Judicial Collection Act

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Basic data
Title: Judicial Collection Act
Previous title: Judicial collection regulations
Abbreviation: JBeitrG
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Administration of justice , cost law
References : 365-1
Issued on: March 11, 1937 ( RGBl. I p. 298)
Entry into force on: April 1, 1937
Last change by: Art. 6 G of April 13, 2017
( Federal Law Gazette I pp. 872, 892 )
Effective date of the
last change: 		July 1, 2017
(Art. 8 G of April 13, 2017)
GESTA : C119
Please note the note on the applicable legal version.

The Justizbeitreibungsgesetz (JBeitrG, 2016 Justizbeitreibungsordnung , JBeitrO) regulates in Germany the enforcement ( "recovery") of fines , penalties , administrative fines , penalties and court costs . It applies to the judicial authorities of the Federal as well as for the country because it is explained by laws of the countries to be applicable.

content

Section 2 of the JBeitrG determines which authority is responsible as the enforcement authority for recovery. According to § 6 JBeitrG, a number of provisions of the Code of Civil Procedure apply mutatis mutandis to enforcement . However, in the case of the enforcement of claims, the attachment and transfer order is issued by the enforcement authority. The enforcement officer takes the place of the bailiff .

According to § 7 JBeitrG, the enforcement authority applies to the responsible bailiff for the asset information to be accepted; she applies for enforcement against immovable property at the competent local court . The application replaces the enforceable debt instrument .

history

Judicial Collection Ordinance of March 11, 1937

The Judicial Collection Ordinance (JBeitrO) of March 11, 1937 was an ordinance of the Reich Minister of Justice and came into force on April 1, 1937. It continues to apply as pre-constitutional law according to Article 123 of the Basic Law . Their authorization to issue ordinances , Article 5 of the First Law on the Transition of the Administration of Justice to the Reich of February 16, 1934 and Article VII of the Second Law on Amending the Lawyers' Act of December 13, 1935, had expired. However, this does not affect the validity of the ordinance.

In 2016, the Judicial Collection Act was renamed the “Judicial Collection Act” as part of a legal adjustment and was made public in 2017.

literature

  • Karl Josef Binz / Josef Dörndorfer / Rainer Petzold / Walter Zimmermann : GKG, FamGKG, JVEG. 3rd edition, Beck, Munich 2014. ISBN 978-3-406-65680-4 . (Contains a comment by JBeitrO in Appendix II.)
  • Friedrich Lappe / Franz Steinbild: Justice enforcement regulations . Gieseking, Bielefeld 1960.
  • Robert Witte (Ed.): Judicial collection regulations and collection of property fines . 1937, reprint De Gruyter, Berlin 2017. ISBN 978-3-11-102876-7 .

Individual evidence

  1. ↑ Legal advice from the Federal Ministry of Justice of July 15, 2013 (RB1-AR-2D-21 494/2010) (PDF; 50 kB)
  2. ↑ See Epping / Hillgruber / Uhle , Beck'scher Online Comment GG, Ed. 18, Art. 129 para. 12 mwN
  3. ↑ Art. 14, Paragraph 1 of the Act implementing Regulation (EU) No. 655/2014 and amending other civil process, land register and property law provisions and amending the Judicial Collection Ordinance of November 21, 2016 ( Federal Law Gazette I, p. 2591 ).
  4. ↑ BGBl. 2017 I p. 1926 .