BWBV0005381
Geldig vanaf 29-03-1998
Artikel 35
Aanvullende Overeenkomst bij het Verdrag tussen de Staten die partij zijn bij het Noordatlantische Verdrag nopens de rechtspositie van hun krijgsmachten, met betrekking tot de in de Bondsrepubliek Duitsland gestationeerde buitenlandse krijgsmachten
Where a judgment, decision, order and settlement (vollstreckbarer Titel) of a German court or authority is to be enforced against a debtor to whom a payment is due in respect of employment with a force or civilian component in accordance with the provisions of Article 56 of the present Agreement or in respect of direct deliveries or services to a force or a civilian component, the following provisions shall apply:
(a) Where such a payment is made through a German authority and that authority has been requested by an enforcing agency to make the payment to the judgment creditor instead of to the debtor, that authority shall be entitled to comply with such request within the scope of the provisions of German law.
(b) (i) Where such a payment is not made through a German authority, the authorities of the force or of the civilian component, unless prohibited by the law of the sending State, shall upon request by an enforcing agency deposit with the competent agency out of the sum admitted to be owing to the debtor the sum admitted to be owing to the debtor the sum specified in the request. Such deposit shall operate as a discharge of the force or of the civilian component from its obligation to the debtor to the extent of the amount deposited.
(ii) Insofar as the law of the sending State concerned prohibits the payment referred to in item (i) of this sub-paragraph, the authorities of the force or of the civilian component shall take all appropriate measures to assist the enforcing agency in the execution of the judgment, decision, order or settlement in question.
(i) Where such a payment is not made through a German authority, the authorities of the force or of the civilian component, unless prohibited by the law of the sending State, shall upon request by an enforcing agency deposit with the competent agency out of the sum admitted to be owing to the debtor the sum admitted to be owing to the debtor the sum specified in the request. Such deposit shall operate as a discharge of the force or of the civilian component from its obligation to the debtor to the extent of the amount deposited.
(ii) Insofar as the law of the sending State concerned prohibits the payment referred to in item (i) of this sub-paragraph, the authorities of the force or of the civilian component shall take all appropriate measures to assist the enforcing agency in the execution of the judgment, decision, order or settlement in question.
(a) Where such a payment is made through a German authority and that authority has been requested by an enforcing agency to make the payment to the judgment creditor instead of to the debtor, that authority shall be entitled to comply with such request within the scope of the provisions of German law.
(b) (i) Where such a payment is not made through a German authority, the authorities of the force or of the civilian component, unless prohibited by the law of the sending State, shall upon request by an enforcing agency deposit with the competent agency out of the sum admitted to be owing to the debtor the sum admitted to be owing to the debtor the sum specified in the request. Such deposit shall operate as a discharge of the force or of the civilian component from its obligation to the debtor to the extent of the amount deposited.
(ii) Insofar as the law of the sending State concerned prohibits the payment referred to in item (i) of this sub-paragraph, the authorities of the force or of the civilian component shall take all appropriate measures to assist the enforcing agency in the execution of the judgment, decision, order or settlement in question.
(i) Where such a payment is not made through a German authority, the authorities of the force or of the civilian component, unless prohibited by the law of the sending State, shall upon request by an enforcing agency deposit with the competent agency out of the sum admitted to be owing to the debtor the sum admitted to be owing to the debtor the sum specified in the request. Such deposit shall operate as a discharge of the force or of the civilian component from its obligation to the debtor to the extent of the amount deposited.
(ii) Insofar as the law of the sending State concerned prohibits the payment referred to in item (i) of this sub-paragraph, the authorities of the force or of the civilian component shall take all appropriate measures to assist the enforcing agency in the execution of the judgment, decision, order or settlement in question.
- Citeren als
- Art. 35
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0005381
- Officiële bron
- wetten.overheid.nl