Civil procedure code of Germany

The German Code of Civil Procedure ( ZPO abbreviated, in Comparative Law: dZPO ) governs judicial proceedings in civil cases, and entered into law on October 1, 1879 as part of the Imperial Justice Laws in force. You basically includes all relevant to the issues of civil procedure rules. Few are regulated by other laws. In addition may be mentioned the foreclosure law of the jurisdiction and the internal structure of the courts of the Judicature Act and for the enforcement of court decisions. For the voluntary jurisdiction of the provisions of the Code of Civil Procedure apply only when the provisions of this FamFG prescribe or provide nothing more. Therefore, the Code of Civil Procedure is used mainly in the civil-law disputes to the course. As the " mother of all procedural codes " but are referenced in the application of the method in other branches of jurisdiction often on parts of the Code of Civil Procedure, as for example in the Labour Court Act, the Social Court Act and the Administrative Procedure Code.

Appears little in the Code of Civil Procedure on the essential process maxims.

The procedure is divided into two sections: the cognitive process and the foreclosure process. In recognition method is decided on the claim asserted by the plaintiff. In enforcement proceedings the judgment or other enforcement shall be enforced.

In recognition process is the normal judgment process (§ § 253 - 510b ZPO) the rule. There is also a special type of process the documents, bills and checks (§ § 592 - 605 ) and as a process of interim measures to the process on adoption of an arrest or an injunction (§ § 916-945 ZPO), which is also located in a cognitive process and the execution is divided, but is regulated by the Code of Civil Procedure systematically incorrect total in the eighth book about the foreclosure. In addition, there is the reminder procedure ( § 688 - 703d ZPO), the payment of a certain sum of money provides the opportunity for claims on quick and easy way to create an enforceable title, but in the cases in which the defendant wishes to appeal, only a represents special introductory form of the sentencing process. Further, the Code of Civil Procedure contains provisions on the arbitration procedure (§ § 1025-1066 ), in which only part of the state courts to act.

In addition to the provisions governing the procedure of First Instance, the Code of Civil Procedure contains provisions on the appeal of the appeal, revision, appeal and appeal (§ § 511-577 ZPO) and on the resumption of proceedings ( § 578-591 ZPO).

An action types, the Civil Procedure Law provides for the power suit, the declaratory action, the interim declaratory action and the design application in Code of Civil Procedure.

The enforcement law is regulated in the 8th book of the ZPO. The Code of Civil Procedure deals with the enforcement by the individual creditors. The total execution by all the creditors, however, does not regulate the Code of Civil Procedure, but the Insolvency Act. The foreclosure law of the Code of Civil Procedure is divided into General Regulations, a section on enforcement of claims for money and a section on enforcement in obtaining the restitution of property, and for the attainment of acts or omissions. The enforcement of claims for money differs enforcement against movable assets, on the one hand in physical things and on the other hand in receivables and other property rights, and enforcement in the immovable property, in the latter case, the Code of Civil Procedure applies only partial control and by the Law on foreclosure and receivership is completed.

The Introductory Act to the Civil Procedure Code ( EGZPO ) contains some edge regulations particularly transitional provisions that were due in particular to the law on the reform of civil procedure of 27 July 2001 and the Euro conversion.

Structure

From the table of contents of the Code of Civil Procedure, the following system is guaranteed: Book 1 - General provisions

Book 2 - proceedings at first instance

Book 3 - Appeal

Book 4 - retrial Book 5 - certificate and change process Book 6 - Proceedings in Family Matters fell off September 1, 2009 and shall continue only for old procedures; is now regulated in FamFG

Book 7 - dunning Book 8 - Levy

Book 9 - array method falls away on September 1, 2009 and is then regulated in FamFG. Book 10 - Arbitration Judiciary method

Book 11 - Judicial cooperation in the European Union

Europe

The civil litigation is traditionally autonomous (national ) law.

However, the plays because of the increasing economic network due to the legal basis of Article 61 lit. c ) in conjunction with Article 65 of the EC decision given secondary European legislation (see International Civil Procedure Law ( EC) ) in the field of judicial cooperation in civil matters an ever more substantial role. Thus, the following regulations in the field of civil procedure are given, among other things:

• Regulation ( EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ( Brussels I also, Brussels I and Brussels I Regulation called ) of 22 December 2000
• Regulation 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and procedures (also called EheVO -II and Brussels IIa Regulation (EC ) No 27 November 2003 parental responsibility, replacing the EC Regulation No. 1347/2000)
• Regulation ( EC) No 1393 /2007 of 13 November 2007 on the service of judicial and extrajudicial documents in civil and commercial matters in the Member States (the " service of documents" ) and repealing Regulation ( EC) No 1348 /2000 of the Council (also called EuZVO )
• Regulation (EC ) of the Council of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters No 1206/2001
• Regulation ( EC) No 805/ 2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims
• Regulation ( EC) No 1896/ 2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure
• Regulation ( EC) No 861/ 2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure