Practical
Research Group Stuttgart
of
the Institute for legal fact-finding at the University of
Constance
· Court of the place
of work
Efficency
of execution proceedings
The
declaration in lieu of an oath
1. August
1999
Wolf-Dieter Treuer, Presiding Judge at the OLG
Brigitte Legler, Judge at the OLG
Dietrich Ditten, Judge at the OLG
Dr. Helmut Hoffmann, Judge at the OLG
Die complete text of this
interim report ist
available as eidvers.pdf .
The inquiry was based on
the following hypotheses:
a) The costs of the
discovery proceedings are higher than the returns.
b) The pressure having to
declare a declaration in lieu of an oath seldom leads to payment of the
debtor.
c) The declaration in lieu of
an oath only very rarely produces seizable assets.
d) The repeated declaration
in lieu of an oath (§ 903 ZPO) due to changed legal relationships
(especially
between an employee and his employer) is rare and not often successful
(usually
of only little success).
e) Titles reached by
consensus have a better realization chance than titles brought about by
court
judgements.
f) Titles of various types
come to execution and therefore to discovery proceedings too
differently often
and not in the same percentage as they should correspond to their part
of the
total number.
The report describes the
conception and the results of the inquiry in particular.
08/2002