Qualified Clause
In contrast to a simple clause, a qualified enforcement clause is a special type of clause that is used in the clause granting procedure according to § 20 No. 12 RPflG is not issued by the clerk of the office , but by the Rechtspfleger , so that foreclosure can be carried out from a title (e.g. a judgment).
The qualified clause is required if, in addition to the requirements of the simple clause ( § 724 , § 725 ZPO ), there are qualified conditions for granting ( § 726 and § 727 to § 729 ZPO).
A distinction is made between the qualified clauses:
- Title supplementary clauses according to § 726 ZPO, in which the enforcement after the judgment depends on the occurrence of another fact and
- Title rewriting clauses according to § 727 to § 729 ZPO, where there will be legal successions on the creditor or debtor side after the judgment.
literature
- Wolfgang Lüke : Law of Civil Procedure. 8th edition. Verlag CH Beck, Munich 2003, ISBN 3-406-49534-6 .
