Pledge of rights of crime vic­tims

Pledge of rights of crime vic­tims

§ 1 Sta­tu­to­ry lien on receiv­a­bles

(1) The­re is a pledge of rights to a cla­im that a per­pe­tra­tor or par­ti­ci­pant in an unlawful act within the mea­ning of Sec­tion 11 (1) no. 5 of the Cri­mi­nal Code (cre­di­tor) acqui­res against a third par­ty (deb­tor) with regard to a public repre­sen­ta­ti­on of the act. A pledge of rights also exists if the public repre­sen­ta­ti­on con­cerns the per­son of the per­pe­tra­tor or par­ti­ci­pant, in par­ti­cu­lar his life sto­ry, his per­so­nal cir­cum­s­tances or his other beha­vi­or, and if the unlawful act is decisi­ve for the public repre­sen­ta­ti­on; this does not app­ly if more than five years have elap­sed bet­ween the act and the public repre­sen­ta­ti­on. The time limit beg­ins as soon as the act has been com­ple­ted. Sec­tions 187 and 188 of the Ger­man Civil Code shall app­ly.

(2) A cla­im under para­graph 1 may not be assi­gned befo­re it ari­ses.

(3) A pled­gee is a per­son who is to be regard­ed as an inju­red par­ty within the mea­ning of sec­tion 172 (1) of the Code of Cri­mi­nal Pro­ce­du­re and who has a cla­im for dama­ges against the per­pe­tra­tor or par­ti­ci­pant as a result of the unlawful act; the pledge of rights secu­res this cla­im.

pur­su­ant to § 1 OASG lien of the crime vic­tim
Auc­tions accor­ding to § 127 ZPO

Pur­su­ant to Sec­tion 127 ZPO, the insol­ven­cy admi­nis­tra­tor can effect the sale of items belon­ging to the insol­ven­cy estate in which cre­di­tors cla­im a con­trac­tu­al pledge of rights or equi­va­lent rights by public auc­tion or pri­va­te sale in accordance with the rules of the sale of pled­ges.

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