kopfgodoku.de
Listenanzeige
Fachwort
Deutschendowment Grundwort fehlt
Fachbebietfehlt Trennung: endowment
Inhaltfehlt Status:
Worttyp fehlt
BGB 80. 1 The creation of a foundation with legal personality requires an endowment transaction and the recognition of this by the competent public authority of the Land in which the foundation is to have its seat .
BGB 80. 2 A foundation is to be recognised as having legal personality if the endowment transaction satisfies the requirements of section 81 ( 1 ) below , if the long-term and sustained achievement of the object of the foundation appears guaranteed and if the object of the foundation does not endanger the common good .
BGB 81. 1 A lifetime endowment transaction must be in writing . It must contain the binding declaration by the founder that he will dedicate assets to achieve an object specified by himself . The endowment transaction must give the foundation a charter with provisions on the name of the foundation , the seat of the foundation , the objects of the foundation , the assets of the foundation , the composition of the foundation board . If the endowment transaction does not satisfy the requirements of sentence 3 above and if the founder is dead , section 83 sentences 2 to 4 apply with the necessary modifications . BGB 81. 2 Until the foundation is recognised as having legal personality , the founder has a right to revoke the endowment transaction . If an application has been made for recognition by the competent public authority , the revocation may be declared only to that public authority . The heir of the founder is not entitled to revoke the endowment transaction if the founder made the application to the competent public authority , or , if the endowment transaction was notarially recorded , the founder , at or after the notarial recording , instructed the notary to make the application .
BGB 82 If the foundation is recognised as having legal personality , the founder has a duty to transfer to the foundation the assets promised in the endowment transaction . Rights that can be transferred by contract of transfer pass to the foundation on recognition , unless the endowment transaction indicates that the founder intended otherwise .