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Affidavit Of Statement Of Facts Template for Germany

An Affidavit of Statement of Facts under German law (Eidesstattliche Versicherung) is a formal written declaration made under oath or affirmation, where the declarant solemnly swears to the truth of the stated facts. Subject to German legal requirements, particularly the German Civil Code (BGB) and Civil Procedure Code (ZPO), this document must be notarized and carries significant legal weight. It serves as sworn testimony in various legal and administrative proceedings, with false statements potentially resulting in criminal penalties under German law.

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What is a Affidavit Of Statement Of Facts?

An Affidavit of Statement of Facts is a crucial legal instrument in the German legal system, used when formal written testimony or verification of facts is required. This document type is commonly required in court proceedings, administrative matters, or business transactions where formal verification of facts is necessary. The affidavit must comply with German legal requirements, including notarization and specific formal elements as prescribed by the German Civil Code and Notarisation Act. It carries significant legal weight, and false statements can result in criminal prosecution. The document is particularly important in cases where direct testimony isn't possible or when written verification of facts is required by authorities or business partners.

What sections should be included in a Affidavit Of Statement Of Facts?

1. Title and Designation: Formal title of the document as 'Eidesstattliche Versicherung' (Affidavit) with the specific subject matter referenced

2. Declarant Information: Full legal name, address, and identification details of the person making the affidavit

3. Competency Statement: Declaration of the person's legal capacity and competency to make the statement

4. Purpose Declaration: Clear statement of the purpose for which the affidavit is being made

5. Statement of Facts: Chronological or logical presentation of the facts being attested to, with each fact clearly numbered and separated

6. Truth Affirmation: Formal declaration that all statements made are true and correct to the best of the declarant's knowledge

7. Legal Warning: Statement acknowledging understanding of the legal consequences of making false statements in an affidavit

8. Signature Block: Space for date, location, and signatures of the declarant and notary

What sections are optional to include in a Affidavit Of Statement Of Facts?

1. Supporting References: Section citing any relevant documents or evidence supporting the stated facts, used when external verification is available

2. Witness Information: Details of any witnesses to the facts stated, included when witness corroboration is relevant

3. Prior Statements: Reference to any previous statements or affidavits on the same matter, included when there is relevant history

4. Language Confirmation: Statement confirming that the affidavit has been translated (if applicable) and understood by the declarant, used for non-German speakers

5. Supplementary Explanations: Additional context or explanations for complex facts, included when simple statements need elaboration

What schedules should be included in a Affidavit Of Statement Of Facts?

1. Documentary Evidence: Copies of relevant documents referenced in the affidavit

2. Photograph Appendix: Relevant photographs or images referenced in the statement of facts

3. Translation Certificate: Official translation certificate if the affidavit is in multiple languages

4. Identity Documents: Copies of identification documents of the declarant

5. Supporting Certificates: Any relevant certificates or official documents that support the stated facts

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Germany

Cost

Free to use

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