Posted: April 27, 2010 07:43 AM PDT
Execution proceedings to a treatment regime is under Art.111 Abs.1 FGG-RG to be regarded as an independent process and not as a mere continuation of the proceedings on the merits. Therefore, direct enforcement proceedings that are initiated after 31.08.2009, even ff the § § 86 , 120 FamFG if they are based on titles, to 31.08. caused 2009th
has been issued prior to 01.09.2009 an enforcement instrument in which, according § 33 FGG old version in case the infringement was threatened with a penalty, so on that basis order means for the future § 89 FamFG be arranged. In so-called Alttiteln for which was threatened by the imposition of penalty payment is not required to place before the arrangement of an order agent (again) in accordance with § 89 Paragraph 2 FamFG a reference to the consequences of infringement.
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