Erfahrungen & Bewertungen zu JASPER Rechtsanwälte

Subjection to execution (Zwangsvollstreckungsunterwerfung)

1. Term

Most property purchase contracts or mortgage deeds (e.g. for land charges) contain compulsory execution submission clauses. This concerns the personal submission to compulsory execution, in which the debtor submits to immediate compulsory execution against all his assets. Furthermore, it is also about the in rem submission to compulsory execution, in which the owner as debtor in the notarial deed submits to immediate compulsory execution in such a way that compulsory execution from the deed is permissible against the respective owner of the property (section 800 ZPO).


2. Form

The submission to compulsory execution must be made in a notarial deed. The submission to execution in rem is entered in the land register on the basis of an application and the owner's consent in the case of a mortgage or land charge.

3. Access of the creditor

Deeds of appointment usually provide for the creditor to receive an enforceable copy of the deed. This gives him immediate access to the debtor and his property. From an enforceable deed with the personal subjection to execution, the creditor can immediately pursue execution in its many forms against the debtor's entire property. In the case of a submission to execution in rem, he can only proceed with the compulsory auction of the property. And all this can be done without the creditor first having to sue the debtor and obtain a title against him. The debtor can therefore not raise any objections to the creditor's claim, because the creditor is allowed to pursue compulsory enforcement even without litigation. If the claim does not exist, the debtor therefore only has the option of filing an action against enforcement under section 767 of the Code of Civil Procedure. By means of a temporary injunction under section 769 of the Code of Civil Procedure, the debtor can also obtain a temporary suspension of enforcement pending a decision on the merits of the case. However, he must usually provide security for the creditor in the form of a bank guarantee. Only in exceptional cases will enforcement be stopped without security.