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OLG Bremen: Receipt of the sender is sufficient to prove service of a document

The question of when a fax is received as has long been disputed. Now, even the OLG Bremen the fax report the sender regarded as sufficient proof of delivery.
This was not some time ago of course. Following an earlier decision, the fax report shows that is only the production at the connection between the transmitter and receiver, but can not exclude that the data transmission is possibly failed because of an interruption or interference in the public network (as BGH, NJW 1995, 665) . Following this case, the sender's fax report helps further.
have however made clear in recent times, the OLG Frankfurt and the Supreme Court that a delivery report submitted generated for the benefit of the deliverer a prima facie case (as the Supreme Court) or at least be borne by the recipient a secondary burden of proof generated, after which he must demonstrate that the transmission of the fax for understandable reasons, has failed (so the OLG Frankfurt).
also OLG Bremen now holds in his decision 3 U 41/10 dated 31.8.10 = FamRZ 2011, 233, the submission of a report for a shipper ausreihenden proof. Download

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