제1권 지방법원, (...) 대법원에서의 절차 진행[편집]
제1절 네덜란드 법원의 관할권[편집]
제1조 Subject to the provisions concerning jurisdiction in treaties and EC regulations and without prejudice to Article 13a of the General Provisions Act, the jurisdiction of the Dutch courts is governed by the following provisions.
제2조 In cases to be initiated by summons, the Dutch court has jurisdiction if the defendant in the Netherlands is domiciled or habitually resident.
제3조 In cases must be brought by application, with the exception of cases referred to in Articles 4 and 5, the Dutch court has jurisdiction if:
a. either the applicant or, if there are more applicants, any of them, or is domiciled or habitually resident one of the parties mentioned in the application in the Netherlands,
b. The request relates to proceedings commenced by summons or in respect of which the Dutch court has jurisdiction, or
c. the case is otherwise sufficiently with the legal sphere of the Netherlands is connected.
제4조 1 If the Regulation (EC) no. 2201/2003 of the Council of the European Union of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility, repealing Regulation (EC) No . 1347/2000 (OJ L 338) does not apply, the jurisdiction of the court is related to divorce, separation from bed and board and dissolution of marriage after separation from bed and board, annulment and nullity and validity of the marriage solely in accordance with articles 3, 4 and 5 of this Regulation.
2 Did the Dutch courts have jurisdiction with respect to divorce, separation from bed and board and dissolution of marriage after separation from bed and board, nullity, annulment or validity of marriages, he has, as far as the regulation mentioned in the first paragraph they fall applies and without prejudice to Article 1, also jurisdiction to take provisional or protective measures insofar as they relate to divorce, separation from bed and board and dissolution of marriage after separation from bed and board, annulment and nullity and validity of marriages .
3 Did the Dutch courts have jurisdiction with respect to divorce, separation from bed and board and dissolution of marriage after separation from bed and board, nullity, annulment or validity of marriages, he has, as far as the regulation mentioned in the first paragraph they fall applies and without prejudice to Article 1, also jurisdiction to review the related ancillary services, provided
a. that in relation to the provisions referred to in Article 827, first paragraph, under d and e, the Dutch court has jurisdiction only if the property is located in Netherlands, and
b. that the Dutch courts regarding requests for settlement of custody and access rights take jurisdiction if he, due to the low connection of the case with the legal sphere of the Netherlands, unable considers the interests of the child to assess properly.
4 With respect to the registered partnership are the first, second and third paragraph shall apply, provided that the Dutch court retains jurisdiction if the registered partnership in the Netherlands.
제5조 Notwithstanding Article 1, the Dutch court in matters of parental responsibility no jurisdiction if the child is not habitually resident in the Netherlands, unless he is in an exceptional case, because of the connection of the case with the legal sphere of the Netherlands, capable considers it important child properly assess.
제6조 The Dutch court also has jurisdiction in cases involving:
A. Contractual obligations, if the obligation underlying the claim or the claim was performed or to be performed in the Netherlands;
b. an individual employment contract or an agency contract, if the work is normally performed or was last ordinarily conducted in the Netherlands or a Dutch ship as referred to in Article 695 paragraph 1 of Book 7 of the Civil Code;
c. an individual employment contract, if the work is temporarily carried out in the Netherlands, insofar as an action relating to employment and working conditions, which is based on Article 1 of the Law on working cross-border employment, 7, 7a, 13 or 15 of the Minimum Wage Act and minimum holiday allowance, Article 2, paragraph of the Act generally binding and nonbinding declaring provisions of collective agreements, Article 8 or 11 of the Act on Posting of workers by intermediaries and Article 5, paragraph b, d, e, f, of the equal treatment Act;
d. a contract concluded by a party acting in the exercise of a profession or business and a natural person not acting in the exercise of a profession or business, if that individual in the Netherlands, has his domicile or habitual residence and the party acting in the exercise of a profession or business there pursues commercial or professional activities, whether such activities by any means, directs Netherlands and the contract falls within those activities;
e. tort, where the harmful event occurred in the Netherlands or may occur;
f. rights in rem and tenancies, tenancies of immovable property situated in the Netherlands;
g. inheritance if the deceased were last domiciled or habitually resident in the Netherlands;
h. the validity, nullity or dissolution of companies or legal persons established in the Netherlands; the validity, nullity or legal consequences of their decisions or their organs, or the rights and obligations of their members or associates as such;
i. bankruptcy, moratorium or debt restructuring scheme for natural persons if the bankruptcy, suspension of payment or application of the debt rescheduling scheme in the Netherlands is granted or issued.
제6A조 For the purposes of Article 6, under a, unless otherwise agreed, the place of performance in the Netherlands:
A. For the purchase and sale of goods if the goods under the contract has been made in the Netherlands or should have been delivered;
b. for the provision of services if the services under the contract were provided in the Netherlands or should have been provided.
제7조 1 If in cases to be initiated, the Dutch court in respect of one of the defendants jurisdiction, this is it too far with regard to the same dispute involved other defendants, if exists such coherence between the actions against the various defendants with summons that reasons of efficiency warrant a joint hearing.
2 If in cases to be initiated, the Dutch courts have jurisdiction to summons, this is it too far with respect to a counterclaim and in respect of any claim for indemnity or intervention unless between these claims and the original claim inadequate coherence exists.
제8조 1 The Dutch courts have jurisdiction if the parties with respect to a particular legal relationship according to their free determination, by agreement designated a Dutch court or the Dutch court to hear and determine disputes that have arisen as a result of the legal relationship or will arise unless therefor no legitimate interest is present.
2 The Dutch courts have no jurisdiction if the parties with respect to a particular legal relationship according to their free determination, by agreement designated a court or the courts of a foreign state exclusively for the purpose of deciding disputes which have arisen as a result of the legal relationship or will occur.
3 An agreement referred to in paragraph leaves the jurisdiction of the Dutch courts prejudice if the matter concerns an individual employment contract or an agreement referred to in Article 6 under d.
4 The third paragraph does not apply if:
a. entered into the agreement referred to in the second paragraph after the dispute has arisen, or
b. the employee or the party not acting in the exercise of a profession or business, relying on the agreement to have recourse to the courts of a foreign State.
5 An agreement referred to in the first or second paragraph shall be evidenced by a written document. This requires a sufficient writing containing such a clause or which refers to general conditions containing such a clause, in that writing by or on behalf of the other party has expressly or impliedly accepted.
6 An agreement referred to is in the first or second member to be regarded as a separate agreement. The designated court has jurisdiction to rule on the validity of the contract of which an agreement referred to in the first or second paragraph forms part or to which it relates.
제9조 Does the Dutch court is not under Articles 2 to 8 to jurisdiction, he nevertheless has jurisdiction if:
a. it concerns a legal relationship which is at the discretion of the parties and the defendant or party concerned has appeared wholly or partly for the purpose of the proceedings to challenge the jurisdiction of the Dutch court, unless there is no reasonable interest jurisdiction of the Dutch court is,
b. judicial proceedings proves impossible outside the Netherlands, or c. a matter which should be initiated by summons sufficiently connected to the legal sphere of the Netherlands and to require it is unacceptable for the plaintiff that he submits the case to the judgment of a court of a foreign state.
제10조 The Dutch court has jurisdiction in the case referred to in Article 767 and if it arises from other legal provisions designating a competent court than those contained in the third section of the second title and the second section of the third title.
제11조 The defense that the Dutch court has no jurisdiction, in matters that have to be initiated by summons under penalty of forfeiture of the right to do so made before any defense on the merits.
제12조 If a case before a court of a foreign state is brought and therein a decision can be used for recognition and, where appropriate, enforcement is subject, the Netherlands, the Dutch judge a case involving the same parties who may later on the same subject is arranged, stay the proceedings until there by former judge has decided. If the decision for recognition and, where appropriate, enforcement appears to be susceptible in the Netherlands, the Dutch court shall decline jurisdiction. If it is a matter that should be initiated by summons, Article 11 mutatis mutandis.
제13조 The jurisdiction of the Dutch courts to take precautionary or interim measures can not be challenged on the ground that it related to the case, the committee has no jurisdiction.
제14조 For the purposes of the rules governing the jurisdiction of the Dutch court is the Dutch section of the continental shelf equated with the territory of the Netherlands.
제2절 단독 및 합의부[편집]
제15조 1 The court cases are, subject to exceptions specified in the law, examined and decided by a single judge.
2 If the case to the judgment of a single judge is unsuitable for hearing and decision by one judge, it refers it to a panel consisting of three members. The single judge may also in other cases, refer a case to a panel of judges.
3 Reference can be made at any stage of the proceedings. The treatment of a referred case continues in the position in which it is located.
4 The four-judge may determine that the treatment will be wholly or partly by a much as possible from its designated judge. The magistrate thereby exercise the powers granted to the court.
5 The five-judge may refer the case after the delivery of an interlocutory judgment in the single room for further treatment. The second paragraph and the third paragraph, second sentence shall apply mutatis mutandis.
제16조 1 The court cases are, subject to exceptions specified in the law, examined and decided by a panel consisting of three justices.
2 Unless the case at first instance by a panel of judges is decided, the three-judge can go to a single-judge order the things that are brought provisions arising under or pursuant to Book 1 of the Civil Code and which are suitable for this in its opinion.
3 If the referenced case is unsuitable in the view of the single judge for hearing and decision by one councilor, she points them back to the full bench.
4 Reference or remitted may be made at any stage of the proceedings. The treatment of a transferred or remitted case continues in the position in which it is located.
5 The judge may determine that the treatment will be wholly or partly by a much as possible from its designated judge. The councilor Commissioner thereby exercise the powers granted to the court.
제17조 1 At the Supreme Court, cases, subject to exceptions specified in the law, examined and decided by five members of the panel of judges.
2 The chairman of the three-judge may determine that a case is appropriate in his opinion for it is handled and decided by three members of that chamber. If the case in the opinion of one of these members is unsuitable for hearing and decision by three members, the treatment is continued by five members.
3 Members may provide that the treatment will be wholly or partially by their mid appointed deputy justice commissioner. The councilor Commissioner exercises while the powers granted to the Supreme Court.
제18조 1 The room in which a case is pending, it may, with the consent of the board of the court, referring to another room of equal value. The referral is no appeal.
2 Judgments, judgments and orders, gave respectively given by a panel can be expressed by a single judge.
제3절 절차의 일반 규정[편집]
제19조 The judge shall give the parties on both sides to bring their views forward the opportunity and explain and to comment on each other's views and all documents and other information brought into the proceedings to the judge, and another unless otherwise arises from the law. By basing his decision on the court judgment, to the detriment of one of the parties, not documents or other data which that party is not able to comment enough.
제20조 1 The court guards against unreasonable delay in the proceedings and shall, if necessary, at the request of a party or of its own motion measures.
2 parties are facing each required to prevent unreasonable delay in the proceedings.
제21조 Parties are required to submit the full and honest facts relevant to the decision of importance. If this requirement is not met, the court may draw the inference that he considers guessed.
제22조 The judge may submit related documents in all cases and at any stage of the proceedings the parties or one of them orders to clarify certain positions or certain on the matter. Parties may refuse if there are compelling reasons. The judge will decide whether the refusal was justified, failing which there can make the inference that he considers guessed.
제23조 The judge decides on all that have applied for or requested the parties.
제24조 The judge shall examine and decide the case on the basis of what the parties have shown the substance to their claim, request or defense, unless it follows otherwise from the law.
제25조 The court officially completes the legal grounds.
제26조 The court may not refuse to decide.
제27조 1 The hearing is public. The judge can, however, recommend a total or partial treatment with closed doors or only with the authorization of certain persons:
a. in the interest of public order or morality,
b. in the interest of the security of the State,
c. if the interests of minors or respect for private life of the parties so require, or
d. if disclosure would seriously prejudice the interests of the proper administration of justice.
2 If someone at a hearing disrupts the order, the court may remove him.
제28조 1 The ruling is made in public.
2 Subject to Articles 231, first paragraph, and 290, third paragraph, provided the registrar to any person who so requests a copy of judgments and decisions, unless provision in the opinion of the Registrar for the protection of important interests of others, including parties should be refused in whole or in part. In the latter case, the clerk is sufficient provision of an anonymous copy or extract of the judgment, the judgment or order.
3 Under judgments and decisions include pieces that are attached to the statement. Other a case-related documents is a copy or extract provided to third parties.
4 of judgments and orders in cases heard in camera shall only be issued an anonymous copy or extract.
5 A request for a copy as referred to in the second paragraph should be addressed to the clerk of the court that has ruled. This will be in compliance with the request pay a court registry fee determined in accordance with Article 21, second paragraph, of the Law court fees civil matters.
6 For two weeks after the date of a total or partial refusal of a request to comply statement, the applicant can meet there written objection with the court.
7 By the order of the court decision is no appeal.
8 Under Article 15, second paragraph of Regulation (EC) No. 1/2003 of the European Union on December 16, 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ 2003 L 1 ) the Registrar shall promptly furnish a copy of judgments and judicial decisions concerning the application of Article 81 or 82 of the Treaty establishing the European Community to the Commission of the European Communities. The provision shall be made unless the judgment or decisions for the Supreme Court, through the Council for the Judiciary. If in the opinion of the Registrar the protection of important interests of others, including those of the parties, gives rise, the Registrar may suffice providing an anonymous copy of the judgment, the judgment or order.
제29조 1 It is prohibited to third parties to make statements about:
A. The proceedings at a hearing in camera or a hearing in which only certain people are allowed;
b. other data from proceedings if the judge so determined.
2 The court may ban referred to in the first paragraph, all or part, at the request of either party.
제30조 Judgments and decisions, keep the grounds on which they rest, unless otherwise arises from the law.
제31조 1 The judge improved at any time at the request of a party or of its own motion in its judgment, judgment or order an apparent miscalculation, clerical or obvious error that lends itself to easy recovery. The judge is not going to improve on then after having given the parties an opportunity to comment thereon.
The second improvement is pronounced by a court to be determined day and bearing these observation of compliance with the second sentence of the first paragraph of the minutes of the verdict, the judgment or made available.
3 From the enhanced minutes provided by the Registrar on the day of delivery to a copy made if necessary parties appeared in the original proceedings enforceable form. Previously issued statement made in enforceable form will lose its strength. The party in possession of a copy as referred to in the preceding sentence, this gives off to the Registrar. The execution was already under way, it may, subject to the continued improvement on the basis of improvement after the issued statement made in enforceable form.
4 Against the correction or denial thereof is no appeal.
제32조 1 The judge fills at any time at the request of a party ruling, judgment or decision on if he has failed to decide on a part of the claim or requested. The judge is not to the supplement on then after having given the parties an opportunity to comment thereon.
2 Article 31, second and third paragraphs, shall apply mutatis mutandis.
3 Against the refusal of the supplement is no appeal
제33조 1 Requests and communications may also be made electronically submitting this possibility for the relevant court, according to a court process that rules established. A court a request or communication may to one or more recipients is addressed, send electronically if the recipient has indicated that he has previously accessed this way. The accessibility in this way for the duration of proceedings, unless the recipient informs her that he amend or withdraw. The preceding sentences shall also apply for the submission of pleadings lodged and the transmission of documents by the Registrar.
2 In general administrative rules state the reliability and confidentiality of making requests and communications and the submission and transmission of documents as referred to in the first paragraph and may be associated with this shipping method further rules. By Order in Council may specify the cases where doing requests and communications and the introduction and transmission of documents can take place only electronically.
3 If issuance of request, notice or writ by a court is received electronically, the time when the application, communication and pleading shall have reached a data processing system for which the court has a responsibility. Shipments received before 24:00 on the last day of a term, considered as submitted within the deadline.
4 If issuance of request, notice or procedural document was transmitted electronically by a court, the time the message reaches applies a data processing system for which the court has no responsibility.
5 The Board of Directors proposal for a virtue to establish the second member to order shall not be made earlier than four weeks after the draft has been submitted to both Houses of Parliament.
제34조 1 When a procedure is continued after referral or after application of a remedy before a different court, the plaintiff is obliged to submit to the court:
A. A statement as referred to in Article 231 or Article 290 of the judgment, the judgment or order which the procedure referred to or against which the appeal has been lodged;
b. Copies of the rest of the procedure related documents.
2 The court may give further clues on the timing of submission.
3 Where proceedings following referral or application of a remedy before a different judge continues, the clerk of the court sends which the proceedings were pending, copies of the proceedings documents relating to the request to the clerk of the court where the proceedings continues. If so requested the Registrar shall send the documents in original.
제35조 1 By order in council can set further rules regarding the court to set time limits for carrying out procedural acts and could be restricted to the possibility of having to obtain deferment.
2 In general administrative, other further rules concerning the conduct of the procedure and detailed rules to promote the unity of the mode of administration of justice in the various dishes.
제4절 판사의 Challenge and change[편집]
제5절 대법원에의 기소와 법무장관[편집]
제5A절 유럽연합의 소비자 및 시장 위원회[편집]
제7절 외국법과 유럽연합 경쟁법의 정보[편집]
제8절 Recovery of incorrect initiation of a proceeding, or by reference to the subdistrict and reference absolute incompetence[편집]
제9절 최종 규정[편집]
제2장 최초 판결 절차[편집]
제78조 1 This Title shall apply to all matters not covered by Article 261, the third title is applicable, and unless it is excluded other specific legislation applicable.
2 Cases referred to in the first paragraph are referred to elsewhere in this Code as: issues to be initiated by summons.
제79조 1 The parties may litigate in cases before the cantonal court in person.
2 In all other cases the parties can not litigate in person, but only by a lawyer. They are considered to have chosen the final judgment in the alleged lawyer residence, unless they have declared that they have chosen a different residence. They can not revoke the lawyer asked by them without also ask another lawyer.
제80조 1 In cases where the parties can litigate in person, they can be assisted or be represented by an agent.
2 The district court may require an authorized submission of a written proxy.
3 The second paragraph does not apply to lawyers and bailiffs.
4 Parties shall be deemed to have elected until the final judgment at the authorized place of residence, unless they have declared that they have chosen a different residence.
제81조 1 The district court may by reasoned decision, assistance or representation by a person against whom there are serious doubts and that is not a lawyer or bailiff refuse. The refusal applies to a particular case or to be determined by the cantonal court time.
2 refusal to the party concerned and the person notified in writing referred to in paragraph stating the reason for the refusal. Also, the Subdistrict Court, the party the opportunity to appoint another person. In doing so, if necessary, to the case.
3 The district court may determine that a decision adopted under the first paragraph is immediately enforceable.
4 The person who has been denied, may, within four weeks after the dispatch of the decision an appeal with the Court.
5 The court decides to have been invited to provide the necessary information and after hearing the appellant after the cantonal court in question.
제82조 1 In cases where the parties can litigate in person, conclusions and acts taken at the hearing or by submitting the Registry before roldatum.
2 In these cases, conclusions and acts also be taken orally at the hearing.
3 In cases where the parties can not litigate in person, shall, if the hearing takes place at the roldatum, conclusions and documents at the hearing. If no hearing takes place, are claims and instruments in the roldatum taken by filing at the Registry on or before the roldatum.
제83조 1 In cases where the parties can litigate in person, the claims and deeds are, if they are not taken orally, signed by the party from whom the document was issued or authorized by it.
2 In cases where the parties can not litigate in person, these documents are signed by the lawyer.
제84조 1 Conclusions and acts shall be, when they are taken at the hearing, submitted to the Registrar.
2 In cases where the parties can litigate in person, the Registrar shall send as soon as possible a copy of these documents to the other party, provided that copy has not already been handed to her or to her representative at the hearing.
3 If oral concluded without the other party or its representative was present, the Registrar shall send a view of the substance of the claim to the other party or its representative.
4 In cases where the parties can not litigate in person, the lawyer shall not later than the roldatum a copy of these documents to the lawyer of the other party.
제85조 1 If a party summons, claim or instrument relies on single piece, it is required to enclose a copy of the document unless a copy has already been added to a previously pleading in the same case. The lapses obligation referred to in the preceding sentence if the other party declares not to require statement.
2 If the other party declares to demand inspection of the piece itself, the party which relies on the piece also obliged to deposit it at the Registry. In cases where the parties can not litigate in person may instead the piece to the other party's lawyer issued a receipt.
3 If a party still wishes to make any part in the proceedings after the day for an appearance by the parties at the hearing or hold oral arguments provided, it shall send a copy to the other party. At the same time, they provide a copy of the document to the Registrar.
4 If in respect of any document is not fulfilled any requirement of this article, or so late that the other party therefore not sufficiently able to state its views, they may use it to invoke the final judgment. In that case, or if such action is not done and the court has reason to assume that the other party has not received a copy of the document, he offers the party the opportunity yet to comment on the document, or he keeps on his decision to the detriment of the other party with the piece into account.
제86조 In Article 85, second paragraph referred to documents shall be returned within one week of the date of the receipt or, at the request of the party relying on the documents are filed within one week of notification to the other party that the documents lodged .
제87조 1 The court may, at the request of the parties or one of them or of its own motion, in all cases and at any stage of the proceedings orders an appearance of parties at the hearing in order to attempt a settlement.
2 The parties to attend the hearing in person or by proxy. In cases where they can not litigate in person, they appear in person or by attorney. The court may order appearance in person. Parties appearing at the hearing in person, may be assisted by their advisers. In cases where the parties can not litigate in person, his counsel is a lawyer.
3 If a settlement is reached, is if a party so requests, made a report, countersigned by the parties or their for that purpose special body representatives and of the commitments by the parties undertake as a result of that settlement, expressed. The issuance of this official report made in enforceable form.
4 If no settlement is reached, the judge determines the date on which the case will be on the roll.
제88조 A first appearance of parties at the hearing may also be ordered to provide information to the court. Article 87, second paragraph, shall apply.
2 The judge interrogates parties. The parties can ask each other questions, subject to the jurisdiction of the court to prevent responds to a particular question.
3 of the proceedings shall be made an official report that after reading signed by the judge and by the Registrar and the parties. If no information is given or appeared parties agree, the court may determine that for reading and signing by the parties omitted. Refuses to sign a lot or not they agree to it, then that refusal or statement contains the cause of impediment mentioned in the report. Also the report mentions by the court some day when the case will be on the roll.
4 A statement of facts to prove it can produce in favor of the party that no proof her sat. Moreover, the court may from the statements made, from a failure to appear at the hearing or in a refusal to reply or to sign conclude the report which he deems advisable, subject to Article 154.
제89조 If the purpose of an appearance at the hearing under Article 87 or Article 88, the order referred to is given in Article 22, the modest appearance in a way to determine the right day must before the date of the appearance on the court and in copies were sent to the other party.
제90조 1 In all cases where the judge sets a date on which the case will be on the role, he also determines the procedural act must be performed.
2 Should a case in any stage of the proceedings again for a procedural step in rolle, then this is done in a single room.
제91조 The clerk leaves as soon as possible a copy of the records to the prosecutor and the court in the defendant appeared.
제92조 If the Registrar to the parties transmit documents, this shall, unless the court determines otherwise, by ordinary mail.
제2절 지역간이법원의 관할[편집]
제93조 The subdistrict are treated and decided:
A. Matters relating to progress in a course of up to € 25,000, the summons until the day of accrued interest including, unless the legal title is in excess of that amount and the law is contested;
b. cases involving claims of indeterminate value where there are clear indications that the claim represents a higher value than € 25,000;
c. cases involving an employment contract, a collective agreement declared generally binding provisions of a collective agreement, an early retirement agreement referred to in the Act on guidelines early retirement public service, a consumer credit agreement with a credit sum of up to € 40,000 or an agency, rental, hire purchase or consumer sales contract, regardless of the course or the value of the claim;
d. other matters for which the law provides.
제94조 1 If a case more than one claim referred concerns Article 93 a and b, for the purposes of Article decisive overall course or the total value of these claims.
2 If a case involves more claims and at least one of them is a claim under Article 93 c or d, these claims are all handled by the cantonal judge and decide, as far as the connection between the claims precludes individual treatment.
3 In the case of business and counterclaim, at least one of the claim concerns the meaning of Article 93 c or d, the second paragraph shall apply.
4 In the case of a substance and a protective case, at least one of the claim concerns the meaning of Article 93 c or d, these claims are all handled by the cantonal judge and decide.
제3절 상대적 관할권[편집]
제99조 1 Unless otherwise provided by law, is entitled to the right of residence of the defendant.
2 In the absence of a known domicile of the defendant in The Netherlands, the judge of his actual residence.
제100조 In cases involving 개별적 근로 계약, 대리점 계약, 집단적 근로 계약 or generally binding provisions of a collective agreement is also competent the court in the place where the work is usually either was last carried out normally. In cases concerning an individual contract of employment, if the work is temporarily performed in the Netherlands, also authorized the court of the place where the employee temporarily performs the work, as far as legal proceedings related to employment and working conditions, which is based on Article 1 Law working cross-border employment, 7, 7a, 13 or 15 of the minimum Wage and minimum holiday allowance Article 2, paragraph of the Act generally binding and nonbinding declaring provisions of collective agreements, Article 8 or 11 of law Placement of Personnel by intermediaries and Article 5, paragraph b, d, e, f, of the equal treatment Act.
제101조 In matters relating to a contract concluded by a party acting in the exercise of a profession or business and a natural person not acting in the exercise of a profession or business, is also entitled to the right of residence or, failing that of it really that individual stay.
제102조 In matters relating to tort has also authorized the court of the place where the harmful event occurred.
제103조 In cases concerning immovable property is partly responsible the court within whose jurisdiction the case or the greater part thereof is situated. In cases concerning rent of housing or rental of premises within the meaning of Article 290 of Book 7 of the Civil Code, however, exclusive jurisdiction of the court within whose jurisdiction the leased property or the greater part thereof is situated.
제104조 1 In cases concerning estates is also competent the court of the last domicile of the deceased.
2 In cases concerning debts due from the deceased, the court designated in the first paragraph also competent.
제105조 In cases concerning the validity, nullity or dissolution of companies or legal validity, invalidity or legal consequences of their decisions or their institutions or the rights and obligations of their members or associates as such, is also entitled to the right of residence or place of establishment of the entity or the company.
제106조 In cases concerning the application of the statutory provisions relating to bankruptcy, suspension of payments and debt restructuring scheme for natural persons is also authorized the court where the magistrate is appointed or if no magistrate has been appointed in the event of suspension, the court on request has ruled to grant suspension.
제107조 If a court in respect of any of the joint in question defendants jurisdiction in question, that court is in respect of the other defendants have jurisdiction, provided that comprises such a connection between the actions against the separate defendants that reasons of efficiency a joint hearing justify.
제108조 1 the parties have by agreement designated a court to hear and determine disputes that have arisen or may arise in connection with a particular legal relationship according to their free provision, which courts have jurisdiction to hear the case, other than the agreement dictates otherwise.
2 However, the claim shall not exceed € 25,000 or is the individual employment contract or any matter referred to in Article 101 or Article 103, second sentence, has an agreement as referred to in paragraph no effect unless:
a. it has entered into after the dispute has arisen, or
b. the employee, the party not acting in the exercise of profession or business or the tenant turns to the designated judge.
3 An agreement designating a competent court is proved by a document. This requires a sufficient writing containing such a clause or which refers to general conditions containing such a clause, in that writing by or on behalf of the other party has expressly or impliedly accepted.
4 An agreement designating a competent court to be considered as a separate agreement. The designated court has jurisdiction to rule on the validity of the contract of which an agreement designating a competent court forms part or to which it relates.
제109조 Pointing Articles 99 to 108 no jurisdiction, then empowered the court of the domicile of the plaintiff or, if there are more plaintiffs, each plaintiff or, in the absence thereof, the court in The Hague .
제5절 절차의 행위[편집]
제139조 If the defendant does not set on the first or on the court specified roldatum at stake will appear or fails lawyer or, if payable, does not pay the court fees even though he was told by summons, and the deadlines and formalities have been complied with, the court shall grant absentia against him and he rejects the claim, unless it appears to him unlawful or unfounded.