Definition Of Zwangsgeld

Coercive Fines in German Law

Definition of Zwangsgeld

In German law, "Zwangsgeld" refers to a coercive fine or penalty imposed upon individuals to compel them to comply with a legal obligation or perform a certain act.

Distinction from Ordinary Fines

Unlike ordinary fines that are imposed as punishment for an offense, Zwangsgeld is intended to incentivize compliance rather than retribution. It is often used when other measures, such as warnings or administrative orders, have proven ineffective.

The amount of Zwangsgeld is determined by the severity of the non-compliance and the financial means of the individual. It is imposed by a court or administrative authority and must be paid promptly to avoid further penalties.

Examples of Zwangsgeld in Practice

Zwangsgeld can be used in various contexts, including: * Enforcing tax payments * Compelling witnesses to testify in court * Requiring individuals to remove unauthorized structures from their property * Enforcing environmental regulations

Legal Framework

The legal basis for Zwangsgeld in Germany is found in Section 285 of the Code of Civil Procedure (ZPO). This provision empowers courts and administrative authorities to impose Zwangsgeld if an individual fails to comply with their legal obligations.