Declaration In Lieu Of Affidavit for Germany

Declaration In Lieu Of Affidavit Template for Germany

A Declaration in Lieu of Affidavit under German law (eidesstattliche Versicherung) is a formal written statement where the declarant affirms the truth of certain facts or circumstances with the same legal weight as a sworn statement, but without the formal oath-taking procedure. This document, governed by German federal and state laws, carries serious legal consequences for false declarations under §156 StGB. It serves as a legally binding alternative to a formal affidavit and is widely accepted in administrative, civil, and business proceedings throughout Germany.

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What is a Declaration In Lieu Of Affidavit?

The Declaration In Lieu of Affidavit (eidesstattliche Versicherung) is a critical legal instrument in the German legal system, used when formal confirmation of facts is required without the need for court appearance or notarized oath-taking. This document type is commonly required in administrative proceedings, visa applications, academic institutions, professional certifications, and various business contexts. It contains the declarant's personal information, detailed statements of facts, and acknowledgment of legal consequences for false declarations. The document must comply with German federal laws, particularly §156 StGB regarding penalties for false declarations, and may require official verification depending on its intended use. While simpler than a formal affidavit, it carries equivalent legal weight and requires careful consideration of its contents due to potential criminal penalties for false statements.

What sections should be included in a Declaration In Lieu Of Affidavit?

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

2. Declaration Header: Title and statutory basis for the declaration, including reference to relevant German laws

3. Subject Matter: Clear statement of what the declaration relates to

4. Declaration Content: The main substantive statements being declared, presented in numbered paragraphs

5. Truth Acknowledgment: Standard clause acknowledging that the declarant is aware of the significance of a declaration in lieu of oath

6. Criminal Consequences Notice: Statement acknowledging awareness of criminal consequences of false declarations under §156 StGB

7. Date and Signature: Place, date, and signature of the declarant

What sections are optional to include in a Declaration In Lieu Of Affidavit?

1. Witness Statement: Required when the declaration needs to be witnessed by a specific authority or notary

2. Translation Certificate: Required when the declaration is translated from/to German, certifying the accuracy of the translation

3. Authority Confirmation: Required when the declaration needs official verification from a specific authority

4. Prior Declarations: Reference to any previous declarations on the same matter, if applicable

5. Capacity Statement: Statement of legal capacity when declaring on behalf of an organization or another person

What schedules should be included in a Declaration In Lieu Of Affidavit?

1. Identity Documents: Copies of passport or other identification documents referenced in the declaration

2. Supporting Evidence: Any documents specifically referenced in the declaration to support the statements made

3. Power of Attorney: If the declaration is made by a representative, the document authorizing them to act

4. Certified Translations: Official translations of any documents not in German or English that are referenced in the declaration

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Declaration Form

Cost

Free to use
Relevant Industries

Legal Services

Financial Services

Public Administration

Healthcare

Education

Immigration

Real Estate

Insurance

Banking

International Trade

Manufacturing

Professional Services

Relevant Teams

Legal

Compliance

Human Resources

Administration

Risk Management

Corporate Governance

Operations

Regulatory Affairs

Document Control

International Business

Relevant Roles

Legal Counsel

Compliance Officer

HR Manager

Administrative Manager

Immigration Officer

Company Secretary

Risk Manager

Corporate Lawyer

Business Development Manager

Operations Director

Chief Financial Officer

Regulatory Affairs Manager

Document Controller

Legal Administrator

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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