Affidavit Of Oath Template for Germany

An Affidavit of Oath (Eidesstattliche Versicherung) is a powerful legal document that allows you to make sworn statements under German law. When you execute this document, you are formally declaring that specific facts are true to the best of your knowledge, with the understanding that false statements can result in criminal prosecution under German Criminal Code § 156.

When do you need this document?

You will need an Affidavit of Oath in various legal and administrative situations throughout Germany. Courts frequently require these documents as evidence in civil proceedings, particularly when witness testimony is unavailable or when establishing facts for legal decisions. Administrative bodies use affidavits for immigration proceedings, pension claims, and social security matters. In business contexts, you might need this document for debt collection procedures, property transfers, or insurance claims. Family law matters often require affidavits for custody proceedings, inheritance disputes, or marriage-related legal issues. Financial institutions may request affidavits for loan applications or account verification procedures.

Key legal considerations

Several critical legal elements must be carefully addressed when preparing your affidavit. Your personal information must be completely accurate, including full legal name, current address, and official identification details. The factual statements you make must be specific, clear, and within your personal knowledge - you cannot swear to facts you only heard from others or assume to be true. The purpose statement must clearly explain why the affidavit is being created and how it will be used. Most importantly, you must understand that making false statements constitutes perjury under German law, punishable by fines or imprisonment. The document must include proper verification clauses and acknowledge the criminal consequences of false declarations.

Legal requirements in Germany

German law imposes strict requirements on Affidavits of Oath that you must follow for validity. Under the Notarization Act (BeurkG), the document must be executed before a qualified notary public who will verify your identity using official identification documents. The Civil Code (BGB) §§ 128-129 mandates specific written form requirements that must be met. Your affidavit must be written in German or include certified translations if originally in another language. The Code of Civil Procedure (ZPO) §§ 415-418 governs how these documents serve as evidence in legal proceedings. Data protection requirements under the Federal Data Protection Act (BDSG) must be considered when handling personal information. The notary will maintain records of the notarization process and may be required to report certain matters to authorities. Administrative procedures under the Administrative Procedure Act (VwVfG) § 27 apply when the affidavit is used in governmental proceedings.