Enforcement Court
The enforcement court carries out the order of enforcement acts assigned to the courts and the participation in such.
Jurisdiction
Material jurisdiction
The tasks of the enforcement court usually belong to the jurisdiction of the local courts ( Section 764 (1) of the Code of Civil Procedure (ZPO)). When executing the arrest , the arrest court (district court or regional court ) is the enforcement court ( Section 930 (1) sentence 3 ZPO).
Local jurisdiction
Unless the law specifies another district court, the district court in whose district the enforcement proceedings are to take place or has taken place is to be regarded as the enforcement court . The administration of lists of assets is carried out by a central enforcement court ( § 802k ZPO ).
For foreclosure and sequestration of the property , the District Court has jurisdiction, the property is situated in the district. These proceedings can also be assigned to one district court for the districts of several district courts by means of a statutory ordinance .
According to § 171b ZVG, the district court of Braunschweig is responsible for the foreclosure auction of aircraft , as the Federal Aviation Office is based in Braunschweig .
Functional responsibility
The business of the enforcement court is transferred to the judicial officer ( § 3 , § 20 RPflG ). However, the judge reserves the right to decide on memories against the manner of enforcement, as well as the ordering of detention or the search of an apartment .
decision
The enforcement court decides by order . The decision is the appeal of appeal to appeal.
Individual evidence
- ^ Rayner Jankowski: Foreclosure Auction 24 - Real Estate - Ships - Aircraft Handbook for Bidders . 3. Edition. Rhombos, Berlin 2007, ISBN 978-3-938807-61-3 , pp. 157 .
