SECTION XXII - Special Procedure In Matters Relating To Bills Of Exchange, Cheques And Other Documents

Author:E. J. Cohn and G. Meyer
Profession:Sir
Pages:67
 
FREE EXCERPT
  1. A special procedure called Urkundenprozess, which includes the procedure applicable to matters concerning bills of exchange and cheques, is provided for cases where the plaintiff can prove all the facts upon

    which his case relies by the use of documents. The purpose of the special rules (section 592ff., ZPO) applicable to these proceedings is to expedite the proceedings and to procure for the plaintiff a judgment which-though not final--enables him to obtain satisfaction for his claim.

  2. In the Urkundenprozess the plaintiff must prove his claim by documents only. If he cannot do so, the action is dismissed as being unsuitable for this form of procedure and he must institute ordinary proceedings. Only actions for the payment of a defined sum of money or a definite quantity of goods or securities can be brought in this form of procedure. If he can establish his claim and the defendant wants to raise objections, the facts upon which the defendant relies for his defence must also be proved by way of documents, or by the admission of the plaintiff...

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