Registered mail
Sending a letter by registered mail ( French Recommandé , in Austria also Rekommandation , short Reko ) is a special form of letter mail. An essential feature is the proof of delivery of the letter for the sender .
Germany
Providers of universal postal services in accordance with the Universal Postal Service Ordinance (PUDLV) are obliged to transport registered mail in accordance with Section 1 (2) number 1 PUDLV. According to the text of the regulation, these are defined as letters that are insured against loss, theft or damage and are handed over against confirmation of receipt.
Even smaller parcels can be sent as registered mail at Deutsche Post AG.
Registered mail
When registered throw is a special form of writing that is offered by the Deutsche Post AG since September 1, 1997th No signature is required from the recipient for delivery; the deliverer throws the shipment into his mailbox and documents this process with his signature on the delivery receipt. This ensures for the sender that the letter has arrived. The recipient does not have to be informed when or that the registered mail was posted. Legally, such a registered letter does not meet the requirements for formal service , so that formal service cannot be proven in court. Nevertheless, at least prima facie evidence is provided by the registered mail . In addition, the acceptance of a registered mail cannot be refused, since the addressee cannot prevent the mailer from dropping the shipment in the mailbox. This form of registered mail is useful if deadlines have to be met.
Registered delivery
Registered mail without any additional service, also known as registered delivery, is only handed over to the recipient in return for a confirmation of receipt in the form of a signature. The sender does not receive any embodied feedback in the form of a return receipt, but can see the delivery note via the shipment tracking. The recipient is not obliged to accept the shipment. In this case, the shipment will be returned to the sender. The same applies if a recipient who was not found does not collect the shipment within 7 working days after the delivery attempt from the place where the registered mail is deposited. This type of shipment is associated with risks for the sender, as there is no guarantee that the recipient will actually receive the shipment. A groundless refusal of acceptance can, however , trigger an access fiction according to § 130 , § 242 BGB.
Registered letter with acknowledgment of receipt
If the mail is sent by registered post with a return receipt, the sender receives a confirmation of receipt with the recipient's signature on the return receipt. Registered mail can only prove that an envelope was sent and when it arrived at the recipient; Whether the envelope contained a document and if so which one cannot be verified. This limits the probative value of a registered letter, e.g. B. for a court case. Nobody is obliged to accept a registered mail or pick up a deposited one. This means that a deadline may even be missed because the registered mail is returned to the sender after a week. However, registered mail cannot be refused. It makes sense when deadlines have to be met. A court can also use a certificate of service. If the content of the envelope is also important for the private person, it is better to have it served by the bailiff . It is similarly problematic with a fax and the associated transmission protocol. Here the transmission log is at most an indication that a fax has been sent. It does not prove whether the recipient has received it properly (in terms of content).
Confirmation of shipment
Post employees are no longer authorized to confirm that a specific document was sent by registered mail. In the past, the sender could bring a copy with them, the employee was allowed to compare the documents and put the original in an envelope himself, in order to then confirm the dispatch with a stamp and signature on the copy. Because of the time required, this additional service was only granted at the employees' own discretion. To cease this authorization, Deutsche Post informs:
“Our company is not interested in additionally documenting the content of the program. This would mean a breach of the postal secrecy enshrined in the Basic Law. In addition to the sender, recipients and possible substitute recipients were given information about the content of the shipment. One or more employees of our company would also have to be informed of the content when the shipment is posted. "
Registered mail as a sales product
Since the beginning of 2007, Deutsche Post has also been offering registered mail as a sales product. The customer buys a registered sticker for the shipment in advance in a branch and pays for the service. This form of registered mail cannot be combined with other additional services. You can also post them outside of opening hours, for example in a mailbox . In addition to the registered label, the items must be franked with the regular postage for the respective letter format. Since mid-2013, there have also been 10 or 50 packs for registered mail, registered mail and registered mail with acknowledgment of receipt, which then no longer have to be posted in the branch, but can be thrown into the nearest mailbox. The situation is similar with the 50 label blocks and 500/1000 label rolls, which can be ordered online free of charge. However, these have not yet been franked and each registered letter must therefore be supplemented accordingly in addition to the postage .
Additional services
Other variants are:
- Additional service by hand : The delivery is only made to the recipient or his specially authorized representative.
Electronic form
There are various standardization efforts to implement this concept online (e.g. digital postmarks , online services computer interface , electronic delivery in Austria).
liability
Deutsche Post AG assumes liability of up to 20 euros (registered mail) or up to 25 euros (registered mail) if a registered mail is lost or damaged . So only limited damages are paid. Only the specific property damage - value of the content - will be replaced, but not so-called consequential damage, such as B. missed orders, economic consequences of not giving notice, etc.
For items whose value exceeds these limits, we therefore recommend sending them as a postal package , for which Deutsche Post AG is liable for up to 500 euros. In the past, sending as insured letter was an alternative, here the Deutsche Post AG was also liable for up to 500 euros (only up to 100 euros for cash); it was abolished in the national mail service in November 2010 and is only possible in international mail. In the meantime, however, the national insured letter has been reintroduced as a special form of registered mail for € 3.95 + € 1.80 each for the additional services acknowledgment of receipt or personal delivery with the same liability limits as the parcel. A large letter with the national VALUE option costs € 6.40 and is more expensive than the package up to 2 kg (€ 4.99).
Evidential value
The receipt of the posting of the registered mail only proves that a registered mail was posted. The case law has consistently declined to make it easier for the sender to provide evidence with prima facie evidence . The receipt signed by the recipient establishes the assumption that a shipment was delivered on the date stated in the return receipt.
In the case of registered mail, most courts nowadays also accept prima facie evidence, provided that the posting of the item in the recipient's mailbox has been properly documented (submission of the posting receipt together with the reproduction of the delivery receipt); in the event of a dispute, evidence of this can be obtained by questioning the deliverer as a witness.
Alternatives for provable delivery of a document with a certain content are delivery by a bailiff according to § 132 BGB, which anyone can commission, and personal delivery (dropping in the mailbox or direct delivery) in the presence of a witness or by a commissioned messenger.
Switzerland
In Switzerland, domestic registered letters were called “Lettre signature” (LSI) for a few years; At the beginning of April 2006, the more common name "Registered" was reintroduced. Registered letters are also referred to as “Chargé” within the Post. As in Germany, a receipt is issued for the mailing of the letter and the delivery takes place only against a signature. After registering online with Swiss Post, registered letters can also be posted and received at the MyPost24 parcel machine . The "return receipt" and "personal delivery" options are also offered. In addition, Swiss Post also uses a track & trace process via the Internet.
Court documents
Judgments, summons, orders, etc. are sent as a " court document " (GU). After delivery, the sender receives the confirmation of receipt signed by the recipient. It is therefore a subtype of registered mail with acknowledgment of receipt.
Electronic form
In the administrative environment for electronic registered mail as a sub-form of secure messaging , Switzerland requires accreditation as a "secure transmission platform"
Austria
A registered item will only be handed over against the signature of the respective recipient. In addition, the path of a registered mail can be traced with the help of a registration number. Some shipments are so confidential that they should only be given to certain people. There are two additional services for "personal delivery" (the shipment is only given to the recipient or an authorized postal agent) and "not to authorized postal agents" (only to the recipient himself and not to an authorized postal agent).
In Austria, the registered labels are also called Rekoicket , but are actually called registered stamps or registered labels. Otherwise, what has been said above essentially applies to registered items sent by private individuals or companies.
In Austria, a distinction is made between post deliveries from authorities or courts
- RSa letter - items that only the addressee may accept, and
- RSb-Brief - items that can also be accepted by spouses or relatives living in the household .
The RSa and RSb letters are regulated by the Austrian delivery law, are not returned items and can only be used by authorities or offices as well as courts (in contrast to simple registered letters or registered letters with return receipt or the usual return receipt letter).
A judgment of the Supreme Court of March 30, 2009 ( GZ 7Ob24 / 09v) states that proof of sending a registered letter does not already provide proof of access. In order to avoid difficulties in providing evidence, the option of registered mail with acknowledgment of receipt is seen.
literature
- Heinz Kunze: Registered and insured letters from Leipzig until 1945 . Bund Dt. Philatelists, Soest 1992, 26 p.
See also
Web links
- Information from Deutsche Post
- Information from Austrian Post
- Information from Swiss Post
- Information from the Liechtenstein Post
Individual evidence
- ↑ Federal Administrative Court judgment of September 19, 2000, Az. 9 C 7/00, In: NJW . 2001, p. 458.
- ↑ Communication from Central Customer Service dated September 29, 2011.
- ↑ Registered mail FAQ website of Deutsche Post. Retrieved November 13, 2015.
- ↑ For your important letters: registered mail. Deutsche Post AG, accessed on March 9, 2019 .
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↑ Compare insured letters - secure shipping for valuable letters. Deutsche Post AG, archived from the original on February 9, 2010 ; accessed on May 5, 2019 . with
insured letter - secure shipping for valuable letters. Deutsche Post AG, archived from the original on December 24, 2010 ; accessed on May 5, 2019 . - ↑ Sending cash and valuables by post: Deutsche Post is launching the new WERT National service
- ↑ Judgment of BGHS, BGHZ 24, 308; Palandt, BGB, § 130, marginal number 21
- ↑ Palandt, BGB, § 10, marginal number 21
- ↑ judgment of the Supreme Court of 27 September 2016 - II ZR 299/15 - paragraph. 20 ff.
- ↑ Judgment of the Cologne Regional Labor Court of August 14, 2009, with a description of the state of opinion on: justiz.nrw.de , accessed on January 7, 2012.
- ↑ How to deliver notices legally secure? . May 15, 2014. Accessed on December 31, 2014: “If you decide to post it in the mailbox, you should definitely take a witness with you who can confirm the insertion. The witness has to see the objection with his own eyes in order to really be able to confirm it in court. "
- ↑ Swiss Post - Prepaid registered and private registered mail
- ↑ Court documents - Timely delivery of court documents. Swiss Post, accessed on November 13, 2015 .
- ↑ See ISB approval ( Memento from April 16, 2010 in the Internet Archive ).
- ↑ Österreichische Post AG - letters and additional services.
- ↑ Supreme Court decision text 7Ob24 / 09v .
