Central enforcement court
As the central enforcement court , the district court is responsible as the enforcement court, which administers the property registers according to § 802k ZPO for a federal state.
Furthermore, the debtor register for each federal state is kept by the Central Enforcement Court in accordance with §§ 882b ff. ZPO and made available via a joint, transnational enforcement portal.
Central enforcement courts were set up for the tasks mentioned by the law on the reform of the investigation of facts in compulsory enforcement of July 29, 2009 ( Federal Law Gazette I p. 2258 ) with effect from January 1, 2013. In addition, the activity of the local enforcement courts continues as an enforcement organ or within the framework of appeal proceedings.
List of assets
The Central Enforcement Court administers nationwide in electronic form the property registers to be deposited with it in accordance with Section 802f Paragraph 6 ZPO or Section 284 Paragraph 7 Clause 4 of the Tax Code (AO). As an electronic document, the register of assets contains the information provided by the debtor in the context of foreclosure in the property information to be provided by him in accordance with Section 802c ZPO and the accuracy and completeness of which he has to affirm in lieu of an oath in accordance with Section 802c (3) ZPO. The list of assets is drawn up by the bailiff according to the information provided by the debtor and deposited with the competent central enforcement court ( Section 802f (5) and (6) ZPO). It will be deleted by the Central Enforcement Court two years after the submission of the information or when a new list of assets is received ( Section 802k (1) sentence 3 ZPO).
The property registers can be accessed for enforcement purposes by bailiffs and enforcement authorities who can request property information in accordance with § 284 AO. Enforcement, insolvency and registration courts as well as criminal prosecution authorities are also authorized to inspect - insofar as this is necessary for the fulfillment of the tasks incumbent on them ( Section 802k (2) ZPO).
Further details are regulated by the Asset Register Ordinance of July 26, 2012.
Directory of debtors
The Central Enforcement Court will keep a revised list of debtors for the country concerned with effect from January 1, 2013. This is a list of those persons whose entry was ordered by the bailiff in accordance with Section 882c of the German Code of Civil Procedure, by the enforcement authority in accordance with Section 284 (9) of the AO or by the insolvency court in accordance with Section 26 (2) of the Insolvency Code ( Section 882b Paragraph 1 ZPO). The information provided for in Section 882b (2) and (3) ZPO is included in the list of debtors .
The bailiff orders the debtor to be entered in the debtor register,
- if the debtor has not fulfilled his obligation to provide the asset information,
- if, according to the contents of the list of assets, an enforcement would obviously not be suitable to lead to a complete satisfaction of the obligee or
- if the debtor does not provide evidence of the satisfaction of the obligee within one month of submitting the asset information or announcing that it has been forwarded to another enforcing creditor ( Section 882c (1) ZPO).
The debtor can lodge an objection to the registration order with the competent local enforcement court within two weeks of its notification ( Section 882d ZPO). The entry in the debtor register will be deleted by the Central Enforcement Court 3 years after the date of the entry order. In the case of entry in accordance with Section 26 of the Insolvency Code, the deletion period is five years from the issue of the rejection decision ( Section 882e (1) ZPO).
Anyone who states that they need information in accordance with Section 882b of the German Code of Civil Procedure (ZPO) for the purposes of foreclosure or for another of the purposes set out in Section 882f of the German Code of Civil Procedure can inspect the debtor register . The inspection is made possible via a central and cross-border query on the Internet ( Section 882h Paragraph 1 ZPO).
Further details are regulated by the Debt Register Ordinance of July 26, 2012.
Jurisdiction as the central enforcement court
The tasks of the Central Enforcement Court are performed as follows:
Transitional law
For enforcement orders received by the bailiff before January 1, 2013, the previous regulations apply according to Section 39 No. 1 EGZPO. For a transitional period, entries will therefore continue to be made in the debtor register at all enforcement courts in the previous form in accordance with Section 915 ZPO a. F. give.
According to the transitional regulation in § 39 No. 5 EGZPO, the previous lists of debtors according to § 915 ZPO will be continued for a transitional period of a maximum of five years after the law has come into force. It is not intended to transfer the entries from the list of debtors under the old law to the list of debtors under new law. Entries in the debtor register according to the old law can therefore still only be determined via the locally competent enforcement court. In contrast, new entries to be made since January 1, 2013 are only recorded by the central enforcement court and can be accessed here.
During the transition period, complete information about a person's creditworthiness (about debts in Germany) is therefore only possible from a synopsis of the debtor registers old and new.
literature
- Vollkommer, Gregor: The reform of the clarification of facts in foreclosure - an overview . New Legal Weekly (NJW) 2012, page 3681 ff.
Web links
- Common enforcement portal of countries
- Justice portal of the federal and state governments: Enforcement portal - information portal on the amendment of the law "Clarification of facts in foreclosure"
- Law on the reform of the investigation into compulsory enforcement of July 29, 2009 ( Federal Law Gazette I p. 2258 )
- Asset Register Ordinance (VermVV) of July 26, 2012 ( BGBl. I p. 1663 )
- Debt Register Ordinance (SchuFV) of July 26, 2012 ( BGBl. I p. 1654 )
Individual evidence
- ↑ List of central enforcement courts (PDF; 25 kB)
