Clause issuing procedure
The clause issuing procedure is part of the clause procedure in which the clerk of the office according to Section 724 et seq. Of the Code of Civil Procedure (ZPO) the simple enforcement clause or the Rechtspfleger issues a qualified enforcement clause so that a title (e.g. judgments) can be enforced against the debtor. The clause granting procedure is neither part of the cognitive procedure (which ends with the judgment) nor of the enforcement procedure, for the beginning of which it creates the conditions (namely the enforcement clause). So it is neither a legal dispute nor a foreclosure matter , but a civil litigation matter .
Remedies in the clause granting procedure are:
- Reminder of the debtor against the issuance of the simple or qualified enforcement clause (so-called clause reminder according to § 732 ZPO or § 11 para. 1 RPflG , § 732 ZPO)
- Temporary reminder of the obligee against the rejection of the simple enforcement clause by the clerk of the office ( § 573 Abs. 1 ZPO)
- Immediate complaint by the obligee against the rejection of a qualified enforcement clause by the Rechtspfleger ( § 11 Abs. 1 RPflG, § 567 ZPO)
- Complaint against rejection of the enforcement clause by the notary in the case of a notarial deed ( § 54 BeurkG )
- Clause granting action ( § 731 ZPO)
- Clause counterclaim ( § 768 ZPO)
