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Section16General venue of persons without a place of residence The general venue of a person who has no place of residence shall be determined by that person’s place of abode in Germany and, where no such place of abode is known, by that person’s last place of residence.table of contents(1) The general venue of the municipalities, corporate bodies, and of those companies, co-operatives or other associations as well as of those foundations, institutions, and available assets that may be sued as such is defined by their registered seat.Unless anything to the contrary is stipulated elsewhere, a legal person’s registered seat shall be deemed to be the place at which it has its administrative centre.(3) It is admissible to determine a venue, in derogation from what is determined by the stipulations of the present subsection, by statute or by other special provision.table of contents The general venue of the treasury of the government is determined by the official seat of the public authority authorised to represent the government treasury in the legal dispute.table of contents Where the location at which a public authority has its official seat is divided up into several judicial districts, the district that is to be deemed the official seat of the authority as defined by sections17 and18 shall be determined, for federal authorities, by the Federal Minister of Justice, while the Land department of justice (Landesjustizverwaltung) shall determine said district for all other agencies; in either case, this will be effected by a general order.table of contents The general venue of an insolvency administrator for actions concerning the insolvency estate is determined by the seat of the insolvency court.table of contents Where persons have their place of abode at a location under circumstances that, by their nature, indicate that their abode will be of a longer term, in particular because such persons are household help, workers, assistants in commercial enterprises, university students, pupils, or apprentices, the court of their place of abode shall have jurisdiction for all actions that may be brought against these persons for claims under property law.table of contents(1) Should someone have a place of business serving the operation of a factory, a trade enterprise, or any other commercial establishment, and from which transactions are directly concluded, all actions that relate to the operation of the place of business may be brought against that person at the court of the location at which the place of business is situate.

If the motion for recusal is declared justified, the part of the hearing that took place after the motion was filed is to be repeated.table of contents The court competent for conclusively dealing with the motion to recuse a judge is to decide on the matter also in those cases in which such a motion is not appropriate, but in which the judge notifies the court that a relationship exists that might justify his recusal, or in which other reasons give rise to concerns that the judge might be disqualified by law.table of contents The stipulations of the present Title shall apply mutatis mutandis also to the records clerk of the court registry; the decision shall be handed down by the court at which that records clerk is employed.table of contents Title1Capacity to be a party to court proceedings; capacity to sue and be suedtable of contents(1) Any person having legal capacity shall also have the capacity of being a party to court proceedings.

Section51Capacity to sue and be sued; legal representation; pursuit of court proceedings(2) Any fault of a legal representative shall be equivalent to the fault of the party.

An exclusive jurisdiction has been established for the complaint.

Title4Disqualification and recusal of court personneltable of contents A judge is disqualified by law from exercising judicial office:2.

In all matters concerning his spouse or former spouse;3.

In all matters concerning persons who are or were directly related to him, either by blood or by marriage, or who are or were related as third-degree relatives in the collateral line, or who are or were second-degree relatives by marriage in the collateral line;5.Where several persons having their general venue with different courts are to be sued as joined parties at the general venue, and where no specific jurisdiction common to all parties has been established for the legal dispute;5.Where different courts have declared in a legal dispute that they are competent and that their judgments are final and binding;(2) In the event the next higher court common to all parties is the Federal Court of Justice (Bundesgerichtshof, BGH), the competent court will be determined by that higher regional court (Oberlandesgericht, OLG) in the jurisdiction of which the court initially dealing with the matter is situate.Section29a Exclusive jurisdiction of spaces governed by a tenancy or lease agreement(1) For disputes concerning claims under tenancy or lease relationships regarding spaces, or disputes regarding the existence of such relationships, the court in the jurisdiction of which the spaces are situate shall have exclusive competence.Section29b(repealed)table of contents(3) An agreement will be deemed admissibly made, in derogation from subsection(1), in those cases in which, following the conclusion of the contract, the consumer relocates his place of residence or habitual place of abode to a location outside the territorial scope of this Act, or in which the consumer’s place of residence or habitual place of abode is not known at the time proceedings are brought in the courts.table of contents(1) For legal disputes arising from the carriage of goods, also that court shall be competent in the jurisdiction of which the place is situate at which the goods were received for carriage, or at which the goods are intended to be delivered.Section52Scope of the capacity to sue and be sued Section53Legal disability in case of custodianship or curatorship Section53a(repealed)table of contents Individual actions to be taken in the proceedings, for which special authorisation is required under the stipulations of civil law, shall be valid also without such authorisation if the authorisation was granted for the pursuit of the proceedings in general, or if the pursuit of such proceedings is an available remedy also without such general authorisation.table of contents A foreigner who, according to the laws of his country, lacks the capacity to sue and be sued, shall be deemed to have such capacity if, pursuant to the laws to which the court hearing the case is subject, he is entitled to such capacity to sue and be sued.table of contents(1) The court is to take account ex officio of any lack in terms of the capacity to be a party to court proceedings, of the capacity to sue and be sued, of the legitimisation of a legal representative, and of the required authorisation to pursue legal proceedings.

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