Примери за използване на German code of civil procedure на Английски и техните преводи на Български
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A document instituting proceedings is defined in Paragraph 253 of the Zivilprozessordnung(German Code of Civil Procedure). .
This distinction also figures for example in Section 1029(2) of the German Code of Civil Procedure[5], Article 1442 of the French Code of Civil Procedure[6] or Article 7(1) of the UNCITRAL Model Law[7].
This physical delivery can take place anywhere andis not tied to a specific location(Section 177 of the German Code of Civil Procedure).
Its award would therefore,in accordance with Article 1059 of the German Code of Civil Procedure, be amenable to an action for annulment before the German courts, which will therefore be able, in that context, to ensure the uniformity of interpretation of EU law and compliance with the European public policy rules.
The first option is substituted service at the residence, at business premises, andat institutions(Section 178 of the German Code of Civil Procedure).
The addressee referred to above is the person for whom the document is intended, his orher legal representative(Section 170 of the German Code of Civil Procedure), or his or her authorised recipient(Section 171 of the German Code of Civil Procedure).
In the event of service by registered mail with return receipt requested, the return receipt constitutes sufficient proof(Section 175,second sentence of the German Code of Civil Procedure).
Substitute recipients can take the form of the persons specified in Section 178 of the German Code of Civil Procedure as listed under 7.1 above.
If it is not possible to prove that a document has been served in due form or if the document has been received in violation of mandatory regulations governing service of documents, the document is deemed to have been served at the point in time when the document was actually received by the person to whom service of the document was orcould be legally addressed(Section 189 of the German Code of Civil Procedure).
In certain legally stipulated cases, the judge is responsible for arranging service, for example in the case of service abroad(Sections 183 and 184 of the German Code of Civil Procedure) or service by publication(Sections 186 and 187 of the German Code of Civil Procedure).
The clerk of the court issues a request for service andphysically submits the document that is to be served in a sealed envelope together with a ready-to-use pre-printed record of service(Section 176 of the German Code of Civil Procedure).
It may, for example,serve documents on a lawyer with return confirmation of receipt(Section 174 of the German Code of Civil Procedure).
Service at the instigation of the parties occurs where stipulated by law, such as in the event of an arrest, temporary restraining order, oran order of attachment with transfer of garnished claim(Section 191 of the German Code of Civil Procedure).
Documents that have to be served automatically are those where there is a corresponding legal stipulation orcourt order(Section 166(2) of the German Code of Civil Procedure)(Zivilprozessordnung- ZPO).
If the party is represented by a lawyer, documents are usually served through the lawyer with return confirmation of receipt(Sections 171 and 174 of the German Code of Civil Procedure).
If both parties are represented by lawyers, one attorney can serve documents through the other(Section 195 of the German Code of Civil Procedure).
In turn, the court-appointed enforcement officer may entrust the postal service with serving the documents(Section 194 of the German Code of Civil Procedure).
If the document to be served is refused without justification,the document is still deemed to have been served(Section 179 of the German Code of Civil Procedure).
When a document is served on a lawyer,a confirmation of receipt from the lawyer constitutes sufficient proof(Section 174(1) and(4) of the German Code of Civil Procedure).
It may serve a document on the addressee orhis/her legal representative directly by physically delivering it to the official premises of the court(Section 173 of the German Code of Civil Procedure).
If substituted service at the residence or business premises cannot be performed,substituted service by placement in the letterbox is possible instead(Section 180 of the German Code of Civil Procedure).
When documents are served automatically, they are always served by the registry of the court where the proceedings are already andstill pending(Section 168(1) of the German Code of Civil Procedure).
In the event of service at the instigation of the parties,the record of service must be sent to the party on whose behalf the documents have been served(Section 193(3) of the German Code of Civil Procedure).
Nevertheless, if- through no fault of his or her own- a party remains unaware that documents have been served,restoration of the status quo ante is possible(Section 230 et seq. of the German Code of Civil Procedure.).
To prove that the documents have been served, a record of service must be made on the pre-printed form provided for this purpose andimmediately returned to the registry of the court(Section 182 of the German Code of Civil Procedure).
If it is not possible to perform substituted service at the addressee's place of residence or to perform substituted service by placement in the letterbox,substituted service may be achieved by depositing the document with the court(Section 181 of the German Code of Civil Procedure).
When a document is served by physically delivering it to the official premises of the court, a note on the document and in the files to indicate that it has been served and when this took place constitutes proof of service(Section 173,second sentence of the German Code of Civil Procedure).
Service at the instigation of the parties must always be performed by the court-appointed enforcement officer, who is either entrusted with this task directly by the party orvia the intermediary of the registry of the court hearing the case(Section 192(3) of the German Code of Civil Procedure).
Not only must German courts apply the conflict-of-law rules of their own motion, but, according to§ 293 of the Code of Civil Procedure(Zivilprozessordnung- ZPO), they are also required, after due consideration, to determine the substance of the applicable foreign law.
The taking of evidence by videoconference is permitted in German civil proceedings under the first sentence of Section 128a(2) of the Code of Civil Procedure(ZPO‑ Zivilprozessordnung) where the parties so agree.