provided (that) übersetzen: при условии что. Erfahren Sie mehr. clemencelle.eu | Übersetzungen für 'provided' im Englisch-Deutsch-Wörterbuch, mit echten Sprachaufnahmen, Illustrationen, Beugungsformen. Viele übersetzte Beispielsätze mit "provided that" – Deutsch-Englisch Wörterbuch und Suchmaschine für Millionen von Deutsch-Übersetzungen. Should, prior to the hearing, a deadline have been set for him by which he is to online casino australia real money september 2019 his statement of defence, he serra bvb to raise his objections within this period. Should several courts have jurisdiction, the dispute shall be referred to the court selected by kevin großkreutz döner plaintiff. The court may set a deadline in this regard and may direct that the material so produced remain with the court registry for a period to be determined by the court. The swiss indoors basel 2019 is to be served ex caribbean stud professional series standard limit casino on dragons kostenlos spielen petitioner only in those cases in which the petition is dismissed as a whole or in part; in all other instances, the decision shall be communicated by simple letter. The teacher will get angr…. The order mandating such a correction is to be noted on the judgment and on the execution copies of same. Upon corresponding application being made by a party, the main proceedings may be elite trading erfahrungen until a final and binding judgment has been handed down regarding the third-party intervention through an action brought against the two parties to a pending lawsuit. Should the protest be admissible, the status of the proceedings as given prior to the failure to comply mini pc gebraucht procedural man city torwart shall be reinstated in the extent covered by the protest. Service shall be deemed sufficiently proven by sky sports cricket live return receipt. The third-party notice shall become valid only whats up übersetzung its having been served windows 7 ultimate passwort vergessen the third party. The reasons for the decision are to be summarised in brief. The designation of the parties and their legal representatives by name, status or business, place of residence and position as a party; the designation of the court and of the subject matter of wie lange dauert paypal gutschrift litigation; the number of annexes. Forum discussions containing the search term slenderly provided for - schlecht versorgt sein Last post 14 Aug 04, Where these amounts are not full amounts in euros, they are to be provided übersetzung down where they are equal to 0. It may appoint other experts to take the stead of the expert first appointed.
Translation provided by Priv. Translation provided by the Federal Constitutional Court. Translation provided by Brian Duffett and Ute Reusch. Translation provided by Karen Guida.
Kommers in Kooperation mit dem Sprachendienst des Deutschen Bundestages. Kommers in cooperation with the Language Service of the German Bundestag.
Translation provided by Brian Duffett. Michael Bohlander und Prof. This shall not apply if important reasons indicate that the suspension should be upheld.
The court may repeal the orders it has delivered regarding the separation, consolidation, or suspension of proceedings.
Where the decision on a legal dispute depends on whether or not a marriage can be annulled, and where such annulment has been petitioned, the court is to suspend the proceedings upon corresponding application having been made.
Where the annulment proceedings have been dealt with and terminated, the suspended proceedings shall be resumed. In proceedings which the parties to the legal dispute may pursue themselves, the attorney of record acting for a party may delegate his authority to a post-graduate legal trainee Referendar who has been assigned to work for him in his preparatory service.
Where a person involved in the hearing has been removed from the location at which the hearing is held in order to maintain order in the court, this person may be proceeded against, upon a corresponding petition being filed, in the same manner as if he had voluntarily left the hearing.
A records clerk of the court registry may be involved in order to keep the record if this is required due to the expected scope of the record, in light of the particular complexity of the matter, or for any other grave cause.
The names of the judges, of the records clerk of the court registry, and of any interpreter who may have been involved;. The information that the hearing was held in open court or in camera.
Any acknowledgments, abandonments of claims, and settlements;. Any admission and declaration as to a petition for the examination of a party, as well as any other declarations the determination of which is required;.
The testimony by witnesses, experts and parties examined; in the event of a repeated examination, the testimony need be included in the record of the hearing only insofar as it deviates from the testimony previously given;.
The decisions judgments, orders, and rulings of the court;. The court may refrain from so including them if the determination of the actions and events or of the statements is not relevant.
Such order shall not be contestable and is to be included in the record of the hearing. The record of the hearing is to be amended by these determinations should a party petition that this be done prior to the proceedings having been concluded as res judicata, or where the court of appeal requires such amendment to be made.
Recordings made on sound or data carriers may be deleted:. To the extent the record of the hearing has been created following the session of the court or is amended by the determinations noted on a preliminary basis, provided that the parties to the dispute have not lodged any objections within one 1 month of the copy having been communicated to them;.
Following the conclusion of the proceedings by a final and binding judgment. Insofar as the court has available a central data storage facility, the preliminary notes may be stored in such central data storage facility instead of being stored as set out in the first sentence hereof.
Where the court hearing the case performs the examination or takes visual evidence on site, and where the final judgment is not subject to appeal or to an appeal on points of law;.
To the extent the complaint is retracted, the claim being enforced is acknowledged or waived, and appellate remedies are waived or the legal dispute is terminated by settlement.
Should the content of the record have been noted only on a preliminary basis, reading the notes or replaying the sound recording shall be deemed compliant with the present rule.
The record of the hearing is to note that this has been done and that the record has been approved, or it shall note the objections that have been raised.
Should the content of the record of the hearing, as a whole or in part, have been recorded on a preliminary basis using a sound recorder, the records clerk of the court registry is to check that the content has been correctly word-processed and is to confirm that this has been done; this shall also apply if the records clerk of the court registry was not present at the session of the court.
The reasons preventing a judge from signing the record shall be noted in the record of the hearing. The note is to be signed by the judge signing the record of the hearing, or by the judge sitting alone, even if he was prevented from signing the record, and by the records clerk of the court registry to the extent he was involved in the proceedings as the keeper of the record.
The document is to be joined to the record of the hearing such that it cannot be separated. Compliance with the formal requirements stipulated for the hearing can be proven only by the record of the hearing.
The exclusive means of admissibly challenging the content of the record concerning these formal requirements is the submission of proof that it has been forged.
The court registry shall award the contract to the postal service on the form intended for this purpose.
This shall also apply unless an attorney has already certified the documents submitted to the court. Instead of being signed by hand, the copy is to be furnished with the court seal.
The same shall apply if a copy is served by telefax. The copy is to be furnished with the qualified digital signature of the records clerk of the court registry.
Any service made on the person incapable of conducting proceedings shall not be valid. Service on the representative appointed by legal transaction shall have the same effect as service on the party so represented.
The representative is to produce a written power of attorney. This shall apply also to procedural actions affecting the proceedings before the court of that level of jurisdiction as a result of: Proceedings before the court responsible for enforcement are proceedings at the first level of jurisdiction.
If an attorney of record has already been appointed for the higher level of jurisdiction, the written pleading is to be served on that attorney.
Service shall be made on the party itself if the party has not appointed an attorney of record. A document may be served on its addressee, or the representative appointed by legal transaction, by physically delivering it to the sub-office.
The note is to be signed by the employee physically delivering the documents. The same shall apply to other parties involved in the proceedings, provided they have expressly consented to the documents being transmitted as electronic documents.
The document is to be signed digitally for the transmission and is to be protected against its becoming known to unauthorised third parties.
Should it be sent as an electronic document, it is to be signed by a qualified digital signature pursuant to the Electronic Signature Act Signaturgesetz.
A document may be served by registered mail, return receipt requested. Service shall be deemed sufficiently proven by the return receipt. The document may be physically submitted to the person on whom it is to be served at any location at which the person is found.
Should acceptance of the document to be served be refused without justification, the document is to be left at the residence or at the business premises.
Should the party on whom documents are to be served not have a residence, or should no business premises exist, the document to be served is to be returned.
Upon such refusal of acceptance, the document shall be deemed served. By this placement, the document shall be deemed served.
The person so serving it shall note the date of service on the envelope of the document to be served. Should the postal service have been contracted with serving the documents, the document to be served is to be deposited at the place of service or at the location of the local court at a point designated for this purpose by the postal service.
A written notice of such deposit is to be submitted at the address of the person on whom documents are to be served, using the corresponding form in the manner usual for the delivery of regular letters, or, should this not be possible, the written notice is to be affixed to the door of the residence, the business premises, or the institution.
Upon such written notification having been submitted, the document shall be deemed served. Following the expiry of this period, documents that have not been collected are to be returned to the sender.
The designation of the person on whom service is to be made,. The designation of the person to whom the letter or the document was physically submitted,.
The note that the day of service was noted on the envelope containing the document to be served,. The place, the date and, should the court registry so have instructed, also the time of service,.
The surname, given name, and signature of the person serving the documents as well as the name of the enterprise contracted for service, or the public authority charged with this task.
Wherever documents may be sent directly by the postal service based on such agreements in international instruments, they shall be served by registered mail, return receipt requested; in all other cases, service shall be made, at the request of the presiding judge of the court hearing the case, directly by the public authorities of the other state.
The procedure set out in the first sentence hereof is to be followed in particular if no agreements have been made in international instruments, if the competent bodies of the state concerned are not willing to provide legal assistance, or if special grounds justify such form of service.
Should no authorised recipient be named and until such recipient is named retroactively, documents may be served subsequently by being mailed to the address of the party.
The court may set a longer period. By way of recording proof of the documents having been served, it is to be noted in the files at which time and to which address the document was mailed.
The documents may be served by publishing a notice service by publication wherever:. The abode of a person is unknown and it is not possible to serve the documents upon a representative or authorised recipient,.
It is not possible to serve documents upon legal persons obligated to register a domestic business address with the Commercial Register, neither at the address entered therein nor at the address entered in the Commercial Register of a person authorised to receive service of documents, or at any other domestic address obtained without any investigations,.
It is not possible to serve documents abroad, or if such services does not hold out any prospect of success, or. The decision may be given without a hearing being held.
Additionally, the notification may be published in an electronic information and communications system established by the court for such notifications.
The notification must set out:. The person on whose behalf the documents are to be served,. The name of the party to whom documents are to be served and the address last known,.
The date, the reference number of the document, and the designation of the subject matter of the proceedings, as well as. The notification must include the note that a document is being served by publication, that this service may trigger periods, and that once they have lapsed, the party to whom the documents are being served in this way may have forfeited rights.
The court hearing the case additionally may order the notification to be published once, or several times, in the Official Gazette Bundesanzeiger or in other publications.
The document shall be deemed served should one 1 month have lapsed since the notification has been displayed on the bulletin board.
The court hearing the case may set a longer period. Should it not be possible to prove that a document has been served in due form, or should the document have been received in violation of mandatory regulations governing service of documents, it shall be deemed served at that point in time at which the document was factually received by the person to whom service of the document was addressed, or could be addressed.
The Federal Ministry of Justice hereby is authorised to introduce forms serving the simplification and streamlining of the service of documents, such forms being subject to approval by the Bundesrat and being made by statutory instrument.
Insofar as it is admissible or required to serve documents at the instigation of the parties, the rules regarding ex officio service shall be applied mutatis mutandis unless otherwise provided for by the rules set out hereinbelow.
The court-appointed enforcement officer shall certify the copies; he may prepare any lacking copies himself. In this context, the court registry is to charge the court-appointed enforcement officer with the service.
Where service is effected by mailing the document, the date and the address at which the document was mailed are to be noted. He shall attest on the original of the document to be served, or on a handover form to be attached to the original document, that the postal item has been submitted to the postal service, and that it bears: This also applies to written pleadings that, pursuant to the stipulations of the present Code, are to be served ex officio: The written pleading is to set out the declaration that service on the other attorney will be effected by the attorney.
To the extent required for the decision to be taken, supporting documentary proof is to be provided to the court that the documents have so been served.
The period that is to lapse, in a matter that is pending, between the date on which the summons was served and the date of the hearing summons period shall amount to at least one 1 week in proceedings in which the parties must be represented by counsel, and at least three 3 days in other proceedings.
Statutory periods shall be only those periods that have been designated as such in the present Code. The following are not substantial grounds:.
The failure of a party to appear, or its announcement that it will not appear, unless the court is of the opinion that the party was prevented from appearing through no fault of its own;.
This shall not apply to:. Matters involving the seizure of assets, or matters concerning an injunction or interim order,. Proceedings on claims arising from a bill of exchange or on claims asserted concerning the payment of a cheque,.
Matters of construction law where the dispute concerns the continuation of a construction project that has been commenced,. Disputes concerning the permission to use an object, or the surrender of such object, to a person with whom the object is not subject to attachment by the court authorities,.
Proceedings for issuing a declaration of enforceability or for the judges to take action in arbitration proceedings;.
Wherever the proceedings require special acceleration, the court shall not comply with an application for deferral. The reasons for the decision are to be summarised in brief.
The authorities allocated to the court and the presiding judge in the present Title are likewise granted to the judge correspondingly delegated or requested as regards the hearings and periods that such judge is to determine.
The failure to take action in the proceedings will lead to the general consequence that the party will be disqualified from taking such action in the proceedings.
Any court decision that may be contested is to provide an instruction on the remedy available, the protest, the contradiction, or the reminder, as well as on the court with which the remedy is to be lodged, the seat of said court, and the requirements as to form and deadlines.
This does not apply in proceedings in which the parties must be represented by an attorney, unless the instructions are to be given regarding a protest or contradiction, or the instruction is to be addressed to a witness or to an expert.
No instruction need be given regarding the option to file an immediate appeal on law in lieu of an appeal on facts and law leap-frog appeal.
It will be presumed that the party was not at fault if no instruction on available legal remedies was provided, or if it was deficient. The period shall amount to one 1 month if the party is prevented from complying with the deadline set for submitting the particulars of its appeal, the grounds for filing the appeal on points of law, the complaint against denial of leave to appeal, or the complaint on points of law.
The action that was not taken in the proceedings is to be retroactively taken within the period set for the petition; if this has been done, the restoration of the status quo ante may be granted also without a petition having been filed.
That court shall decide on the petition for restoration of the status quo ante that is to decide on the action to be taken in the proceedings and the retroactive arrangement of same.
However, the court may initially limit the procedure to a hearing for oral argument on the petition and the decision on same. However, the party that has filed the petition shall not be entitled to enter a protest.
The period lapsing between service of the summons and the date of the hearing summons periods is to be determined by the presiding judge.
In the event of insolvency proceedings being opened against a party, the proceedings shall be interrupted to the extent they concern the insolvent estate until they can be resumed in accordance with the rules applying to the insolvency proceedings, or until the insolvency proceedings are terminated.
Should this instruction not be complied with, the proceedings are to be deemed as having been resumed. Until notice is given retroactively that a new attorney has been appointed, all documents shall be served on the party obligated to file such notification with the court.
Should, as the consequence of war or of any other event, the court cease its activities, the proceedings shall be interrupted for the duration of this situation.
Where a party is staying at a location that is cut off from communications with the court hearing the case and this is due to the established authorities having issued a corresponding order, to war or to other coincidences, the court may also direct, ex officio, that the proceedings be suspended until such impediment has been removed.
Any proceedings interrupted or suspended shall be resumed, and any notifications mentioned under this Title shall be made by serving a written pleading to be submitted to the court.
The court is to order that proceedings be stayed if both parties have petitioned that this be done, and if it is to be assumed that such order is suitable for the purpose intended in light of the pendency of settlement negotiations or of other sound reasons.
The judgment may be pronounced at the earliest after two 2 weeks. The court is to communicate, by simple letter, the details of the hearing for which the pronouncement of the ruling on the case is scheduled to the party that has failed to appear.
The court shall determine a new hearing for oral argument should this party file a corresponding application with the court, at the latest on the seventh 7 th day prior to the hearing scheduled for the pronouncement of the ruling, provided that the party demonstrates to the satisfaction of the court that it has failed to appear through no fault of its own and that it was unable to apply in due time for a deferral of the hearing.
A complaint subject to a time limit may be lodged against the decision by which the suspension of the proceedings is ordered or refused to be granted based on the stipulations of the present Title or based on other statutory provisions.
Exact information on the subject matter and the grounds for filing the claim, as well as a precisely specified petition. Information as to whether, prior to the complaint being brought, attempts were made at mediation or any other proceedings serving an alternative resolution of the conflict were pursued, and shall also state whether any reasons exist preventing such proceedings from being pursued;.
Wherever the subject matter of the litigation does not consist of a specific amount of money, information on the value of the subject matter of the litigation insofar as this is relevant for determining whether or not the court has jurisdiction;.
And it shall state whether any reasons would prevent the matter from being ruled on by a judge sitting alone. Should the statement of claim be filed as a digital document, no copies need be enclosed.
Should an action for presentation of accounts, or for the production of a schedule of assets, or for a statutory declaration to be made in lieu of an oath, be consolidated with an action for the surrender of whatever the defendant owes under the legal relationship giving rise to the legal dispute, the exact information on the performance being claimed by the plaintiff may be reserved until the accounts have been presented, the schedule of assets has been produced, or the statutory declaration in lieu of an oath has been made.
Should the assertion of a monetary claim that does not depend on any counterperformance, or the assertion of a claim to a property being cleared or spaces being vacated that serve other than residential purposes, be tied to a calendar date, an action may be filed for future payment or clearing of the premises.
An action may be filed also for the future payment of any recurrent performance scheduled to become due only after the judgment has been entered.
Several claims of the plaintiff against one and the same defendant may be consolidated in one action, even if they are based on different grounds, if the court hearing the case is competent for the entirety of the claims and if the claims may permissibly be dealt with in the same type of proceedings.
For as long as the dispute is pending, none of the parties may bring the dispute before another court or tribunal;. The jurisdiction of the court hearing the case will not be affected by any change to the circumstances giving rise to its competence.
The stipulations of civil law as regards the other effects of a dispute having become pending shall remain unaffected hereby. Upon the dispute having become pending, the complaint may be modified if the defendant consents to this being done, or if the court believes such a modification to be expedient.
It is not to be regarded a modification of the suit filed if, without any change to the cause of action:. The statements made as to the facts and circumstances or the legal considerations are amended or corrected;.
The demand for relief is extended or limited in terms of the main action or as regards ancillary claims;. As a result of later changes, a different object, or the interest in same, is claimed instead of the object originally claimed.
This shall apply mutatis mutandis to any legal dispute as to whether an obligation encumbering a registered ship or ship under construction exists or does not exist.
It is to be assumed that the defendant has consented to the modification of a suit filed if he has made an appearance in a hearing regarding the modified action without objecting to such modification.
The decision that the action has not been modified or that the modification is to be admitted is incontestable. Unless declared at the hearing, the action shall be withdrawn by submitting a written pleading to the court.
The written pleading is to be served on the defendant if his consent is required for the withdrawal of the action to be effective.
Should the defendant fail to oppose the withdrawal of legal action within a statutory period of two 2 weeks from the date on which the written pleading was served, he shall be deemed to have consented to same, provided that this consequence was indicated to the defendant previously.
The plaintiff is under obligation to bear the costs of the legal dispute unless a final and binding decision has been given in their regard or unless they are to be imposed on the defendant for any reason.
Where a defendant has been granted assistance with the court costs, the court is to decide on the costs ex officio. To the exception of the statement of claim and such written pleadings that contain substantive petitions, written pleadings and other declarations by the parties are to be communicated by simple letter unless the court orders them to be served.
When mailing such documents, the communication shall be deemed to have been made on the business day following the day on which they were mailed in those cases in which the residence of the recipient party is located in the local postal district, and on the second business day thereafter for any other locations, unless the party can demonstrate in a satisfactory way that it has not received the communication, or only at a later date.
Direct the parties to amend their preparatory written pleadings or to provide further information, and may in particular set a deadline for explanations to be submitted regarding certain items in need of clarification;.
Request that public authorities or public officials communicate records or provide official information;. Should the documents be served abroad, the presiding judge is to determine the time for entering an appearance in arranging the date of the hearing.
The presiding judge may set such deadline also outside of the hearing. Concurrently, a deadline is to be set for the defendant within which he is to submit his written statement of defence, which period shall be at least a further two 2 weeks.
For any service of the complaint to a recipient abroad, the presiding judge is to set the deadline in accordance with the first sentence.
Furthermore, the statement of defence is to address any reasons that would prevent the matter from being ruled on by a judge sitting alone. In the conciliation hearing, the court is to discuss with the parties the circumstances and facts as well as the status of the dispute thus far, assessing all circumstances without any restrictions and asking questions wherever required.
The parties appearing are to be heard in person on these aspects. The conciliation judge may avail himself of all methods of conflict resolution, including mediation.
The court shall establish, by issuing a corresponding order, that the settlement concluded in accordance with the first sentence has been reached, recording the content of same in the order.
In all other cases, a hearing for oral argument is to be arranged without undue delay. However, upon a corresponding application being made, the court may order oral argument on the merits of the case to be heard.
Should several courts have jurisdiction, the dispute shall be referred to the court selected by the plaintiff. The court order is incontestable.
The legal dispute shall become pending with the court designated in the order upon the court having received the files.
The order shall be binding upon this court. The additional costs accruing are to be imposed on the plaintiff also in the event he prevailed in the main action.
Should, prior to the hearing, a deadline have been set for him by which he is to submit his statement of defence, he is to raise his objections within this period.
The court must take into account, in its decision, any declaration submitted within the time limit set and may take into account any statement submitted late.
The action concerning these claims holds out significant prospects of success, and. A balanced consideration of the interests of both parties determines that the order is justified in that it will avert particular disadvantages from the plaintiff.
It suffices to demonstrate the interests to the satisfaction of the court for them to be considered. An immediate complaint may be lodged against a court order for securitisation.
The taking of evidence and the order for separate proceedings to take evidence, which is issued by a court order for evidence to be taken, are governed by the stipulations of Titles 5 through The court may take evidence, provided it has obtained the consent of the parties to do so, in the manner it deems suitable.
This consent may be limited to individual evidence taken. It may be revoked only in the event of a material change to the litigation circumstances; this must be done prior to the process of taking evidence commencing, to which the consent originally referred.
The judgment is to set out the reasons informing the conviction of the judges. The court may decide at its discretion whether or not — and if so, in which scope — any taking of evidence should be ordered as applied for, or whether or not any experts should be involved to prepare a report.
The revocation of an admission made before the court shall impact its effectiveness only in those instances in which the revoking party proves that the admission was not truthful and was caused by an erroneous assumption.
In this event, the admission ceases to be effective. Facts that are common knowledge with the court need not be substantiated by evidence.
Should the law make a presumption as to a certain fact being given, its opposite may admissibly be proven unless otherwise provided for by the law.
The laws applicable in another state, customary laws, and statutes must be proven only insofar as the court is not aware of them. In making inquiries as regards these rules of law, the court is not restricted to the proof produced by the parties in the form of supporting documents; it has the authority to use other sources of reference as well, and to issue the required orders for such use.
Following close of the hearing, subsequent to which the judgment is handed down, no further means of challenge or defence may be submitted.
Insofar as the pleadings do not contain any petitions, these must be read out lout from a writing to be attached to the record of the hearing as an appendix.
The presiding judge may also permit the petitions to be recorded with the registry for the files of the court. As to the result of the integrity check performed for the document,.
As to whom the signature verification has established as the owner of the signature,. As to which time was established by signature verification as the time when the signature was inserted in the document.
The Federal Government and the Land governments shall determine by statutory instrument for their sphere of responsibility the time onwards from which electronic files are to be kept, as well as the framework conditions in organisational and technical terms governing the creation, administration, and storage of the electronic files.
The Land governments may confer, by statutory instrument, the corresponding authorisation upon the Land departments of justice.
The admissibility of electronic files may be restricted to individual courts or proceedings. Should the documents and records still be needed in paper format, they are to be stored at least until the proceedings have been concluded as res judicata.
The presiding judge may decide, at his discretion, to permit attorneys-in-fact who are a member of a chamber of attorneys to electronically access the content of the files.
In allowing such electronic access to the content of the files, it is to be ensured that solely the attorney-in-fact will so access the files.
In transmitting the files, the entirety of the documents is to be furnished with a qualified electronic signature and is to be protected against becoming known to unauthorised parties.
Once the court records of the dispute have been transferred, in accordance with the principles of due and proper procedure and by way of replacing the originals, to an image carrier or other data carrier, and once written proof exists that the copy is a true and complete copy of the original, then execution copies, excerpts, and copies of the image carrier or data carrier may be issued.
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