DEFAULT

Provided übersetzung

provided übersetzung

Übersetzung für 'provided' im kostenlosen Englisch-Deutsch Wörterbuch von LANGENSCHEIDT – mit Beispielen, Synonymen und Aussprache. provided (that) übersetzen: при условии что. Erfahren Sie mehr. Lernen Sie die Übersetzung für 'provided' in LEOs Englisch ⇔ Deutsch Wörterbuch. Mit Flexionstabellen der verschiedenen Fälle und Zeiten ✓ Aussprache und.

Who are a legal person or an organisation that has the capacity to be a party and that was established in Germany, in another Member State of the European Union, or in any other signatory state of the Agreement on the European Economic Area, and which have their registered seat there, if the costs cannot be funded by that party nor by the parties economically involved in the subject matter in dispute, and if any failure to bring an action or to defend against an action that has been brought would contradict the public interest.

Should the costs be funded only in part or in partial amounts, the corresponding amounts are to be paid. The application is to summarise the case and is to cite the evidence.

The application for approval of assistance with court costs in the event of compulsory enforcement is to be filed with the court having jurisdiction for compulsory enforcement.

Prior to his declaration being forwarded to the opponent, the applicant is to be given the opportunity to state his position.

The applicant is to be informed of the fact that the declaration has been forwarded. This position statement may be recorded with the registry for the files of the court.

If it is to be expected that the parties will settle, the court may summon the parties to the dispute for a discussion of the matter in person; the court is to record any settlement reached.

Any costs incurred by the opponent will not be reimbursed. It may order information to be procured from the authorities, and it may in particular order the submission of records and procure information.

No witnesses or experts shall be examined, unless it cannot be established by any other means whether or not the action brought by a party, or the defence against an action brought by others against it, holds out sufficient prospects of success and does not seem frivolous; none of the parties shall be placed under oath.

Should, within a period set by the court, the applicant fail to substantiate information he has provided regarding his personal and economic circumstances, or should he fail to answer certain questions, or not answer them to the satisfaction of the court, the court shall refuse to approve assistance with court costs in this regard.

Wherever the opponent has filed an appeal, it shall not be reviewed at any higher level of jurisdiction whether the action brought by a party, or the defence against an action brought by others, holds out sufficient prospects of success or seems frivolous.

If the payments made by the party will cover the costs foreseeably arising;. If the party, counsel assigned to it or the Federal cash office or the Land cash office are able to assert the costs against another party involved in the proceedings.

Should the court so demand, the party must disclose at any time whether or not its circumstances have changed. Such change shall not take any effect to the detriment of the party if four 4 years have lapsed since the decision of the court has entered into force or the proceedings have been terminated by other means.

Where the party earns a monthly income on a regular basis, the improvement of the income shall be deemed to be significant only if the difference to the gross income thus far serving as the basis is higher than euro, and that on any other than a non-recurrent basis.

The second sentence shall apply mutatis mutandis inasmuch as deductible obligations have ceased to exist. The court is to review, after the ruling has become res judicata or after the proceedings have been otherwise terminated, whether or not a modification of the ruling regarding the payments to be made is required in light of what has been obtained by the action brought or defended against.

A modification of the decision is ruled out when the party would have been granted assistance with court costs without having to make payments in instalments, had whatever the party obtained by the action brought or by the defence against an action brought against it been paid or provided in due time.

The Federal or Land cash office being able to assert against the party, exclusively in accordance with the provisions made by the court,.

Releasing the party from the obligation to provide a security deposit for the costs of the proceedings;. Prohibiting the attorneys assigned as counsel from asserting claims to remuneration against the party.

The approval of assistance with court costs does not affect the obligation to reimburse the opponent for the costs it has incurred.

The party has misrepresented the prerequisites, based on which an approval of assistance with court costs is granted, by falsely summarising the case;.

The party has been in arrears for longer than three 3 months with the payment of a monthly instalment or with the payment of any other amount. The opponent may set off, from any amounts it is to pay, the costs that are to be reimbursed by the party according to the decision as to the costs that is handed down in the same legal dispute.

The court of first instance is the competent court in this regard; should the proceedings be pending at a higher level of jurisdiction, the court of that instance is the competent court.

The statutory period shall be one 1 month. Such contestation may only be based on the fact that the party is to make payments based on its personal and economic circumstances.

The statutory period shall be one 1 month and shall begin running upon the court order having been issued. Following the expiry of three 3 months from the pronouncement of the decision, such appeal will no longer be an available remedy.

Should the decision not be pronounced, the time at which the signed decision is submitted to the court registry shall take the stead of the pronouncement.

The Treasury will not be informed ex officio of the decision. The court shall determine, at its earliest convenience, the deadline for written pleadings to be submitted, and shall determine the date of the hearing on which the decision is to be pronounced.

A decision given without a hearing for oral argument is inadmissible should more than three 3 months have lapsed since the parties granted their consent.

In this event, the images and sound of the hearing shall be broadcast in real time to this location and to the courtroom. The images and sound of the examination shall be broadcast in real time to this location and to the courtroom.

A procedural action shall become effective at the earliest when the record is received by that court. Provided that the person so filing the petition or making the declaration for the record has consented, he may be charged with transmitting the record to the court.

The designation of the parties and their legal representatives by name, status or business, place of residence and position as a party; the designation of the court and of the subject matter of the litigation; the number of annexes;.

The petitions that the party intends to file with the court at the session;. Information on the factual circumstances serving as grounds for the petitions;.

The declarations regarding the facts alleged by the opponent;. The designation of the evidence that the party intends to submit as proof of any facts alleged, or by way of rebutting allegations, as well as a declaration regarding the evidence designated by the opponent;.

The signature of the person responsible for the written pleading; if it is transmitted by telefax telecopier , the signature shall be shown in the copy.

The person responsible for the written pleading is to furnish the document with a qualified electronic signature pursuant to the Electronic Signature Act Signaturgesetz.

If an electronic document transmitted is not suited for processing by the court, this shall be communicated to its sender without undue delay, specifying the applicable technical framework conditions.

The Land governments may confer, by statutory instrument, the authorisation upon the Land departments of justice. The admissibility of the electronic form may also be restricted to individual courts or proceedings.

To the extent the present Code stipulates that judges, senior judicial officers, records clerks of the court registry, or court-appointed enforcement officers are to sign documents by hand, the recording of documents as electronic documents shall comply with this requirement wherever the persons responsible for such documents add their names and furnish the documents with a qualified electronic signature.

The Federal Ministry of Justice may introduce electronic forms, doing so by statutory instrument; this shall be subject to approval by the Bundesrat.

The statutory instrument may determine that the information provided in the forms is to be transmitted, either in its entirety or in part, in structured, machine-readable format.

The forms are to be made available for use on a communications platform on the internet determined in the statutory instrument.

This shall apply to any written pleading that concerns interlocutory proceedings. This shall not apply to any written response made in interlocutory proceedings.

This shall not apply to any documents transmitted electronically, nor shall it apply to annexes that are available to the opponent in their original versions or as copies.

Upon corresponding application being made, the presiding judge may extend or shorten this period. Should a member of the court so request, he shall allow that member to ask questions.

Documents will be read out only insofar as their exact wording is relevant. The court is to work towards ensuring that the parties to the dispute make declarations in due time and completely, regarding all significant facts, and in particular is to ensure that the parties amend by further information those facts that they have asserted only incompletely, that they designate the evidence, and that they file the relevant petitions.

The same shall apply for any aspect that the court assesses differently than both parties do. The fact of such notice having been given may be proven only by the content of the files.

The content of the files may be challenged exclusively by submitting proof that they have been forged. Where a person involved in the hearing objects to an order issued by the presiding judge concerning his power to control the subject matter of the litigation, by stating that such order is inadmissible, or where a question asked by the presiding judge or by a member of the court is so objected to as being inadmissible, the court shall decide on such objection.

If, in light of the great distance a party would have to travel, or for other grave cause, it cannot be reasonably expected of a party to appear in person at the hearing, the court is to refrain from ordering such party to appear in person.

The summons shall be communicated to the party itself also in those cases in which it has retained an attorney of record; the summons need not be served on the party.

This shall not apply if the party has sent a representative to the hearing who is able to clear up the elements of the case and is authorised to make the declarations mandated, in particular to conclude a settlement.

The summons is to set out the consequences that may arise for the party should it fail to appear at the hearing. The court may set a deadline in this regard and may direct that the material so produced remain with the court registry for a period to be determined by the court.

The translation shall be deemed to be true and complete where this is confirmed by the translator. It is admissible to prove that the translation is incorrect or incomplete.

The order provided for in the first sentence hereof may not be issued to the third party. The court may direct the parties to the dispute to produce the files in their possession to the extent they consist of documents concerning the hearing on the matter and the decision by the court.

For this purpose, it may direct that a party to the proceedings or a third party produce an object in its possession, and may set a corresponding deadline therefor.

The court may also direct that a party is to tolerate a measure taken under the first sentence hereof, unless this measure concerns a residence.

The decision shall be issued by a court order and shall cite the reasons on which it is based. Insofar as several independent means of challenge or defence refer to one and the same claim causes of action, defence pleas, counterpleas, etc.

Wherever the claims forming the subject matter of several proceedings pending with a court, whether involving the same or different parties, have legal ties amongst each other, or wherever they could have been asserted in one single complaint, the court may direct that such proceedings be consolidated in order to be heard and decided on at the same time.

Where the decision on a legal dispute depends either wholly or in part on the question of whether a legal relationship does or does not exist, and this relationship forms the subject matter of another legal dispute that is pending, or that is to be determined by an administrative agency, the court may direct that the hearing be suspended until the other legal dispute has been dealt with and terminated, or until the administrative agency has issued its decision.

This shall not apply if important reasons indicate that the suspension should be upheld. The court may repeal the orders it has delivered regarding the separation, consolidation, or suspension of proceedings.

Where the decision on a legal dispute depends on whether or not a marriage can be annulled, and where such annulment has been petitioned, the court is to suspend the proceedings upon corresponding application having been made.

Where the annulment proceedings have been dealt with and terminated, the suspended proceedings shall be resumed.

In proceedings which the parties to the legal dispute may pursue themselves, the attorney of record acting for a party may delegate his authority to a post-graduate legal trainee Referendar who has been assigned to work for him in his preparatory service.

Where a person involved in the hearing has been removed from the location at which the hearing is held in order to maintain order in the court, this person may be proceeded against, upon a corresponding petition being filed, in the same manner as if he had voluntarily left the hearing.

A records clerk of the court registry may be involved in order to keep the record if this is required due to the expected scope of the record, in light of the particular complexity of the matter, or for any other grave cause.

The names of the judges, of the records clerk of the court registry, and of any interpreter who may have been involved;. The information that the hearing was held in open court or in camera.

Any acknowledgments, abandonments of claims, and settlements;. Any admission and declaration as to a petition for the examination of a party, as well as any other declarations the determination of which is required;.

The testimony by witnesses, experts and parties examined; in the event of a repeated examination, the testimony need be included in the record of the hearing only insofar as it deviates from the testimony previously given;.

The decisions judgments, orders, and rulings of the court;. The court may refrain from so including them if the determination of the actions and events or of the statements is not relevant.

Such order shall not be contestable and is to be included in the record of the hearing. The record of the hearing is to be amended by these determinations should a party petition that this be done prior to the proceedings having been concluded as res judicata, or where the court of appeal requires such amendment to be made.

Recordings made on sound or data carriers may be deleted:. To the extent the record of the hearing has been created following the session of the court or is amended by the determinations noted on a preliminary basis, provided that the parties to the dispute have not lodged any objections within one 1 month of the copy having been communicated to them;.

Following the conclusion of the proceedings by a final and binding judgment. Insofar as the court has available a central data storage facility, the preliminary notes may be stored in such central data storage facility instead of being stored as set out in the first sentence hereof.

Where the court hearing the case performs the examination or takes visual evidence on site, and where the final judgment is not subject to appeal or to an appeal on points of law;.

To the extent the complaint is retracted, the claim being enforced is acknowledged or waived, and appellate remedies are waived or the legal dispute is terminated by settlement.

Should the content of the record have been noted only on a preliminary basis, reading the notes or replaying the sound recording shall be deemed compliant with the present rule.

The record of the hearing is to note that this has been done and that the record has been approved, or it shall note the objections that have been raised.

Should the content of the record of the hearing, as a whole or in part, have been recorded on a preliminary basis using a sound recorder, the records clerk of the court registry is to check that the content has been correctly word-processed and is to confirm that this has been done; this shall also apply if the records clerk of the court registry was not present at the session of the court.

The reasons preventing a judge from signing the record shall be noted in the record of the hearing. The note is to be signed by the judge signing the record of the hearing, or by the judge sitting alone, even if he was prevented from signing the record, and by the records clerk of the court registry to the extent he was involved in the proceedings as the keeper of the record.

The document is to be joined to the record of the hearing such that it cannot be separated. Compliance with the formal requirements stipulated for the hearing can be proven only by the record of the hearing.

The exclusive means of admissibly challenging the content of the record concerning these formal requirements is the submission of proof that it has been forged.

The court registry shall award the contract to the postal service on the form intended for this purpose. This shall also apply unless an attorney has already certified the documents submitted to the court.

Instead of being signed by hand, the copy is to be furnished with the court seal. The same shall apply if a copy is served by telefax. The copy is to be furnished with the qualified digital signature of the records clerk of the court registry.

Any service made on the person incapable of conducting proceedings shall not be valid. Service on the representative appointed by legal transaction shall have the same effect as service on the party so represented.

The representative is to produce a written power of attorney. This shall apply also to procedural actions affecting the proceedings before the court of that level of jurisdiction as a result of: Proceedings before the court responsible for enforcement are proceedings at the first level of jurisdiction.

If an attorney of record has already been appointed for the higher level of jurisdiction, the written pleading is to be served on that attorney.

Service shall be made on the party itself if the party has not appointed an attorney of record. A document may be served on its addressee, or the representative appointed by legal transaction, by physically delivering it to the sub-office.

The note is to be signed by the employee physically delivering the documents. The same shall apply to other parties involved in the proceedings, provided they have expressly consented to the documents being transmitted as electronic documents.

The document is to be signed digitally for the transmission and is to be protected against its becoming known to unauthorised third parties.

Should it be sent as an electronic document, it is to be signed by a qualified digital signature pursuant to the Electronic Signature Act Signaturgesetz.

A document may be served by registered mail, return receipt requested. Service shall be deemed sufficiently proven by the return receipt.

The document may be physically submitted to the person on whom it is to be served at any location at which the person is found. Should acceptance of the document to be served be refused without justification, the document is to be left at the residence or at the business premises.

Should the party on whom documents are to be served not have a residence, or should no business premises exist, the document to be served is to be returned.

Upon such refusal of acceptance, the document shall be deemed served. By this placement, the document shall be deemed served. The person so serving it shall note the date of service on the envelope of the document to be served.

Should the postal service have been contracted with serving the documents, the document to be served is to be deposited at the place of service or at the location of the local court at a point designated for this purpose by the postal service.

A written notice of such deposit is to be submitted at the address of the person on whom documents are to be served, using the corresponding form in the manner usual for the delivery of regular letters, or, should this not be possible, the written notice is to be affixed to the door of the residence, the business premises, or the institution.

Upon such written notification having been submitted, the document shall be deemed served. Following the expiry of this period, documents that have not been collected are to be returned to the sender.

The designation of the person on whom service is to be made,. The designation of the person to whom the letter or the document was physically submitted,.

The note that the day of service was noted on the envelope containing the document to be served,. The place, the date and, should the court registry so have instructed, also the time of service,.

The surname, given name, and signature of the person serving the documents as well as the name of the enterprise contracted for service, or the public authority charged with this task.

Wherever documents may be sent directly by the postal service based on such agreements in international instruments, they shall be served by registered mail, return receipt requested; in all other cases, service shall be made, at the request of the presiding judge of the court hearing the case, directly by the public authorities of the other state.

The procedure set out in the first sentence hereof is to be followed in particular if no agreements have been made in international instruments, if the competent bodies of the state concerned are not willing to provide legal assistance, or if special grounds justify such form of service.

Should no authorised recipient be named and until such recipient is named retroactively, documents may be served subsequently by being mailed to the address of the party.

The court may set a longer period. By way of recording proof of the documents having been served, it is to be noted in the files at which time and to which address the document was mailed.

The documents may be served by publishing a notice service by publication wherever:. The abode of a person is unknown and it is not possible to serve the documents upon a representative or authorised recipient,.

It is not possible to serve documents upon legal persons obligated to register a domestic business address with the Commercial Register, neither at the address entered therein nor at the address entered in the Commercial Register of a person authorised to receive service of documents, or at any other domestic address obtained without any investigations,.

It is not possible to serve documents abroad, or if such services does not hold out any prospect of success, or.

The decision may be given without a hearing being held. Additionally, the notification may be published in an electronic information and communications system established by the court for such notifications.

The notification must set out:. The person on whose behalf the documents are to be served,. The name of the party to whom documents are to be served and the address last known,.

The date, the reference number of the document, and the designation of the subject matter of the proceedings, as well as.

The notification must include the note that a document is being served by publication, that this service may trigger periods, and that once they have lapsed, the party to whom the documents are being served in this way may have forfeited rights.

The court hearing the case additionally may order the notification to be published once, or several times, in the Official Gazette Bundesanzeiger or in other publications.

The document shall be deemed served should one 1 month have lapsed since the notification has been displayed on the bulletin board.

The court hearing the case may set a longer period. Should it not be possible to prove that a document has been served in due form, or should the document have been received in violation of mandatory regulations governing service of documents, it shall be deemed served at that point in time at which the document was factually received by the person to whom service of the document was addressed, or could be addressed.

The Federal Ministry of Justice hereby is authorised to introduce forms serving the simplification and streamlining of the service of documents, such forms being subject to approval by the Bundesrat and being made by statutory instrument.

Insofar as it is admissible or required to serve documents at the instigation of the parties, the rules regarding ex officio service shall be applied mutatis mutandis unless otherwise provided for by the rules set out hereinbelow.

The court-appointed enforcement officer shall certify the copies; he may prepare any lacking copies himself. In this context, the court registry is to charge the court-appointed enforcement officer with the service.

Where service is effected by mailing the document, the date and the address at which the document was mailed are to be noted.

He shall attest on the original of the document to be served, or on a handover form to be attached to the original document, that the postal item has been submitted to the postal service, and that it bears: This also applies to written pleadings that, pursuant to the stipulations of the present Code, are to be served ex officio: The written pleading is to set out the declaration that service on the other attorney will be effected by the attorney.

To the extent required for the decision to be taken, supporting documentary proof is to be provided to the court that the documents have so been served.

The period that is to lapse, in a matter that is pending, between the date on which the summons was served and the date of the hearing summons period shall amount to at least one 1 week in proceedings in which the parties must be represented by counsel, and at least three 3 days in other proceedings.

Statutory periods shall be only those periods that have been designated as such in the present Code. The following are not substantial grounds:.

The failure of a party to appear, or its announcement that it will not appear, unless the court is of the opinion that the party was prevented from appearing through no fault of its own;.

This shall not apply to:. Matters involving the seizure of assets, or matters concerning an injunction or interim order,. Proceedings on claims arising from a bill of exchange or on claims asserted concerning the payment of a cheque,.

Matters of construction law where the dispute concerns the continuation of a construction project that has been commenced,. Disputes concerning the permission to use an object, or the surrender of such object, to a person with whom the object is not subject to attachment by the court authorities,.

Proceedings for issuing a declaration of enforceability or for the judges to take action in arbitration proceedings;.

Wherever the proceedings require special acceleration, the court shall not comply with an application for deferral. The reasons for the decision are to be summarised in brief.

The authorities allocated to the court and the presiding judge in the present Title are likewise granted to the judge correspondingly delegated or requested as regards the hearings and periods that such judge is to determine.

The failure to take action in the proceedings will lead to the general consequence that the party will be disqualified from taking such action in the proceedings.

Any court decision that may be contested is to provide an instruction on the remedy available, the protest, the contradiction, or the reminder, as well as on the court with which the remedy is to be lodged, the seat of said court, and the requirements as to form and deadlines.

This does not apply in proceedings in which the parties must be represented by an attorney, unless the instructions are to be given regarding a protest or contradiction, or the instruction is to be addressed to a witness or to an expert.

No instruction need be given regarding the option to file an immediate appeal on law in lieu of an appeal on facts and law leap-frog appeal.

It will be presumed that the party was not at fault if no instruction on available legal remedies was provided, or if it was deficient. The period shall amount to one 1 month if the party is prevented from complying with the deadline set for submitting the particulars of its appeal, the grounds for filing the appeal on points of law, the complaint against denial of leave to appeal, or the complaint on points of law.

The action that was not taken in the proceedings is to be retroactively taken within the period set for the petition; if this has been done, the restoration of the status quo ante may be granted also without a petition having been filed.

That court shall decide on the petition for restoration of the status quo ante that is to decide on the action to be taken in the proceedings and the retroactive arrangement of same.

However, the court may initially limit the procedure to a hearing for oral argument on the petition and the decision on same.

However, the party that has filed the petition shall not be entitled to enter a protest. The period lapsing between service of the summons and the date of the hearing summons periods is to be determined by the presiding judge.

In the event of insolvency proceedings being opened against a party, the proceedings shall be interrupted to the extent they concern the insolvent estate until they can be resumed in accordance with the rules applying to the insolvency proceedings, or until the insolvency proceedings are terminated.

Should this instruction not be complied with, the proceedings are to be deemed as having been resumed. Until notice is given retroactively that a new attorney has been appointed, all documents shall be served on the party obligated to file such notification with the court.

Should, as the consequence of war or of any other event, the court cease its activities, the proceedings shall be interrupted for the duration of this situation.

Where a party is staying at a location that is cut off from communications with the court hearing the case and this is due to the established authorities having issued a corresponding order, to war or to other coincidences, the court may also direct, ex officio, that the proceedings be suspended until such impediment has been removed.

Any proceedings interrupted or suspended shall be resumed, and any notifications mentioned under this Title shall be made by serving a written pleading to be submitted to the court.

The court is to order that proceedings be stayed if both parties have petitioned that this be done, and if it is to be assumed that such order is suitable for the purpose intended in light of the pendency of settlement negotiations or of other sound reasons.

The judgment may be pronounced at the earliest after two 2 weeks. The court is to communicate, by simple letter, the details of the hearing for which the pronouncement of the ruling on the case is scheduled to the party that has failed to appear.

The court shall determine a new hearing for oral argument should this party file a corresponding application with the court, at the latest on the seventh 7 th day prior to the hearing scheduled for the pronouncement of the ruling, provided that the party demonstrates to the satisfaction of the court that it has failed to appear through no fault of its own and that it was unable to apply in due time for a deferral of the hearing.

A complaint subject to a time limit may be lodged against the decision by which the suspension of the proceedings is ordered or refused to be granted based on the stipulations of the present Title or based on other statutory provisions.

Exact information on the subject matter and the grounds for filing the claim, as well as a precisely specified petition.

Information as to whether, prior to the complaint being brought, attempts were made at mediation or any other proceedings serving an alternative resolution of the conflict were pursued, and shall also state whether any reasons exist preventing such proceedings from being pursued;.

Wherever the subject matter of the litigation does not consist of a specific amount of money, information on the value of the subject matter of the litigation insofar as this is relevant for determining whether or not the court has jurisdiction;.

And it shall state whether any reasons would prevent the matter from being ruled on by a judge sitting alone. Should the statement of claim be filed as a digital document, no copies need be enclosed.

Should an action for presentation of accounts, or for the production of a schedule of assets, or for a statutory declaration to be made in lieu of an oath, be consolidated with an action for the surrender of whatever the defendant owes under the legal relationship giving rise to the legal dispute, the exact information on the performance being claimed by the plaintiff may be reserved until the accounts have been presented, the schedule of assets has been produced, or the statutory declaration in lieu of an oath has been made.

Should the assertion of a monetary claim that does not depend on any counterperformance, or the assertion of a claim to a property being cleared or spaces being vacated that serve other than residential purposes, be tied to a calendar date, an action may be filed for future payment or clearing of the premises.

An action may be filed also for the future payment of any recurrent performance scheduled to become due only after the judgment has been entered.

Several claims of the plaintiff against one and the same defendant may be consolidated in one action, even if they are based on different grounds, if the court hearing the case is competent for the entirety of the claims and if the claims may permissibly be dealt with in the same type of proceedings.

For as long as the dispute is pending, none of the parties may bring the dispute before another court or tribunal;. The jurisdiction of the court hearing the case will not be affected by any change to the circumstances giving rise to its competence.

The stipulations of civil law as regards the other effects of a dispute having become pending shall remain unaffected hereby.

Upon the dispute having become pending, the complaint may be modified if the defendant consents to this being done, or if the court believes such a modification to be expedient.

It is not to be regarded a modification of the suit filed if, without any change to the cause of action:.

The statements made as to the facts and circumstances or the legal considerations are amended or corrected;.

The demand for relief is extended or limited in terms of the main action or as regards ancillary claims;.

As a result of later changes, a different object, or the interest in same, is claimed instead of the object originally claimed.

This shall apply mutatis mutandis to any legal dispute as to whether an obligation encumbering a registered ship or ship under construction exists or does not exist.

It is to be assumed that the defendant has consented to the modification of a suit filed if he has made an appearance in a hearing regarding the modified action without objecting to such modification.

The decision that the action has not been modified or that the modification is to be admitted is incontestable.

Unless declared at the hearing, the action shall be withdrawn by submitting a written pleading to the court.

The written pleading is to be served on the defendant if his consent is required for the withdrawal of the action to be effective. Should the defendant fail to oppose the withdrawal of legal action within a statutory period of two 2 weeks from the date on which the written pleading was served, he shall be deemed to have consented to same, provided that this consequence was indicated to the defendant previously.

The plaintiff is under obligation to bear the costs of the legal dispute unless a final and binding decision has been given in their regard or unless they are to be imposed on the defendant for any reason.

Where a defendant has been granted assistance with the court costs, the court is to decide on the costs ex officio. To the exception of the statement of claim and such written pleadings that contain substantive petitions, written pleadings and other declarations by the parties are to be communicated by simple letter unless the court orders them to be served.

When mailing such documents, the communication shall be deemed to have been made on the business day following the day on which they were mailed in those cases in which the residence of the recipient party is located in the local postal district, and on the second business day thereafter for any other locations, unless the party can demonstrate in a satisfactory way that it has not received the communication, or only at a later date.

Direct the parties to amend their preparatory written pleadings or to provide further information, and may in particular set a deadline for explanations to be submitted regarding certain items in need of clarification;.

Request that public authorities or public officials communicate records or provide official information;.

Should the documents be served abroad, the presiding judge is to determine the time for entering an appearance in arranging the date of the hearing.

The presiding judge may set such deadline also outside of the hearing. Concurrently, a deadline is to be set for the defendant within which he is to submit his written statement of defence, which period shall be at least a further two 2 weeks.

For any service of the complaint to a recipient abroad, the presiding judge is to set the deadline in accordance with the first sentence. Furthermore, the statement of defence is to address any reasons that would prevent the matter from being ruled on by a judge sitting alone.

In the conciliation hearing, the court is to discuss with the parties the circumstances and facts as well as the status of the dispute thus far, assessing all circumstances without any restrictions and asking questions wherever required.

The parties appearing are to be heard in person on these aspects. The conciliation judge may avail himself of all methods of conflict resolution, including mediation.

The court shall establish, by issuing a corresponding order, that the settlement concluded in accordance with the first sentence has been reached, recording the content of same in the order.

In all other cases, a hearing for oral argument is to be arranged without undue delay. However, upon a corresponding application being made, the court may order oral argument on the merits of the case to be heard.

Should several courts have jurisdiction, the dispute shall be referred to the court selected by the plaintiff. The court order is incontestable.

The legal dispute shall become pending with the court designated in the order upon the court having received the files. The order shall be binding upon this court.

The additional costs accruing are to be imposed on the plaintiff also in the event he prevailed in the main action. Should, prior to the hearing, a deadline have been set for him by which he is to submit his statement of defence, he is to raise his objections within this period.

The court must take into account, in its decision, any declaration submitted within the time limit set and may take into account any statement submitted late.

The action concerning these claims holds out significant prospects of success, and. A balanced consideration of the interests of both parties determines that the order is justified in that it will avert particular disadvantages from the plaintiff.

It suffices to demonstrate the interests to the satisfaction of the court for them to be considered. An immediate complaint may be lodged against a court order for securitisation.

The taking of evidence and the order for separate proceedings to take evidence, which is issued by a court order for evidence to be taken, are governed by the stipulations of Titles 5 through The court may take evidence, provided it has obtained the consent of the parties to do so, in the manner it deems suitable.

This consent may be limited to individual evidence taken. It may be revoked only in the event of a material change to the litigation circumstances; this must be done prior to the process of taking evidence commencing, to which the consent originally referred.

The judgment is to set out the reasons informing the conviction of the judges. The court may decide at its discretion whether or not — and if so, in which scope — any taking of evidence should be ordered as applied for, or whether or not any experts should be involved to prepare a report.

The revocation of an admission made before the court shall impact its effectiveness only in those instances in which the revoking party proves that the admission was not truthful and was caused by an erroneous assumption.

In this event, the admission ceases to be effective. Facts that are common knowledge with the court need not be substantiated by evidence.

Should the law make a presumption as to a certain fact being given, its opposite may admissibly be proven unless otherwise provided for by the law.

The laws applicable in another state, customary laws, and statutes must be proven only insofar as the court is not aware of them.

In making inquiries as regards these rules of law, the court is not restricted to the proof produced by the parties in the form of supporting documents; it has the authority to use other sources of reference as well, and to issue the required orders for such use.

Following close of the hearing, subsequent to which the judgment is handed down, no further means of challenge or defence may be submitted. Insofar as the pleadings do not contain any petitions, these must be read out lout from a writing to be attached to the record of the hearing as an appendix.

The presiding judge may also permit the petitions to be recorded with the registry for the files of the court. As to the result of the integrity check performed for the document,.

As to whom the signature verification has established as the owner of the signature,. As to which time was established by signature verification as the time when the signature was inserted in the document.

The Federal Government and the Land governments shall determine by statutory instrument for their sphere of responsibility the time onwards from which electronic files are to be kept, as well as the framework conditions in organisational and technical terms governing the creation, administration, and storage of the electronic files.

The Land governments may confer, by statutory instrument, the corresponding authorisation upon the Land departments of justice.

The admissibility of electronic files may be restricted to individual courts or proceedings. Should the documents and records still be needed in paper format, they are to be stored at least until the proceedings have been concluded as res judicata.

The presiding judge may decide, at his discretion, to permit attorneys-in-fact who are a member of a chamber of attorneys to electronically access the content of the files.

In allowing such electronic access to the content of the files, it is to be ensured that solely the attorney-in-fact will so access the files.

In transmitting the files, the entirety of the documents is to be furnished with a qualified electronic signature and is to be protected against becoming known to unauthorised parties.

Once the court records of the dispute have been transferred, in accordance with the principles of due and proper procedure and by way of replacing the originals, to an image carrier or other data carrier, and once written proof exists that the copy is a true and complete copy of the original, then execution copies, excerpts, and copies of the image carrier or data carrier may be issued.

In this event, any notes to be made on the original are to be affixed to the supporting documentary proof. A partial judgment may rule on part of a single claim that is in dispute both on its merits and as regards its amount only if, concurrently, a judgment is delivered on the merits of the remainder of the claim.

The plaintiff is under obligation to compensate the damage that the defendant has suffered by the judgment being enforced, or by his having made payments or taken other actions to avert such enforcement.

The defendant may assert the claim to compensation of damages in the pending legal dispute; should the claim be asserted, it shall be deemed to have become pending at the date of the payment or other performance.

Where an interlocutory dispute is ready for decision, the decision may be entered by interlocutory judgment. Further claims, regarding which he is able to limit his liability, have arisen from the same event and.

Should, at the hearing, the plaintiff waive the claim asserted, he shall be dismissed with his claim should the defendant apply for such dismissal.

Where a party acknowledges a claim asserted against it, either as a whole or in part, it is to be sentenced in accordance with this acknowledgment.

No hearing shall be required in this regard. This shall apply in particular to usufruct or fruits, interest, and other ancillary claims.

The parties to the dispute are to be heard prior to the judgment being pronounced. The judgment may be handed down only by those judges who have attended the hearing on which the judgment is based.

This will be set for a date later than three 3 weeks after the last hearing only for grave cause, this being particularly the scope or the complexity of the matter.

Such reading of the operative provisions of the judgment may be replaced by reference being made to same should none of the parties have appeared at the hearing at which the judgment is pronounced.

The ruling shall be deemed to have been pronounced also to any party that has failed to appear at the hearing. The designation of the parties, their legal representatives, and the attorneys of record;.

The designation of the court and the names of the judges contributing to the decision;. The date on which the court proceedings were declared terminated;.

The details of the circumstances and facts as well as the status of the dispute thus far are to be included by reference being made to the written pleadings, the records of the hearings, and other documents.

In such event, the reasons on which the ruling is based also do not need to be set out, provided the parties to the dispute have waived their being set out, or if their essential content has been included in the record of the hearing.

Should the judgment be contestable only for one party, a declaration of waiver by that party shall suffice. You can reach the Competence Centre via the following email address: Translation provided by Ute Reusch.

Translation provided by the Langenscheidt Translation Service. Translation regularly updated by Neil Mussett. Translation provided by Priv.

Translation provided by the Federal Constitutional Court. Translation provided by Brian Duffett and Ute Reusch. Translation provided by Karen Guida.

Kommers in Kooperation mit dem Sprachendienst des Deutschen Bundestages. Kommers in cooperation with the Language Service of the German Bundestag.

Translation provided by Brian Duffett. Michael Bohlander und Prof. Translation provided by Prof.

Provided Übersetzung Video

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A document may be served on its addressee, or the representative appointed by legal transaction, by physically delivering it to the sub-office.

The note is to be signed by the employee physically delivering the documents. The same shall apply to other parties involved in the proceedings, provided they have expressly consented to the documents being transmitted as electronic documents.

The document is to be signed digitally for the transmission and is to be protected against its becoming known to unauthorised third parties.

Should it be sent as an electronic document, it is to be signed by a qualified digital signature pursuant to the Electronic Signature Act Signaturgesetz.

A document may be served by registered mail, return receipt requested. Service shall be deemed sufficiently proven by the return receipt.

The document may be physically submitted to the person on whom it is to be served at any location at which the person is found.

Should acceptance of the document to be served be refused without justification, the document is to be left at the residence or at the business premises.

Should the party on whom documents are to be served not have a residence, or should no business premises exist, the document to be served is to be returned.

Upon such refusal of acceptance, the document shall be deemed served. By this placement, the document shall be deemed served.

The person so serving it shall note the date of service on the envelope of the document to be served. Should the postal service have been contracted with serving the documents, the document to be served is to be deposited at the place of service or at the location of the local court at a point designated for this purpose by the postal service.

A written notice of such deposit is to be submitted at the address of the person on whom documents are to be served, using the corresponding form in the manner usual for the delivery of regular letters, or, should this not be possible, the written notice is to be affixed to the door of the residence, the business premises, or the institution.

Upon such written notification having been submitted, the document shall be deemed served. Following the expiry of this period, documents that have not been collected are to be returned to the sender.

The designation of the person on whom service is to be made,. The designation of the person to whom the letter or the document was physically submitted,.

The note that the day of service was noted on the envelope containing the document to be served,. The place, the date and, should the court registry so have instructed, also the time of service,.

The surname, given name, and signature of the person serving the documents as well as the name of the enterprise contracted for service, or the public authority charged with this task.

Wherever documents may be sent directly by the postal service based on such agreements in international instruments, they shall be served by registered mail, return receipt requested; in all other cases, service shall be made, at the request of the presiding judge of the court hearing the case, directly by the public authorities of the other state.

The procedure set out in the first sentence hereof is to be followed in particular if no agreements have been made in international instruments, if the competent bodies of the state concerned are not willing to provide legal assistance, or if special grounds justify such form of service.

Should no authorised recipient be named and until such recipient is named retroactively, documents may be served subsequently by being mailed to the address of the party.

The court may set a longer period. By way of recording proof of the documents having been served, it is to be noted in the files at which time and to which address the document was mailed.

The documents may be served by publishing a notice service by publication wherever:. The abode of a person is unknown and it is not possible to serve the documents upon a representative or authorised recipient,.

It is not possible to serve documents upon legal persons obligated to register a domestic business address with the Commercial Register, neither at the address entered therein nor at the address entered in the Commercial Register of a person authorised to receive service of documents, or at any other domestic address obtained without any investigations,.

It is not possible to serve documents abroad, or if such services does not hold out any prospect of success, or. The decision may be given without a hearing being held.

Additionally, the notification may be published in an electronic information and communications system established by the court for such notifications.

The notification must set out:. The person on whose behalf the documents are to be served,. The name of the party to whom documents are to be served and the address last known,.

The date, the reference number of the document, and the designation of the subject matter of the proceedings, as well as.

The notification must include the note that a document is being served by publication, that this service may trigger periods, and that once they have lapsed, the party to whom the documents are being served in this way may have forfeited rights.

The court hearing the case additionally may order the notification to be published once, or several times, in the Official Gazette Bundesanzeiger or in other publications.

The document shall be deemed served should one 1 month have lapsed since the notification has been displayed on the bulletin board.

The court hearing the case may set a longer period. Should it not be possible to prove that a document has been served in due form, or should the document have been received in violation of mandatory regulations governing service of documents, it shall be deemed served at that point in time at which the document was factually received by the person to whom service of the document was addressed, or could be addressed.

The Federal Ministry of Justice hereby is authorised to introduce forms serving the simplification and streamlining of the service of documents, such forms being subject to approval by the Bundesrat and being made by statutory instrument.

Insofar as it is admissible or required to serve documents at the instigation of the parties, the rules regarding ex officio service shall be applied mutatis mutandis unless otherwise provided for by the rules set out hereinbelow.

The court-appointed enforcement officer shall certify the copies; he may prepare any lacking copies himself. In this context, the court registry is to charge the court-appointed enforcement officer with the service.

Where service is effected by mailing the document, the date and the address at which the document was mailed are to be noted. He shall attest on the original of the document to be served, or on a handover form to be attached to the original document, that the postal item has been submitted to the postal service, and that it bears: This also applies to written pleadings that, pursuant to the stipulations of the present Code, are to be served ex officio: The written pleading is to set out the declaration that service on the other attorney will be effected by the attorney.

To the extent required for the decision to be taken, supporting documentary proof is to be provided to the court that the documents have so been served.

The period that is to lapse, in a matter that is pending, between the date on which the summons was served and the date of the hearing summons period shall amount to at least one 1 week in proceedings in which the parties must be represented by counsel, and at least three 3 days in other proceedings.

Statutory periods shall be only those periods that have been designated as such in the present Code. The following are not substantial grounds:.

The failure of a party to appear, or its announcement that it will not appear, unless the court is of the opinion that the party was prevented from appearing through no fault of its own;.

This shall not apply to:. Matters involving the seizure of assets, or matters concerning an injunction or interim order,. Proceedings on claims arising from a bill of exchange or on claims asserted concerning the payment of a cheque,.

Matters of construction law where the dispute concerns the continuation of a construction project that has been commenced,.

Disputes concerning the permission to use an object, or the surrender of such object, to a person with whom the object is not subject to attachment by the court authorities,.

Proceedings for issuing a declaration of enforceability or for the judges to take action in arbitration proceedings;.

Wherever the proceedings require special acceleration, the court shall not comply with an application for deferral.

The reasons for the decision are to be summarised in brief. The authorities allocated to the court and the presiding judge in the present Title are likewise granted to the judge correspondingly delegated or requested as regards the hearings and periods that such judge is to determine.

The failure to take action in the proceedings will lead to the general consequence that the party will be disqualified from taking such action in the proceedings.

Any court decision that may be contested is to provide an instruction on the remedy available, the protest, the contradiction, or the reminder, as well as on the court with which the remedy is to be lodged, the seat of said court, and the requirements as to form and deadlines.

This does not apply in proceedings in which the parties must be represented by an attorney, unless the instructions are to be given regarding a protest or contradiction, or the instruction is to be addressed to a witness or to an expert.

No instruction need be given regarding the option to file an immediate appeal on law in lieu of an appeal on facts and law leap-frog appeal.

It will be presumed that the party was not at fault if no instruction on available legal remedies was provided, or if it was deficient.

The period shall amount to one 1 month if the party is prevented from complying with the deadline set for submitting the particulars of its appeal, the grounds for filing the appeal on points of law, the complaint against denial of leave to appeal, or the complaint on points of law.

The action that was not taken in the proceedings is to be retroactively taken within the period set for the petition; if this has been done, the restoration of the status quo ante may be granted also without a petition having been filed.

That court shall decide on the petition for restoration of the status quo ante that is to decide on the action to be taken in the proceedings and the retroactive arrangement of same.

However, the court may initially limit the procedure to a hearing for oral argument on the petition and the decision on same.

However, the party that has filed the petition shall not be entitled to enter a protest. The period lapsing between service of the summons and the date of the hearing summons periods is to be determined by the presiding judge.

In the event of insolvency proceedings being opened against a party, the proceedings shall be interrupted to the extent they concern the insolvent estate until they can be resumed in accordance with the rules applying to the insolvency proceedings, or until the insolvency proceedings are terminated.

Should this instruction not be complied with, the proceedings are to be deemed as having been resumed. Until notice is given retroactively that a new attorney has been appointed, all documents shall be served on the party obligated to file such notification with the court.

Should, as the consequence of war or of any other event, the court cease its activities, the proceedings shall be interrupted for the duration of this situation.

Where a party is staying at a location that is cut off from communications with the court hearing the case and this is due to the established authorities having issued a corresponding order, to war or to other coincidences, the court may also direct, ex officio, that the proceedings be suspended until such impediment has been removed.

Any proceedings interrupted or suspended shall be resumed, and any notifications mentioned under this Title shall be made by serving a written pleading to be submitted to the court.

The court is to order that proceedings be stayed if both parties have petitioned that this be done, and if it is to be assumed that such order is suitable for the purpose intended in light of the pendency of settlement negotiations or of other sound reasons.

The judgment may be pronounced at the earliest after two 2 weeks. The court is to communicate, by simple letter, the details of the hearing for which the pronouncement of the ruling on the case is scheduled to the party that has failed to appear.

The court shall determine a new hearing for oral argument should this party file a corresponding application with the court, at the latest on the seventh 7 th day prior to the hearing scheduled for the pronouncement of the ruling, provided that the party demonstrates to the satisfaction of the court that it has failed to appear through no fault of its own and that it was unable to apply in due time for a deferral of the hearing.

A complaint subject to a time limit may be lodged against the decision by which the suspension of the proceedings is ordered or refused to be granted based on the stipulations of the present Title or based on other statutory provisions.

Exact information on the subject matter and the grounds for filing the claim, as well as a precisely specified petition.

Information as to whether, prior to the complaint being brought, attempts were made at mediation or any other proceedings serving an alternative resolution of the conflict were pursued, and shall also state whether any reasons exist preventing such proceedings from being pursued;.

Wherever the subject matter of the litigation does not consist of a specific amount of money, information on the value of the subject matter of the litigation insofar as this is relevant for determining whether or not the court has jurisdiction;.

And it shall state whether any reasons would prevent the matter from being ruled on by a judge sitting alone. Should the statement of claim be filed as a digital document, no copies need be enclosed.

Should an action for presentation of accounts, or for the production of a schedule of assets, or for a statutory declaration to be made in lieu of an oath, be consolidated with an action for the surrender of whatever the defendant owes under the legal relationship giving rise to the legal dispute, the exact information on the performance being claimed by the plaintiff may be reserved until the accounts have been presented, the schedule of assets has been produced, or the statutory declaration in lieu of an oath has been made.

Should the assertion of a monetary claim that does not depend on any counterperformance, or the assertion of a claim to a property being cleared or spaces being vacated that serve other than residential purposes, be tied to a calendar date, an action may be filed for future payment or clearing of the premises.

An action may be filed also for the future payment of any recurrent performance scheduled to become due only after the judgment has been entered.

Several claims of the plaintiff against one and the same defendant may be consolidated in one action, even if they are based on different grounds, if the court hearing the case is competent for the entirety of the claims and if the claims may permissibly be dealt with in the same type of proceedings.

For as long as the dispute is pending, none of the parties may bring the dispute before another court or tribunal;. The jurisdiction of the court hearing the case will not be affected by any change to the circumstances giving rise to its competence.

The stipulations of civil law as regards the other effects of a dispute having become pending shall remain unaffected hereby. Upon the dispute having become pending, the complaint may be modified if the defendant consents to this being done, or if the court believes such a modification to be expedient.

It is not to be regarded a modification of the suit filed if, without any change to the cause of action:. The statements made as to the facts and circumstances or the legal considerations are amended or corrected;.

The demand for relief is extended or limited in terms of the main action or as regards ancillary claims;. As a result of later changes, a different object, or the interest in same, is claimed instead of the object originally claimed.

This shall apply mutatis mutandis to any legal dispute as to whether an obligation encumbering a registered ship or ship under construction exists or does not exist.

It is to be assumed that the defendant has consented to the modification of a suit filed if he has made an appearance in a hearing regarding the modified action without objecting to such modification.

The decision that the action has not been modified or that the modification is to be admitted is incontestable.

Unless declared at the hearing, the action shall be withdrawn by submitting a written pleading to the court. The written pleading is to be served on the defendant if his consent is required for the withdrawal of the action to be effective.

Should the defendant fail to oppose the withdrawal of legal action within a statutory period of two 2 weeks from the date on which the written pleading was served, he shall be deemed to have consented to same, provided that this consequence was indicated to the defendant previously.

The plaintiff is under obligation to bear the costs of the legal dispute unless a final and binding decision has been given in their regard or unless they are to be imposed on the defendant for any reason.

Where a defendant has been granted assistance with the court costs, the court is to decide on the costs ex officio. To the exception of the statement of claim and such written pleadings that contain substantive petitions, written pleadings and other declarations by the parties are to be communicated by simple letter unless the court orders them to be served.

When mailing such documents, the communication shall be deemed to have been made on the business day following the day on which they were mailed in those cases in which the residence of the recipient party is located in the local postal district, and on the second business day thereafter for any other locations, unless the party can demonstrate in a satisfactory way that it has not received the communication, or only at a later date.

Direct the parties to amend their preparatory written pleadings or to provide further information, and may in particular set a deadline for explanations to be submitted regarding certain items in need of clarification;.

Request that public authorities or public officials communicate records or provide official information;.

Should the documents be served abroad, the presiding judge is to determine the time for entering an appearance in arranging the date of the hearing.

The presiding judge may set such deadline also outside of the hearing. Concurrently, a deadline is to be set for the defendant within which he is to submit his written statement of defence, which period shall be at least a further two 2 weeks.

For any service of the complaint to a recipient abroad, the presiding judge is to set the deadline in accordance with the first sentence.

Furthermore, the statement of defence is to address any reasons that would prevent the matter from being ruled on by a judge sitting alone.

In the conciliation hearing, the court is to discuss with the parties the circumstances and facts as well as the status of the dispute thus far, assessing all circumstances without any restrictions and asking questions wherever required.

The parties appearing are to be heard in person on these aspects. The conciliation judge may avail himself of all methods of conflict resolution, including mediation.

The court shall establish, by issuing a corresponding order, that the settlement concluded in accordance with the first sentence has been reached, recording the content of same in the order.

In all other cases, a hearing for oral argument is to be arranged without undue delay. However, upon a corresponding application being made, the court may order oral argument on the merits of the case to be heard.

Should several courts have jurisdiction, the dispute shall be referred to the court selected by the plaintiff. The court order is incontestable.

The legal dispute shall become pending with the court designated in the order upon the court having received the files. The order shall be binding upon this court.

The additional costs accruing are to be imposed on the plaintiff also in the event he prevailed in the main action.

Should, prior to the hearing, a deadline have been set for him by which he is to submit his statement of defence, he is to raise his objections within this period.

The court must take into account, in its decision, any declaration submitted within the time limit set and may take into account any statement submitted late.

The action concerning these claims holds out significant prospects of success, and. A balanced consideration of the interests of both parties determines that the order is justified in that it will avert particular disadvantages from the plaintiff.

It suffices to demonstrate the interests to the satisfaction of the court for them to be considered. An immediate complaint may be lodged against a court order for securitisation.

The taking of evidence and the order for separate proceedings to take evidence, which is issued by a court order for evidence to be taken, are governed by the stipulations of Titles 5 through The court may take evidence, provided it has obtained the consent of the parties to do so, in the manner it deems suitable.

This consent may be limited to individual evidence taken. It may be revoked only in the event of a material change to the litigation circumstances; this must be done prior to the process of taking evidence commencing, to which the consent originally referred.

The judgment is to set out the reasons informing the conviction of the judges. The court may decide at its discretion whether or not — and if so, in which scope — any taking of evidence should be ordered as applied for, or whether or not any experts should be involved to prepare a report.

The revocation of an admission made before the court shall impact its effectiveness only in those instances in which the revoking party proves that the admission was not truthful and was caused by an erroneous assumption.

In this event, the admission ceases to be effective. Facts that are common knowledge with the court need not be substantiated by evidence.

Should the law make a presumption as to a certain fact being given, its opposite may admissibly be proven unless otherwise provided for by the law.

The laws applicable in another state, customary laws, and statutes must be proven only insofar as the court is not aware of them.

In making inquiries as regards these rules of law, the court is not restricted to the proof produced by the parties in the form of supporting documents; it has the authority to use other sources of reference as well, and to issue the required orders for such use.

Following close of the hearing, subsequent to which the judgment is handed down, no further means of challenge or defence may be submitted. Insofar as the pleadings do not contain any petitions, these must be read out lout from a writing to be attached to the record of the hearing as an appendix.

The presiding judge may also permit the petitions to be recorded with the registry for the files of the court. As to the result of the integrity check performed for the document,.

As to whom the signature verification has established as the owner of the signature,. As to which time was established by signature verification as the time when the signature was inserted in the document.

The Federal Government and the Land governments shall determine by statutory instrument for their sphere of responsibility the time onwards from which electronic files are to be kept, as well as the framework conditions in organisational and technical terms governing the creation, administration, and storage of the electronic files.

The Land governments may confer, by statutory instrument, the corresponding authorisation upon the Land departments of justice. The admissibility of electronic files may be restricted to individual courts or proceedings.

Should the documents and records still be needed in paper format, they are to be stored at least until the proceedings have been concluded as res judicata.

The presiding judge may decide, at his discretion, to permit attorneys-in-fact who are a member of a chamber of attorneys to electronically access the content of the files.

In allowing such electronic access to the content of the files, it is to be ensured that solely the attorney-in-fact will so access the files.

In transmitting the files, the entirety of the documents is to be furnished with a qualified electronic signature and is to be protected against becoming known to unauthorised parties.

Once the court records of the dispute have been transferred, in accordance with the principles of due and proper procedure and by way of replacing the originals, to an image carrier or other data carrier, and once written proof exists that the copy is a true and complete copy of the original, then execution copies, excerpts, and copies of the image carrier or data carrier may be issued.

In this event, any notes to be made on the original are to be affixed to the supporting documentary proof. A partial judgment may rule on part of a single claim that is in dispute both on its merits and as regards its amount only if, concurrently, a judgment is delivered on the merits of the remainder of the claim.

The plaintiff is under obligation to compensate the damage that the defendant has suffered by the judgment being enforced, or by his having made payments or taken other actions to avert such enforcement.

The defendant may assert the claim to compensation of damages in the pending legal dispute; should the claim be asserted, it shall be deemed to have become pending at the date of the payment or other performance.

Where an interlocutory dispute is ready for decision, the decision may be entered by interlocutory judgment. Further claims, regarding which he is able to limit his liability, have arisen from the same event and.

Should, at the hearing, the plaintiff waive the claim asserted, he shall be dismissed with his claim should the defendant apply for such dismissal.

Where a party acknowledges a claim asserted against it, either as a whole or in part, it is to be sentenced in accordance with this acknowledgment.

No hearing shall be required in this regard. This shall apply in particular to usufruct or fruits, interest, and other ancillary claims.

The parties to the dispute are to be heard prior to the judgment being pronounced. The judgment may be handed down only by those judges who have attended the hearing on which the judgment is based.

This will be set for a date later than three 3 weeks after the last hearing only for grave cause, this being particularly the scope or the complexity of the matter.

Such reading of the operative provisions of the judgment may be replaced by reference being made to same should none of the parties have appeared at the hearing at which the judgment is pronounced.

The ruling shall be deemed to have been pronounced also to any party that has failed to appear at the hearing. The designation of the parties, their legal representatives, and the attorneys of record;.

The designation of the court and the names of the judges contributing to the decision;. The date on which the court proceedings were declared terminated;.

The details of the circumstances and facts as well as the status of the dispute thus far are to be included by reference being made to the written pleadings, the records of the hearings, and other documents.

In such event, the reasons on which the ruling is based also do not need to be set out, provided the parties to the dispute have waived their being set out, or if their essential content has been included in the record of the hearing.

Should the judgment be contestable only for one party, a declaration of waiver by that party shall suffice.

The respective ruling is to be designated as a default judgment, judgment based on an acknowledgment by the defendant, or judgment based on a waiver having been declared.

The judgment need not set out the names of the judges. The judgment is to include the designation of the parties, their legal representatives, and their attorneys of record only to the extent that this information deviates from the information provided in the statement of claim.

Should the plaintiff prevail, the operative provisions of the judgment may include the statement of claim by reference. Should the judgment be written on a sheet of paper that is attached to the statement of claim, the court seal is to be affixed to the place at which they are joined, or the documents are to be joined using tacking thread and a seal.

The section of the ruling that addresses the facts and the merits of the case shall establish evidence for the submissions made by the parties in oral argument.

Such evidence can be invalidated only by the record of the hearing. Should a judge be prevented from signing the ruling, this shall be noted, with the reasons being cited, at the bottom of the ruling by the presiding judge, and should the presiding judge likewise be prevented from doing so, it shall be noted by the most senior among the associate judges.

Should, as an exception, this not be possible, the judgment is to be forwarded to the court registry, signed by the judges, without the section addressing the facts and the merits of the case and without the reasons on which the ruling is based.

In such event, the section addressing the facts and the merits of the case and the reasons on which the ruling is based shall be prepared shortly thereafter, shall be signed separately by the judges, and shall be forwarded to the court registry.

Where the court records of the dispute are kept as electronic documents, the records clerk of the court registry is to record the note in a separate document.

This document is to be joined to the judgment such that it cannot be separated. Where petitioned by the parties in congruent declarations, the presiding judge may defer service of judgments that have been pronounced until the expiry of five 5 months following pronouncement of the judgment.

For as long as the judgment has not been pronounced and has not been signed, no execution copies, excerpts, or copies may be issued.

Any execution of the judgment that a party may request shall be issued without the section addressing the facts and the merits of the case and the reasons on which a ruling is based; this shall not apply if the party requests to have a complete execution issued to it.

The court is bound to the decision set out in its final and interlocutory judgments. The petition may be filed already prior to the time at which the period has commenced running.

Any correction of the section addressing the facts and merits of the case shall be ruled out unless a petition for it has been filed within three 3 months from pronouncement of the judgment.

Solely those judges shall contribute to the decision who contributed to the original judgment. This court order is incontestable. The order mandating such a correction is to be noted on the judgment and on the execution copies of same.

No appellate remedy or any other legal remedy is available against the decision, and. The court has violated the entitlement of this party to be given an effective and fair legal hearing and this has significantly affected the decision.

Following the expiry of one 1 year from the issuance of the decision challenged, an objection may no longer be filed. Decisions communicated by simple letter shall be deemed to have been issued following the third 3 rd day on which they were sent by regular mail.

The objection is to be lodged in writing with the court whose decision is being challenged. Should one of these requirements not have been met, the objection is to be overruled as inadmissible.

Should the objection be without justification, the court shall dismiss it. The decision shall be handed down by an incontestable order.

The grounds on which the order is based shall be briefly summarised. The status of the proceedings as given prior to the close of the hearing shall be reinstated.

In proceedings conducted in writing, the close of the hearing shall be replaced by the date by which the written pleadings may be submitted.

The complaint shall be admissible only if the facts and circumstances submitted by the plaintiff result in a material change to the factual or legal circumstances on which the decision is based.

The complaint shall be admissible only if the plaintiff presents facts justifying such modification. The judgment shall be effective against the highest bidder obtaining title to real property by court order at an enforced auction only wherever the pending dispute was registered by no later than the date of the auction, prior to the call for bids having been made.

The stipulations of the Capital Markets Model Case Act Kapitalanleger-Musterverfahrensgesetz shall apply to the further-reaching effects of the decision taken in the model case.

The courts of the state to which the foreign court belongs do not have jurisdiction according to German law;.

The defendant, who has not entered an appearance in the proceedings and who takes recourse to this fact, has not duly been served the document by which the proceedings were initiated, or not in such time to allow him to defend himself;.

The judgment is incompatible with a judgment delivered in Germany, or with an earlier judgment handed down abroad that is to be recognised, or if the proceedings on which such judgment is based are incompatible with proceedings that have become pending earlier in Germany;.

The recognition of the judgment would lead to a result that is obviously incompatible with essential principles of German law, and in particular if the recognition is not compatible with fundamental rights;.

Wherever the decision sets out a date for a hearing as determined by the court or triggers a period, it is to be served on the parties. Such petition may already be filed in the statement of claim.

Taking the decision without holding a hearing shall be admissible also insofar as the submission made to the court by the plaintiff does not justify the demand for relief in an ancillary claim, provided that the plaintiff has been made aware of this option prior to the decision being given.

Should a party fail to appear at the hearing scheduled for oral argument, the opponent may petition to have a decision given on the basis of the record as it stands instead of a default judgment; this petition is to be complied with if the facts and circumstances on which such a decision is based are deemed to have been sufficiently cleared up.

A party shall be deemed to not have appeared if it does not submit any oral argument in spite of having appeared at the hearing.

Should a party submit oral arguments at the hearing, but in being examined not make any declarations as to the facts and circumstances, records and documents, or petitions and applications, then the stipulations of the present Title are not applicable.

The party appearing is unable to procure the proof or evidence demanded by the court on the grounds of circumstances that are to be taken into account ex officio;.

The party that has failed to appear was not duly summoned, and in particular was not summoned in due time;. Facts as submitted to the court in oral argument, or a petition, have not been communicated by a written pleading to the party that has failed to appear;.

Where the decision is repealed, the party that has failed to appear is not to be summoned to the hearing subsequently arranged. The court shall adjourn the hearing on the petition for a default judgment, or for a decision on the basis of the record as it stands, if it is of the opinion that the time limit set by the presiding judge for entering an appearance, or the period he has indicated in the summons as the period lapsing between service of same and the date of the hearing, is too short, or if the court is of the opinion that the party is prevented from appearing at the hearing through no fault of its own.

The party not appearing at the hearing shall be summoned to the hearing subsequently arranged. The party against which a default judgment has been delivered is entitled to enter a protest against the judgment.

The reference number and designation of the judgment against which the protest is directed;. The declaration as to protest being entered against this judgment.

Should the judgment be contested only in part, the scope in which it is to be so contested is to be specified. Upon a corresponding petition being filed, the presiding judge may extend the deadline by which the reasoning for the protest is to be submitted, if at his discretion and conviction the extension will not delay the legal dispute, or if the party demonstrates substantial grounds for doing so.

In serving the default judgment, attention is to be drawn to the consequence of any failure to meet the deadline. The notice of protest is to be served on the opponent party.

In this context, it is to be specified when the default judgment was served and when the protest has been entered. The party is to submit the required number of copies together with the notice of protest.

This shall not apply if the notice of protest is transmitted as an electronic document. Should one of these requirements not be met, the protest is to be overruled as inadmissible.

If a protest entered is not overruled as inadmissible, a hearing is to be scheduled for oral argument on the protest and on the merits of the case and the parties are to be informed of same.

Should the protest be admissible, the status of the proceedings as given prior to the failure to comply with procedural requirements shall be reinstated in the extent covered by the protest.

Insofar as the decision delivered as a result of the new hearing conforms to the decision of the default judgment, it is to be ruled that this decision be upheld.

Should this prerequisite not be fulfilled, the default judgment shall be repealed by the new judgment.

If the default judgment has been handed down as stipulated by law, the costs resulting from the failure to comply with procedural requirements are to be imposed on the defaulting party, unless they have been engendered by the opponent lodging an unfounded opposition, also in those cases in which a decision modifying the original judgment is delivered as a result of the objection.

Any party entering a protest, but failing to appear at the hearing scheduled for oral argument or failing to appear at the hearing until which oral argument has been adjourned, or failing to make itself heard on the merits of the case, shall not be entitled to enter further protest against the default judgment by which the protest is overruled.

The rules governing the waiver of an appeal and its withdrawal shall apply mutatis mutandis to the waiver of protest and its withdrawal. The stipulations of the present Title shall apply mutatis mutandis.

This shall not apply where:. The matter is characterised by special factual or legal difficulties,. This is petitioned by the parties in congruent declarations.

It shall decide on this by handing down a corresponding court order. Any re-transfer to the judge sitting alone is ruled out.

The matter is not characterised by special factual or legal difficulties,. The legal matter is not of any fundamental significance, and.

Oral argument has not already been heard on the merits of the case before the civil division at the main hearing, unless a judgment subject to a reservation of rights, partial judgment, or interlocutory judgment has been handed down in the meantime.

A material change to the litigation circumstances engenders special factual or legal difficulties of the matter, or the fundamental significance of the legal matter, or.

Upon having heard the parties, it shall rule on the matter by court order. He may take evidence only insofar as it is to be assumed that the special technical competence of the honorary lay judges will not be decisive for the taking of evidence, and that the division will be able to properly evaluate the results obtained in taking evidence even without having a direct impression of its course.

On objections concerning the admissibility of the complaint, insofar as oral argument is heard on it separately;. In the event of the legal action being withdrawn, of the claims asserted being waived or of the claim being acknowledged;.

In the event of one party or of both the parties failing to comply with procedural rules;. In the proceedings on approval of assistance with court costs;.

In proceedings on claims arising from a bill of exchange and on claims asserted concerning payment of a cheque;. Only in the cases determined in the present Code shall the taking of evidence be transferred to a member of the court hearing the case or to another court.

Where it is sent by regular mail, notice shall be deemed to have been effected on the following business day wherever the residence of the party is situate in the local postal district, and in all other cases shall be deemed to have been effected on the second business day following its mailing, unless the party demonstrates in a satisfactory manner that it has not received the notice, or that it has only received it at a later point in time.

Should the taking of evidence require separate proceedings, the court shall issue the corresponding instructions in an order for evidence to be taken.

The court may issue an order for evidence also prior to the hearing for oral argument. Provided that the order contains one of the following instructions, the order may be carried out prior to the hearing for oral argument:.

Evidence is to be taken before the judge correspondingly delegated or requested;. Designate the facts at issue, regarding which evidence is to be taken;.

Designate the evidence, naming the witnesses and experts to be examined or the party to be examined;. Designate the party that has taken recourse to the evidence.

No party may demand that, due to any earlier hearings, an order for evidence to be taken be modified prior to its being dealt with conclusively.

However, the court may modify the order for evidence to be taken, doing so either upon corresponding application being made by a party or ex officio, insofar as the opponent agrees to this being done, or insofar as such modification concerns only the correction or amendment of the facts at issue set out in the order, or insofar as witnesses or experts other than those set out in the order are to be examined; the court may do so also without another hearing for oral argument being held.

The judge correspondingly delegated or requested shall have the same authority. If at all possible, the parties are to be heard prior to such modification, and in all cases are to be notified of the modification without undue delay.

Once this deadline has expired without success, the record or document may be used only if doing so will not delay the proceedings.

Where such notice has not been given, the court is to exercise its discretion in deciding whether — and if so, to which extent — the party tendering evidence is entitled to use the record of the hearing on the evidence.

Should, at a later time, grounds become apparent indicating that having a different court take the evidence would be appropriate to the matter at hand, the judge correspondingly delegated or requested is authorised to request that such court take the evidence.

The parties are to be informed of the ruling correspondingly issued. Should it be required to arrange for a new hearing to take evidence, or to continue such taking of evidence, such a hearing shall be determined ex officio even if the party tendering evidence, or both parties to the dispute, failed to appear at the earlier hearing.

Where the taking of evidence as performed by a foreign public authority is in line with the laws applicable to the court hearing the case, no grounds for objection may be derived from the fact that this was done inadequately under the foreign laws.

Where this has not been done, this hearing shall be determined ex officio once the taking of evidence has terminated, and the parties shall be informed of same.

If an electronic document is to serve as evidence, it shall be so offered as evidence by producing or transmitting the file. The appearance of authenticity of a declaration available in electronic form, as obtained from reviewing it pursuant to the Electronic Signature Act Signaturgesetz , can be cast into doubt only by facts giving rise to serious doubts as to the declaration having been made by the holder of the signature key.

The same shall apply if an accredited service provider furnishes the document, on behalf of the public authority that has created such document, or on behalf of the person or entity vested with public trust that has created such document, with his qualified electronic signature pursuant to section 5 5 of the Act on De-Mail and the sender authentication identifies the public authority that has created such document, or the person or entity vested with public trust, as the user of the De-Mail account, or the person or entity vested with public trust.

Section b Evidentiary value of scanned public records or documents. The rules concerning the evidentiary value of public records and documents shall be applied mutatis mutandis to public records or documents that have been transformed, using state-of-the-art technology, into electronic documents by a public authority, or a person or entity vested with public trust, and where a confirmation is available that the electronic document is a true and correct copy of the original, both as an image and in terms of its substance.

Should a person refuse to have testing performed in repeated instances, without such refusal being justified, measures of direct coercion may be taken, in particular by ordering the forcible production of the person concerned for testing.

Evidence by hearing witnesses shall be offered by naming the witnesses and designating the facts regarding which the witnesses are to be examined.

If it seems expedient, by way of assessing the truth, to examine the witness on site or if, according to the stipulations of the law, the witness is not to be examined at the seat of the court, but instead at a different location;.

Unless the court orders that such a summons be served, it is to be communicated by simple letter. The instruction of the witness to appear at the hearing, at the time and place provided in the summons, for the purpose of testifying before the court, and must include the warning that failure to do so may be sanctioned by the means of administrative coercion provided for in the law.

The attention of the witness is to be drawn to the fact that he may be summoned to be examined as a witness.

The court shall direct the witness to be summoned if it believes that this is necessary in order to further clear up the question regarding which evidence is to be taken.

The court may make the summons of the witness dependent on an advance payment being made by the party tendering evidence; this advance must suffice to cover the expenditures that the Treasury will incur as a result of examining the witness.

Should the advance not be paid within the period determined, the witness will not be summoned, unless such payment is made retroactively and in such due time that, in the opinion of the court, formed at its discretion and conviction, it enables the witness to be examined without causing a delay to the proceedings.

Concurrently, a coercive fine shall be levied against that witness and, for the case that this cannot be recovered from same, he shall be sentenced to coercive detention.

Should the excuse pursuant to the first sentence hereof not be brought forward in due time, the imposition of costs or the order of means of administrative coercion shall be refrained from only if it is demonstrated to the satisfaction of the court that the witness is not responsible for the excuse having been submitted to the court late.

Translation provided by Ute Reusch. Translation provided by the Langenscheidt Translation Service. Translation regularly updated by Neil Mussett.

Translation provided by Priv. Translation provided by the Federal Constitutional Court. Translation provided by Brian Duffett and Ute Reusch. Translation provided by Karen Guida.

Kommers in Kooperation mit dem Sprachendienst des Deutschen Bundestages. Kommers in cooperation with the Language Service of the German Bundestag. Translation provided by Brian Duffett.

Michael Bohlander und Prof. Translation provided by Prof. Auflage , Verlag C.

2 thoughts on “Provided übersetzung”

  1. Ich denke, dass Sie den Fehler zulassen. Es ich kann beweisen. Schreiben Sie mir in PM, wir werden reden.

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