| Fachwort |
|
|
| Deutsch | recognition | Grundwort | fehlt |
| Fachbebiet | fehlt |
Trennung: | recogni|tion |
| Inhalt | fehlt |
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 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 . |
| BGB 83 If the endowment transaction is a testamentary disposition , the probate court must inform the competent public authority of this for the purpose of recognition , unless application is made by the heir or the executor . If the endowment transaction does not satisfy the requirements of section 81 ( 1 ) sentence 3 , the foundation shall be given a charter or additions shall be made to an incomplete charter by the competent public authority before recognition ; when this is done , the will of the founder is to be taken into account . The seat of a foundation , unless otherwise provided , is the place where the management is carried out . In case of doubt , the last residence of the founder within the country is deemed the seat . |
| |
