Simple clause

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The simple clause ( § 724 , § 725 ZPO ) is the most common type of enforcement clause , which is placed on a title (e.g. judgment) so that this title can be foreclosed. It is issued by the clerk of the office in the clause issuing procedure. It must be distinguished from the qualified clause issued by the Rechtspfleger.

requirements

  1. Request of the obligee
  2. title
    1. formal title
    2. enforceable title (e.g. a final judgment or judgment that has been declared provisionally enforceable)
    3. enforceable, specific content of the title
  3. No case, § 726 to § 729 ZPO, as otherwise a qualified clause would exist.

literature

Lüke, Wolfgang : Civil Procedure Law , 8th edition, Verlag CH Beck, Munich 2003, ISBN 3-406-49534-6