Übersetzung durch Samson-Übersetzungen GmbH, Dr. Carmen von Schöning
Translation provided by Samson-Übersetzungen GmbH, Dr. Carmen von Schöning
Stand: Die Übersetzung berücksichtigt die Änderung(en) des Gesetzes durch Artikel 1 des Gesetzes vom 10. Oktober 2013 (BGBl. I S. 3786)
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Version information: The translation 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.
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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| Section 10(repealed) |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| Section 14(repealed) |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| Section 23a(repealed) |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 |
| Sections 946 to 1024(repealed) |
Book 10
Arbitration proceedings |
Chapter 1
General regulations |
| Section 1025Scope of application |
| Section 1026Scope of the activities that a court may pursue |
| Section 1027Loss of the right to file objections |
| Section 1028Receipt of written communications by a party whose whereabouts are unknown |
Chapter 2
Arbitration agreement |
| Section 1029Definition |
| Section 1030Eligibility for arbitration |
| Section 1031Form of the arbitration agreement |
| Section 1032Arbitration agreement and proceedings brought before the courts |
| Section 1033Arbitration agreement and preliminary measures taken by the court |
Chapter 3
Formation of the arbitral tribunal |
| Section 1034Composition of the arbitral tribunal |
| Section 1035Appointment of arbitral judges |
| Section 1036Recusal of an arbitral judge |
| Section 1037Recusal procedure |
| Section 1038Failure to act or impossibility of performing the tasks assigned |
| Section 1039Appointment of a substitute arbitral judge |
Chapter 4
Competence of the arbitral tribunal |
| Section 1040Authority of the arbitral tribunal to decide on its own competence |
| Section 1041Measures of temporary relief |
Chapter 5
Implementation of the arbitration proceedings |
| Section 1042General procedural rules |
| Section 1043Venue of the arbitration proceedings |
| Section 1044Commencement of the arbitration proceedings |
| Section 1045Language of the proceedings |
| Section 1046Request for arbitration and reply to the request for arbitration |
| Section 1047Hearing for oral argument; proceedings conducted in writing |
| Section 1048Failure by a party to comply with procedural rules |
| Section 1049Expert appointed by the arbitral tribunal |
| Section 1050Support provided by the court in taking evidence and other actions reserved for judges |
Chapter 6
Arbitration award and conclusion of the proceedings |
| Section 1051Applicable laws |
| Section 1052Decision by a panel of arbitral judges |
| Section 1053Settlement |
| Section 1054Form and content of the arbitration award |
| Section 1055Effects of the arbitration award |
| Section 1056Termination of the arbitration proceedings |
| Section 1057Decision as to costs |
| Section 1058Correction, interpretation, and amendment of the arbitration award |
Chapter 7
Legal remedies against the arbitration award |
| Section 1059Petition for reversal of an arbitration award |
Chapter 8
Prerequisites for the recognition and enforcement of arbitration awards |
| Section 1060Domestic arbitration awards |
| Section 1061Foreign arbitration awards |
Chapter 9
Court proceedings |
| Section 1062Jurisdiction |
| Section 1063General regulations |
| Section 1064Special aspects of declaring arbitration awards enforceable |
| Section 1065Appellate remedies |
Chapter 10
Arbitral tribunals not governed by agreements |
| Section 1066Application mutatis mutandis of the provisions made in Book 10 |
Book 11
Judicial collaboration within the European Union |
Chapter 1
Service of records or documents pursuant to Council Regulation (EC) No 1393/2007 |
| Section 1067Service of records or documents by diplomatic or consular missions |
| Section 1068Service of records or documents by post |
| Section 1069Responsibilities |
| Section 1070(repealed) |
| Section 1071(repealed) |
Chapter 2
Taking of evidence in accordance with Council Regulation (EC) No 1206/2001 |
| Section 1072Taking of evidence in the Member States of the European Union |
| Section 1073Participation rights |
| Section 1074Responsibilities pursuant to Council Regulation (EC) No 1206/2001 |
| Section 1075Language of incoming requests |
Chapter 3
Assistance with court costs pursuant to Council Directive 2003/8/EC |
| Section 1076Applicable regulations |
| Section 1077Outgoing applications |
| Section 1078Incoming applications |
Chapter 4
European enforcement orders pursuant to Council Regulation (EC) No 805/2004 |
Title 1
Certificate of domestic enforcement orders as European enforcement orders |
| Section 1079Competence |
| Section 1080Decision |
| Section 1081Rectification and withdrawal |
Title 2
Compulsory enforcement under European enforcement orders in Germany |
| Section 1082Enforcement title |
| Section 1083Translation |
| Section 1084Applications pursuant to Articles 21 and 23 of Council Regulation (EC) No 805/2004 |
| Section 1085Termination of compulsory enforcement |
| Section 1086Action raising an objection to the claim being enforced |
Chapter 5
European order for payment procedure pursuant to Council Regulation (EC) No 1896/2006 |
Title 1
General regulations |
| Section 1087Competence |
| Section 1088Automatic processing |
| Section 1089Service |
Title 2
Statement of opposition against the European payment order |
| Section 1090Procedure following a statement of opposition |
| Section 1091Initiation of dispute proceedings |
Title 3
Review of the European payment order in exceptional cases |
| Section 1092Procedure |
Title 4
Compulsory enforcement under the European payment order |
| Section 1093Court certificate of enforceability |
| Section 1094Translation |
| Section 1095Protection against enforcement; action raising an objection to the claim being enforced under the European payment order issued in Germany |
| Section 1096Applications pursuant to Articles 22 and 23 of Council Regulation (EC) No 1896/2006; action raising an objection to the claim being enforced |
Chapter 6
European small claims procedure pursuant to Council Regulation (EC) No 861/2007 |
Title 1
Procedure serving the judicial decision of a court |
| Section 1097Commencement and conduct of the procedure |
| Section 1098Refusal to accept a record or document by reason of its language |
| Section 1099Counterclaim |
| Section 1100Oral hearing |
| Section 1101Taking of evidence |
| Section 1102Judgment |
| Section 1103Failure to comply with procedural rules |
| Section 1104Redress granted in the event the defendant failed to comply with procedural rules through no fault of his own |
Title 2
Compulsory enforcement |
| Section 1105Compulsory enforcement of domestic enforcement titles |
| Section 1106Certificate of domestic enforcement titles |
| Section 1107Foreign enforcement titles |
| Section 1108Translation |
| Section 1109Applications pursuant to Articles 22 and 23 of Council Regulation (EC) No 861/2007; action raising an objection to the claim being enforced |
| Annex (re. section 850c) |
