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Code of Civil Procedure

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▄bersetzung (au▀er Buch 10) durch Samson ▄bersetzungen GmbH, Dr. Carmen von Sch÷ning

▄bersetzung (Buch 10) betreut durch Samson ▄bersetzungen GmbH, Dr. Carmen von Sch÷ning

Buch 10 der deutschen Zivilprozessordnung orientiert sich weitgehend am UNCITRAL Model Law on International Commercial Arbitration (UNCITRAL-Modellgesetz Řber die internationale Handelsgerichtsbarkeit). Die vorliegende englische ▄bersetzung Řbertrńgt den Wortlaut der deutschen ZPO-Bestimmungen, was teilweise zu Abweichungen vom Wortlaut des nur auf Englisch vorliegenden UNCITRAL-Modellgesetzes fŘhrt.

Translation (except Book 10) provided by Samson ▄bersetzungen GmbH, Dr. Carmen von Sch÷ning

Translation (Book 10) looked after by Samson ▄bersetzungen GmbH, Dr. Carmen von Sch÷ning

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 ▄bersetzung (au▀er Buch 10) berŘcksichtigt die ─nderung(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 ▄bersetzung (Buch 10) berŘcksichtigt die ─nderung(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 ▄bersetzung lesen Sie bitte den Hinweis unter "Translations".

For conditions governing use of this translation, please see the information provided under "Translations".

General regulations
Substantive jurisdiction of the courts; regulations as to value
Sectioná1Substantive jurisdiction
Sectioná2Significance of the value
Sectioná3Assessment of the value at the sole discretion of the court
Sectioná4Computation of the value; ancillary claims
Sectioná5Plurality of claims
Sectioná6Possession; freezing of property; security right
Sectioná8Lease or tenancy relationship
Sectioná9Recurrent usufruct or performance
Sectioná11Binding decision as to the lack of jurisdiction
Sectioná12General venue; term
Sectioná13General venue of the place of residence
Sectioná15General venue of extraterritorial German citizens
Sectioná16General venue of persons without a place of residence
Sectioná17General venue of legal persons
Sectioná18General venue of the government treasury
Sectioná19Several judicial districts at the official seat of the public authority
Sectioná19aGeneral venue of the insolvency administrator
Sectioná20Specific jurisdiction of the place of abode
Sectioná21Specific jurisdiction of a place of business
Sectioná22Specific jurisdiction of a membership
Sectioná23Specific jurisdiction of assets and of an object
Sectioná24Exclusive jurisdiction as to the subject matter (forum rei sitae)
Sectioná25Jurisdiction as to the subject matter (forum rei sitae) in light of the matter’s connection with the various facts and their overall context
Sectioná26Jurisdiction as to the subject matter (forum rei sitae) for complaints brought against a person
Sectioná27Specific jurisdiction of an inheritance
Sectioná28Extended jurisdiction of an inheritance
Sectioná29Specific jurisdiction of the place of performance
Sectioná29aExclusive jurisdiction of spaces governed by a tenancy or lease agreement
Sectioná29cSpecific jurisdiction for doorstep sales
Sectioná30Jurisdiction for Carriage
Sectioná30aJurisdiction for claims arising from search and rescue operations
Sectioná31Specific jurisdiction for asset management
Sectioná32Specific jurisdiction for tort
Sectioná32aExclusive jurisdiction for effects on the environment
Sectioná32bExclusive jurisdiction for false or misleading public capital market disclosures, and exclusive jurisdiction in the event that such disclosures have not been made
Sectioná33Specific jurisdiction for countercharges
Sectioná34Specific jurisdiction of the main proceedings
Sectioná35Selection from among several jurisdictions
Sectioná36Determination of jurisdiction by a court
Sectioná37Procedure by which a court determines the venue
Agreement as to the jurisdiction of the courts
Sectioná38Admissible agreement as to the choice of venue
Sectioná39Competence of a court as a result of a party having participated in court proceedings without objecting to the court’s lack of jurisdiction (rŘgelose Verhandlung)
Sectioná40Invalid and inadmissible choice of court agreement
Disqualification and recusal of court personnel
Sectioná41Disqualification from the exercise of judicial office
Sectioná42Recusal of a judge from a case
Sectioná43Loss of the right to recuse a judge
Sectioná44Motion to recuse a judge
Sectioná45Decision on a motion to recuse a judge
Sectioná46Decision and appellate remedies
Sectioná47Official acts that cannot be delayed
Sectioná48Self-recusal; recusal ex officio
Sectioná49Records clerks
Capacity to be a party to court proceedings; capacity to sue and be sued
Sectioná50Capacity to be a party to court proceedings
Sectioná51Capacity to sue and be sued; legal representation; pursuit of court proceedings
Sectioná52Scope of the capacity to sue and be sued
Sectioná53Legal disability in case of custodianship or curatorship
Sectioná54Special authorisation to take actions in the proceedings
Sectioná55Foreigners’ capacity to sue and be sued
Sectioná56Review ex officio
Sectioná57Curator ad litem
Sectioná58Curator ad litem for ownerless real estate or unclaimed ships
Joinder of parties
Sectioná59Joinder of parties in communities of interest with regard to the disputed right, or where the cause is identical
Sectioná60Joinder of parties in the event of similar claims
Sectioná61Effect of a joinder of parties
Sectioná62Necessary joinder of parties
Sectioná63Pursuit of the proceedings; summonses
Involvement of third parties in the legal dispute
Sectioná64Third-party intervention through an action against the two parties to a pending lawsuit
Sectioná65Suspension of the main proceedings
Sectioná66Third-party intervention in support of a party to the dispute
Sectioná67Legal position of the third party intervening in support of a party to the dispute
Sectioná68Effect of the third-party intervention in support of a party to the dispute
Sectioná69Third-party intervention in support of a party to the dispute as a joinder of parties
Sectioná70Accession by the third party intervening in support of a party to the dispute
Sectioná71Interlocutory proceedings regarding the third-party intervention in support of a party to the dispute
Sectioná72Admissibility of third-party notice
Sectioná73Form of filing third-party notice
Sectioná74Effects of the third-party notice
Sectioná75Interpleader sought by the defendant
Sectioná76Laudatio auctoris in cases involving possession
Sectioná77Laudatio auctoris in cases involving impaired ownership
Attorneys of record and counsel
Sectioná78Proceedings in which the parties must be represented by counsel
Sectioná78bAttorney appointed by the court in keeping with statutory requirements
Sectioná78cSelection of the attorney
Sectioná79Proceedings the parties may pursue without being represented by counsel
Sectioná80Power of attorney for proceedings
Sectioná81Scope of the power of attorney for proceedings
Sectioná82Power of attorney valid for collateral proceedings outside of the actual litigation
Sectioná83Limitation of the power of attorney for proceedings
Sectioná84Plurality of attorneys of record
Sectioná85Effect of the power of attorney for proceedings
Sectioná86Continuation in force of the power of attorney for proceedings
Sectioná87Expiry of the power of attorney
Sectioná88Lack of power of attorney
Sectioná89Representative without a power of attorney
Costs of the proceedings
Sectioná91Principle of the obligation to bear costs; scope of this obligation
Sectioná91aCosts where the main action has been dealt with and terminated
Sectioná92Costs in the event a party prevails in part
Sectioná93Costs in the event an immediate acknowledgment is made
Sectioná93bCosts of actions brought for the vacation of premises
Sectioná94Costs where claims have devolved upon others
Sectioná95Costs in the event of failure to comply with procedural rules or of fault
Sectioná96Costs of means of challenge or defence that have not met with success
Sectioná97Costs of appellate remedies
Sectioná98Costs of settling a matter
Sectioná99Contestation of rulings on the payment of costs
Sectioná100Costs as borne by joined parties
Sectioná101Costs of a third-party intervention in support of a party to the dispute
Sectioná103Basis for the assessment of costs; petition for the assessment of costs
Sectioná104Procedure for the assessment of costs
Sectioná105Simplified cost-assessment order
Sectioná106Cost allocation according to quotas
Sectioná107Change based on an assessment of the value of the claim
Provision of security
Sectioná108Nature and amount of the security
Sectioná109Return of the security
Sectioná110Security deposit for the costs of the proceedings
Sectioná111Retroactive demand for a security deposit for the costs of the proceedings
Sectioná112Amount of the security deposit for the costs of the proceedings
Sectioná113Determination of the deadline by which the security deposits for the costs of the proceedings are to be provided
Assistance with court costs; advance on the costs of litigation
Sectioná115Use of income and assets
Sectioná116Party by virtue of an office; legal person; organisations having the capacity to be a party
Sectioná118Approval procedure
Sectioná120Assessment of payments
Sectioná120aModification of approval
Sectioná121Assignment of counsel
Sectioná122Effect of assistance with court costs
Sectioná123Reimbursement of costs
Sectioná124Repeal of the approval
Sectioná125Collection of costs
Sectioná126Recovery of attorneys’ fees
Hearing for oral argument
Sectioná128Principle of oral argument; proceedings conducted in writing
Sectioná128aHearing for oral argument using image and sound transmission
Sectioná129Preparatory written pleadings
Sectioná129aPetitions and declarations filed for the record
Sectioná130Content of the written pleadings
Sectioná130aElectronic document
Sectioná130bJudicial electronic documents
Sectioná131Attachment of records or documents
Sectioná132Deadlines for written pleadings
Sectioná134Inspection of records or documents
Sectioná135Communication of records or documents amongst attorneys
Sectioná136Power of the presiding judge to direct the course of the proceedings
Sectioná137Course of the hearing for oral argument
Sectioná138Obligation to make declarations as to facts; obligation to tell the truth
Sectioná139Direction in substance of the course of proceedings
Sectioná140Objections raised against the direction of the course of proceedings, or against questions
Sectioná141Order that a party appear in person
Sectioná142Order to produce records or documents
Sectioná143Order to transmit files
Sectioná144Visual evidence taken on site; experts
Sectioná145Separation of proceedings
Sectioná146Limitation to individual means of challenge or defence
Sectioná147Consolidation of proceedings
Sectioná148Suspension if a decision in another matter is anticipated
Sectioná149Suspension in the event a criminal offence is suspected
Sectioná150Repeal of the separation, consolidation, or suspension of proceedings
Sectioná152Suspension in the event of a petition for annulment of a marriage
Sectioná153Suspension in the event of an action challenging paternity having been brought
Sectioná154Suspension in the event of action having been brought in a matrimonial matter, or in a matter of parental responsibility for children
Sectioná155Repeal of the suspension in the event of delays
Sectioná156Resumption of the hearing
Sectioná157Delegation of authority for the hearing
Sectioná158Removal from the hearing as the result of a court order issued as part of the court’s direction of the course of proceedings
Sectioná159Recording the hearing
Sectioná160Content of the hearing record
Sectioná160aPreparing a preliminary record of the hearing
Sectioná161Dispensable determinations
Sectioná162Approval of the record of the hearing
Sectioná163Signature of the record of the hearing
Sectioná164Corrections of the hearing record
Sectioná165Evidentiary value of the hearing record
Procedure for the Service of Records or Documents
Service ex officio
Sectioná167Retroactive effect of the service
Sectioná168Responsibilities of the court registry
Sectioná169Confirmation of the time of service; certification
Sectioná170Service on representatives
Sectioná171Service on authorised recipients
Sectioná172Service on attorneys of record
Sectioná173Service by physical delivery at the sub-office
Sectioná174Service against return confirmation of receipt
Sectioná175Service by registered mail, return receipt requested
Sectioná176Instructions to serve records or documents
Sectioná177Place of service
Sectioná178Substituted service at the residence, at business premises, and at institutions
Sectioná179Service in the event acceptance is refused
Sectioná180Substituted service by placement in the letterbox
Sectioná181Substituted service by deposit of the records or documents
Sectioná182Record of service
Sectioná183Service abroad
Sectioná184Authorised recipients; service by mailing the records or documents
Sectioná185Service by publication
Sectioná186Approval of and implementation of service by publication
Sectioná187Publication of the notification
Sectioná188Time at which service by publication has been effected
Sectioná189Remediation of defects in the service of records or documents
Sectioná190Standard forms for the service of records or documents
Service of records or documents at the instigation of the parties
Sectioná191Service of records or documents
Sectioná192Service of records or documents by a court-appointed enforcement officer
Sectioná193Implementation of service
Sectioná194Instructions to serve records or documents
Sectioná195Service of records or documents from one attorney on another attorney
Sectionsá195a toá213a(repealed)
Summonses, hearings, and periods
Sectioná214Summons to a hearing
Sectioná215Required content of a summons to a hearing for oral argument
Sectioná216Hearing dates determined by the court
Sectioná217Summons period
Sectioná218Cases in which a summons may be dispensed with
Sectioná219Venue of the hearing
Sectioná220Case called up; failure of a party to make an appearance at the hearing
Sectioná221Commencement of periods
Sectioná222Calculation of the period
Sectioná224Reduction of a period; extension of a period
Sectioná225Procedure for modifying a period
Sectioná226Reduction of interim periods
Sectioná227Changes of date for scheduled hearings
Sectioná229Judge correspondingly delegated or requested
Consequences of failure to take action; instruction on available legal remedies; restoration of the status quo ante
Sectioná230General consequence of failing to take action
Sectioná231No warning; procedural actions taken retroactively
Sectioná232Instruction on available legal remedies
Sectioná233Restoration of the status quo ante
Sectioná234Period for the restoration of the status quo ante
Sectioná236Petition for restoration of the status quo ante
Sectioná237Responsibility for restoration of the status quo ante
Sectioná238Procedure in the event of the status quo ante having been restored
Interruption and suspension of the proceedings
Sectioná239Interruption due to the death of a party
Sectioná240Interruption due to insolvency proceedings
Sectioná241Interruption due to a person coming under legal disability
Sectioná242Interruption due to reversionary succession
Sectioná243Resumption of proceedings in the case of a curator or an executor having been appointed for an estate
Sectioná244Interruption due to the loss of an attorney
Sectioná245Interruption due to suspension of the administration of law
Sectioná246Suspension in the event a party is represented by an attorney of record
Sectioná247Suspension in the event of interrupted communications
Sectioná248Procedure in the event of suspension
Sectioná249Effects of interruption and suspension
Sectioná250Form of resuming proceedings and notification
Sectioná251Stay of proceedings
Sectioná251aFailure of both parties to comply with procedural rules; decision on the basis of the record as it stands
Sectioná252Appellate remedies available in the event of proceedings being suspended
Procedural rules for proceedings before the courts of first instance
Proceedings before the regional courts (Landgerichte)
Proceedings until a judgment is entered
Sectioná253Statement of claim
Sectioná254Action by stages
Sectioná255Determination of periods in the judgment
Sectioná256Action for acknowledgment
Sectioná257Action for future payment or for the clearing of premises
Sectioná258Action for recurrent performance
Sectioná259Action brought due to concern that performance might not be made within the period set
Sectioná260Consolidation of claims
Sectioná261Pending suit
Sectioná262Other effects of the dispute being pending
Sectioná263Modification of the suit filed
Sectioná264No modification of the suit filed
Sectioná265Disposition or assignment of the object in dispute
Sectioná266Disposition of a plot of real estate
Sectioná267Presumed consent to the modification of a suit filed
Sectioná268Decision is incontestable
Sectioná269Withdrawal of legal action
Sectioná270Service; communication by simple letter
Sectioná271Service of the statement of claim
Sectioná272Determination of the form of procedure
Sectioná273Preparations for the hearing
Sectioná274Summons of the parties; time for entering an appearance
Sectioná275Advance first hearing
Sectioná276Preliminary proceedings conducted in writing
Sectioná277Statement of defence; counterplea
Sectioná278Amicable resolution of the dispute; conciliation hearing; settlement
Sectioná279Hearing for oral argument
Sectioná280Separate hearing on the admissibility of the action
Sectioná281Referral in the event the court does not have jurisdiction
Sectioná282Submissions to the court made in due time
Sectioná283Time limit for written pleadings that react to an opponent’s submissions
Sectioná283aCourt order for securitisation
Sectioná284Taking of evidence
Sectioná285Oral argument after evidence has been taken
Sectioná286Evaluation of evidence at the court’s discretion and conviction
Sectioná287Investigation and determination of damages; amount of the claim
Sectioná288Admission before the court
Sectioná289Additional statements made in an admission
Sectioná290Revocation of an admission
Sectioná291Common knowledge
Sectioná292Legal presumptions
Sectioná293Foreign law; customary law; statutes
Sectioná294Demonstration of allegations to the satisfaction of the court
Sectioná295Objections to process
Sectioná296Refusal to accept submissions made late
Sectioná296aSubmissions made following close of the hearing
Sectioná297Form of filing petitions with the court
Sectioná298Hard copies for files
Sectioná298aElectronic file
Sectioná299Inspection of files; copies
Sectioná299aData carrier archive
Sectioná300Final judgment
Sectioná301Partial judgment
Sectioná302Judgment subject to a reservation of rights
Sectioná303Interlocutory judgment
Sectioná304Interlocutory judgment as to the merits of a claim
Sectioná305Judgment subject to the proviso of liability limited by inheritance law
Sectioná305aJudgment subject to the proviso of liability limited by maritime law
Sectioná308Binding effect of the parties’ petitions
Sectioná308aDecisions handed down in disputes between lessor and lessee without a petition being required
Sectioná309Judges entering the judgment
Sectioná310Hearing for pronouncement of the judgment
Sectioná311Form of pronouncing the judgment
Sectioná312Presence of the parties
Sectioná313Form and content of the judgment
Sectioná313aPurposeful omission of merits of the case and reasons on which a ruling is based
Sectioná313bDefault judgment, judgment based on an acknowledgment by the defendant, and judgment based on a waiver having been declared
Sectioná314Evidentiary value of the section addressing the facts and the merits of the case
Sectioná315Signature by judges
Sectioná317Service of the judgment and its execution
Sectioná318Court bound by its ruling
Sectioná319Correction of the judgment
Sectioná320Correction of the judgment’s section addressing the facts and the merits of the case
Sectioná321Amendment of the judgment
Sectioná321aRedress granted in the event a party’s right to be given an effective and fair legal hearing has been violated
Sectioná322Legal validity of the judgment in substance
Sectioná323Modification of judgments
Sectioná323aModification of settlement agreements and deeds
Sectioná323bAggravated liability
Sectioná324Action asserting supplementary claims to a security
Sectioná325Subjective legal validity
Sectioná325aLegalisation effect of the decision taken in a model case for other cases of the same nature
Sectioná326Legal validity in the event of reversionary succession
Sectioná327Legal validity in the event of a will being executed
Sectioná328Recognition of foreign judgments
Sectioná329Orders and rulings
Default judgment
Sectioná330Default judgment against the plaintiff
Sectioná331Default judgment against the defendant
Sectioná331aDecision taken on the basis of the record as it stands
Sectioná332Hearing scheduled for oral argument
Sectioná333Failure of the party appearing to submit oral argument
Sectioná334Incomplete oral argument
Sectioná335Inadmissibility of a default decision
Sectioná336Appellate remedies available against dismissal
Sectioná337Adjournment ex officio
Sectioná339Period within which a protest may be entered
Sectioná340Notice of protest
Sectioná340aService of the notice of protest
Sectioná341Review of the protest
Sectioná341aHearing for oral argument regarding the protest
Sectioná342Effects of admissible protest
Sectioná343Decision subsequent to a protest
Sectioná344Costs of the failure to comply with procedural requirements
Sectioná345Second default judgment
Sectioná346Waiver and withdrawal of protest
Sectioná347Procedure in bringing counterclaims and interlocutory proceedings
Procedure before a judge sitting alone
Sectioná348Judge sitting alone as the court of decision
Sectioná348aObligatory judge sitting alone
Sectioná349Presiding judge of the division for commercial matters
Sectioná350Appellate remedies
Sectionsá351 toá354(repealed)
General regulations on taking evidence
Sectioná355Evidence to be taken directly
Sectioná356Period within which evidence must be produced
Sectioná357Attendance of parties
Sectioná358Necessity of issuing an order for evidence to be taken
Sectioná358aOrder for evidence to be taken and taking of evidence prior to a hearing for oral argument
Sectioná359Content of the order for evidence to be taken
Sectioná360Modification of the order for evidence to be taken
Sectioná361Evidence taken by a delegated judge charged with a task
Sectioná362Evidence taken by a requested judge
Sectioná363Evidence taken abroad
Sectioná364Cooperation and assistance by parties where evidence is taken abroad
Sectioná365Relinquishment of jurisdiction by the judge correspondingly delegated or requested
Sectioná366Interlocutory proceedings
Sectioná367Failure of a party to appear
Sectioná368New hearing for evidence to be taken
Sectioná369Taking of evidence abroad
Sectioná370Continuation of the hearing for oral argument
Evidence taken by visual inspection
Sectioná371Evidence taken by visual inspection
Sectioná371aEvidentiary value of electronic documents
Section 371b Evidentiary value of scanned public records or documents
Sectioná372Taking of evidence
Sectioná372aTesting performed to establish parentage
Taking of evidence by hearing witnesses
Sectioná373Offer to provide evidence
Sectioná375Taking of evidence by a judge correspondingly delegated or requested
Sectioná376Examination of persons subject to official secrecy obligations
Sectioná377Summons of a witness
Sectioná378Documents facilitating a witness’s testimony
Sectioná379Advance payment to cover expenditures
Sectioná380Consequences of a witness’s failure to appear
Sectioná381Sufficient excuse for failing to appear
Sectioná382Examination of certain witnesses at specific locations
Sectioná383Refusal to testify on personal grounds
Sectioná384Refusal to testify for factual reasons
Sectioná385Exceptions from the right to refuse testimony
Sectioná386Declaration of refusal to testify
Sectioná387Interlocutory proceedings regarding the refusal to testify
Sectioná388Interlocutory proceedings regarding a written refusal to testify
Sectioná389Refusal to testify before a judge correspondingly delegated or requested
Sectioná390Consequences of the refusal to testify
Sectioná391Placing a witness under oath
Sectioná392Oath sworn subsequently; wording of the oath
Sectioná393Examination of a witness who is not placed under oath
Sectioná394Examination of each witness individually
Sectioná395Instruction of a witness to tell the truth; personal information of the witness
Sectioná396Examination regarding the dispute
Sectioná397Right of the parties to ask questions
Sectioná398Repeated examinations; subsequent examinations
Sectioná399Waiver of a witness’s examination
Sectioná400Authorisation of the judge charged with taking evidence
Sectioná401Compensation of witnesses
Evidence provided by experts
Sectioná402Applicability of the rules for witnesses
Sectioná403Offer to provide evidence
Sectioná404Selection of the expert
Sectioná404aDirections by the court as regards the expert’s activities
Sectioná405Selection of the judge charged with taking evidence
Sectioná406Rejection of an expert
Sectioná407Obligation to submit a report
Sectioná407aOther obligations of the expert
Sectioná408Right to refuse to prepare a report
Sectioná409Consequences of the failure to appear or of the refusal to submit a report
Sectioná410Placing the expert under oath
Sectioná411Written report
Sectioná411aUse of expert reports prepared in other proceedings
Sectioná412New report
Sectioná413Remuneration of the expert
Sectioná414Expert witnesses
Evidence provided by records and documents
Sectioná415Evidentiary value of public records and documents regarding declarations
Sectioná416Evidentiary value of private records and documents
Sectioná416aEvidentiary value of the hard-copy printout of a public electronic document
Sectioná417Evidentiary value of public records and documents regarding a directive, ruling or decision issued by an authority
Sectioná418Evidentiary value of public records and documents with other content
Sectioná419Evidentiary value of flawed records and documents
Sectioná420Production by the party tendering evidence; offer to provide evidence
Sectioná421Production by the opponent; offer to provide evidence
Sectioná422Opponent’s obligation under civil law to produce a record or document
Sectioná423Opponent’s obligation to produce a record or document in the event of reference being made to same
Sectioná424Petition in the event the record or document is to be produced by the opponent
Sectioná425Order that the opponent produce the record or document
Sectioná426Examination of the opponent regarding the whereabouts of the record or document
Sectioná427Consequences of the opponent failing to produce the record or document
Sectioná428Production by third parties; offer to provide evidence
Sectioná429Obligation of third parties to produce a record or document
Sectioná430Petition for the record or document to be produced by a third party
Sectioná431Period set for the third party to produce the record or document
Sectioná432Production of records or documents by public authorities or civil servants; offer to provide evidence
Sectioná434Production of records or documents to judges correspondingly delegated or requested
Sectioná435Production of public records and documents as originals or as certified copies
Sectioná436Waiver following the production of a record or document
Sectioná437Authenticity of German public records and documents
Sectioná438Authenticity of foreign public records and documents
Sectioná439Declaration as to the authenticity of private records and documents
Sectioná440Evidence of the authenticity of private records and documents
Sectioná441Handwriting comparison
Sectioná442Evaluation of the handwriting comparison
Sectioná443Safekeeping of suspicious records or documents
Sectioná444Consequences of the removal of a record or document
Evidence provided by examination of a party
Sectioná445Examination of the opponent; offer to provide evidence
Sectioná446Refusal by the opponent to be examined
Sectioná447Examination, upon corresponding application being made, of the party upon whom it is incumbent to provide evidence
Sectioná448Ex officio examination
Sectioná449Examination of joined parties
Sectioná450Court order for evidence to be taken
Sectioná451Actual examination
Sectioná452Placing a party under oath
Sectioná453Evaluation of the evidence obtained in examining a party
Sectioná454Failure of the party to appear
Sectioná455Persons under a legal disability
Sectionsá456 toá477(repealed)
Administration of oaths and affirmations
Sectioná478Oath taken in person
Sectioná479Oath taken before the judge correspondingly delegated or requested
Sectioná480Cautionary remarks regarding the oath to be sworn
Sectioná481Taking of the oath; wording of the oath
Sectioná483Oaths taken by persons suffering from a speech disorder or a hearing impairment
Sectioná484Solemn affirmation deemed equivalent to an oath
Independent evidentiary proceedings
Sectioná487Content of the petition
Sectionsá488 andá489(repealed)
Sectioná490Decision on the petition
Sectioná491Summons of the opponent
Sectioná492Taking of evidence
Sectioná493Use in proceedings
Sectioná494Unknown opponent
Sectioná494aPeriod for bringing proceedings in the courts
Proceedings pursued before the local courts (Amtsgerichte)
Sectioná495Rules to be applied
Sectioná495aProceedings performed at the court’s equitably exercised discretion
Sectioná496Submission of written pleadings; declarations made for the record
Sectioná498Service of the record of the action
Sectionsá499a toá503(repealed)
Sectioná504Notification in the event the local court lacks jurisdiction
Sectioná506Subsequent lack of jurisdiction ratione materiae
Sectionsá507 toá509(repealed)
Sectioná510Declarations made regarding records or documents
Sectioná510aContent of the record
Sectioná510bJudgment requiring a party to take specific action
Appellate remedies
Sectioná511Appeal available as a remedy
Sectioná512Prior decisions handed down by the court of first instance
Sectioná513Grounds for appeal
Sectioná514Default judgments
Sectioná515Waiver of the right to appellate remedy
Sectioná516Withdrawal of an appeal
Sectioná517Time limit for filing an appeal
Sectioná518Time limit for filing an appeal in the event the judgment is amended
Sectioná519Notice of appeal
Sectioná520Particulars of the appeal
Sectioná521Service of the notice of appeal and its particulars
Sectioná522Review of the appeal’s admissibility; court order denying leave to appeal
Sectioná523Notice scheduling a hearing
Sectioná524Cross appeal
Sectioná525General procedural rules
Sectioná526Judge taking the decision
Sectioná527Judge sitting alone in preparatory proceedings
Sectioná528Binding effect of petitions filed in appeal proceedings
Sectioná529Scope of the review by the court of appeal
Sectioná530Delays in submitting means of challenge or of defence
Sectioná531Means of challenge or defence that have been dismissed; new means of challenge or defence
Sectioná532Objections as to a complaint being inadmissible
Sectioná533Modification of the suit filed; declaration as to claims being offset; counterclaims
Sectioná534Loss of the right to file objections
Sectioná535Admission of guilt before the court
Sectioná536Examination of a party
Sectioná537Provisionally enforceable judgments
Sectioná538Referral to a court of lower instance
Sectioná539Default proceedings
Sectioná540Content of the appellate judgment
Sectioná541Court records of the dispute
Appeal on points of law
Sectioná542Appeal on points of law as an available remedy
Sectioná543Admission to appeal
Sectioná544Complaint against denial of leave to appeal
Sectioná545Grounds for an appeal on points of law
Sectioná546Definition of the term “violation of the law”
Sectioná547Absolute grounds for an appeal on points of law
Sectioná548Time limit for filing an appeal on points of law
Sectioná549Filing an appeal on points of law
Sectioná550Service of the notice on appeal on points of law
Sectioná551Reasoning provided for the appeal on points of law
Sectioná552Review of admissibility
Sectioná552aCourt order denying leave to appeal
Sectioná553Hearing date as determined by the court; time for entering an appearance
Sectioná554Cross appeal on points of law
Sectioná555General procedural rules
Sectioná556Loss of the right to file objections
Sectioná557Scope of the review performed upon an appeal having been filed on points of law
Sectioná558Provisionally enforceable judgments
Sectioná559Limited review of the facts as established by the courts of prior instance
Sectioná560Acts not open to review
Sectioná561Denial of leave to appeal on points of law
Sectioná562Reversal of the contested judgment
Sectioná563Referral to a court of lower instance; decision on the merits of the case by the court hearing the appeal on points of law
Sectioná564No reasoning for the decision in the case of objections due to irregularities in the proceedings
Sectioná565Rules of the appeal proceedings to be applied in appeals on points of law
Sectioná566Immediate appeal on points of law in lieu of an appeal on facts and law
Complaints subject to a time limit
Sectioná567Complaints subject to a time limit; cross appeal under a complaint
Sectioná568Judge sitting alone as the court of decision
Sectioná569Time limit and formal requirements
Sectioná570Suspensive effect; interim orders
Sectioná571Reasoning; extinction of the exercise of a right (preclusion); exceptions from the statutory requirement to be represented by an attorney
Sectioná572Course of the complaint procedure
Section 573Reminder as a legal remedy
Complaint on points of law
Sectioná574Complaint on points of law; cross appeal under a complaint on points of law
Sectioná575Time limit, formal requirements, and reasoning of the complaint on points of law
Sectioná576Grounds for filing the complaint on points of law
Sectioná577Review of the complaint on points of law and decision
Reopening of proceedings
Sectioná578Types of reopening proceedings
Sectioná579Action for annulment
Sectioná580Action for retrial of the case
Sectioná581Special prerequisites to be met by an action for retrial of the case
Sectioná582Auxiliary nature of an action for retrial of the case
Sectioná583Prior decisions
Sectioná584Exclusive jurisdiction for actions for annulment and actions for retrial of the case
Sectioná585General procedural rules
Sectioná586Period for filing an action
Sectioná587Statement of claim
Sectioná588Content of the statement of claim
Sectioná589Review of admissibility
Sectioná590New hearing
Sectioná591Appellate remedies
Proceedings on claims arising from a deed, in which solely documentary evidence is submitted, and proceedings on claims arising from a bill of exchange
Sectioná593Content of the statement of claim; records and documents
Sectioná595No countercharges; evidence
Sectioná596Desisting from proceedings in which plaintiffs rely entirely on documentary evidence
Sectioná597Dismissal of the action
Sectioná598Refusal to admit objections
Sectioná599Judgment subject to a reservation of rights
Sectioná600Subsequent proceedings
Sectioná602Proceedings on claims arising from a bill of exchange
Sectioná604Content of the statement of claim; summons period
Sectioná605Regulations governing the submission of evidence
Sectioná605aProceedings on claims asserted concerning the payment of a cheque
Sectionsá606 toá687(repealed)
Summary proceedings for a payment order
Sectioná689Jurisdiction; automatic processing
Sectioná690Petition for a payment order
Sectioná691Dismissal of the petition for a payment order
Sectioná692Payment order
Sectioná693Service of the payment order
Sectioná694Lodging an opposition against the payment order
Sectioná695Notice of opposition; copies
Sectioná696Proceedings upon an opposition having been lodged
Sectioná697Initiation of litigation
Sectioná698Transfer of the proceedings within the same court
Sectioná699Writ of execution
Sectioná700Protest against the writ of execution
Sectioná701Payment order ceases to have effect
Sectioná702Form of petitions and declarations
Sectioná703No proof of the power of attorney
Sectioná703aSummary proceedings for a payment order under a deed, a bill of exchange, or a cheque
Sectioná703bSpecial regulations for automatic processing
Sectioná703cForms; introduction of automatic processing
Sectioná703dRules where respondents have no general venue in Germany
Compulsory enforcement
General regulations
Sectioná704Enforceable final judgments
Sectioná705Formal legal validity
Sectioná706Certificate as to a judgment having attained legal force and certificate as to the statutory period
Sectioná707Temporary stay of compulsory enforcement
Sectioná708Provisionally enforceable judgments delivered without security being provided
Sectioná709Provisionally enforceable judgments delivered against security
Sectioná710Exceptions from the provision of security by the creditor
Sectioná711Authorisation to avert enforcement
Sectioná712Petition for protection filed by the debtor
Sectioná713Non-issuance of orders serving the protection of debtors
Sectioná714Petitions regarding the preliminary enforceability of the judgment
Sectioná715Return of the security
Sectioná716Amendment of the ruling
Sectioná717Effects of a judgment reversing or modifying the original judgment
Sectioná718Preliminary decision as to provisional enforceability
Sectioná719Provisional termination in the case of appellate remedies and protests having been filed
Sectioná720Lodgment in the event enforcement is averted
Sectioná720aPrecautionary attachment
Sectioná721Time limit for the vacation of premises
Sectioná722Enforceability of foreign judgments
Sectioná723Judgment for enforcement
Sectioná724Enforceable execution copy
Sectioná725Court certificate of enforceability
Sectioná726Enforceable execution copies where payments or other actions are subject to conditions
Sectioná727Enforceable execution copies for and against successors in title
Sectioná728Enforceable execution copies for reversionary heirs or executors
Sectioná729Enforceable execution copies against parties taking over the property of another person and against parties acquiring firms
Sectioná730Hearing the debtor
Sectioná731Action brought for issuance of the court certificate of enforceability
Sectioná732Reminder serving as a legal remedy against the issuance of the court certificate of enforceability
Sectioná733Additional enforceable execution copies
Sectioná734Note recorded on the original of the judgment regarding the issuance of an execution copy
Sectioná735Compulsory enforcement against an association having no legal capacity
Sectioná736Compulsory enforcement against a partnership under the Civil Code
Sectioná737Compulsory enforcement in the cases of usufruct rights concerning assets or inheritance
Sectioná738Enforceable execution copy issued against the beneficiaries of usufruct
Sectioná739Presumption of custody and control in the case of compulsory enforcement against spouses and partners in a civil union
Sectioná740Compulsory enforcement with respect to the common marital property of both spouses
Sectioná741Compulsory enforcement against the common marital property of both spouses where there is a business
Sectioná742Enforceable execution copy in the case of marriages becoming subject to the regime of common marital property only in the course of the legal dispute
Sectioná743Terminated regime of common marital property
Sectioná744Enforceable execution copy where the regime of common marital property has been terminated
Sectioná744aCompulsory enforcement in the case of a community of property and assets
Sectioná745Compulsory enforcement in the case of the regime of common marital property continuing in force
Sectioná747Compulsory enforcement against an estate that has not been partitioned
Sectioná748Compulsory enforcement where an executor has been appointed
Sectioná749Enforceable execution copies for and against executors
Sectioná750Prerequisites for compulsory enforcement
Sectioná751Conditions for the commencement of enforcement
Sectioná752Provision of security in the event of partial enforcement
Sectioná753Enforcement by court-appointed enforcement officers
Sectioná754Enforcement instructions and enforceable execution copy
Sectioná755Determining the debtor’s place of abode
Sectioná756Compulsory enforcement where performance is to be made concurrently
Sectioná757Physical submission of the legal title and receipt note
Sectioná758Searches; use of force
Sectioná758aSearch warrant issued by a judge; enforcement at an inopportune time
Sectioná759Involvement of witnesses
Sectioná760Inspection of files; copies of files
Sectioná762Record of the hearing regarding enforcement measures
Sectioná763Notices and communications
Sectioná764Court responsible for execution
Sectioná765Orders issued by the execution court where performance is to be made concurrently
Sectioná765aProtection from execution
Sectioná766Reminder serving as a legal remedy against the nature and manner of compulsory enforcement
Sectioná767Action raising an objection to the claim being enforced
Sectioná768Action brought against a court certificate of enforceability
Sectioná769Interim orders
Sectioná770Interim orders set out in the judgment
Sectioná771Third-party proceedings instituted to prevent the execution of a judgment
Sectioná772Third-party proceedings instituted to prevent the execution of a judgment where the disposition of assets has been prohibited
Sectioná773Third-party proceedings instituted to prevent the execution of a judgment by a reversionary heir
Sectioná774Third-party proceedings instituted to prevent the execution of a judgment by a spouse
Sectioná775Termination or limitation of compulsory enforcement
Sectioná776Abrogation of enforcement activities
Sectioná777Reminder serving as a legal remedy in the event sufficient security has been provided to the creditor
Sectioná778Compulsory enforcement prior to acceptance of an inheritance
Sectioná779Continuation of compulsory enforcement following the debtor’s death
Sectioná780Reservation as to the limited liability of an heir for the debts of the estate
Sectioná781Limited liability of an heir in compulsory enforcement proceedings
Sectioná782Defence pleas of the heir against creditors of the estate
Sectioná783Defence pleas of the heir against personal creditors
Sectioná784Compulsory enforcement where an estate is in administration or subject to insolvency proceedings
Sectioná785Action brought by the heir by way of raising an objection to the claim being enforced
Sectioná786Action raising an objection to the claim being enforced in the case of limited liability
Sectioná786aLimitation of liability under the laws of the sea and the laws governing inland waterways transport
Sectioná787Compulsory enforcement where real estate or a ship is ownerless
Sectioná788Costs of compulsory enforcement
Sectioná789Involvement of public authorities
Sectioná792Issuance of records or documents to creditors
Sectioná793Complaint subject to a time limit
Sectioná794Further enforceable legal documents
Sectioná794aCompulsory enforcement based on a settlement reached regarding the vacation of premises
Sectioná795Application of the general regulations to additional, enforceable legal documents
Sectioná795aCompulsory enforcement based on a cost-assessment order
Sectioná795bDeclaration of enforceability of the court settlement
Sectioná796Compulsory enforcement based on writs of execution
Sectioná796aPrerequisites for the settlement reached among attorneys to be declared enforceable
Sectioná796bDeclaration of enforceability by the court hearing the case
Sectioná796cDeclaration of enforceability by a notary
Sectioná797Procedure pursued in the case of enforceable records or documents
Sectioná797aProcedure pursued in the case of settlements being reached before a dispute-resolution entity
Sectioná798Waiting period
Sectioná799Enforceable record or document in the case of legal succession
Sectioná799aLiability for damages where other creditors are pursuing enforcement based on records or documents
Sectioná800Enforceable record or document against the respective owner of real estate
Sectioná800aEnforceable record or document in the case of a maritime mortgage
Sectioná801Legal documents enforceable under Land law
Sectioná802Exclusive venue
Compulsory enforcement for monetary claims
General regulations
Sectioná802aPrinciples of enforcement; general powers of the court-appointed enforcement officer
Sectioná802bAmicable termination of the matter; deferment of enforcement in the event of a payment agreement
Sectioná802cInformation from the debtor on his assets
Sectioná802dNew information on assets
Sectioná802fProceedings for taking the information on the debtor’s assets
Sectioná802gCoercive detention
Sectioná802hInadmissibility of the execution of the arrest
Sectioná802iInformation on the assets of a debtor in arrest
Sectioná802jDuration of arrest, renewed arrest
Sectioná802kCentral administration of schedules of assets
Sectioná802lInformation rights of the court-appointed enforcement officer
Compulsory enforcement against movable property
General regulations
Sectioná804Security right of a creditor
Sectioná805Action for preferential satisfaction
Sectioná806No warranty where an attached object is disposed of
Sectioná806aNotices from the court-appointed enforcement officer and interviews
Sectioná807Taking the information on the debtor’s financial circumstances and assets following efforts to attach assets
Compulsory enforcement against physical objects
Sectioná808Attachment with the debtor
Sectioná809Attachment with the creditor or with third parties
Sectioná810Attachment of unharvested fruits
Sectioná811Objects exempted from attachment
Sectioná811aAttachment with substitution
Sectioná811bProvisional attachment with substitution
Sectioná811cDomestic animals exempted from attachment
Sectioná811dTemporary attachment (without actual possession being taken)
Sectioná812Attachment of household effects
Sectioná814Sale at public auction
Sectioná815Attached cash
Sectioná816Time and place of the auction
Sectioná817Successful bids and delivery
Sectioná817aMinimum bid
Sectioná818Discontinuation of the auction
Sectioná819Effect of accepting the proceeds
Sectioná821Realisation of securities
Sectioná822Transfer of registered securities
Sectioná823Bearer instruments that are withdrawn from circulation
Sectioná824Realisation of fruits that have not yet been harvested
Sectioná825Other form of realisation
Sectioná826Subordinate attachment
Sectioná827Procedure pursued in the case of several attachments
Compulsory enforcement against claims and other property rights
Sectioná828Jurisdiction of the execution court
Sectioná829Attachment of a monetary claim
Section 829aSimplified petition for enforcement in the case of writs of execution
Sectioná830Attachment of a mortgage claim
Sectioná830aAttachment of a maritime mortgage claim
Sectioná831Attachment of endorsable bills
Sectioná832Scope of attachment in the event of ongoing emoluments
Sectioná833Scope of attachment in the case of earned income and service income
Section 833aScope of attachment in the case of credit balances on an account
Sectioná834Debtor is not heard
Sectioná835Transfer of a monetary claim
Sectioná836Effect of the transfer
Sectioná837Transfer of a mortgage claim
Sectioná837aTransfer of a maritime mortgage claim
Sectioná838Objection of the debtor in the case of pledged collateral
Sectioná839Transfer where the debtor is authorised to avert enforcement
Sectioná840Obligation of the third-party debtor to make declarations
Sectioná841Obligation to give third-party notice
Sectioná842Compensation of damages for delayed recovery of claims
Sectioná843Waiver by the creditor having a right of lien
Sectioná844Other form of realisation
Sectioná845Notice of imminent attachment of a debt
Sectioná846Compulsory enforcement against claims to surrender
Sectioná847Claim to surrender of a movable object
Sectioná847aClaim to surrender of a ship
Sectioná848Claim to surrender of immovable property
Sectioná849No transfer in lieu of payment
Sectioná850Exemption from attachment of earned income
Sectioná850aEmoluments exempted from attachment
Sectioná850bEmoluments attachable subject to conditions
Sectioná850cAttachment-exempt threshold for earned income
Sectioná850dLiability to attachment where the debtor must comply with claims to maintenance
Sectioná850eComputation of attachable earned income
Sectioná850fModification of the amount exempted from attachment
Sectioná850gModification of the prerequisites for an exemption from attachment
Sectioná850hDisguised earned income
Sectioná850iExemption from attachment of other earnings
Sectioná850kAccount exempted from attachment
Section 850lOrder as to amounts being non-attachable that have been credited to accounts exempted from attachment
Sectioná851Non-transferable claims
Sectioná851aExemption from attachment for farmers
Sectioná851bExemption from attachment in the case of rents under tenancy and lease agreements
Sectioná851cExemption from attachment in the case of old-age pensions
Sectioná851dExemption from attachment in the case of retirement assets subsidised by tax credits
Sectioná852Claims attachable subject to restrictions
Sectioná853Several attachments of a monetary claim
Sectioná854Several attachments of a claim to movable assets
Sectioná855Several attachments of a claim to immovable property
Sectioná855aSeveral attachments of a claim to a ship
Sectioná856Action brought in the case of several attachments
Sectioná857Compulsory enforcement against other property rights
Sectioná858Compulsory enforcement against a share in a ship
Sectioná859Attachment of shares in jointly held property
Sectioná860Attachment of shares to common marital property
Sectionsá861 andá862(repealed)
Sectioná863Limitations of attachment where usufruct under an inheritance is concerned
Compulsory enforcement against immovable property
Sectioná864Subject matter of enforcements against real estate
Sectioná865Relationship to enforcements against movable property
Sectioná866Types of enforcement
Sectioná867Judgment creditor’s mortgage
Sectioná868Acquisition of the judgment creditor’s mortgage by the owner
Sectioná869Enforced auction and receivership
Sectioná870Rights equivalent to real estate
Sectioná870aCompulsory enforcement against a ship or a ship under construction
Sectioná871Reservations under Land law applying to railway operations
Distribution proceedings
Sectioná873Request made by the court responsible for the distribution of assets
Sectioná874Distribution plan
Sectioná875Determination of a hearing date by the court
Sectioná876Hearing for declaration and implementation
Sectioná877Consequences of a failure to comply with procedural rules
Sectioná878Action brought in support of an opposition lodged
Sectioná879Court competent for the action brought in support of the opposition
Sectioná880Content of the ruling
Sectioná881Default judgment
Sectioná882Procedure following the ruling
Compulsory enforcement against legal persons under public law
Sectioná882aCompulsory enforcement for a monetary claim
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
Sectioná882gIssuance of excerpts
Sectioná882hCompetence; structure of the list of debtors
Compulsory enforcement serving to obtain the surrender of objects or serving to ensure that actions are taken or refrained from
Sectioná883Surrender of specific movable objects
Sectioná884Provision of a specific amount of fungible things
Sectioná885Surrender of plots of real estate or ships
Sectioná885a Limited enforcement instructions
Sectioná886Surrender in the case of a third party having custody and control
Sectioná887Actions that may be taken by others
Sectioná888Actions that may not be taken by others
Sectioná888aNo enforcement of actions where there is a duty to pay compensation
Sectioná889Statutory declaration in lieu of an oath pursuant to civil law
Sectioná890Forcing the debtor to cease and desist from actions, or to tolerate actions
Sectioná891Procedure; hearing of the debtor; ruling on the payment of costs
Sectioná892Resistance by the debtor
Sectioná893Action brought for performance of the equivalent in money
Sectioná894Fiction of a declaration of intent having been made
Sectioná895Declaration of intent for the purpose of entering it in a register in the event of provisionally enforceable judgments
Sectioná896Issuance of records or documents to the creditor
Sectioná897Transfer of ownership; creation of charges on real property
Sectioná898Acquisition in good faith
Sectionsá899 to 915h (repealed)
Seizure and injunction
Sectioná916Claim to seizure
Sectioná917Grounds for a writ of seizure to be issued in the case of seizure against the assets of a potential debtor
Sectioná918Grounds for a writ of seizure to be issued in the case of a debtor being arrested in person
Sectioná919Court responsible for the seizure
Sectioná920Request for writ of seizure
Sectioná921Decision regarding the request for a writ of seizure
Sectioná922Judgment ordering seizure and order of seizure
Sectioná923Authorisation to avert enforcement
Sectioná925Decision following an opposition having been lodged
Sectioná926Order as to proceedings having to be brought in the courts
Sectioná927Seizure set aside due to a change in circumstances
Sectioná928Enforcement of the seizure
Sectioná929Court certificate of enforceability; enforcement period
Sectioná930Enforcement against movable property and receivables
Sectioná931Enforcement against a registered ship or a registered ship under construction
Sectioná932Seizure lien
Sectioná933Enforcement of the personal arrest of a debtor
Sectioná934Setting aside the enforcement of the seizure
Sectioná935Injunction regarding the subject matter of the litigation
Sectioná936Application of the rules governing arrest
Sectioná937Competent court
Sectioná938Content of the injunction
Sectioná939Abrogation of an injunction against provision of security
Sectioná940Injunction serving to provide a temporary status
Sectioná940aVacation of residential premises
Sectioná941Requests for entries to be made in the land register etc.
Sectioná942Competence of the local court in the district of which the object is located
Sectioná943Court responsible for the main action
Sectioná944Decision of the presiding judge in urgent cases
Sectioná945Obligation to compensate for damages
Section 945bAuthorisation to issue statutory instruments
Sectionsá946 toá1024(repealed)
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
Judicial collaboration within the European Union
Service of records or documents pursuant to Council Regulation (EC) Noá1393/2007
Sectioná1067Service of records or documents by diplomatic or consular missions
Sectioná1068Service of records or documents by post
Taking of evidence in accordance with Council Regulation (EC) Noá1206/2001
Sectioná1072Taking of evidence in the Member States of the European Union
Sectioná1073Participation rights
Sectioná1074Responsibilities pursuant to Council Regulation (EC) Noá1206/2001
Sectioná1075Language of incoming requests
Assistance with court costs pursuant to Council Directiveá2003/8/EC
Sectioná1076Applicable regulations
Sectioná1077Outgoing applications
Sectioná1078Incoming applications
European enforcement orders pursuant to Council Regulation (EC) Noá805/2004
Certificate of domestic enforcement orders as European enforcement orders
Sectioná1081Rectification and withdrawal
Compulsory enforcement under European enforcement orders in Germany
Sectioná1082Enforcement title
Sectioná1084Applications pursuant to Articlesá21 andá23 of Council Regulation (EC) Noá805/2004
Sectioná1085Termination of compulsory enforcement
Sectioná1086Action raising an objection to the claim being enforced
European order for payment procedure pursuant to Council Regulation (EC) Noá1896/2006
General regulations
Sectioná1088Automatic processing
Statement of opposition against the European payment order
Sectioná1090Procedure following a statement of opposition
Sectioná1091Initiation of dispute proceedings
Review of the European payment order in exceptional cases
Compulsory enforcement under the European payment order
Sectioná1093Court certificate of enforceability
Sectioná1095Protection against enforcement; action raising an objection to the claim being enforced under the European payment order issued in Germany
Sectioná1096Applications pursuant to Articlesá22 andá23 of Council Regulation (EC) Noá1896/2006; action raising an objection to the claim being enforced
European small claims procedure pursuant to Council Regulation (EC) Noá861/2007
Procedure serving the judicial decision of a court
Sectioná1097Commencement and conduct of the procedure
Sectioná1098Refusal to accept a record or document by reason of its language
Sectioná1100Oral hearing
Sectioná1101Taking of evidence
Sectioná1103Failure to comply with procedural rules
Sectioná1104Redress granted in the event the defendant failed to comply with procedural rules through no fault of his own
Compulsory enforcement
Sectioná1105Compulsory enforcement of domestic enforcement titles
Sectioná1106Certificate of domestic enforcement titles
Sectioná1107Foreign enforcement titles
Sectioná1109Applications pursuant to Articles 22 and 23 of Council Regulation (EC) No 861/2007; action raising an objection to the claim being enforced
Annex (re. sectioná850c)