Notice of Marriage

Term and Legal Significance of the Notice by Public Announcement

Das Notice by Public Announcement is a legal instrument that denotes a public announcement or invitation, by which parties and third parties are called upon to register rights, objections, or claims in a procedure regulated by law. The aim of the public announcement procedure is to clarify legal relationships or to eliminate unknown rights to an object, claim, or document. This procedure is particularly known in German civil law and land registry matters, but is also practiced in other areas of law.

Legal Basis of the Notice by Public Announcement

Statutory Regulations

The procedure for public announcement is regulated in various laws, in particular:

• German Civil Code (BGB): Sections 946 et seq. BGB (for example, acquisition of ownership of movable property),
• Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG): (e.g., Act on the Declaration of Death, land register rectification)
• Act on Proceedings for Public Announcements (AufgebG): regulates general procedural provisions,
• Code of Civil Procedure (ZPO): for certain special statutory public announcement procedures.

Overview of Areas of Application

The instrument of public announcement is mainly used in the following legal contexts:

• Loss and declaration of invalidity of securities, documents, and means of payment,
• Notice to unknown creditors in insolvency proceedings,
• Notice to heirs and estate creditors,
• Death declaration proceedings,
• Land registry matters (deletion of unlawful or unclear entries).

The Public Announcement Procedure in Detail

Purpose and Function of the Public Announcement

A public announcement procedure serves to clear and secure the legal situation, particularly when events are complicated by the loss of documents, unknown parties, or uncertainties. This enables legally secure decisions and protects the rights of bona fide third parties. Often, public announcement procedures are a prerequisite for further legally significant actions, such as obtaining new securities or re-registering property in the land register.

Course of the Public Announcement Procedure

The procedure under German law consists of several steps:

1. Application for Public Announcement:

The applicant submits a request to the competent court to initiate the public announcement. The application must include the designated object (e.g. a lost security or property) as well as the rights and parties involved.

1. Issuance of the Public Announcement:

After reviewing the application requirements, the court issues the public notice. This contains a request to all concerned to assert their rights within a specified period.

1. Public Announcement:

The public notice is published, usually in the Federal Gazette and local official journals. The publication ensures that even unknown entitled persons have the opportunity to register a claim.

1. Registration of Rights:

Rights can be registered within the period specified in the public notice. The court examines the submitted registrations for their validity.

1. Exclusion Decision (Judgment of Exclusion, Declaration of Invalidity):

After expiry of the registration period, the court makes a decision excluding rights that have not been registered or proved. In the case of documents, this may result in a so-called declaration of invalidity.

Typical Public Announcement Procedures in Practice

Declaration of invalidity of lost or missing documents

If a person loses a document (e.g. a savings book, land register document, bearer bond), the document may be declared invalid by means of a public announcement procedure. The law thus prevents third parties from asserting claims based on a lost or stolen document and enables the issuance of a replacement document.

Public Announcement in Land Registry Procedures

In real estate law, public announcement serves to clear the land register. If, for example, old rights are no longer verifiable, these rights can be deleted by means of a public announcement procedure, provided no justified counterclaims are registered within the specified period. This promotes legal certainty in real estate transactions.

Declaration of Death Proceedings

In the event of disappearance, the court can, upon request, declare a person dead by means of a public announcement procedure. Any persons with rights or claims are invited by the public notice to come forward. After expiry of the period, the court renders a decision.

Special Procedural Features

Jurisdiction and Court

Local jurisdiction is generally determined by the applicant’s place of residence, the location of the relevant object (e.g. location of the property), or the custody of the document. Ordinarily, local courts are responsible, and in individual cases, special chambers for public announcement matters.

Procedural Costs

The public announcement procedure is generally subject to costs. The fees are determined by the Court and Notary Fees Act (GNotKG) and are usually based on the value of the object or right subject to the public notice.

Legal Remedies

General legal remedies are generally available against the exclusion decision (judgment of exclusion or declaration of invalidity), such as an appeal under FamFG. The decision becomes final only after expiry of the appeal period.

Legal Effect of the Public Announcement and Exclusion Decision

By means of the public announcement and the exclusion decision (e.g. declaration of invalidity of a document), previously unknown or unregistered rights are finally excluded. The decision takes effect against everyone and creates certainty as to the legal situation. Anyone who does not assert their rights within the period forfeits them irrevocably, unless the decision is overturned on admissible appeal.

Distinction from Other Procedural Types

The public announcement is to be distinguished from other announcement procedures, such as service by public notice. While the public announcement involves an active invitation to specified groups to register rights, service by public notice serves as a substitute for serving court documents to parties who cannot be located.

Legal Consequences for Failure to Register Rights in the Public Announcement

Any party who fails to assert or prove their rights within the public notice period loses these rights upon exclusion. Exceptions may arise in cases of proven obstacles or special statutory provisions, but these are rare and narrowly defined.

Sources and Further Reading

• Sections 946 et seq. BGB
• Act on Proceedings for Public Announcements (AufgebG)
• Code of Civil Procedure (ZPO)
• Code for Voluntary Jurisdiction (FamFG)
• Federal Gazette – Legal Basis of Public Announcements
• Commentaries in: Palandt, Bürgerliches Gesetzbuch; Munich Commentary on the BGB; Staudinger, BGB

Note: This article is intended to provide information about the legal institution of public announcement, and comprehensively covers its varied application and legal foundations.

Frequently Asked Questions

What legal requirements must be met in order for a public announcement to be validly requested?

A valid application for public announcement requires compliance with certain statutory conditions, which may vary depending on the type of procedure (e.g. announcement for the declaration of invalidity of documents, announcement in probate, etc.). Generally, the applicant must demonstrate a legitimate interest in the proceedings, which can be shown by proof of ownership or evidence of a creditor interest. The application must be filed with the competent court and must include all information required by law, such as the precise designation of the document to be announced, the legal circumstances to be substantiated, and, if necessary, proof of loss of possession or legal interest. Additionally, the law usually requires payment of a court fee, without which the procedure will not be carried out. Compliance with formal requirements such as written submission is mandatory. Missing or insufficient documentation may lead the court to request completion or reject the application.

What are the legal consequences of a public announcement procedure?

The initiation of a public announcement procedure primarily means that rights and claims connected to the subject (e.g. a document, a mortgage right, or an inheritance position) must be registered within a set time limit. Otherwise, the law provides for the legal consequence of exclusion of these rights or their declaration as invalid (Section 439 BGB for document announcement, Section 1970 BGB for probate announcement). Thus, upon expiry of the period, any claims not registered are either extinguished entirely or – in the case of documents – declared invalid. However, these legal effects only occur once an exclusion order or a declaration of invalidity has been issued by the court, which in turn may be subject to independent appeals by third parties.

Who is required to register their rights in a public announcement procedure?

All persons who can assert rights or claims to the subject of the public notice are legally obliged to register them. This includes, for example, owners, holders of land charges or claim creditors, and in probate announcements, estate creditors. The court specifies in its notice to what extent and in what form beneficiaries must register their claims (e.g. by submitting evidence). Failure to register within the set period regularly leads to considerable loss of rights, in particular exclusion from the procedure or loss of rights.

How is the public announcement published and what is its significance?

The public announcement is a statutory requirement for effectiveness (see Section 435 BGB, Section 187 FamFG). The public notice must be published in official journals, and sometimes via the internet or other designated channels. The announcement informs all potential affected parties about the procedure and the registration period. Without such a public announcement, the public notice does not have legally binding consequences for third parties, since only in this way do third parties have the opportunity to assert their rights. The date of publication is decisive for the start of the time period.

What mechanisms exist to protect third parties in the public announcement procedure?

The public announcement procedure contains various legal protections for third parties. These include above all the right to register personal claims within the notice period, the opportunity to appeal exclusion and invalidity decisions (such as appeal or objection), as well as comprehensive public announcements that are intended to ensure every potential party can become aware of the procedure. The court usually reviews the registrations in detail, both factually and legally, and may order further evidence in cases of justified doubt.

Can a legal remedy be lodged against the decision in the public announcement procedure?

Yes, legal remedies can be lodged against court decisions in the context of the public announcement procedure, in particular against the exclusion order or the declaration of invalidity. The local court (Amtsgericht) is responsible at first instance, with appeals usually heard by the regional court (Landgericht) or higher regional court (Oberlandesgericht), depending on the case and type of procedure. The periods and formal requirements derive from the relevant procedural statutes (e.g., FamFG, ZPO). The legal remedy frequently has suspensive effect, so the decision does not become effective until final resolution. Legal protection for excluded rights holders is thus temporarily preserved.

What costs arise in a public announcement procedure and who bears them?

The fees for the public announcement procedure are determined by the Court Fees Act (GKG) or the applicable procedural costs schedules. Generally, a flat fee is charged for initiation, which depends on the value of the subject matter. In addition, there are expenses for announcements, publications, or other judicial measures. The applicant is usually liable for costs, with the court assigning the final cost distribution in the concluding decision. Under certain circumstances, such as in probate announcements, costs may be drawn from the estate. Third parties generally do not have to pay court fees to register their own rights, unless their application triggers additional official actions.