Writ of execution

An Enforcement in the Federal Republic of Germany is a legal arrangement for payment or to perform an action ( eg publication of a thing ), toleration or omission (eg, abusive language ), its presence is one of the requirements for the admissibility of foreclosure.

The main enforcement are enforceable judgments, orders, enforcement orders, court settlements and enforceable authentic copies of notarial deeds. For the ability to enforce judgments from before their legal force, there are detailed rules for provisional enforcement.

Enforcement Efficient content

The enforcement order must be determined, that is, he has to the parties ( creditors and debtors ) and the content, nature and extent of the benefit due specify precisely. If the title is not clearly determined, which the debtor must pay or condone, can not be enforced from him. The debtor may apply to the court that the enforcement of such a title is declared inadmissible ( § 767 Code of Civil Procedure analog).

List of Enforcement

From which enforcement orders enforcement can be operated, is given by

• Code of Civil Procedure ( ZPO)

• Various other laws, including § 201 para 2 Insolvency
• The foreclosure law
• The Insolvency Act
• The Administrative Procedure
• The Social Courts Act

• Examples of enforcement outside the Code of Civil Procedure

Foreign Enforcement

Unique requirements of the enforcement of foreign Enforcement. This must often be preceded by a so-called exequatur before they are recognized domestically and Enforcement. By Article 5 EuVTVO each exequatur procedure was for such a European Enforcement Order, which are undisputed, abolished, which, however, may be constitutionally problematic.