Enforcement title (Germany)

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Copy of a document stating the maintenance obligation

An enforcement order is in the Federal Republic of Germany an official document in which the legal arrangement to a specific payment or to a specific action (eg. As publication of a thing), toleration or omission (z. B. offensive statements) is included. Foreclosure is only possible on the basis of such a title . Only because court judgments (as a rule) constitute an enforcement title will they become practically enforceable for the creditor of the titled claim. He does not have to wait for the debtor to voluntarily comply with the content of the judgment, but can enforce it against the debtor using the state means of enforcement.

Important enforcement orders

The most important enforcement orders are enforceable judgments , certain court orders , enforcement notices , court settlements and enforceable copies of notarial deeds.

For the possibility of enforcing judgments before they become final, there are detailed regulations on provisional enforceability .

Enforceable content

The enforcement title must be specific, i.e. it must precisely specify the parties ( creditors and debtors ) as well as the content, type and scope of the performance owed. If the title cannot clearly determine what the debtor has to perform or tolerate, it cannot be enforced. The debtor can apply to the court to have the foreclosure on such a title declared inadmissible ( analogous to Section 767 of the Code of Civil Procedure ).

List of enforcement orders

From which enforcement titles the foreclosure can be carried out depends on

  • of the Code of Civil Procedure (ZPO)
( § 704 , § 722 , § 723 , § 794 ZPO)
  • Enforcement titles of § 794 ZPO are:
  1. a litigation settlement with enforceable content (Section 794 (1) No. 1 ZPO)
  2. a decision to determine costs (Section 794 (1) No. 2 ZPO)
  3. an appealable decision (Section 794 (1) No. 3 ZPO)
  4. an enforcement order (Section 794 (1) No. 4 ZPO)
  5. Declaration of enforceability of arbitral awards (Section 794 (1) No. 4a ZPO)
  6. Declaration of enforceability of lawyer settlements (Section 794 (1) No. 4b ZPO)
  7. Enforceable document in which the debtor submits to immediate enforcement (Section 794 (1) No. 5 and Section 800 ZPO)
  • Examples of enforcement titles outside the ZPO
  1. Award decision in the foreclosure auction ( § 93 , § 132 ZVG )
  2. the insolvency table ( § 201 InsO)

Foreign enforcement orders

There are special features with the enforcement of foreign enforcement titles. A so-called exequatur procedure must often be carried out before they are recognized in Germany as an enforcement order. Art. 5 EuVTVO abolished every enforceability declaration procedure for such European enforcement orders that are undisputed, but this can be problematic under constitutional law.

Individual evidence

  1. ↑ BGHZ 124, 164.
  2. ^ Humboldt Forum Recht (HFR), 22-2007: Dr. Peter-Andreas Brand - Current problems in civil law disputes with an international dimension - jurisdiction, service and enforcement, p. 9 f., Marginal no. 30 ff.