Memory (law)

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In German law, reminder is a legal remedy that is permissible in legally defined cases against decisions and measures. The reminder regularly leads within the same instance to the judicial review of a decision that was not made by the judge or the judges themselves, but by another court official or an appointed or requested single judge.

Reminder against decisions of the Rechtspfleger

Decisions of the Rechtspfleger are fundamentally contestable with the legal remedies admissible under the general procedural regulations . If there is no legal remedy according to these regulations, the reminder takes place ( § 11 Abs. 2 RPflG) . This so-called judicial officer reminder must be submitted within the period of two weeks applicable to immediate complaints - which is an emergency period ( Section 11 (2) RPflG in conjunction with Section 569 (1) sentence 1 ZPO ). The Rechtspfleger can remedy the memory , that is, he can change his decision in the interests of the person who contested it. The judicial officer submits memories that he cannot remedy to the judge for decision. In addition, the rules on complaints apply to the reminder.

Reminder against decisions of the commissioned or requested judge or the clerk of the registry

The application to bring about a decision by the court against decisions of the commissioned or requested judge ( § 361 , § 362 ZPO) or the clerk of the office is referred to in the law as a reminder ( § 573 ZPO). The reminder must be submitted in writing or for the minutes of the office within an emergency period of two weeks.

Reminder against the manner of foreclosure

This remedy, also known as an enforcement reminder , leads to a decision by the enforcement court if applications , objections and reminders concern the type and manner of enforcement or the procedure to be followed by the bailiff during enforcement or the bailiff refuses, for example, to take on an enforcement order ( Section 766 ZPO). The appeal can be filed without observing a deadline.

In the substantive law reasoned objections to the enforcement of defensive action to pursue.

Reminder against issuing the enforcement clause

The court whose office issued the enforcement clause decides on objections by the debtor that concern the admissibility of this clause ( Section 732 ZPO).

Reminder against the cost approach

The court that applied the costs decides on reminders of the debtor and the state treasury against the cost estimate ( Section 66 GKG, Section 57 FamGKG , Section 81 GNotKG ). This reminder is not tied to any deadline.

Reminder against the determination of legal aid and advisory aid

After granting legal aid or advice , the state treasury pays the lawyer a fee, the amount of which is determined by the clerk of the court. A lawyer or state treasury has the opportunity to file a reminder against this determination and to bring about a judicial decision, Section 56 of the Lawyers' Remuneration Act . The reminder is free of charge.

Reminder against the denial of counseling assistance

If the court does not issue a requested authorization certificate for counseling assistance , a judicial decision can be brought about with the reminder in accordance with Section 7 Counseling Assistance Act. The reminder is possible for an unlimited period in these cases due to Section 24a (2) RPflG.

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