1045
=U4= Sec80 -- Section 80 Formation of a foundation having legal personality
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=S=> 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 .
=S=> 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 .
=S=> BGB 80. 3 Provisions of the Land legislation on church foundations are unaffected . The same applies with the necessary modifications to foundations which Land legislation treats as equivalent to church foundations .
=U4= Sec81 -- Section 81 Endowment transaction
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=S=> 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 .
=U4= Sec82 -- Section 82 Duty of founder to make transfers
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=S=> 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 .
=U4= Sec83 -- Section 83 Testamentary foundation
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=S=> 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 .
=U4= Sec84 -- Section 84 Recognition after the death of the founder
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=S=> BGB 84 If the foundation is recognised as having legal personality only after the death of the founder , then for the purpose of the endowment payments made by the founder it is deemed to have come into existence before his death .
=U4= Sec85 -- Section 85 Constitution of foundation
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=S=> BGB 85 The constitution of a foundation , to the extent that it is not based on federal or Land legislation , is determined by the endowment transaction .
=U4= Sec86 -- Section 86 Application of law on associations
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=S=> BGB 86 The provisions of sections 23 and 26 of section 27 ( 3 ) and of sections 28 to 31 and section 42 apply with the necessary modifications to foundations ; but the provisions of section 27 ( 3 ) and of section 28 ( 1 ) apply only to the extent that the constitution , in particular the administration of the foundation by a public authority , does not lead to a different conclusion . The provisions of section 28 ( 2 ) and of section 29 do not apply to foundations whose administration is conducted by a public authority .
=U4= Sec87 -- Section 87 Change of objects ; termination
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=S=> BGB 87. 1 If the objects of the foundation have become impossible to fulfil , or if they endanger the common good , the competent public authority may give the foundation another intended purpose or terminate it .
=S=> BGB 87. 2 When the objects are altered , the intention of the founder should be taken into account , and in particular , it should be ensured that the income of the foundation assets is maintained for the group of persons that it was meant to benefit , as intended by the founder . The public authority may amend the constitution of the foundation to the extent that the alteration of the objects requires this .
=S=> BGB 87. 3 Before the objects are altered and the constitution is changed , the board of the foundation should be heard .
=U4= Sec88 -- Section 88 Devolution of property
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=S=> BGB 88 When the foundation ceases to exist , the property devolves on the persons specified in the constitution . If no persons entitled are specified , the property devolves on the treasury of the Land in which the foundation had its seat , or on another person entitled to receive under the law of this Land . The provisions of sections 46 to 53 apply with the necessary modifications .
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