The term feed designates the publication of a document in the German right to a certain addressee in a certain, legally prescribed form.

Legal bases

The judicial code (ZPO) differentiates between the "“feed officially"” ("§"§ 166 to 190 ZPO) and the "“feed on operation of the parties"” ("§"§ 191 to 195 ZPO). Different laws of the tidy and special jurisdiction refer partial to the feed regulations of the judicial code with the feed completely or. So for example the code of criminal procedure (StPO) in "§ 37 and the law over the affairs of the freiwilligen jurisdiction (FGG) in "§ 16.

Also in the administrative law "§ exp. 3 administrative feed law (VwZG) refers 3 with feeds by officials of post office to regulations of the judicial code. Further ones of references one finds among other things in "§ 63 social court law (SGG), "§ to 53 revenue court order (FGO), "§ 56 rules of the administrative court (VwGO).

Feed officially

Officially one sets, if the law prescribes it or arranges the court (or an authority) it. Thus the judicial code always prescribes a proclamation by feed, if with the proclamation legal periods in run (e.g. the period for lodging an appeal with a decision by judgement) are to be set.

Feed on operation of the parties

With the feed on operation of the parties the regulations find appropriate application over the feed officially, if not "§"§ the 192 to 194 ZPO deviations give. "§ it plans 192 ZPO that from the parties to operating feeds via the bailiff in accordance with condition "§"§ of the 193 and 194 ZPO have to take place. If the parties are represented by attorneys, then these can set themselves documents also directly among themselves. Partly the regulations of the feed officially purchase is taken also here.

Feed addressee

Addressee of a feed can be only a processable, natural person, not however a legal entity. The legislator specified, to whom a feed is to be addressed, if the addressee is process unable. The feed to an process-unable person would be ineffective.

Legal representative

With not processable persons is to be set to its legal representative. If the feed addressee is not a natural person, the feed is sufficient to the leader. With several legal representatives or leaders the feed at one of them is sufficient ("§ 170 ZPO).

Authorized person

To the right in business ordered representative can be set with same effect as at the representing. The representative has a written authority to submit ("§ 171 ZPO).

Attorney of record

If a party, for which is to be set, in a pending procedure will represent by an attorney of record one, then the feed at these has to take place ("§ 172 I 1 ZPO)

Forms of the feed

Usual feed

Zustellungsurkunde

With the feed with Zustellungsurkunde the document in a locked envelope and a prepared form of a Zustellungsurkunde, a post office enterprise, an official of law (usually a law being awake master), a bailiff or an authority, which can be set, becomes, by which the feed is then implemented, handed over and/or conveyed. The execution of the feed takes place via personal delivery at the setting addressees. The delivery may take place at each place, at which the addressee is found. With the delivery to it the document applies as set. If the acceptance of the addressee is refused, then the document in the dwelling or in the business area is to be left back. If the addressee does not have a dwelling or if no business area is present, a feed is not possible and the order for feed is to be sent to the assigning place back. With the unberechtigen non-acceptance and the leaving of the document the document applies as set. If the personal delivery is not possible, a substituted delivery in the dwelling, in the business area or in a communal facility may be made. The locked envelope will thereby an adult relative in the dwelling, one in the family employed person or an adult constant co-inhabitant to hand over. In business premises the delivery to a there busy person takes place. In communal facilities the delivery to the director/conductor of the mechanism or a representative authorized to it takes place. If a delivery to a spare person in the dwelling or the business area is not possible, a substituted delivery can take place via inserting in the mail box or a similar device. With inserting the document applies as set. On the locked envelope of the document which can be set the date of inserting is noted before. The substituted delivery possibility of inserting into the mail box is not permissible with a Gemeinschaftseinrichtigung. If the substituted deliveries described before are not possible, also a substituted delivery can take place via resignation. The resignation of the document which can be set taken place, if the post office were assigned the feed, at one from the post office to it determined place at the place of the feed or at the place of the responsible district court. A written report leaves person the assigned the execution of the feed with the setting addressee over the place of the resignation, where the document is kept ready for the collection three months. The addressee is also informed in the report about it that with the delivery over the resignation, the document applies for this report as set, independently of whether and when the addressee of contents of the document takes knowledge. About the fact it is continued to inform that to the feed legal consequences (e.g. the beginning of one period) can be attached. On the locked envelope, which contains the document which can be set, the day of the feed before the resignation is noted. The document applies with the leaving of the written report over the resignation as set.

Over the facts during the execution of the feed a public document on the feed form is taken up. This document has the conclusive force of a public document with other contents ("§ 415 ZPO).

The Zustellungsurkunde must the designation of the person, for who it should be set the designation of the person, to whom the letter or the document was handed over, the remark that the day of the feed on the envelope, which contains the document which can be set is noted, the place, which date, name, first name and signature of the Zustellers as well as the indication of the assigned enterprise or the asked authority, contain.

In case of the feed to an authorized person it is to be noted additionally that the authority document was present.

During a substituted delivery in the dwelling, in business premises or mechanisms as well as during a substituted delivery by inserting into the mail box also the reason, which justifies this feed is, to indicate.

During a substituted delivery by resignation is to be taken up in the document, as the written report became to leave.

If the acceptance of the feed were refused, it is to be documented who refused the acceptance and that the letter at the place of the feed was left or sent back to the sender.

If a feed with time should take place, not only the date but also the time of the feed are to be taken up to the document with.

Receipt

To a lawyer, notary, bailiff, tax counsel, at an authority, a body or an institute of the public right as well as determined others can also against receipt be set.

Handing out at the authority

A document can be set for an addressee by handing out at the authority. On the document and in the document it is noted that the document was handed out for the purpose of the feed. For the notes also the date, when handing out took place, is to be indicated and by the official, who made handing out to sign.

For handing out to a right in business ordered representative in the note in the documents additionally the name of the representative, to who the document was handed out, is indicated and that a written authority was present. The memorandum is the proof of the feed.

Task to the post office

The addressee lives abroad and in other defined cases can the feed by task to the post office be caused.

Writing with return ticket

A document can be set also by writings with return ticket. The return ticket signed by the addressee with date is the proof of the feed.

Special feed abroad

The feed, which must be made abroad, is regulated in "§ 183 ZPO, federally uniform valid legal aid orders and by numerous intergovernmental agreements.

A feed abroad takes place via writings with return ticket, as far as due to international-law agreements documents may be sent directly by the post office. The return ticket signed by the addressee with date is the proof of the feed.

Otherwise the document can be set by authorities of the strange state or by the diplomatic or consular agency of the federation. In which form and under which conditions such feeds are implemented, results from the respective further regulations to the individual countries according to the regulations to international right traffic in civilian, punishing and administrative matters. The feed by an asked authority is proven by a certification of this authority.

Public feed

Among other things then, if the feed addressee of unknown stay is, a public feed takes place.

Articles in category "Feed"

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