Übersetzung (außer Buch 10) durch Samson Übersetzungen GmbH, Dr. Carmen von Schöning
Übersetzung (Buch 10) betreut durch Samson Übersetzungen GmbH, Dr. Carmen von Schöning
Buch 10 der deutschen Zivilprozessordnung orientiert sich weitgehend am UNCITRAL Model Law on International Commercial Arbitration (UNCITRAL-Modellgesetz über die internationale Handelsgerichtsbarkeit). Die vorliegende englische Übersetzung überträgt den Wortlaut der deutschen ZPO-Bestimmungen, was teilweise zu Abweichungen vom Wortlaut des nur auf Englisch vorliegenden UNCITRAL-Modellgesetzes führt.
Translation (except Book 10) provided by Samson Übersetzungen GmbH, Dr. Carmen von Schöning
Translation (Book 10) looked after by Samson Übersetzungen GmbH, Dr. Carmen von Schöning
Book 10 of the German Code of Civil Procedure is largely based on the UNCITRAL Model Law on International Commercial Arbitration, of which no official translation is available. The present translation reflects the wording used in the German provisions, resulting in some differences between the wording of the translation and the wording of the UNCITRAL Model Law.
Stand: Die Übersetzung (außer Buch 10) berücksichtigt die Änderung(en) des Gesetzes durch Artikel 1 des Gesetzes vom 10. Oktober 2013 (BGBl. I S. 3786)
Der Stand der deutschsprachigen Dokumentation kann aktueller sein. Vergleichen Sie dazu bitte http://www.gesetze-im-internet.de/zpo/BJNR005330950.html.
Stand: Die Übersetzung (Buch 10) berücksichtigt die Änderung(en) des Gesetzes durch Artikel 1 des Gesetzes vom 5. Oktober 2021 (BGBl. I S. 4607)
Der Stand der deutschsprachigen Dokumentation kann aktueller sein. Vergleichen Sie dazu bitte http://www.gesetze-im-internet.de/zpo/BJNR005330950.html.
Version information: The translation (except Book 10) includes the amendment(s) to the Act by Article 1 of the Act of 10 October 2013 (Federal Law Gazette I p. 3786)
Translations may not be updated at the same time as the German legal provisions displayed on this website. To compare with the current status of the German version, see http://www.gesetze-im-internet.de/zpo/BJNR005330950.html.
Version information: The translation (Book 10) includes the amendment(s) to the Act by Article 1 of the Act of 5 October 2021 (Federal Law Gazette I, p. 4607)
Translations may not be updated at the same time as the German legal provisions displayed on this website. To compare with the current status of the German version, see http://www.gesetze-im-internet.de/zpo/BJNR005330950.html.
Zur Nutzung dieser Übersetzung lesen Sie bitte den Hinweis unter "Translations".
For conditions governing use of this translation, please see the information provided under "Translations".
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Book 1
General regulations |
Chapter 1
Courts |
Title 1
Substantive jurisdiction of the courts; regulations as to value |
| Section 1Substantive jurisdiction |
| Section 2Significance of the value |
| Section 3Assessment of the value at the sole discretion of the court |
| Section 4Computation of the value; ancillary claims |
| Section 5Plurality of claims |
| Section 6Possession; freezing of property; security right |
| Section 7Easement |
| Section 8Lease or tenancy relationship |
| Section 9Recurrent usufruct or performance |
| Section 10(repealed) |
| Section 11Binding decision as to the lack of jurisdiction |
Title 2
Venue |
| Section 12General venue; term |
| Section 13General venue of the place of residence |
| Section 14(repealed) |
| Section 15General venue of extraterritorial German citizens |
| Section 16General venue of persons without a place of residence |
| Section 17General venue of legal persons |
| Section 18General venue of the government treasury |
| Section 19Several judicial districts at the official seat of the public authority |
| Section 19aGeneral venue of the insolvency administrator |
| Section 20Specific jurisdiction of the place of abode |
| Section 21Specific jurisdiction of a place of business |
| Section 22Specific jurisdiction of a membership |
| Section 23Specific jurisdiction of assets and of an object |
| Section 23a(repealed) |
| Section 24Exclusive jurisdiction as to the subject matter (forum rei sitae) |
| 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 |
| Section 26Jurisdiction as to the subject matter (forum rei sitae) for complaints brought against a person |
| Section 27Specific jurisdiction of an inheritance |
| Section 28Extended jurisdiction of an inheritance |
| Section 29Specific jurisdiction of the place of performance |
| Section 29aExclusive jurisdiction of spaces governed by a tenancy or lease agreement |
| Section 29b(repealed) |
| Section 29cSpecific jurisdiction for doorstep sales |
| Section 30Jurisdiction for Carriage |
| Section 30aJurisdiction for claims arising from search and rescue operations |
| Section 31Specific jurisdiction for asset management |
| Section 32Specific jurisdiction for tort |
| Section 32aExclusive jurisdiction for effects on the environment |
| Section 32bExclusive jurisdiction for false or misleading public capital market disclosures, and exclusive jurisdiction in the event that such disclosures have not been made |
| Section 33Specific jurisdiction for countercharges |
| Section 34Specific jurisdiction of the main proceedings |
| Section 35Selection from among several jurisdictions |
| Section 35a(repealed) |
| Section 36Determination of jurisdiction by a court |
| Section 37Procedure by which a court determines the venue |
Title 3
Agreement as to the jurisdiction of the courts |
| Section 38Admissible agreement as to the choice of venue |
| 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) |
| Section 40Invalid and inadmissible choice of court agreement |
Title 4
Disqualification and recusal of court personnel |
| Section 41Disqualification from the exercise of judicial office |
| Section 42Recusal of a judge from a case |
| Section 43Loss of the right to recuse a judge |
| Section 44Motion to recuse a judge |
| Section 45Decision on a motion to recuse a judge |
| Section 46Decision and appellate remedies |
| Section 47Official acts that cannot be delayed |
| Section 48Self-recusal; recusal ex officio |
| Section 49Records clerks |
Chapter 2
Parties |
Title 1
Capacity to be a party to court proceedings; capacity to sue and be sued |
| Section 50Capacity to be a party to court proceedings |
| Section 51Capacity to sue and be sued; legal representation; pursuit of court proceedings |
| Section 52Scope of the capacity to sue and be sued |
| Section 53Legal disability in case of custodianship or curatorship |
| Section 53a(repealed) |
| Section 54Special authorisation to take actions in the proceedings |
| Section 55Foreigners’ capacity to sue and be sued |
| Section 56Review ex officio |
| Section 57Curator ad litem |
| Section 58Curator ad litem for ownerless real estate or unclaimed ships |
Title 2
Joinder of parties |
| Section 59Joinder of parties in communities of interest with regard to the disputed right, or where the cause is identical |
| Section 60Joinder of parties in the event of similar claims |
| Section 61Effect of a joinder of parties |
| Section 62Necessary joinder of parties |
| Section 63Pursuit of the proceedings; summonses |
Title 3
Involvement of third parties in the legal dispute |
| Section 64Third-party intervention through an action against the two parties to a pending lawsuit |
| Section 65Suspension of the main proceedings |
| Section 66Third-party intervention in support of a party to the dispute |
| Section 67Legal position of the third party intervening in support of a party to the dispute |
| Section 68Effect of the third-party intervention in support of a party to the dispute |
| Section 69Third-party intervention in support of a party to the dispute as a joinder of parties |
| Section 70Accession by the third party intervening in support of a party to the dispute |
| Section 71Interlocutory proceedings regarding the third-party intervention in support of a party to the dispute |
| Section 72Admissibility of third-party notice |
| Section 73Form of filing third-party notice |
| Section 74Effects of the third-party notice |
| Section 75Interpleader sought by the defendant |
| Section 76Laudatio auctoris in cases involving possession |
| Section 77Laudatio auctoris in cases involving impaired ownership |
Title 4
Attorneys of record and counsel |
| Section 78Proceedings in which the parties must be represented by counsel |
| Section 78a(repealed) |
| Section 78bAttorney appointed by the court in keeping with statutory requirements |
| Section 78cSelection of the attorney |
| Section 79Proceedings the parties may pursue without being represented by counsel |
| Section 80Power of attorney for proceedings |
| Section 81Scope of the power of attorney for proceedings |
| Section 82Power of attorney valid for collateral proceedings outside of the actual litigation |
| Section 83Limitation of the power of attorney for proceedings |
| Section 84Plurality of attorneys of record |
| Section 85Effect of the power of attorney for proceedings |
| Section 86Continuation in force of the power of attorney for proceedings |
| Section 87Expiry of the power of attorney |
| Section 88Lack of power of attorney |
| Section 89Representative without a power of attorney |
| Section 90Advisers |
Title 5
Costs of the proceedings |
| Section 91Principle of the obligation to bear costs; scope of this obligation |
| Section 91aCosts where the main action has been dealt with and terminated |
| Section 92Costs in the event a party prevails in part |
| Section 93Costs in the event an immediate acknowledgment is made |
| Section 93a(repealed) |
| Section 93bCosts of actions brought for the vacation of premises |
| Section 93c(repealed) |
| Section 93d(repealed) |
| Section 94Costs where claims have devolved upon others |
| Section 95Costs in the event of failure to comply with procedural rules or of fault |
| Section 96Costs of means of challenge or defence that have not met with success |
| Section 97Costs of appellate remedies |
| Section 98Costs of settling a matter |
| Section 99Contestation of rulings on the payment of costs |
| Section 100Costs as borne by joined parties |
| Section 101Costs of a third-party intervention in support of a party to the dispute |
| Section 102(repealed) |
| Section 103Basis for the assessment of costs; petition for the assessment of costs |
| Section 104Procedure for the assessment of costs |
| Section 105Simplified cost-assessment order |
| Section 106Cost allocation according to quotas |
| Section 107Change based on an assessment of the value of the claim |
Title 6
Provision of security |
| Section 108Nature and amount of the security |
| Section 109Return of the security |
| Section 110Security deposit for the costs of the proceedings |
| Section 111Retroactive demand for a security deposit for the costs of the proceedings |
| Section 112Amount of the security deposit for the costs of the proceedings |
| Section 113Determination of the deadline by which the security deposits for the costs of the proceedings are to be provided |
Title 7
Assistance with court costs; advance on the costs of litigation |
| Section 114Prerequisites |
| Section 115Use of income and assets |
| Section 116Party by virtue of an office; legal person; organisations having the capacity to be a party |
| Section 117Application |
| Section 118Approval procedure |
| Section 119Approval |
| Section 120Assessment of payments |
| Section 120aModification of approval |
| Section 121Assignment of counsel |
| Section 122Effect of assistance with court costs |
| Section 123Reimbursement of costs |
| Section 124Repeal of the approval |
| Section 125Collection of costs |
| Section 126Recovery of attorneys’ fees |
| Section 127Decisions |
| Section 127a(repealed) |
Chapter 3
Proceedings |
Title 1
Hearing for oral argument |
| Section 128Principle of oral argument; proceedings conducted in writing |
| Section 128aHearing for oral argument using image and sound transmission |
| Section 129Preparatory written pleadings |
| Section 129aPetitions and declarations filed for the record |
| Section 130Content of the written pleadings |
| Section 130aElectronic document |
| Section 130bJudicial electronic documents |
| Section 131Attachment of records or documents |
| Section 132Deadlines for written pleadings |
| Section 133Copies |
| Section 134Inspection of records or documents |
| Section 135Communication of records or documents amongst attorneys |
| Section 136Power of the presiding judge to direct the course of the proceedings |
| Section 137Course of the hearing for oral argument |
| Section 138Obligation to make declarations as to facts; obligation to tell the truth |
| Section 139Direction in substance of the course of proceedings |
| Section 140Objections raised against the direction of the course of proceedings, or against questions |
| Section 141Order that a party appear in person |
| Section 142Order to produce records or documents |
| Section 143Order to transmit files |
| Section 144Visual evidence taken on site; experts |
| Section 145Separation of proceedings |
| Section 146Limitation to individual means of challenge or defence |
| Section 147Consolidation of proceedings |
| Section 148Suspension if a decision in another matter is anticipated |
| Section 149Suspension in the event a criminal offence is suspected |
| Section 150Repeal of the separation, consolidation, or suspension of proceedings |
| Section 151(repealed) |
| Section 152Suspension in the event of a petition for annulment of a marriage |
| Section 153Suspension in the event of an action challenging paternity having been brought |
| Section 154Suspension in the event of action having been brought in a matrimonial matter, or in a matter of parental responsibility for children |
| Section 155Repeal of the suspension in the event of delays |
| Section 156Resumption of the hearing |
| Section 157Delegation of authority for the hearing |
| 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 |
| Section 159Recording the hearing |
| Section 160Content of the hearing record |
| Section 160aPreparing a preliminary record of the hearing |
| Section 161Dispensable determinations |
| Section 162Approval of the record of the hearing |
| Section 163Signature of the record of the hearing |
| Section 164Corrections of the hearing record |
| Section 165Evidentiary value of the hearing record |
Title 2
Procedure for the Service of Records or Documents |
Subtitle 1
Service ex officio |
| Section 166Service |
| Section 167Retroactive effect of the service |
| Section 168Responsibilities of the court registry |
| Section 169Confirmation of the time of service; certification |
| Section 170Service on representatives |
| Section 171Service on authorised recipients |
| Section 172Service on attorneys of record |
| Section 173Service by physical delivery at the sub-office |
| Section 174Service against return confirmation of receipt |
| Section 175Service by registered mail, return receipt requested |
| Section 176Instructions to serve records or documents |
| Section 177Place of service |
| Section 178Substituted service at the residence, at business premises, and at institutions |
| Section 179Service in the event acceptance is refused |
| Section 180Substituted service by placement in the letterbox |
| Section 181Substituted service by deposit of the records or documents |
| Section 182Record of service |
| Section 183Service abroad |
| Section 184Authorised recipients; service by mailing the records or documents |
| Section 185Service by publication |
| Section 186Approval of and implementation of service by publication |
| Section 187Publication of the notification |
| Section 188Time at which service by publication has been effected |
| Section 189Remediation of defects in the service of records or documents |
| Section 190Standard forms for the service of records or documents |
Subtitle 2
Service of records or documents at the instigation of the parties |
| Section 191Service of records or documents |
| Section 192Service of records or documents by a court-appointed enforcement officer |
| Section 193Implementation of service |
| Section 194Instructions to serve records or documents |
| Section 195Service of records or documents from one attorney on another attorney |
| Sections 195a to 213a(repealed) |
Title 3
Summonses, hearings, and periods |
| Section 214Summons to a hearing |
| Section 215Required content of a summons to a hearing for oral argument |
| Section 216Hearing dates determined by the court |
| Section 217Summons period |
| Section 218Cases in which a summons may be dispensed with |
| Section 219Venue of the hearing |
| Section 220Case called up; failure of a party to make an appearance at the hearing |
| Section 221Commencement of periods |
| Section 222Calculation of the period |
| Section 223(repealed) |
| Section 224Reduction of a period; extension of a period |
| Section 225Procedure for modifying a period |
| Section 226Reduction of interim periods |
| Section 227Changes of date for scheduled hearings |
| Section 228(repealed) |
| Section 229Judge correspondingly delegated or requested |
Title 4
Consequences of failure to take action; instruction on available legal remedies; restoration of the status quo ante |
| Section 230General consequence of failing to take action |
| Section 231No warning; procedural actions taken retroactively |
| Section 232Instruction on available legal remedies |
| Section 233Restoration of the status quo ante |
| Section 234Period for the restoration of the status quo ante |
| Section 235(repealed) |
| Section 236Petition for restoration of the status quo ante |
| Section 237Responsibility for restoration of the status quo ante |
| Section 238Procedure in the event of the status quo ante having been restored |
Title 5
Interruption and suspension of the proceedings |
| Section 239Interruption due to the death of a party |
| Section 240Interruption due to insolvency proceedings |
| Section 241Interruption due to a person coming under legal disability |
| Section 242Interruption due to reversionary succession |
| Section 243Resumption of proceedings in the case of a curator or an executor having been appointed for an estate |
| Section 244Interruption due to the loss of an attorney |
| Section 245Interruption due to suspension of the administration of law |
| Section 246Suspension in the event a party is represented by an attorney of record |
| Section 247Suspension in the event of interrupted communications |
| Section 248Procedure in the event of suspension |
| Section 249Effects of interruption and suspension |
| Section 250Form of resuming proceedings and notification |
| Section 251Stay of proceedings |
| Section 251aFailure of both parties to comply with procedural rules; decision on the basis of the record as it stands |
| Section 252Appellate remedies available in the event of proceedings being suspended |
Book 2
Procedural rules for proceedings before the courts of first instance |
Chapter 1
Proceedings before the regional courts (Landgerichte) |
Title 1
Proceedings until a judgment is entered |
| Section 253Statement of claim |
| Section 254Action by stages |
| Section 255Determination of periods in the judgment |
| Section 256Action for acknowledgment |
| Section 257Action for future payment or for the clearing of premises |
| Section 258Action for recurrent performance |
| Section 259Action brought due to concern that performance might not be made within the period set |
| Section 260Consolidation of claims |
| Section 261Pending suit |
| Section 262Other effects of the dispute being pending |
| Section 263Modification of the suit filed |
| Section 264No modification of the suit filed |
| Section 265Disposition or assignment of the object in dispute |
| Section 266Disposition of a plot of real estate |
| Section 267Presumed consent to the modification of a suit filed |
| Section 268Decision is incontestable |
| Section 269Withdrawal of legal action |
| Section 270Service; communication by simple letter |
| Section 271Service of the statement of claim |
| Section 272Determination of the form of procedure |
| Section 273Preparations for the hearing |
| Section 274Summons of the parties; time for entering an appearance |
| Section 275Advance first hearing |
| Section 276Preliminary proceedings conducted in writing |
| Section 277Statement of defence; counterplea |
| Section 278Amicable resolution of the dispute; conciliation hearing; settlement |
| Section 279Hearing for oral argument |
| Section 280Separate hearing on the admissibility of the action |
| Section 281Referral in the event the court does not have jurisdiction |
| Section 282Submissions to the court made in due time |
| Section 283Time limit for written pleadings that react to an opponent’s submissions |
| Section 283aCourt order for securitisation |
| Section 284Taking of evidence |
| Section 285Oral argument after evidence has been taken |
| Section 286Evaluation of evidence at the court’s discretion and conviction |
| Section 287Investigation and determination of damages; amount of the claim |
| Section 288Admission before the court |
| Section 289Additional statements made in an admission |
| Section 290Revocation of an admission |
| Section 291Common knowledge |
| Section 292Legal presumptions |
| Section 292a(repealed) |
| Section 293Foreign law; customary law; statutes |
| Section 294Demonstration of allegations to the satisfaction of the court |
| Section 295Objections to process |
| Section 296Refusal to accept submissions made late |
| Section 296aSubmissions made following close of the hearing |
| Section 297Form of filing petitions with the court |
| Section 298Hard copies for files |
| Section 298aElectronic file |
| Section 299Inspection of files; copies |
| Section 299aData carrier archive |
Title 2
Judgment |
| Section 300Final judgment |
| Section 301Partial judgment |
| Section 302Judgment subject to a reservation of rights |
| Section 303Interlocutory judgment |
| Section 304Interlocutory judgment as to the merits of a claim |
| Section 305Judgment subject to the proviso of liability limited by inheritance law |
| Section 305aJudgment subject to the proviso of liability limited by maritime law |
| Section 306Waiver |
| Section 307Acknowledgment |
| Section 308Binding effect of the parties’ petitions |
| Section 308aDecisions handed down in disputes between lessor and lessee without a petition being required |
| Section 309Judges entering the judgment |
| Section 310Hearing for pronouncement of the judgment |
| Section 311Form of pronouncing the judgment |
| Section 312Presence of the parties |
| Section 313Form and content of the judgment |
| Section 313aPurposeful omission of merits of the case and reasons on which a ruling is based |
| Section 313bDefault judgment, judgment based on an acknowledgment by the defendant, and judgment based on a waiver having been declared |
| Section 314Evidentiary value of the section addressing the facts and the merits of the case |
| Section 315Signature by judges |
| Section 316(repealed) |
| Section 317Service of the judgment and its execution |
| Section 318Court bound by its ruling |
| Section 319Correction of the judgment |
| Section 320Correction of the judgment’s section addressing the facts and the merits of the case |
| Section 321Amendment of the judgment |
| Section 321aRedress granted in the event a party’s right to be given an effective and fair legal hearing has been violated |
| Section 322Legal validity of the judgment in substance |
| Section 323Modification of judgments |
| Section 323aModification of settlement agreements and deeds |
| Section 323bAggravated liability |
| Section 324Action asserting supplementary claims to a security |
| Section 325Subjective legal validity |
| Section 325aLegalisation effect of the decision taken in a model case for other cases of the same nature |
| Section 326Legal validity in the event of reversionary succession |
| Section 327Legal validity in the event of a will being executed |
| Section 328Recognition of foreign judgments |
| Section 329Orders and rulings |
Title 3
Default judgment |
| Section 330Default judgment against the plaintiff |
| Section 331Default judgment against the defendant |
| Section 331aDecision taken on the basis of the record as it stands |
| Section 332Hearing scheduled for oral argument |
| Section 333Failure of the party appearing to submit oral argument |
| Section 334Incomplete oral argument |
| Section 335Inadmissibility of a default decision |
| Section 336Appellate remedies available against dismissal |
| Section 337Adjournment ex officio |
| Section 338Protest |
| Section 339Period within which a protest may be entered |
| Section 340Notice of protest |
| Section 340aService of the notice of protest |
| Section 341Review of the protest |
| Section 341aHearing for oral argument regarding the protest |
| Section 342Effects of admissible protest |
| Section 343Decision subsequent to a protest |
| Section 344Costs of the failure to comply with procedural requirements |
| Section 345Second default judgment |
| Section 346Waiver and withdrawal of protest |
| Section 347Procedure in bringing counterclaims and interlocutory proceedings |
Title 4
Procedure before a judge sitting alone |
| Section 348Judge sitting alone as the court of decision |
| Section 348aObligatory judge sitting alone |
| Section 349Presiding judge of the division for commercial matters |
| Section 350Appellate remedies |
| Sections 351 to 354(repealed) |
Title 5
General regulations on taking evidence |
| Section 355Evidence to be taken directly |
| Section 356Period within which evidence must be produced |
| Section 357Attendance of parties |
| Section 357a(repealed) |
| Section 358Necessity of issuing an order for evidence to be taken |
| Section 358aOrder for evidence to be taken and taking of evidence prior to a hearing for oral argument |
| Section 359Content of the order for evidence to be taken |
| Section 360Modification of the order for evidence to be taken |
| Section 361Evidence taken by a delegated judge charged with a task |
| Section 362Evidence taken by a requested judge |
| Section 363Evidence taken abroad |
| Section 364Cooperation and assistance by parties where evidence is taken abroad |
| Section 365Relinquishment of jurisdiction by the judge correspondingly delegated or requested |
| Section 366Interlocutory proceedings |
| Section 367Failure of a party to appear |
| Section 368New hearing for evidence to be taken |
| Section 369Taking of evidence abroad |
| Section 370Continuation of the hearing for oral argument |
Title 6
Evidence taken by visual inspection |
| Section 371Evidence taken by visual inspection |
| Section 371aEvidentiary value of electronic documents |
| Section 371b Evidentiary value of scanned public records or documents |
| Section 372Taking of evidence |
| Section 372aTesting performed to establish parentage |
Title 7
Taking of evidence by hearing witnesses |
| Section 373Offer to provide evidence |
| Section 374(repealed) |
| Section 375Taking of evidence by a judge correspondingly delegated or requested |
| Section 376Examination of persons subject to official secrecy obligations |
| Section 377Summons of a witness |
| Section 378Documents facilitating a witness’s testimony |
| Section 379Advance payment to cover expenditures |
| Section 380Consequences of a witness’s failure to appear |
| Section 381Sufficient excuse for failing to appear |
| Section 382Examination of certain witnesses at specific locations |
| Section 383Refusal to testify on personal grounds |
| Section 384Refusal to testify for factual reasons |
| Section 385Exceptions from the right to refuse testimony |
| Section 386Declaration of refusal to testify |
| Section 387Interlocutory proceedings regarding the refusal to testify |
| Section 388Interlocutory proceedings regarding a written refusal to testify |
| Section 389Refusal to testify before a judge correspondingly delegated or requested |
| Section 390Consequences of the refusal to testify |
| Section 391Placing a witness under oath |
| Section 392Oath sworn subsequently; wording of the oath |
| Section 393Examination of a witness who is not placed under oath |
| Section 394Examination of each witness individually |
| Section 395Instruction of a witness to tell the truth; personal information of the witness |
| Section 396Examination regarding the dispute |
| Section 397Right of the parties to ask questions |
| Section 398Repeated examinations; subsequent examinations |
| 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 446Refusal 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 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 691Dismissal 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 720aPrecautionary attachment |
| 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 and enforceable execution copy |
| Section 755Determining the debtor’s place of abode |
| 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 |
Chapter 2
Compulsory enforcement for monetary claims |
Title 1
General regulations |
| Section 802aPrinciples of enforcement; general powers of the court-appointed enforcement officer |
|
| Section 802bAmicable termination of the matter; deferment of enforcement in the event of a payment agreement |
| Section 802cInformation from the debtor on his assets |
| Section 802dNew information on assets |
| Section 802eCompetence |
| Section 802fProceedings for taking the information on the debtor’s assets |
| Section 802gCoercive detention |
| Section 802hInadmissibility of the execution of the arrest |
| Section 802iInformation on the assets of a debtor in arrest |
| Section 802jDuration of arrest, renewed arrest |
| Section 802kCentral administration of schedules of assets |
| Section 802lInformation rights of the court-appointed enforcement officer |
|
Title 2
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 806b(repealed) |
| Section 807Taking the information on the debtor’s financial circumstances and assets following efforts to attach assets |
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 813a(repealed) |
| Section 813b(repealed) |
| 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 829aSimplified petition for enforcement in the case of writs of execution |
| 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 833aScope of attachment in the case of credit balances on an account |
| 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 earnings |
| Section 850kAccount exempted from attachment |
| Section 850lOrder as to amounts being non-attachable that have been credited to accounts exempted from attachment |
| 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 3
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 4
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 5
Compulsory enforcement against legal persons under public law |
| Section 882aCompulsory enforcement for a monetary claim |
Title 6
List of debtors |
| Section 882b Content of the list of debtors |
| Section 882c Instructions to enter a debtor in the list of debtors |
| Section 882d Enforcement of the instructions to enter a debtor in the list of debtors |
| Section 882eCancellation |
| Section 882f Inspection of the list of debtors |
| 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 885a Limited enforcement instructions |
| 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
(repealed) |
| Sections 899 to 915h (repealed) |
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 |
| Section 945bAuthorisation to issue statutory instruments |
| Sections 946 to 1024(repealed) |
Book 10¹
Arbitral proceedings |
Division 1
General provisions |
| Section 1025Scope of application |
| Section 1026Extent of court intervention in arbitral proceedings |
| Section 1027Loss of the right to object |
| Section 1028Receipt of written communications in cases of unknown whereabouts |
Division 2
Arbitration agreement |
| Section 1029Definition |
| Section 1030Arbitrability |
| Section 1031Form of the arbitration agreement |
| Section 1032Arbitration agreement and action brought before a court |
| Section 1033Arbitration agreement and interim measures by a court |
Division 3
Formation of the arbitral tribunal |
| Section 1034Composition of the arbitral tribunal |
| Section 1035Appointment of arbitrators |
| Section 1036Challenge of an arbitrator |
| Section 1037Challenge procedure |
| Section 1038Failure or impossibility to act |
| Section 1039Appointment of a substitute arbitrator |
Division 4
Jurisdiction of the arbitral tribunal |
| Section 1040Competence of the arbitral tribunal to rule on its jurisdiction |
| Section 1041Measures of temporary relief |
Division 5
Conduct of the arbitral proceedings |
| Section 1042General rules of procedure |
| Section 1043Place of arbitration |
| Section 1044Commencement of the arbitral proceedings |
| Section 1045Language of the proceedings |
| Section 1046Statement of claim and statement of defence |
| Section 1047Hearing for oral argument; written proceedings |
| Section 1048Default of a party |
| Section 1049Expert appointed by the arbitral tribunal |
| Section 1050Court assistance in taking evidence and other judicial acts |
Division 6
Arbitral award and termination of the proceedings |
| Section 1051Applicable law |
| Section 1052Decision by a panel of arbitrators |
| Section 1053Settlement |
| Section 1054Form and content of the arbitral award |
| Section 1055Effects of the arbitral award |
| Section 1056Termination of the arbitral proceedings |
| Section 1057Decision on costs |
| Section 1058Correction, interpretation and supplementation of the arbitral award |
Division 7
Legal remedies against the arbitral award |
| Section 1059Application to have an arbitral award set aside |
Chapter 8
Prerequisites for the recognition and enforcement of arbitral awards |
| Section 1060Domestic arbitral awards |
| Section 1061Foreign arbitral awards |
Division 9
Court proceedings |
| Section 1062Competence |
| Section 1063General provisions |
| Section 1064Particularities regarding the declaration of arbitral awards as enforceable |
| Section 1065Appellate remedies |
Division 10
Arbitral tribunals not established by agreement |
| Section 1066Corresponding application of the provisions of 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) |
