Restitutio ad integrum

Re-establishment of rights, pretty Latin restitutio in integrum, is a term from the procedural law.

From re-establishment of rights ( Switzerland: "restoration" ) is used when a party to the proceedings has failed certain deadlines innocently or with only a slight fault, but will be provided ( at his request, as a rule) as if he had the deadline is not missed: but he has to make up the relevant procedural step in the reinstatement period.

• 2.1 Administrative Procedure
• 2.2 Civil Procedure

Germany

In Germany, the re-establishment of rights for the judicial process is regulated:

• For the civil process in § § 233 ff ZPO ( Code of Civil Procedure )
• For the criminal in § 44 Code of Criminal Procedure ( Code of Criminal Procedure )
• For the management process in § 60 Code of Administrative Procedure ( Administrative Court Procedure )
• For social justice in § 67 SGG ( Social Court Act),
• For the financial jurisdiction in § 56 FGO ( Finanzgerichtsordnung ).

Administrative procedures ( Germany )

For regulatory administrative procedures for the reinstatement in § 32 of the Administrative Procedure Act ( Administrative Procedure Act ) and in the 16 administrative procedure laws of the countries as well as in various special laws is normalized (see below).

The re-establishment of rights requires an application of the party, in rare cases, they may also be granted ex officio. The request must be made within the respective period fixed by law (pursuant to § 234 paragraph 1 sentence 1 CCP basically two weeks or according to § 234 para 1 2 ZPO a month ago on the grounds of appeal ) provided ( Criminal Law: one week in accordance with § 45 paragraph 1 CPC ) from removal of the cause; particularly from the date from which one finds the failure to meet deadlines.

The omitted act ( ie, for example, the notice of appeal ) must be made up within the two-week period (usually simultaneously with the application for restitutio ).

The reinstatement shall be granted only if the party missed the deadline through no fault, they so despite the necessary care could not keep. Whether this is the case depends very much on the individual case and can not generally be said. The facts forming the basis for the reinstatement, so the fault exclusionary circumstances must be shown before the deadline and made ​​credible to the decision on the application. Unlike in criminal proceedings, the party must be in the civil process fault their agent (usually so her lawyer, but not the servants of the lawyer ) leave at clerical error pursuant to § 85 para 2 CCP attributed.

Reinstatement application

The request for re -establishment of rights must be made ​​in good time. It must include a substantiated content, coherent in itself representation of all relevant facts within the reinstatement period. The substantiation must be carried out by so-called evidence -present, so that mere proof footing eg by witnesses are not sufficient. When lawyers that requires the positive presentation and substantiation of the period the organization, its monitoring and the error cause. Exceptionally, the re-establishment of rights of ex officio (ie without application ) to check if caught up in force for the reinstatement period, the omitted act and the reinstatement reasons are demonstrated.

Beginning of the period

The reinstatement period begins from the failure. This knowledge begins for legal and tax advisors with receipt of the letter, with the date of receipt of a timely safeguarding the letter by the Authority or the court is notified. One instruction on the Fristversäumung shall not be required for this period starts.

Clerical error

Only clerical error comes reinstatement of rights into consideration. A clerical error is present only when there is no organization at fault, so sufficient time control exists from the consultant and the office force was sufficiently qualified and controlled.

Of organization and consultants fault

A reinstatement is ruled out if the advisor has acted culpably. This is always the case when it has no proper organization and time period control and it is thereby come to Fristversäumung. A consultant fault is when he himself - that is not the carefully selected and controlled office worker - has calculated the time wrong. It is also present if he has acted culpably by example unqualified personnel as a trainee has assigned the deadline without checking it yourself or have them check carefully by qualified personnel. Then the counselor ( solicitor, accountant, etc.) is at fault. This is no longer a clerical error. Re-establishment of rights is eliminated.

Even against the involuntary failure to comply with the reinstatement period may be granted reinstatement.

Individual cases of reinstatement

The Court has granted reinstatement for example in the following cases:

Is precluded

• Longer holidays (however, if already a legal dispute is being made or is to be feared, the vacationer must take precaution that he learns of important deliveries and can take the necessary )
• Serious illness, which also makes the obtaining legal advice and appointment of a proxy impossible
• Incorrect or unclear rights of appeal.

Overview of legislation

Other sites for the re-establishment of rights are:

• § 93 Federal Constitutional Court Act ( Federal Constitutional Court Act)
• § 26 GVGEG ( Introductory Act to the Judicature Act )
• § § 17 et seq FamFG ( Law on the Procedure in Family Matters and in Matters of Voluntary Jurisdiction )
• § 117 FamFG ( reference to the Code of Civil Procedure )
• § 367 FamFG ( referring to § § 17 et seq FamFG )
• § 59 FamGKG ( Law on legal costs in family matters )
• § 68 GKG ( Court Fees Act )
• § 31Vorlage: § / Maintenance / buzer KostO ( costs order )
• § 2 JVEG ( Judicial Remuneration and Compensation Act )
• § 33 RVG ( Rechtsanwaltsvergütungsgesetz )
• § 52 Administrative Offences Act ( Code of Administrative Offences )
• § 112 of the Prison Act ( penal law )
• § 105 GBO ( Grundbuchordnung )
• § 6b BNotO ( Bundesnotarordnung )
• § 186 Insolvency ( Bankruptcy Act )
• § 123 of the Patent Law (Patent Law )
• § 91 Trademark Act ( Trademark Act )
• § 34 ArbnErfG (Law on Employees' Inventions )
• § 7 UrhSchiedsV - Regulation on the arbitration board for copyright disputes
• § 25 SchiedsG - law on arbitration in the communities
• § 210 Building Code - Building Code ( Administrative Procedure )
• § 218 Building Code - Building Code ( proceedings before the Chambers for land matters)
• § 27 SGB X - Tenth Book of the Social Code
• § 110 AO - Tax Code
• § 1 fiscal amnesty - amnesty act (Act on the promotion of tax compliance )
• § 341 LAG - Compensation Act
• § 189 BEG - Federal Compensation Law (Federal Law on compensation for victims of Nazi persecution )
• § 8 change to tram Nr - Third Act Monetary Reform

All of the above laws contain formulated provisions on reinstatement, some with identical wording, partly in each with its own formulation.

That also satisfies a simple referral, show the following sites:

• § 9 ArbGG - Arbeitsgerichtsgesetz
• § 87 ArbGG - Arbeitsgerichtsgesetz
• Art 2Vorlage. Kind / Maintenance / buzer BGB - Introductory Act to the Civil Code
• § 4 GBMaßnG - Law on Measures in the field of cadastre
• § 21 GebrMG - Utility Models Act
• § 11 HalblSchG - Semiconductor Protection Act
• § 20 LwVfG - Law on the judicial process in agricultural matters

Expressly excluded is a re-establishment of rights in the following cases:

• § 120d SGB VI - The Sixth Book of the Social Code
• § 2 BGSVVermG - Law Governing Assets of social security systems in the acceding territory
• § 85 ALG - Law on social protection of farmers
• § 34 ErstrG - Extension Act (Act on the extension of intellectual property rights )
• § 54 BWahlG - Federal election law
• § 8 BoSoG - Floor segregating law (Law on the separation and reasonable non- built-over land according to the map )
• Limitation
• Regulatory deadlines, which can be extended otherwise (eg, deadline for submission of documents to the tax office ).