Abstract
The comment is dealing with the reform of the disclosure proceeding and the enforcement management, as it is proposed by the Study Group for the Improvement of Civil Enforcement Law. The goal to improve the efficiency of the enforcement proceeding can be achieved by facilitating the possibilties to get information on the debtor´s property. In general, this is also true for the proposal to create the office of an enforcement manager. However, from a German perspective, there should be still some questions examined.
This is a preview of subscription content, log in via an institution to check access.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Notes
- 1.
There was such a limit also in the German law in regard to the information gained from third persons, § 802l ZPO. That access to information was not open for creditors of small claims (on the amount of less than 500,00 EURO). That limitation was abolished in the year 2016, BGBl 2016, I, p. 2509.
- 2.
This was a mandatory requirement also in the German law according § 807 Abs. 1 No. 1 ZPO (former version); today it is also possible to ask the debtor to disclose his or her assets before starting the enforcement, § 802c ZPO. Instead, the creditor can file a petition to the bailiff to start the enforcement into the seizable chattels and in case, that is unsuccessful, also to disclose his or her assets.
- 3.
In regard to this information in Germany the bailiff can ask under certain circumstances defined governmental entities for information on facts, which are specified in the regulation, § 802l ZPO; this regulation is considered to be compatible with the constitutional protection of privacy; cf. BVerfG NJW 2007, 2464.
- 4.
Gesetz zur Reform der Sachaufklärung in der Zwangsvollstreckung vom 29.7.2009, BGBl. I p. 2258, in force since Jan. 1, 2013.
- 5.
Walker, DGVZ 2019, 89; it would, however, possibly require, that the bailiffs would need a different legal education.
- 6.
So called Pfändungspfandrecht, § 804 ZPO.
- 7.
The same is true for the realizing of the pledged goods.
- 8.
Even though they do not act as courts in the constitutional sense.
- 9.
BT-Dr 16/5727, p. 1 ff.
- 10.
BT-Dr 16/5727, p. 35.
- 11.
BT-Dr 16/5727, p. 110.
- 12.
Cf. § 19 DNotO.
Author information
Authors and Affiliations
Corresponding author
Editor information
Editors and Affiliations
Rights and permissions
Copyright information
© 2022 The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd.
About this chapter
Cite this chapter
Lüke, W. (2022). Some Comments on the Proposals of the Study Group from a German Perspective. In: Deguchi, M. (eds) Effective Enforcement of Creditors’ Rights. Ius Gentium: Comparative Perspectives on Law and Justice, vol 91. Springer, Singapore. https://doi.org/10.1007/978-981-16-5609-5_12
Download citation
DOI: https://doi.org/10.1007/978-981-16-5609-5_12
Published:
Publisher Name: Springer, Singapore
Print ISBN: 978-981-16-5608-8
Online ISBN: 978-981-16-5609-5
eBook Packages: Law and CriminologyLaw and Criminology (R0)