
|
Section 451Actual examination
|
|
Section 452Placing a party under oath
|
|
Section 453Evaluation of the evidence obtained in examining a party
|
|
Section 454Failure of the party to appear
|
|
Section 455Persons under a legal disability
|
|
Sections 456 to 477(repealed)
|
Title 11
Administration of oaths and affirmations
|
|
Section 478Oath taken in person
|
|
Section 479Oath taken before the judge correspondingly delegated or requested
|
|
Section 480Cautionary remarks regarding the oath to be sworn
|
|
Section 481Taking of the oath; wording of the oath
|
|
Section 482(repealed)
|
|
Section 483Oaths taken by persons suffering from a speech disorder or a hearing impairment
|
|
Section 484Solemn affirmation deemed equivalent to an oath
|
Title 12
Independent evidentiary proceedings
|
|
Section 485Admissibility
|
|
Section 486Competent court
|
|
Section 487Content of the petition
|
|
Sections 488 and 489(repealed)
|
|
Section 490Decision on the petition
|
|
Section 491Summons of the opponent
|
|
Section 492Taking of evidence
|
|
Section 493Use in proceedings
|
|
Section 494Unknown opponent
|
|
Section 494aPeriod for bringing proceedings in the courts
|
Chapter 2
Proceedings pursued before the local courts (Amtsgerichte)
|
|
Section 495Rules to be applied
|
|
Section 495aProceedings performed at the court’s equitably exercised discretion
|
|
Section 496Submission of written pleadings; declarations made for the record
|
|
Section 497Summonses
|
|
Section 498Service of the record of the action
|
|
Section 499Instructions
|
|
Sections 499a to 503(repealed)
|
|
Section 504Notification in the event the local court lacks jurisdiction
|
|
Section 505(repealed)
|
|
Section 506Subsequent lack of jurisdiction ratione materiae
|
|
Sections 507 to 509(repealed)
|
|
Section 510Declarations made regarding records or documents
|
|
Section 510aContent of the record
|
|
Section 510bJudgment requiring a party to take specific action
|
|
Section 510c(repealed)
|
Book 3
Appellate remedies
|
Chapter 1
Appeal
|
|
Section 511Appeal available as a remedy
|
|
Section 512Prior decisions handed down by the court of first instance
|
|
Section 513Grounds for appeal
|
|
Section 514Default judgments
|
|
Section 515Waiver of the right to appellate remedy
|
|
Section 516Withdrawal of an appeal
|
|
Section 517Time limit for filing an appeal
|
|
Section 518Time limit for filing an appeal in the event the judgment is amended
|
|
Section 519Notice of appeal
|
|
Section 520Particulars of the appeal
|
|
Section 521Service of the notice of appeal and its particulars
|
|
Section 522Review of the appeal’s admissibility; court order denying leave to appeal
|
|
Section 523Notice scheduling a hearing
|
|
Section 524Cross appeal
|
|
Section 525General procedural rules
|
|
Section 526Judge taking the decision
|
|
Section 527Judge sitting alone in preparatory proceedings
|
|
Section 528Binding effect of petitions filed in appeal proceedings
|
|
Section 529Scope of the review by the court of appeal
|
|
Section 530Delays in submitting means of challenge or of defence
|
|
Section 531Means of challenge or defence that have been dismissed; new means of challenge or defence
|
|
Section 532Objections as to a complaint being inadmissible
|
|
Section 533Modification of the suit filed; declaration as to claims being offset; counterclaims
|
|
Section 534Loss of the right to file objections
|
|
Section 535Admission of guilt before the court
|
|
Section 536Examination of a party
|
|
Section 537Provisionally enforceable judgments
|
|
Section 538Referral to a court of lower instance
|
|
Section 539Default proceedings
|
|
Section 540Content of the appellate judgment
|
|
Section 541Court records of the dispute
|
Chapter 2
Appeal on points of law
|
|
Section 542Appeal on points of law as an available remedy
|
|
Section 543Admission to appeal
|
|
Section 544Complaint against denial of leave to appeal
|
|
Section 545Grounds for an appeal on points of law
|
|
Section 546Definition of the term “violation of the law”
|
|
Section 547Absolute grounds for an appeal on points of law
|
|
Section 548Time limit for filing an appeal on points of law
|
|
Section 549Filing an appeal on points of law
|
|
Section 550Service of the notice on appeal on points of law
|
|
Section 551Reasoning provided for the appeal on points of law
|
|
Section 552Review of admissibility
|
|
Section 552aCourt order denying leave to appeal
|
|
Section 553Hearing date as determined by the court; time for entering an appearance
|
|
Section 554Cross appeal on points of law
|
|
Section 555General procedural rules
|
|
Section 556Loss of the right to file objections
|
|
Section 557Scope of the review performed upon an appeal having been filed on points of law
|
|
Section 558Provisionally enforceable judgments
|
|
Section 559Limited review of the facts as established by the courts of prior instance
|
|
Section 560Acts not open to review
|
|
Section 561Denial of leave to appeal on points of law
|
|
Section 562Reversal of the contested judgment
|
|
Section 563Referral to a court of lower instance; decision on the merits of the case by the court hearing the appeal on points of law
|
|
Section 564No reasoning for the decision in the case of objections due to irregularities in the proceedings
|
|
Section 565Rules of the appeal proceedings to be applied in appeals on points of law
|
|
Section 566Immediate appeal on points of law in lieu of an appeal on facts and law
|
Chapter 3
Complaints
|
Title 1
Complaints subject to a time limit
|
|
Section 567Complaints subject to a time limit; cross appeal under a complaint
|
|
Section 568Judge sitting alone as the court of decision
|
|
Section 569Time limit and formal requirements
|
|
Section 570Suspensive effect; interim orders
|
|
Section 571Reasoning; extinction of the exercise of a right (preclusion); exceptions from the statutory requirement to be represented by an attorney
|
|
Section 572Course of the complaint procedure
|
|
Section 573Reminder as a legal remedy
|
Title 2
Complaint on points of law
|
|
Section 574Complaint on points of law; cross appeal under a complaint on points of law
|
|
Section 575Time limit, formal requirements, and reasoning of the complaint on points of law
|
|
Section 576Grounds for filing the complaint on points of law
|
|
Section 577Review of the complaint on points of law and decision
|
Book 4
Reopening of proceedings
|
|
Section 578Types of reopening proceedings
|
|
Section 579Action for annulment
|
|
Section 580Action for retrial of the case
|
|
Section 581Special prerequisites to be met by an action for retrial of the case
|
|
Section 582Auxiliary nature of an action for retrial of the case
|
|
Section 583Prior decisions
|
|
Section 584Exclusive jurisdiction for actions for annulment and actions for retrial of the case
|
|
Section 585General procedural rules
|
|
Section 586Period for filing an action
|
|
Section 587Statement of claim
|
|
Section 588Content of the statement of claim
|
|
Section 589Review of admissibility
|
|
Section 590New hearing
|
|
Section 591Appellate remedies
|
Book 5
Proceedings on claims arising from a deed, in which solely documentary evidence is submitted, and proceedings on claims arising from a bill of exchange
|
|
Section 592Admissibility
|
|
Section 593Content of the statement of claim; records and documents
|
|
Section 594(repealed)
|
|
Section 595No countercharges; evidence
|
|
Section 596Desisting from proceedings in which plaintiffs rely entirely on documentary evidence
|
|
Section 597Dismissal of the action
|
|
Section 598Refusal to admit objections
|
|
Section 599Judgment subject to a reservation of rights
|
|
Section 600Subsequent proceedings
|
|
Section 601(repealed)
|
|
Section 602Proceedings on claims arising from a bill of exchange
|
|
Section 603Venue
|
|
Section 604Content of the statement of claim; summons period
|
|
Section 605Regulations governing the submission of evidence
|
|
Section 605aProceedings on claims asserted concerning the payment of a cheque
|
|
Sections 606 to 687(repealed)
|
Book 7
Summary proceedings for a payment order
|
|
Section 688Admissibility
|
|
Section 689Jurisdiction; automatic processing
|
|
Section 690Petition for a payment order
|
Section 691
Dismissal of the petition for a payment order
|
|
Section 692Payment order
|
|
Section 693Service of the payment order
|
|
Section 694Lodging an opposition against the payment order
|
|
Section 695Notice of opposition; copies
|
|
Section 696Proceedings upon an opposition having been lodged
|
|
Section 697Initiation of litigation
|
|
Section 698Transfer of the proceedings within the same court
|
|
Section 699Writ of execution
|
|
Section 700Protest against the writ of execution
|
|
Section 701Payment order ceases to have effect
|
|
Section 702Form of petitions and declarations
|
|
Section 703No proof of the power of attorney
|
|
Section 703aSummary proceedings for a payment order under a deed, a bill of exchange, or a cheque
|
|
Section 703bSpecial regulations for automatic processing
|
|
Section 703cForms; introduction of automatic processing
|
|
Section 703dRules where respondents have no general venue in Germany
|
Book 8
Compulsory enforcement
|
Chapter 1
General regulations
|
|
Section 704Enforceable final judgments
|
|
Section 705Formal legal validity
|
|
Section 706Certificate as to a judgment having attained legal force and certificate as to the statutory period
|
|
Section 707Temporary stay of compulsory enforcement
|
|
Section 708Provisionally enforceable judgments delivered without security being provided
|
|
Section 709Provisionally enforceable judgments delivered against security
|
|
Section 710Exceptions from the provision of security by the creditor
|
|
Section 711Authorisation to avert enforcement
|
|
Section 712Petition for protection filed by the debtor
|
|
Section 713Non-issuance of orders serving the protection of debtors
|
|
Section 714Petitions regarding the preliminary enforceability of the judgment
|
|
Section 715Return of the security
|
|
Section 716Amendment of the ruling
|
|
Section 717Effects of a judgment reversing or modifying the original judgment
|
|
Section 718Preliminary decision as to provisional enforceability
|
|
Section 719Provisional termination in the case of appellate remedies and protests having been filed
|
|
Section 720Lodgment in the event enforcement is averted
|
|
Section 720aEnforcement in the event of security having been provided
|
|
Section 721Time limit for the vacation of premises
|
|
Section 722Enforceability of foreign judgments
|
|
Section 723Judgment for enforcement
|
|
Section 724Enforceable execution copy
|
|
Section 725Court certificate of enforceability
|
|
Section 726Enforceable execution copies where payments or other actions are subject to conditions
|
|
Section 727Enforceable execution copies for and against successors in title
|
|
Section 728Enforceable execution copies for reversionary heirs or executors
|
|
Section 729Enforceable execution copies against parties taking over the property of another person and against parties acquiring firms
|
|
Section 730Hearing the debtor
|
|
Section 731Action brought for issuance of the court certificate of enforceability
|
|
Section 732Reminder serving as a legal remedy against the issuance of the court certificate of enforceability
|
|
Section 733Additional enforceable execution copies
|
|
Section 734Note recorded on the original of the judgment regarding the issuance of an execution copy
|
|
Section 735Compulsory enforcement against an association having no legal capacity
|
|
Section 736Compulsory enforcement against a partnership under the Civil Code
|
|
Section 737Compulsory enforcement in the cases of usufruct rights concerning assets or inheritance
|
|
Section 738Enforceable execution copy issued against the beneficiaries of usufruct
|
|
Section 739Presumption of custody and control in the case of compulsory enforcement against spouses and partners in a civil union
|
|
Section 740Compulsory enforcement with respect to the common marital property of both spouses
|
|
Section 741Compulsory enforcement against the common marital property of both spouses where there is a business
|
|
Section 742Enforceable execution copy in the case of marriages becoming subject to the regime of common marital property only in the course of the legal dispute
|
|
Section 743Terminated regime of common marital property
|
|
Section 744Enforceable execution copy where the regime of common marital property has been terminated
|
|
Section 744aCompulsory enforcement in the case of a community of property and assets
|
|
Section 745Compulsory enforcement in the case of the regime of common marital property continuing in force
|
|
Section 746(repealed)
|
|
Section 747Compulsory enforcement against an estate that has not been partitioned
|
|
Section 748Compulsory enforcement where an executor has been appointed
|
|
Section 749Enforceable execution copies for and against executors
|
|
Section 750Prerequisites for compulsory enforcement
|
|
Section 751Conditions for the commencement of enforcement
|
|
Section 752Provision of security in the event of partial enforcement
|
|
Section 753Enforcement by court-appointed enforcement officers
|
|
Section 754Enforcement instructions
|
|
Section 755Authorisation of the court-appointed enforcement officer
|
|
Section 756Compulsory enforcement where performance is to be made concurrently
|
|
Section 757Physical submission of the legal title and receipt note
|
|
Section 758Searches; use of force
|
|
Section 758aSearch warrant issued by a judge; enforcement at an inopportune time
|
|
Section 759Involvement of witnesses
|
|
Section 760Inspection of files; copies of files
|
|
Section 761(repealed)
|
|
Section 762Record of the hearing regarding enforcement measures
|
|
Section 763Notices and communications
|
|
Section 764Court responsible for execution
|
|
Section 765Orders issued by the execution court where performance is to be made concurrently
|
|
Section 765aProtection from execution
|
|
Section 766Reminder serving as a legal remedy against the nature and manner of compulsory enforcement
|
|
Section 767Action raising an objection to the claim being enforced
|
|
Section 768Action brought against a court certificate of enforceability
|
|
Section 769Interim orders
|
|
Section 770Interim orders set out in the judgment
|
|
Section 771Third-party proceedings instituted to prevent the execution of a judgment
|
|
Section 772Third-party proceedings instituted to prevent the execution of a judgment where the disposition of assets has been prohibited
|
|
Section 773Third-party proceedings instituted to prevent the execution of a judgment by a reversionary heir
|
|
Section 774Third-party proceedings instituted to prevent the execution of a judgment by a spouse
|
|
Section 775Termination or limitation of compulsory enforcement
|
|
Section 776Abrogation of enforcement activities
|
|
Section 777Reminder serving as a legal remedy in the event sufficient security has been provided to the creditor
|
|
Section 778Compulsory enforcement prior to acceptance of an inheritance
|
|
Section 779Continuation of compulsory enforcement following the debtor’s death
|
|
Section 780Reservation as to the limited liability of an heir for the debts of the estate
|
|
Section 781Limited liability of an heir in compulsory enforcement proceedings
|
|
Section 782Defence pleas of the heir against creditors of the estate
|
|
Section 783Defence pleas of the heir against personal creditors
|
|
Section 784Compulsory enforcement where an estate is in administration or subject to insolvency proceedings
|
|
Section 785Action brought by the heir by way of raising an objection to the claim being enforced
|
|
Section 786Action raising an objection to the claim being enforced in the case of limited liability
|
|
Section 786aLimitation of liability under the laws of the sea and the laws governing inland waterways transport
|
|
Section 787Compulsory enforcement where real estate or a ship is ownerless
|
|
Section 788Costs of compulsory enforcement
|
|
Section 789Involvement of public authorities
|
|
Section 790(repealed)
|
|
Section 791(repealed)
|
|
Section 792Issuance of records or documents to creditors
|
|
Section 793Complaint subject to a time limit
|
|
Section 794Further enforceable legal documents
|
|
Section 794aCompulsory enforcement based on a settlement reached regarding the vacation of premises
|
|
Section 795Application of the general regulations to additional, enforceable legal documents
|
|
Section 795aCompulsory enforcement based on a cost-assessment order
|
|
Section 795bDeclaration of enforceability of the court settlement
|
|
Section 796Compulsory enforcement based on writs of execution
|
|
Section 796aPrerequisites for the settlement reached among attorneys to be declared enforceable
|
|
Section 796bDeclaration of enforceability by the court hearing the case
|
|
Section 796cDeclaration of enforceability by a notary
|
|
Section 797Procedure pursued in the case of enforceable records or documents
|
|
Section 797aProcedure pursued in the case of settlements being reached before a dispute-resolution entity
|
|
Section 798Waiting period
|
|
Section 798a(repealed)
|
|
Section 799Enforceable record or document in the case of legal succession
|
|
Section 799aLiability for damages where other creditors are pursuing enforcement based on records or documents
|
|
Section 800Enforceable record or document against the respective owner of real estate
|
|
Section 800aEnforceable record or document in the case of a maritime mortgage
|
|
Section 801Legal documents enforceable under Land law
|
|
Section 802Exclusive venue
|
Title 1
(to enter into force at a future date)
|
|
Sections 802a to 802j(to enter into force at a future date)
|
|
Section 802kCentral administration of schedules of assets
|
|
Section 802l(to enter into force at a future date)
|
Chapter 2
Compulsory enforcement for monetary claims
|
Title 1
Compulsory enforcement against movable property
|
Subtitle 1
General regulations
|
|
Section 803Attachment
|
|
Section 804Security right of a creditor
|
|
Section 805Action for preferential satisfaction
|
|
Section 806No warranty where an attached object is disposed of
|
|
Section 806aNotices from the court-appointed enforcement officer and interviews
|
|
Section 806bAmicable and prompt processing
|
|
Section 807Statutory declaration in lieu of an oath
|
Subtitle 2
Compulsory enforcement against physical objects
|
|
Section 808Attachment with the debtor
|
|
Section 809Attachment with the creditor or with third parties
|
|
Section 810Attachment of unharvested fruits
|
|
Section 811Objects exempted from attachment
|
|
Section 811aAttachment with substitution
|
|
Section 811bProvisional attachment with substitution
|
|
Section 811cDomestic animals exempted from attachment
|
|
Section 811dTemporary attachment (without actual possession being taken)
|
|
Section 812Attachment of household effects
|
|
Section 813Appraisal
|
|
Section 813aDeferment of realisation
|
|
Section 813bSuspension of realisation
|
|
Section 814Sale at public auction
|
|
Section 815Attached cash
|
|
Section 816Time and place of the auction
|
|
Section 817Successful bids and delivery
|
|
Section 817aMinimum bid
|
|
Section 818Discontinuation of the auction
|
|
Section 819Effect of accepting the proceeds
|
|
Section 820(repealed)
|
|
Section 821Realisation of securities
|
|
Section 822Transfer of registered securities
|
|
Section 823Bearer instruments that are withdrawn from circulation
|
|
Section 824Realisation of fruits that have not yet been harvested
|
|
Section 825Other form of realisation
|
|
Section 826Subordinate attachment
|
|
Section 827Procedure pursued in the case of several attachments
|
Subtitle 3
Compulsory enforcement against claims and other property rights
|
|
Section 828Jurisdiction of the execution court
|
|
Section 829Attachment of a monetary claim
|
|
Section 830Attachment of a mortgage claim
|
|
Section 830aAttachment of a maritime mortgage claim
|
|
Section 831Attachment of endorsable bills
|
|
Section 832Scope of attachment in the event of ongoing emoluments
|
|
Section 833Scope of attachment in the case of earned income and service income
|
|
Section 834Debtor is not heard
|
|
Section 835Transfer of a monetary claim
|
|
Section 836Effect of the transfer
|
|
Section 837Transfer of a mortgage claim
|
|
Section 837aTransfer of a maritime mortgage claim
|
|
Section 838Objection of the debtor in the case of pledged collateral
|
|
Section 839Transfer where the debtor is authorised to avert enforcement
|
|
Section 840Obligation of the third-party debtor to make declarations
|
|
Section 841Obligation to give third-party notice
|
|
Section 842Compensation of damages for delayed recovery of claims
|
|
Section 843Waiver by the creditor having a right of lien
|
|
Section 844Other form of realisation
|
|
Section 845Notice of imminent attachment of a debt
|
|
Section 846Compulsory enforcement against claims to surrender
|
|
Section 847Claim to surrender of a movable object
|
|
Section 847aClaim to surrender of a ship
|
|
Section 848Claim to surrender of immovable property
|
|
Section 849No transfer in lieu of payment
|
|
Section 850Exemption from attachment of earned income
|
|
Section 850aEmoluments exempted from attachment
|
|
Section 850bEmoluments attachable subject to conditions
|
|
Section 850cAttachment-exempt threshold for earned income
|
|
Section 850dLiability to attachment where the debtor must comply with claims to maintenance
|
|
Section 850eComputation of attachable earned income
|
|
Section 850fModification of the amount exempted from attachment
|
|
Section 850gModification of the prerequisites for an exemption from attachment
|
|
Section 850hDisguised earned income
|
|
Section 850iExemption from attachment of other forms of remuneration
|
|
Section 850kExemption from attachment of credit balances in a bank account arising from earned income
|
|
Section 851Non-transferable claims
|
|
Section 851aExemption from attachment for farmers
|
|
Section 851bExemption from attachment in the case of rents under tenancy and lease agreements
|
|
Section 851cExemption from attachment in the case of old-age pensions
|
|
Section 851dExemption from attachment in the case of retirement assets subsidised by tax credits
|
|
Section 852Claims attachable subject to restrictions
|
|
Section 853Several attachments of a monetary claim
|
|
Section 854Several attachments of a claim to movable assets
|
|
Section 855Several attachments of a claim to immovable property
|
|
Section 855aSeveral attachments of a claim to a ship
|
|
Section 856Action brought in the case of several attachments
|
|
Section 857Compulsory enforcement against other property rights
|
|
Section 858Compulsory enforcement against a share in a ship
|
|
Section 859Attachment of shares in jointly held property
|
|
Section 860Attachment of shares to common marital property
|
|
Sections 861 and 862(repealed)
|
|
Section 863Limitations of attachment where usufruct under an inheritance is concerned
|
Title 2
Compulsory enforcement against immovable property
|
|
Section 864Subject matter of enforcements against real estate
|
|
Section 865Relationship to enforcements against movable property
|
|
Section 866Types of enforcement
|
|
Section 867Judgment creditor’s mortgage
|
|
Section 868Acquisition of the judgment creditor’s mortgage by the owner
|
|
Section 869Enforced auction and receivership
|
|
Section 870Rights equivalent to real estate
|
|
Section 870aCompulsory enforcement against a ship or a ship under construction
|
|
Section 871Reservations under Land law applying to railway operations
|
Title 3
Distribution proceedings
|
|
Section 872Prerequisites
|
|
Section 873Request made by the court responsible for the distribution of assets
|
|
Section 874Distribution plan
|
|
Section 875Determination of a hearing date by the court
|
|
Section 876Hearing for declaration and implementation
|
|
Section 877Consequences of a failure to comply with procedural rules
|
|
Section 878Action brought in support of an opposition lodged
|
|
Section 879Court competent for the action brought in support of the opposition
|
|
Section 880Content of the ruling
|
|
Section 881Default judgment
|
|
Section 882Procedure following the ruling
|
Title 4
Compulsory enforcement against legal persons under public law
|
|
Section 882aCompulsory enforcement for a monetary claim
|
Title 6
(to enter into force at a future date)
|
|
Sections 882b to 882f(to enter into force at a future date)
|
|
Section 882gIssuance of excerpts
|
|
Section 882hCompetence; structure of the list of debtors
|
Chapter 3
Compulsory enforcement serving to obtain the surrender of objects or serving to ensure that actions are taken or refrained from
|
|
Section 883Surrender of specific movable objects
|
|
Section 884Provision of a specific amount of fungible things
|
|
Section 885Surrender of plots of real estate or ships
|
|
Section 886Surrender in the case of a third party having custody and control
|
|
Section 887Actions that may be taken by others
|
|
Section 888Actions that may not be taken by others
|
|
Section 888aNo enforcement of actions where there is a duty to pay compensation
|
|
Section 889Statutory declaration in lieu of an oath pursuant to civil law
|
|
Section 890Forcing the debtor to cease and desist from actions, or to tolerate actions
|
|
Section 891Procedure; hearing of the debtor; ruling on the payment of costs
|
|
Section 892Resistance by the debtor
|
|
Section 892a(repealed)
|
|
Section 893Action brought for performance of the equivalent in money
|
|
Section 894Fiction of a declaration of intent having been made
|
|
Section 895Declaration of intent for the purpose of entering it in a register in the event of provisionally enforceable judgments
|
|
Section 896Issuance of records or documents to the creditor
|
|
Section 897Transfer of ownership; creation of charges on real property
|
|
Section 898Acquisition in good faith
|
Chapter 4
Statutory declaration in lieu of an oath; detention
|
|
Section 899Competence
|
|
Section 900Procedure of administering a statutory declaration in lieu of an oath
|
|
Section 901Issuance of a warrant for arrest
|
|
Section 902Statutory declaration in lieu of an oath made by a person under arrest
|
|
Section 903Statutory declarations in lieu of an oath made in repeated instances
|
|
Section 904Inadmissibility of the arrest
|
|
Section 905Suspension of arrest
|
|
Section 906Deferment of arrest
|
|
Sections 907 and 908(repealed)
|
|
Section 909Arrest
|
|
Section 910Notification prior to arrest
|
|
Section 911Renewed arrest following release
|
|
Section 912(repealed)
|
|
Section 913Duration of the arrest
|
|
Section 914Arrests made in repeated instances
|
|
Section 915List of debtors
|
|
Section 915aCancellation
|
|
Section 915bInformation; fiction of the cancellation having been made
|
|
Section 915cComplaint not an available remedy
|
|
Section 915dIssuance of excerpts
|
|
Section 915e Recipients of excerpts; information from excerpts; lists; data protection
|
|
Section 915fLists made available for use; data protection
|
|
Section 915gCancellations made in excerpts, lists, and records
|
|
Section 915hAuthorisation to issue statutory instruments
|
Chapter 5
Seizure and injunction
|
|
Section 916Claim to seizure
|
|
Section 917Grounds for a writ of seizure to be issued in the case of seizure against the assets of a potential debtor
|
|
Section 918Grounds for a writ of seizure to be issued in the case of a debtor being arrested in person
|
|
Section 919Court responsible for the seizure
|
|
Section 920Request for writ of seizure
|
|
Section 921Decision regarding the request for a writ of seizure
|
|
Section 922Judgment ordering seizure and order of seizure
|
|
Section 923Authorisation to avert enforcement
|
|
Section 924Opposition
|
|
Section 925Decision following an opposition having been lodged
|
|
Section 926Order as to proceedings having to be brought in the courts
|
|
Section 927Seizure set aside due to a change in circumstances
|
|
Section 928Enforcement of the seizure
|
|
Section 929Court certificate of enforceability; enforcement period
|
|
Section 930Enforcement against movable property and receivables
|
|
Section 931Enforcement against a registered ship or a registered ship under construction
|
|
Section 932Seizure lien
|
|
Section 933Enforcement of the personal arrest of a debtor
|
|
Section 934Setting aside the enforcement of the seizure
|
|
Section 935Injunction regarding the subject matter of the litigation
|
|
Section 936Application of the rules governing arrest
|
|
Section 937Competent court
|
|
Section 938Content of the injunction
|
|
Section 939Abrogation of an injunction against provision of security
|
|
Section 940Injunction serving to provide a temporary status
|
|
Section 940aVacation of residential premises
|
|
Section 941Requests for entries to be made in the land register etc.
|
|
Section 942Competence of the local court in the district of which the object is located
|
|
Section 943Court responsible for the main action
|
|
Section 944Decision of the presiding judge in urgent cases
|
|
Section 945Obligation to compensate for damages
|
|
Sections 946 to 1024(repealed)
|
Book 10
Arbitration proceedings
|
Chapter 1
General regulations
|
|
Section 1025Scope of application
|
|
Section 1026Scope of the activities that a court may pursue
|
|
Section 1027Loss of the right to file objections
|
|
Section 1028Receipt of written communications by a party whose whereabouts are unknown
|
Chapter 2
Arbitration agreement
|
|
Section 1029Definition
|
|
Section 1030Eligibility for arbitration
|
|
Section 1031Form of the arbitration agreement
|
|
Section 1032Arbitration agreement and proceedings brought before the courts
|
|
Section 1033Arbitration agreement and preliminary measures taken by the court
|
Chapter 3
Formation of the arbitral tribunal
|
|
Section 1034Composition of the arbitral tribunal
|
|
Section 1035Appointment of arbitral judges
|
|
Section 1036Recusal of an arbitral judge
|
|
Section 1037Recusal procedure
|
|
Section 1038Failure to act or impossibility of performing the tasks assigned
|
|
Section 1039Appointment of a substitute arbitral judge
|
Chapter 4
Competence of the arbitral tribunal
|
|
Section 1040Authority of the arbitral tribunal to decide on its own competence
|
|
Section 1041Measures of temporary relief
|
Chapter 5
Implementation of the arbitration proceedings
|
|
Section 1042General procedural rules
|
|
Section 1043Venue of the arbitration proceedings
|
|
Section 1044Commencement of the arbitration proceedings
|
|
Section 1045Language of the proceedings
|
|
Section 1046Request for arbitration and reply to the request for arbitration
|
|
Section 1047Hearing for oral argument; proceedings conducted in writing
|
|
Section 1048Failure by a party to comply with procedural rules
|
|
Section 1049Expert appointed by the arbitral tribunal
|
|
Section 1050Support provided by the court in taking evidence and other actions reserved for judges
|
Chapter 6
Arbitration award and conclusion of the proceedings
|
|
Section 1051Applicable laws
|
|
Section 1052Decision by a panel of arbitral judges
|
|
Section 1053Settlement
|
|
Section 1054Form and content of the arbitration award
|
|
Section 1055Effects of the arbitration award
|
|
Section 1056Termination of the arbitration proceedings
|
|
Section 1057Decision as to costs
|
|
Section 1058Correction, interpretation, and amendment of the arbitration award
|
Chapter 7
Legal remedies against the arbitration award
|
|
Section 1059Petition for reversal of an arbitration award
|
Chapter 8
Prerequisites for the recognition and enforcement of arbitration awards
|
|
Section 1060Domestic arbitration awards
|
|
Section 1061Foreign arbitration awards
|
Chapter 9
Court proceedings
|
|
Section 1062Jurisdiction
|
|
Section 1063General regulations
|
|
Section 1064Special aspects of declaring arbitration awards enforceable
|
|
Section 1065Appellate remedies
|
Chapter 10
Arbitral tribunals not governed by agreements
|
|
Section 1066Application mutatis mutandis of the provisions made in Book 10
|
Book 11
Judicial collaboration within the European Union
|
Chapter 1
Service of records or documents pursuant to Council Regulation (EC) No 1393/2007
|
|
Section 1067Service of records or documents by diplomatic or consular missions
|
|
Section 1068Service of records or documents by post
|
|
Section 1069Responsibilities
|
|
Section 1070(repealed)
|
|
Section 1071(repealed)
|
Chapter 2
Taking of evidence in accordance with Council Regulation (EC) No 1206/2001
|
|
Section 1072Taking of evidence in the Member States of the European Union
|
|
Section 1073Participation rights
|
|
Section 1074Responsibilities pursuant to Council Regulation (EC) No 1206/2001
|
|
Section 1075Language of incoming requests
|
Chapter 3
Assistance with court costs pursuant to Council Directive 2003/8/EC
|
|
Section 1076Applicable regulations
|
|
Section 1077Outgoing applications
|
|
Section 1078Incoming applications
|
Chapter 4
European enforcement orders pursuant to Council Regulation (EC) No 805/2004
|
Title 1
Certificate of domestic enforcement orders as European enforcement orders
|
|
Section 1079Competence
|
|
Section 1080Decision
|
|
Section 1081Rectification and withdrawal
|
Title 2
Compulsory enforcement under European enforcement orders in Germany
|
|
Section 1082Enforcement title
|
|
Section 1083Translation
|
|
Section 1084Applications pursuant to Articles 21 and 23 of Council Regulation (EC) No 805/2004
|
|
Section 1085Termination of compulsory enforcement
|
|
Section 1086Action raising an objection to the claim being enforced
|
Chapter 5
European order for payment procedure pursuant to Council Regulation (EC) No 1896/2006
|
Title 1
General regulations
|
|
Section 1087Competence
|
|
Section 1088Automatic processing
|
|
Section 1089Service
|
Title 2
Statement of opposition against the European payment order
|
|
Section 1090Procedure following a statement of opposition
|
|
Section 1091Initiation of dispute proceedings
|
Title 3
Review of the European payment order in exceptional cases
|
|
Section 1092Procedure
|
Title 4
Compulsory enforcement under the European payment order
|
|
Section 1093Court certificate of enforceability
|
|
Section 1094Translation
|
|
Section 1095Protection against enforcement; action raising an objection to the claim being enforced under the European payment order issued in Germany
|
|
Section 1096Applications pursuant to Articles 22 and 23 of Council Regulation (EC) No 1896/2006; action raising an objection to the claim being enforced
|
Chapter 6
European small claims procedure pursuant to Council Regulation (EC) No 861/2007
|
Title 1
Procedure serving the judicial decision of a court
|
|
Section 1097Commencement and conduct of the procedure
|
|
Section 1098Refusal to accept a record or document by reason of its language
|
|
Section 1099Counterclaim
|
|
Section 1100Oral hearing
|
|
Section 1101Taking of evidence
|
|
Section 1102Judgment
|
|
Section 1103Failure to comply with procedural rules
|
|
Section 1104Redress granted in the event the defendant failed to comply with procedural rules through no fault of his own
|
Title 2
Compulsory enforcement
|
|
Section 1105Compulsory enforcement of domestic enforcement titles
|
|
Section 1106Certificate of domestic enforcement titles
|
|
Section 1107Foreign enforcement titles
|
|
Section 1108Translation
|
|
Section 1109Applications pursuant to Articles 22 and 23 of Council Regulation (EC) No 861/2007; action raising an objection to the claim being enforced
|
|
Annex (re. section 850c)
|
