Party by virtue of office
The party by virtue of office conducts legal proceedings in its own name over a foreign law. As parties by virtue of office the act executor ( §§ 1981 et seq. BGB ), the executor ( § 2197 BGB) and the insolvency administrator ( §§ 56 ff. Insolvency Act ), as well as the seizure lien creditors. In the first two cases, the owner of the right is the heir , in the third case the bankruptcy debtor and in the fourth case the pledger .
The process aid for a party by virtue of office is in § 116 Civil Procedure regulated (ZPO). This is granted to the party by virtue of his office on application if "the costs cannot be raised from the assets under management and the economic participants in the subject of the dispute cannot be expected to raise the costs".
