Substitute performance
Substitute performance is generally the performance of an owed act instead of the person obliged to act at his expense. It is a means of enforcing judicial or administrative orders. In the case of substitute performance , a distinction is made between self-performance , in which the ordering authority carries out the action itself, and third-party performance , in which a third party is instructed by the enforcement body to carry out the owed action in its place at the expense of the obliged entity.
- Example: A property owner refuses to obey the order of the public order office to remove a rotten tree threatening pedestrians. The said authority then hires a horticultural company to professionally cut the tree at the expense of the property owner. The authority makes an advance payment , but can claim back the costs incurred from the property owner.
The prerequisite for a substitute performance is that the act can even be performed by someone else, that is, that it is justifiable in legal parlance . If the act can only be carried out by the obligated party himself (unacceptable act) , as is typically the case with an obligation to provide information , because only the obligated party is able to reveal his knowledge, then there is no substitute action, only the imposition of Coercive means ( coercive payment or a replacement for compulsory detention ) in accordance with §§ 11 ff. VwVG. The prerequisite for this is a written threat of the means of coercion, setting a deadline for performing the unjustifiable act.
Individual evidence
- ↑ §11 VwVG. In: dejure.org. Retrieved October 6, 2019 .
- ↑ BeckOK VwVfG / Deusch / Burr VwVG § 16 Rn. 1-11. Retrieved August 12, 2019 .
- ↑ BeckOK VwVfG / Deusch / Burr VwVG § 13 Rn. 1-34. Retrieved August 12, 2019 .
