The register right includes the norms and rules relating to the process and the remedies in the public registers as official lists legal operations (z. B. commercial register , land register , Patents or Association Register ) and serves the legal security.
Since these are largely processes in the area of precautionary administration of justice and thus voluntary jurisdiction , the procedure is generally only carried out on the initiative of the legal entities involved . The concept of (register) registration plays a fundamental role here. It is both a procedural application and a factual presentation (cf. § 23 FamFG). It is a unilateral procedural declaration (not: declaration of intent ) to the registry court . Since there is no declaration of will, it cannot be challenged because of a lack of will . Section 181 of the German Civil Code (BGB) is not applicable as the declaration is made to the registry court.
The registration becomes effective when it is received by the registry court. Since registrations based on the Register Procedure Acceleration Act (RegVBG) are now generally made electronically via the EGVP ( electronic court and administrative mailbox ), this is usually the time when the electronic document is on the server operated for the court for the purpose of receiving electronic documents has been received. The factual presentation contained in the registration must be correct.
Party to the proceedings
Participants in the proceedings:
- Applicant (§ 7 Abs. 1 FamFG)
- those directly legally affected (Section 7 (2) No. 1 FamFG)
- Representative (e.g. § 10 FamFG: lawyers , notaries, etc.)
- the certifying notary (§ 378 FamFG)
The registry court examines and hears competent bodies (Section 380 (2) FamFG), e.g. B. the Chamber of Commerce and Industry (IHK). It can issue interim rulings to remedy deficiencies (Section 382 (4) FamFG), set deadlines and, if necessary, suspend the procedure (Sections 381, 21 FamFG). The registry court then either enters the subject of the registration (Section 38 (1) FamFG in conjunction with Section 382 FamFG) or rejects the application.
The following legal remedies are available against the relevant decisions of the court (rejection order, interim ruling):
- Complaint, §§ 58ff., 382 Abs. 3 and 4 FamFG at the court of origin (§ 64 Abs. 1 FamFG), deadline: one month (§ 63 Abs. 1 FamFG) from notification (§ 63 Abs. 3 FamFG)
- Legal complaint (Section 70 FamFG)
- Jump right complaint (§ 75 FamFG)
- Complaint against the decision of rejection regarding a request for clarification or correction of an entry
- Approval procedure against the refused entry of a domination and profit transfer agreement (Section 246a AktG)
- Reminder (§ 11 RPflG)
In current international declarations on economic growth , legal certainty in particular with regard to public registers (land register, company register, etc.) is seen as crucial for sustained positive developments.
- Alexander Krafka: Introduction to register law. 2nd, revised edition. Munich 2008, ISBN 978-3-406-57607-2 .
- Alexander Krafka, Ulrich Kühn, Theodor Keidel, Hans Schmatz, Helmut Keidel, Kurt Stöber, Heinz Willer: Registration rights. 9th, revised edition. (Handbuch der Rechtsspraxis, Vol. 7), Munich 2013, ISBN 978-3-406-64948-6 .
- Eckhart Gustavus: Commercial and Register Law. 4th, completely revised edition. (Rechtspfleger study books, Vol. 2), Bielefeld 2001, ISBN 3-7694-0598-6 .
- Eckhart Gustavus, Walter Böhringer, Robin Melchior: Registrations in the commercial register. Guide with overviews and jurisprudence guidelines on register law. 7th, revised edition. Cologne 2009, ISBN 978-3-504-45517-0 .
- Martin Schmidt-Kessel, Gerd Leutner, Peter-Hendrik Müther: Commercial register law. Sections 8-16 HGB, 378-401 FamFG, Commercial Register Ordinance with brief descriptions of foreign company and register law. Commentary , (Beck's short comments, Vol. 61), Munich 2010, ISBN 978-3-406-56205-1 .
- See judgment of the Munich Higher Regional Court on the correction in the commercial register, in: Rpfleger (Der deutsche Rechtspfleger) 2011, p. 91ff
- cf. in addition u. a. Hall, Jones: Why do some countries produce so much output per workers than others? in The Quarterly Journal of Economics (1999), vol. 114, No 456, pp. 83-116; Rodrik, Subramanian, Trebbi Institutions Rule: The Primacy of Institutions over Geography and Integration in Economic Development. (2002), Kennedy School of Government, Harvard University; Easterly, William (2005): National policies and economic growth: A reappraisal. In: Philippe Aghion, Steven Durlauf (eds.): Handbook of Economic Growth. Elsevier, ch. 15th