Enforcement title (Germany)
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
For the possibility of enforcing judgments before they become final, there are detailed regulations on provisional enforceability .
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 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)
- ( , , , ZPO)
- various other laws , among others
- Enforcement titles of ZPO are:
- a litigation settlement with enforceable content (Section 794 (1) No. 1 ZPO)
- a decision to determine costs (Section 794 (1) No. 2 ZPO)
- an appealable decision (Section 794 (1) No. 3 ZPO)
- an enforcement order (Section 794 (1) No. 4 ZPO)
- Declaration of enforceability of arbitral awards (Section 794 (1) No. 4a ZPO)
- Declaration of enforceability of lawyer settlements (Section 794 (1) No. 4b ZPO)
- Enforceable document in which the debtor submits to immediate enforcement (Section 794 (1) No. 5 and ZPO)
- Examples of enforcement titles outside the ZPO
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.