Law on the Matters of Voluntary Jurisdiction
| Basic data | |
|---|---|
| Title: | Law on the Matters of Voluntary Jurisdiction |
| Abbreviation: | FGG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Procedural law |
| References : | 315-1 a. F. |
| Original version from: | May 17, 1898 ( RGBl. P. 189) |
| Entry into force on: | January 1, 1900 (Section 185 FGG) |
| New announcement from: | May 20, 1898 (RGBl. Pp. 369, 771) |
| Last change by: |
Art. 6 G of March 12, 2009 ( BGBl. I p. 470, 479 ) |
| Effective date of the last change: |
March 18, 2008 (Art. 8 G of March 12, 2009) |
| Expiry: | September 1, 2009 (Art. 112 para. 1 G of December 17, 2008, Federal Law Gazette I p. 2586, 2743 ) |
| Please note the note on the applicable legal version. | |
The Act on Matters of Voluntary Jurisdiction ( FGG ) was the fundamental procedural law of voluntary jurisdiction in Germany from 1900 to 2009 . On September 1, 2009, it was replaced by the Law on the Procedure in Family Matters and Matters of Non-contentious Jurisdiction (FamFG).
The FGG contained in its first section (§§ 1–34 FGG) general provisions on the procedure and on legal remedies against court decisions . In the other sections there were special regulations for individual matters of voluntary jurisdiction, e.g. B. the care procedure and the placement procedure .
The FGG did not constitute a comprehensive regulation of voluntary jurisdiction. Further provisions that were of importance for this were found in the Civil Code (BGB), in the Commercial Code (HGB), in the Code of Civil Procedure (ZPO), in the Courts Constitution Act (GVG), in the Rechtspflegergesetz (RPflG), in the Notarization Act (BeurkG) and in other laws. The costs in matters of voluntary jurisdiction are regulated by the cost regulations (KostO).
Replacement by the FamFG
The FGG was replaced on September 1, 2009 by the law on the procedure in family matters and in matters of voluntary jurisdiction (FamFG), whereby the legal remedies for those affected and their relatives are severely restricted. In a statement, the Federal Council expressed constitutional concerns, since the draft law interferes with the jurisdiction of the federal states by changing the assignment of tasks to municipal care authorities and youth welfare offices , but for which there has been no competence since the federalism reform. The Federal Council also criticizes the financial consequences of the newly planned legal institution of legal aid, the costs of which would have to be borne by the federal states. In the family law part of the draft law, the catalog of “family matters” is being expanded considerably, thereby considerably strengthening the jurisdiction of the family courts at the expense of the civil and guardianship courts (keyword “large family court”). Elements of the so-called Cochem model have also found their way into the design. Despite the ongoing constitutional review, the government draft was referred to the Bundestag. On February 11th and 13th, 2008, the public hearing took place before the Legal Affairs Committee of the German Bundestag . On June 27, 2008, the amended draft based on the recommendations of the Legal Affairs Committee and at the request of several parliamentary groups was adopted in the second and third deliberations and published on December 22, 2008 in the Federal Law Gazette Part I No. 61, pages 2586 ff. The reform came into force on September 1, 2009.
See also
literature
- Peter Bassenge / Herbert Roth: Law on the matters of voluntary jurisdiction, Rechtspflegergesetz. Comment . 11th edition, CF Müller, Heidelberg 2007.
- Ursula Bumiller / Karl Winkler: Voluntary jurisdiction. Law on the Matters of Voluntary Jurisdiction . 8th edition, CH Beck, Munich 2006.
- Jens Gutjahr: Reform of procedural law in family matters by the FamFG . Family-Partnership-Law - FPR 2006, p. 433 ff.
- Paul Jansen (greeting): FGG. Law on the Matters of Voluntary Jurisdiction. Big comment . 3rd vol., 3rd edition, De Gruyter, Berlin 2005/2006.
- Theodor Keidel / Joachim Kuntze / Karl Winkler (eds.): Voluntary jurisdiction. Commentary on the Law on Matters of Voluntary Jurisdiction . 15th edition, CH Beck, Munich 2003.
- Joachim Kuntze: draft bill of an FGG reform law . Practice of voluntary jurisdiction - FGPrax 2005, p. 185 ff.
- Markus Lotz: Enforcement in the voluntary jurisdiction - A systematic review of § 33 FGG with special consideration of the draft bill for the FamFG and the admissibility of the use of force against children . Düsseldorfer Rechtswissenschaftliche Schriften, Vol. 47, 2006. ISBN 978-3-8329-2252-8
Individual evidence
- ↑ Article 1 of the law on the reform of the procedure in family matters and in matters of voluntary jurisdiction (FGG Reform Act - FGG-RF) of December 17, 2008 ( Federal Law Gazette I p. 2586 )
- ↑ FTD: Zypries wants to untangle family law ( Memento from September 29, 2007 in the Internet Archive ).
- ↑ New FamG - practically no more right of appeal .
- ↑ BR Drs 309/2/07 ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. (PDF; 616 kB).
- ↑ Beck Aktuell: FGG reform announced in the Federal Law Gazette .
