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Dokument BGB Book 4 Family Law
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1614

=U3= Sec1616 -- Section 1616 Birth name in the case of parents with family name

-- =S=> BGB 1616 The child receives the family name of its parents as its birth name .

=U3= Sec1617 -- Section 1617 Birth name in the case of parents without family name and with joint parental custody

-- =S=> BGB 1617. 1 If the parents have no family name and if they have joint parental custody , then , by declaration to the registry of births , deaths and marriages , they designate the name that the father or the mother has at the time of the declaration as the birth name of the child . A declaration made after the recording of the birth must be notarially certified . The designation made by the parents also applies for their further children .
=S=> BGB 1617. 2 If , within one month after the birth of the child , the parents make no designation , the family court transfers the right of designation to one parent . Subsection ( 1 ) applies with the necessary modifications . The court may impose a period of time on the parent for the exercise of the right of designation . If , after the period has ended , the right of designation has not been exercised , the child receives the name of the parent to whom the right of designation was transferred .
=S=> BGB 1617. 3 Where a child is not born on domestic territory , the court transfers to one parent the right of designation under subsection ( 2 ) only if a parent or the child applied for this or the entry of the name of the child in a German registry of civil status or in an official German identity document is necessary .

=U3= Sec1617a -- Section 1617a Birth name in the case of parents without family name and with sole parental custody

-- =S=> BGB 1617a. 1 If the parents have no family name and if only one of them has parental custody , the child receives the name that this parent has at the date of the birth of the child .
=S=> BGB 1617a. 2 The parent who has the sole parental custody for an unmarried child may , by declaration to the registry of births , deaths and marriages , give the child the name of the other parent . The giving of the name is subject to the consent of the other parent and , if the child has reached the age of five , also the consent of the child . The declarations must be notarially certified . The consent of the child is governed by section 1617c ( 1 ) with the necessary modifications .

=U3= Sec1617b -- Section 1617b Name in the case of subsequent joint parental custody or ostensible paternity

-- =S=> BGB 1617b. 1 If joint parental custody begins only when the child already has a name , the name of the child may be newly designated within three months after the beginning of the joint parental custody . If one parent , at the date when the joint parental custody begins , does not have his habitual residence on domestic territory , the period does not end before the end of a one-month period after his return to domestic territory . Where the child has reached the age of five , the designation is effective only if the child agrees with the designation . Section 1617 ( 1 ) and section 1617c ( 1 ) sentences 2 and 3 and ( 3 ) apply with the necessary modifications .
=S=> BGB 1617b. 2 Where it is finally and non-appealably established that a man whose family name has become the birth name of the child is not the father of the child , the child , on its application or , if the child has not yet reached the age of five , also on the application of the man , receives as birth name the name that the mother has at the date of the birth of the child . The application is made by declaration to the registry of births , deaths and marriages , which must be notarially certified . The application of the child is governed by section 1617c ( 1 ) sentences 2 and 3 with the necessary modifications .

=U3= Sec1617c -- Section 1617c Name in the case of change of name by the parents

-- =S=> BGB 1617c. 1 Where the parents designate a family name after the child has reached the age of five , the family name is also the birth name of the child only if the child agrees with the naming . A child with limited capacity to contract that has reached the age of fourteen may make the declaration only without a representative ; the approval of its legal representative is necessary for this . The declaration must be made to the registry of births , deaths and marriages ; it must be notarially certified .
=S=> BGB 1617c. 2 Subsection ( 1 ) applies with the necessary modifications if the family name , which has become the birth name of a child , is changed or if , in the cases of sections 1617 , 1617a and 1617b , the family name of a parent , which has become the birth name of a child , is changed in a different way than through marriage or entering into a civil partnership .
=S=> BGB 1617c. 3 A change of the birth name only affects the family name or the civil partnership name of the child if the spouse or civil partner also agrees with the change of name ; subsection ( 1 ) sentence 3 applies with the necessary modifications .

=U3= Sec1618 -- Section 1618 Bringing child under family name

-- =S=> BGB 1618 The parent who has the parental custody for an unmarried child alone or jointly with the other parent and his spouse who is not a parent of the child may , by declaration to the registry of births , deaths and marriages , give their family name to the child that they have taken into their joint household . They may also attach this name in front of or after the name of the child at the date of the declaration ; a family name attached earlier in front or after under half-sentence 1 lapses . Giving the name or attaching it in front or after requires the consent of the other parent where he has parental custody jointly with the parent giving the name or the child has his name and , if the child has reached the age of five , also the consent of the child . The family court may substitute the consent of the other parent if the giving of the name or attaching it before or after is necessary for the best interests of the child . The declarations must be notarially certified . Section 1617c applies with the necessary modifications .

=U3= Sec1618a -- Section 1618a Duty of assistance and respect

-- =S=> BGB 1618a Parents and children owe each other assistance and respect .

=U3= Sec1619 -- Section 1619 Services in house and business

-- =S=> BGB 1619 As long as the child belongs to the household of its parents and is brought up or maintained by its parents , it has a duty to perform services for its parents in their household and business in a manner appropriate for its strength and its position in life .

=U3= Sec1620 -- Section 1620 Outlays of the child for the household of its parents

-- =S=> BGB 1620 If a child of full age belonging to the household of the parents , in order to pay the costs of the household , makes an outlay from its assets , or if it gives the parents something from its assets for this purpose , then in case of doubt it is to be presumed that there is no intention to demand compensation .

=U0= -- --

=U3= Sec1624 -- Section 1624 Advancement from the parental assets

-- =S=> BGB 1624. 1 Whatever is given to a child by its father or its mother with regard to its marriage or to attaining an independent position in life to establish or to maintain a household or a position in life ( advancement ) is deemed to be a donation , even if there is no duty , only to the extent that the advancement exceeds the degree appropriate to the circumstances , in particular the financial circumstances of the father or the mother .
=S=> BGB 1624. 2 The duty of the person giving the advancement to give a warranty that there is no error in law or material defect is governed , even to the extent that the advancement is not deemed to be a donation , by the provisions applying to the warranty duty of the donor .

=U3= Sec1625 -- Section 1625 Advancement from the assets of the child

-- =S=> BGB 1625 If the father gives an advancement to a child whose assets by reason of parental custody , guardianship or custodianship are subject to the management of the father , then in case of doubt it is to be presumed that he gives it from these assets . This provision applies to the mother with the necessary modifications .