What is the science behind missed deadlines
Reinstatement in the previous state
the elimination of a legal disadvantage resulting from failure to expire a deadline through a judicial decision, for example in civil proceedings (§§ 233–238 ZPO).
Permissible only in the case of emergency periods and deadlines for justifying the appeal and revision.
requirement is that the party without her fault was prevented from meeting the deadline.
The fault of Legal Representative is considered to be the party's own fault. In the future (from January 1, 2014) a lack of fault will be assumed if instructions on legal remedies according to § 232 ZPO new version are omitted or incorrect (cf. § 233 sentence 2 ZPO new version; §§ 26 paragraph 2, 28 EGGVG , Section 11 Rechtspflegergesetz, Section 68 (2) Court Fees Act, Section 31 (4) Cost Regulation, Section 33 (5) sentence 1 Lawyers' Remuneration Act.
Reinstatement in the previous state is only on Request granted to the defaulting party, which must be submitted within two weeks of the removal of the obstacle. It must contain credible evidence of the facts on which the reinstatement is based. At the same time, the missed procedural act, e.g. filing an appeal, must be made up for.
About the application is basically together with the main thing decided; If the court grants reinstatement to the previous status, the procedural act is deemed to have been carried out in good time.
Similar principles apply in other procedures, e.g. in administrative proceedings (§ 32 VwVfG), in administrative jurisdiction (§ 60 VwGO), in social jurisdiction (§ 67 SGG) and financial jurisdiction (§ 56 FGO, § 110 AO).
According to the AO, the application for reinstatement in the previous status must be submitted within one month after the obstacle has ceased to exist. The missed action must be made up for within the order period. The application must be made credible by presenting the facts. An application for reinstatement in the previous status or to make up for the omitted act is no longer possible if one year has passed since the end of the period (exception in the event of force majeure).
In criminal proceedings, the fault of the accused applies. Failure to meet the deadline is always through no fault of your own if legally prescribed legal remedies have not been given (Section 44 of the Code of Criminal Procedure). The application must be made within one week after the obstacle has ceased to exist (Section 45 of the Code of Criminal Procedure).
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