SECTION XXV - Provisional Proceedings
Verfasser | E. J. Cohn and G. Meyer |
Amt des Autoren | Sir |
Seiten | 68 |
-
The ZPO provides for speedy proceedings whose primary purpose is not to secure satisfaction for the creditor but merely to give him security for his claim, e.g., by blocking a banking account of the defendant, or to maintain a position whose disturbance is threatened, for instance, to prevent the erection of a building which may interfere with rights of a neighbour. The same claim may at the same time be the subject-matter of ordinary proceedings, possibly taking years to complete, but ending in a final determination, not a provisional order. In a few cases these proceedings may also be used for the purpose of obtaining satisfaction of a claim the nature of which render it of vital importance to avoid delay in dealing with it, as e.g., the payment to an
illegitimate mother of her maintenance during the first six weeks after birth of the child. The ZPO deals with these proceedings in the 8th Book which is in general confined to execution. They are, however, in every respect, except as to the limitation of their scope, genuine civil proceedings.
-
The ZPO distinguishes two types of provisional proceedings:(a) The Arrest, i.e., attachment the purpose of which is to obtain security for a claim which is expressed in money or may be converted into a claim expressed in money (section 916ff., ZPO).
(b) The einstweilige Verfiigung, i.e., an interim order, often in the nature of an injunction, the purpose of which is either to prevent a threatening change of existing conditions which may render impossible or substantially more difficult the realisation of a right of one of the parties; or to provisionally deal with a situation where this is required to prevent substantial damage or any violence that is being threatened (section 937ff., ZPO).
-
To obtain an Arrest the applicant must show that he has a claim suitable for protection by way of an Arrest (Arrestanspruch) and that there is a ground why such an arrest should be granted (Arrestgrund).
EXAMPLE: A has sold goods to B, the owner of a Department store, and has a claim against him for the payment of 10,000 DM. Later he received creditable reports that B is selling out all his stock at a fraction of its value, has already sold his private residence and sent his furniture and other belongings to an address kept secret from all his friends. In such circumstances A would be entitled to obtain an Arrest against B.
The Arrestanspruch must be either expressed in money or as a claim convertible into...
Um weiterzulesen
FORDERN SIE IHR PROBEABO AN- Manual of German Law
- Part IV CIVIL PROCEDURE
- SECTION I - Introduction
- SECTION II - General Aspects
- SECTION III - Jurisdiction Of The Courts
- SECTION IV - The Principles Of German Civil Procedure
- SECTION V - Disqualification And Challenging Of Judges
- SECTION VI - Capacity To Be A Party And To Conduct Proceedings
- SECTION VII - Legal Representation And Legal Assistance In Proceedings
- SECTION VIII - Court Fees
- SECTION IX - Security For Costs (sicherheitsleistung)
- SECTION X - Legal Aid And Assistance To The Poor
- SECTION XI - Service Of Legal Documents
- SECTION XII - Procedure Before The Landgericht Illustrated
- SECTION XIII - The Action (klage)
- SECTION XIV - Preliminaries To The Oral Hearing
- SECTION XV - The Oral Hearing
- SECTION XVI - The Judgment
- SECTION XVII - Default Judgments And Undefended Suits
- SECTION XVIII - Evidence
- SECTION XIX - Special Rules On Procedure Before The Amtsgericht
- SECTION XX - Appeals From Decisions
- SECTION XXI - Special Procedure In Matters Affecting Status
- SECTION XXII - Special Procedure In Matters Relating To Bills Of Exchange, Cheques And Other Documents
- SECTION XXIII - Summary Proceedings
- SECTION XXIV - New Trial
- SECTION XXV - Provisional Proceedings
Subscribers can access the reported version of this case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the cited cases and legislation of a document.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the documents that have cited the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the revised versions of legislation with amendments.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see any amendments made to the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a visualisation of a case and its relationships to other cases. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. You also get a useful overview of how the case was received.

Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.