Law to reform the clarification of facts in foreclosure
| Basic data | |
|---|---|
| Title: | Law to reform the clarification of facts in foreclosure |
| Abbreviation: | ZwVollStrÄndG (not official) |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Issued on the basis of: | Art. 74 para. 1 no. 1 GG |
| Legal matter: | Foreclosure law |
| Issued on: | July 29, 2009 ( BGBl. I p. 2258 ) |
| Entry into force on: | August 1, 2009 and January 1, 2013 |
| Last change by: |
Art. 18 G of 23 May 2011 ( Federal Law Gazette I p. 898, 919 ) |
| Effective date of the last change: |
June 18, 2011 (Art. 20 para. 1 G of May 23, 2011) |
| GESTA : | C064 |
| Weblink: | Text of the ZwVollStrÄndG |
| Please note the note on the applicable legal version. | |
By law reforming the examination of the facts in the foreclosure was German law enforcement renewed in important respects as of January 1, 2013. In particular, the law simplified the enforcement of claims and separated the clarification of the facts from the legal consequences of an unsuccessful enforcement. It made it easier for the creditor to obtain information and modernized and centralized the procedure and the keeping of debtor registers.
content
The law to reform the clarification of facts in foreclosure is an article law that changed the civil procedure code (ZPO), the tax code (AO) and numerous other laws, but has no separate regulatory content. It consists of six articles.
Change in the code of civil procedure
Article 1 contains fundamental changes to the Code of Civil Procedure. The §§ 806b, 813a and 813b ZPO were deleted, the §§ 802a – l and 882b – h ZPO were inserted.
- Section 802a ZPO: principles of enforcement; Regular powers of the bailiff
- Section 802b ZPO: The bailiff should work towards an amicable settlement of the matter in every phase of the foreclosure procedure. In the event of a payment agreement between the creditor and the debtor, enforcement will be postponed.
- § 802c , § 802d , § 802e , § 802f ZPO: asset information of the debtor
- § 802g , § 802h , § 802i , § 802j ZPO: compulsory detention
- § 802k ZPO: keeping the property registers by the central enforcement courts
- Under certain conditions, the creditor can also obtain information from third parties through the bailiff. For this purpose, § 802l ZPO was introduced. This regulation stipulates the bailiff's right to information from the pension insurance institutions , the Federal Central Tax Office and the Federal Motor Transport Authority . For data protection reasons , however, the right to information does not exist until the claim is at least 500 euros.
- The §§ 882b-882H ZPO contain detailed provisions for credit registry .
Changes to other laws
Article 2 changed Section 284 of the Tax Code (old: affidavit , new: financial report of the enforcement debtor ).
Article 3 changed the provisions of the Court Fees Act , the Law on Court Fees in Family Matters , the Bailiff Fees Act and the Lawyers' Remuneration Act, thus adapting the law on costs to the new law on enforcement.
With Article 4, a large number of laws and ordinances relating to procedural law , special administrative law and traffic law have been editorially adapted to the new provisions in the code of civil procedure. In addition, a regulation was created with Section 74a, Book 10 of the Social Code , which allows the transmission of social data for the purpose of enforcing claims under public law and in enforcement proceedings (Art. 4 (15) No. 4 ZwVollStrÄndG).
Article 5 contained transitional provisions to be observed when applying the code of civil procedure. Enforcement orders that were received by the court before January 1, 2013 were still handled according to the old law.
Come into effect
The gradual entry into force of the law was regulated by Article 6: The actual reform came into force on January 1, 2013. In contrast , the statutory authorizations contained in the law took effect on August 1, 2009. This was necessary so that the ordinances required to implement the law could be issued during the transitional period.
Background and legislative process
The law goes back to an initiative of the Federal Council . In the opinion of the regional chamber, it was necessary to fundamentally reform the law of enforcement. This law, which was in force at the beginning of the 21st century, was still shaped by the economic and social conditions that prevailed when the Code of Civil Procedure came into force in 1879. At that time it was customary to attach priority to the debtor's movable property and to sell it (so-called enforcement of the property ). A good 125 years later, the driving force enforcement had lost a lot of its importance. Usual enforcement method was the seizure and transfer of monetary claims, especially the account garnishment and wage garnishment. However, this required a financial report from the debtor, which in turn was only required after an unsuccessful attempt at attachment. This procedure was legally necessary, but meant a loss of time and additional costs for the creditor. In addition, practice has shown that debtors often gave insufficient or deliberately incorrect information about their assets. These inadequacies should be eliminated by the Reform Act.
In the summer of 2008, the Federal Council presented a corresponding draft law, which was then passed on by the Federal Government to the Bundestag . The German Bundestag passed the law on June 18, 2009; the Federal Council approved the draft law on July 10, 2009. On July 31, 2009 the law was promulgated. Individual provisions of the law came into effect on the following day. However, the main part of the law did not come into force until January 1, 2013. It was necessary to delay the reform for more than three years because the federal states first had to set up the central enforcement courts . In addition, the technical requirements for electronic data transmission had to be created.
literature
- Frank-Michael Goebel: The reform of the investigation: attachment and property information (disclosure proceedings) under new conditions . 1st edition. Deutscher Anwaltverlag, 2012, ISBN 978-3-8240-0932-9 .
- Stefan Mroß: Lawyers have to relearn: New options in foreclosure . In: Lawyer Gazette . tape 1 , 2013, p. 16–22 ( PDF; 156 kB ).
- Gregor Vollkommer: The reform of the clarification of facts in foreclosure - an overview . In: New legal weekly . 2012, p. 3681 ff .
- Claudia Sturm: The amicable settlement procedure . In: The Legal Office . 2012, p. 624 ff .
- Claudia Sturm: The determination of the debtor's whereabouts . In: The Legal Office . 2012, p. 627 ff .
Web links
Individual evidence
- ↑ Bundestag printed paper 16/10069 of July 30, 2008.
