25475
=U2= Tit1 -- Title 1 Engagement
--
=U3= Sec1297 -- Section 1297 Non-actionability , nullity of a promise to pay a penalty
--
=S=> BGB 1297. 1 No action for the entering into of a marriage may be based on an engagement .
=S=> BGB 1297. 2 The promise to pay a penalty for the eventuality that the marriage is not entered into is void .
=U3= Sec1298 -- Section 1298 Duty of compensation in the case of withdrawal
--
=S=> BGB 1298. 1 If an engaged person withdraws from the engagement , he must reimburse the other engaged person and the parents of the other engaged person , and also third parties who acted in place of the parents , for the damage arising from the fact that in expectation of the marriage they incurred outlays or liabilities . He must also compensate the other engaged person for the damage suffered by the latter because in expectation of the marriage he has taken other measures affecting his property or his earnings .
=S=> BGB 1298. 2 The damage is to be compensated for only to the extent that the outlays , the entering into the obligations and the other measures were reasonable in the circumstances .
=S=> BGB 1298. 3 The duty to compensate does not arise if there is a compelling reason for the withdrawal .
=U3= Sec1299 -- Section 1299 Withdrawal by reason of fault of the other party
--
=S=> BGB 1299 If one engaged person causes the other to withdraw by reason of the fault of the former , and this fault is a compelling reason for the withdrawal , then under section 1298 ( 1 ) and ( 2 ) he is obliged to pay damages .
=U3= Sec1300 -- Section 1300 repealed
--
=U3= Sec1301 -- Section 1301 Return of the presents
--
=S=> BGB 1301 If the marriage does not take place , each engaged person may require the other to return what the former gave as a present or as a sign of the engagement , under the provisions on the return of unjust enrichment . In case of doubt it should be assumed that the claim for return is to be excluded if the engagement ends as a result of the death of one of the engaged persons .
=U3= Sec1302 -- Section 1302 Limitation
--
=S=> BGB 1302 The claims specified in sections 1298 to 1301 are subject to a two-year limitation period after the breaking off of the engagement .
=U2= Tit2 -- Title 2 Entering into marriage
--
=U3= UTit1 -- Subtitle 1 Capacity to marry
--
=U4= Sec1303 -- Section 1303 Marriageable age
--
=U4= Sec1304 -- Section 1304 Incapacity to contract
--
=U4= Sec1305 -- Section 1305 repealed
--
=U3= UTit2 -- Subtitle 2 Impediments to marriage
--
=U4= Sec1306 -- Section 1306 Existing marriage or civil partnership
--
=U4= Sec1307 -- Section 1307 Relationship by blood
--
=U4= Sec1308 -- Section 1308 Adoption
--
=U3= UTit3 -- Subtitle 3 Certificate of no impediment
--
=U4= Sec1309 -- Section 1309 Certificate of no impediment for foreigners
--
=U3= UTit4 -- Subtitle 4 Marriage
--
=U4= Sec1310 -- Section 1310 Jurisdiction of the registrar of births , deaths and marriages , curing defective marriages
--
=U4= Sec1311 -- Section 1311 Personal declaration
--
=U4= Sec1312 -- Section 1312 Marriage ceremony
--
=U2= Tit3 -- Title 3 Annulment of marriage
--
=U3= Sec1313 -- Section 1313 Annulment by judicial decision
--
=S=> BGB 1313 A marriage may be annulled only by a judicial decision on petition . The marriage is dissolved when the decision becomes final and absolute . The conditions under which a petition for annulment may be made follow from the following provisions .
=U3= Sec1314 -- Section 1314 Grounds of annulment
--
=S=> BGB 1314. 1 A marriage may be annulled if it was entered into contrary to the provisions of sections 1303 , 1304 , 1306 , 1307 and 1311.
=S=> BGB 1314. 2 In addition , a marriage may be annulled if a spouse was in a state of unconsciousness or temporary mental disturbance on the occasion of the marriage ; a spouse did not know , on the occasion of the marriage , that a marriage was taking place ; a spouse was induced to enter into the marriage by deceit as to circumstances such as , if he had known the factual position and if he had correctly appreciated the nature of marriage , would have prevented him from entering into the marriage ; this does not apply where the deceit relates to financial circumstances or was exercised by a third party without the knowledge of the other spouse ; a spouse was unlawfully induced to enter into the marriage by duress ; both spouses were in agreement on the occasion of the marriage that they did not intend to create a duty under section 1353 ( 1 ) .
=U3= Sec1315 -- Section 1315 Exclusion of annulment
--
=S=> BGB 1315. 1 An annulment of the marriage is excluded in the case of a breach of section 1303 , where the requirements of section 1303 ( 2 ) were satisfied on the occasion of the marriage and the family court , as long as the spouse is not of full age , ratifies the marriage or if the spouse , after he is of full age , has indicated that he intends to continue the marriage ( confirmation ) ; in the case of a breach of section 1304 , if the spouse , after the incapacity to contract ends , has indicated that he intends to continue the marriage ( confirmation ) ; in the case of section 1314 ( 2 ) no . 1 , if the spouse , after the unconsciousness or the mental disturbance ends , has indicated that he intends to continue the marriage ( confirmation ) ; in the cases of section 1314 ( 2 ) nos . 2 to 4 , if the spouse , after discovery of the mistake or the deceit or after the position of constraint ends , has indicated that he intends to continue the marriage ( confirmation ) ; in the cases of section 1314 ( 2 ) no . 5 , if the spouses , after the marriage , lived together as spouses . The confirmation of a person incapable of contracting is ineffective . The confirmation of a minor , in the case of a breach of section 1304 and in the case of section 1314 ( 2 ) no . 1 , is subject to the approval of his legal representative ; if the legal representative refuses the approval without weighty reasons , the family court may , on the application of the minor , substitute the approval .
=S=> BGB 1315. 2 An annulment of the marriage is further excluded in the case of a breach of section 1306 , if , before the new marriage is entered into , the dissolution by divorce or the annulment of the former marriage or the annulment of the civil partnership is pronounced and this pronouncement becomes final and absolute after the new marriage is entered into ; in the case of a breach of section 1311 , if the spouses , after entering into the marriage , lived together as spouses for five years , or , if one of them died earlier , until the death of that spouse , but for a minimum of three years , unless at the end of the five years or at the time of the death a petition for annulment has been made .
=U3= Sec1316 -- Section 1316 Entitlement to petition
--
=S=> BGB 1316. 1 The following persons are entitled to petition : The following persons are entitled to petition : in the case of a breach of sections 1303 , 1304 , 1306 , 1307 and 1311 , and in the cases of section 1314 ( 2 ) nos . 1 and 5 , either spouse , the competent administrative authority and in the cases of section 1306 the third person too . The competent administrative authority is determined by statutory order of the Land governments . The Land governments may transfer the authorisation under sentence 2 to the competent supreme Land authorities by statutory order ; in the cases of section 1314 ( 2 ) nos . 2 to 4 , the spouse named there .
=S=> BGB 1316. 2 For a spouse who is incapable of contracting , the petition may be filed only by his legal representative . In the other cases , a minor spouse may file the petition only without a representative ; he does not need the approval of his legal representative for this .
=S=> BGB 1316. 3 In the case of a breach of sections 1304 , 1306 and 1307 , and in the cases of section 1314 ( 2 ) nos . 1 and 5 , the competent administrative authority should file the petition , unless the annulment of the marriage would represent such severe hardship for one spouse or for the children of the marriage that , exceptionally , it seems advisable to maintain the marriage .
=U3= Sec1317 -- Section 1317 Period for filing petition
--
=S=> BGB 1317. 1 In the cases of section 1314 ( 2 ) nos . 2 to 4 , the petition may be filed only within one year . The period for filing begins on the discovery of the mistake or the deceit or when the position of constraint ends ; however , the period for the legal representative of a spouse who is incapable of contracting does not begin before the date on which he becomes aware of the circumstances that cause the period to commence , and in the case of a minor spouse not before he is of full age . Section 206 and section 210 ( 1 ) sentence 1 are to be applied to the running of the period with the necessary modifications .
=S=> BGB 1317. 2 If the legal representative of a spouse without capacity to contract does not file the petition in good time , the spouse himself , within six months after the incapacity to contract comes to an end , may file the petition .
=S=> BGB 1317. 3 If the marriage has been dissolved , the petition may not be filed again .
=U3= Sec1318 -- Section 1318 Consequences of annulment
--
=S=> BGB 1318. 4 The provisions of the Household Effects Order [ Hausratsverordnung ] apply with the necessary modifications ; here , particular account is to be taken of the circumstances when the marriage is entered into , and in the case of a breach of section 1306 of the concerns of the third person .
=S=> BGB 1318. 5 Section 1931 does not apply in favour of a spouse who , in the case of a breach of sections 1304 , 1306 , 1307 or section 1311 or in the case of section 1314 ( 2 ) no . 1 , knew when the marriage was entered into that the marriage was voidable .
=U2= Tit4 -- Title 4 Remarriage after declaration of death
--
=U3= Sec1319 -- Section 1319 Annulment of the previous marriage
--
=S=> BGB 1319. 1 Where a spouse , after the other spouse has been declared dead , enters into a new marriage , then , if the spouse declared dead is still alive , the new marriage may be annulled for breach of section 1306 only if both spouses knew when the marriage was entered into that the spouse declared dead was still alive at the date of the declaration of death .
=S=> BGB 1319. 2 On the entering into of the new marriage , the earlier marriage is dissolved , unless both spouses of the new marriage knew when the marriage was entered into that the spouse declared dead was still alive at the date of the declaration of death . It remains dissolved even if the declaration of death is cancelled .
=U3= Sec1320 -- Section 1320 Annulment of the new marriage
--
=S=> BGB 1320. 1 If the spouse declared dead is still alive , then notwithstanding section 1319 , his former spouse may petition for the annulment of the new marriage , unless he knew when the marriage was entered into that the spouse declared dead was still alive at the date of the declaration of death . The annulment may be petitioned for only within one year . The period begins on the date on which the spouse of the former marriage obtained knowledge that the spouse declared dead was still alive . Section 1317 ( 1 ) sentence 3 and ( 2 ) applies with the necessary modifications .
=S=> BGB 1320. 2 The consequences of the annulment are governed by section 1318 with the necessary modifications .
=U0= -- --
=U2= Tit5 -- Title 5 Effects of marriage in general
--
=U3= Sec1353 -- Section 1353 Conjugal community
--
=S=> BGB 1353. 1 Marriage is entered into for life . The spouses have a mutual duty of conjugal community ; they are responsible for each other .
=S=> BGB 1353. 2 A spouse is not obliged to comply with the demand of the other spouse to create the community if the demand shows itself as an abuse of his right or if the marriage has broken down .
=U3= Sec1354 -- Section 1354 repealed
--
=U3= Sec1355 -- Section 1355 Family name
--
=S=> BGB 1355. 1 The spouses should determine a common family name ( family name ) . The spouses have the family name determined by them . If the spouses do not determine a family name , they keep the names they use when the marriage is entered into after the marriage too .
=S=> BGB 1355. 2 The spouses may choose the birth name of the husband or the wife or the name the husband or wife had at the time of the declaration on the determination of the family name as family name by declaration to the registry of births , deaths and marriages .
=S=> BGB 1355. 3 The declaration on the determination of the family name should be made when the marriage is entered into . If the declaration is made later , it must be notarially certified .
=S=> BGB 1355. 4 A spouse whose name does not become the family name may , by declaration to the registry of births , deaths and marriages , attach his birth name or the name he has at the time of the declaration on the determination of the family name before or after the family name . This does not apply if the family name consists of more than one name . If the name of one spouse consists of more than one name , only one of these names may be attached . The declaration may be revoked to the registry of births , deaths and marriages ; in this case , a new declaration under sentence 1 is not admissible . The declaration and the revocation must be notarially certified .
=S=> BGB 1355. 5 The widowed or divorced spouse retains the family name . He may , by declaration to the registry of births , deaths and marriages , reassume his birth name or the name that he had until the determination of the family name , or attach his birth name or the name he had at the time of the determination of the family name before or after the family name . Subsection ( 4 ) applies with the necessary modifications .
=S=> BGB 1355. 6 Birth name means the name that is to be entered in the birth certificate of a spouse at the date of the declaration to the registry of births , deaths and marriages .
=U3= Sec1356 -- Section 1356 Household management , gainful employment
--
=S=> BGB 1356. 1 The spouses provide for the household management in mutual agreement . If the household management is left to one of the spouses , that spouse manages the household on his own responsibility .
=S=> BGB 1356. 2 Both spouses are entitled to be gainfully employed . In the choice and exercise of a gainful employment , they must take the necessary account of the concerns of the other spouse and the family .
=U3= Sec1357 -- Section 1357 Transactions to provide the necessities of life
--
=S=> BGB 1357. 1 Each spouse is entitled to enter into transactions to appropriately provide the necessities of life of the family , also binding the other spouse . Such transactions entitle and oblige both spouses , unless it appears otherwise from the circumstances .
=S=> BGB 1357. 2 One spouse may restrict or exclude the entitlement of the other spouse to enter into transactions binding him ; if there is no adequate reason for the restriction or exclusion , the family court must cancel it on application . Towards third parties , the restriction or exclusion is effective only in compliance with section 1412.
=S=> BGB 1357. 3 Subsection ( 1 ) does not apply if the spouses live apart .
=U3= Sec1358 -- Section 1358 repealed
--
=U3= Sec1359 -- Section 1359 Scope of duty of care
--
=S=> BGB 1359 In the performance of the duties arising from the marriage relationship , the spouses are answerable to each other only for the care they customarily exercise in their own affairs .
=U3= Sec1360 -- Section 1360 Duty of family maintenance
--
=S=> BGB 1360 The spouses have a duty to each other to appropriately maintain the family through their work and with their assets . If the household management is entrusted to one spouse , he normally performs his duty of contributing to family maintenance through work by carrying out the household management .
=U3= Sec1360a -- Section 1360a Scope of the obligation to maintain
--
=S=> BGB 1360a. 1 The reasonable maintenance of the family includes everything that is necessary , depending on the circumstances of the spouses , to pay the costs of the household and to satisfy the personal needs of the spouses and the necessities of life of the children of the family entitled to maintenance .
=S=> BGB 1360a. 2 Maintenance must be provided in the manner that is required by conjugal community . The spouses have a duty to each other to provide for a reasonable period of time in advance the means necessary for the collective maintenance of the family .
=S=> BGB 1360a. 3 The provisions of sections 1613 to 1615 that govern the duty of relatives to maintain apply with the necessary modifications .
=S=> BGB 1360a. 4 If a spouse is not in a position to bear the costs of a legal dispute which relates to a personal matter , the other spouse has a duty to advance him these costs , insofar as this is equitable . The same applies to the costs of defence in criminal proceedings in which a spouse is the defendant .
=U3= Sec1360b -- Section 1360b Overpayment
--
=S=> BGB 1360b If a spouse makes a larger contribution to the maintenance of the family than he is obliged to , then in case of doubt it is to be assumed that he does not intend to demand reimbursement from the other spouse .
=U3= Sec1361 -- Section 1361 Maintenance when spouses are living apart
--
=S=> BGB 1361. 1 If the spouses are living apart , one spouse may demand from the other the maintenance appropriate with regard to the standard of living and the earnings and property situation of the spouses ; for outlays resulting from injury to body and health , section 1610a applies . If divorce proceedings are pending between the spouses , who are living apart , then maintenance , from the date when the proceedings are pending , also includes the costs of appropriate insurance for old age and for reduced earning capacity .
=S=> BGB 1361. 2 The spouse who is not gainfully employed can be required to earn his own maintenance through gainful employment only if this can be expected of him in view of his personal circumstances , in particular by reason of earlier gainful employment , taking into account the duration of the marriage , and with regard to the financial circumstances of both spouses .
=S=> BGB 1361. 3 The provision of section 1579 nos . 2 to 8 on the restriction or refusal of maintenance by reason of gross inequity applies with the necessary modifications .
=S=> BGB 1361. 4 The day-to-day maintenance is to be rendered by making periodical payments . The periodical payments are to be paid monthly in advance . The person obliged owes the full monthly amount even if the person entitled dies in the course of the month . Section 1360a ( 3 ) and ( 4 ) and sections 1360b and 1605 apply with the necessary modifications .
=U3= Sec1361a -- Section 1361a Allocation of household effects when spouses are living apart
--
=S=> BGB 1361a. 1 If the spouses are living apart , either of them may require the other spouse to deliver to him the household objects that belong to him . However , he has a duty to permit the other spouse to continue to use them to the extent that the latter needs them to maintain a separate household and the permission of use in the circumstances of the case is equitable .
=S=> BGB 1361a. 2 Household objects which belong to the spouses jointly are allocated between them in accordance with the principles of equity .
=S=> BGB 1361a. 3 If the spouses cannot agree , the competent court decides . The court may determine a reasonable payment for the use of the household objects .
=S=> BGB 1361a. 4 The property relations are unaffected unless the spouses agree otherwise .
=U3= Sec1361b -- Section 1361b Matrimonial home when spouses are living apart
--
=S=> BGB 1361b. 1 If the spouses are living apart or if one of them wishes to live apart , one spouse may demand that the other permit him the sole use of the matrimonial home or of part of the matrimonial home , to the extent that this is necessary , taking account of the concerns of the other spouse , in order to avoid an inequitable hardship . An inequitable hardship may also exist if the best interests of children living in the household are adversely affected . If one spouse alone or together with a third party is entitled to the ownership of or a heritable building right or usufruct in the plot of land on which the matrimonial home is situated , special account must be taken of this ; similar provisions apply to the ownership of an apartment , a permanent residential right and a right of habitation running with the land .
=S=> BGB 1361b. 2 If the spouse against whom the application is directed has unlawfully and intentionally injured the body , health or liberty of the other spouse or unlawfully threatened such an injury or injury to life , then as a general rule sole use of the whole home is to be permitted . The claim to permission of use of the home is excluded only if no further injuries and unlawful threats are to be feared , unless the injured spouse cannot be expected to continue living together with the other by reason of the severity of the act .
=S=> BGB 1361b. 3 If one spouse has been permitted the use of the matrimonial home in whole or in part , the other spouse must refrain from everything that is suitable to render more difficult or defeat the exercise of this right of use . He may demand from the spouse with the right of use payment for the use , insofar as this is equitable .
=S=> BGB 1361b. 4 If , after the spouses commence living apart in the meaning of section 1567 ( 1 ) , a spouse moves from the matrimonial home , and if within six months after moving out he has not notified the other spouse of a serious intention to return , it is irrebuttably presumed that he has permitted the spouse who remained in the matrimonial home the sole right of use .
=U3= Sec1362 -- Section 1362 Presumption of ownership
--
=S=> BGB 1362. 1 It is presumed in favour of the creditors of the husband and the creditors of the wife that the movable things that are in the possession of one spouse or of both spouses belong to the debtor . This presumption does not apply if the spouses are living apart and the things are in the possession of the spouse who is not the debtor . Bearer instruments and instruments made out to order which have a blank endorsement are treated in the same way as movable things .
=S=> BGB 1362. 2 It is presumed of the things intended exclusively for the personal use of a spouse , as between the spouses to each other and between the spouses and the creditors , that they belong to the spouse for whose use they are intended .
=U2= Tit6 -- Title 6 Matrimonial property regime
--
=U3= UTit1 -- Subtitle 1 Statutory property regime
--
=U4= Sec1363 -- Section 1363 Community of accrued gains
--
=U4= Sec1364 -- Section 1364 Management of property
--
=U4= Sec1365 -- Section 1365 Disposition of property as a whole
--
=U4= Sec1366 -- Section 1366 Ratification of contracts
--
=U4= Sec1367 -- Section 1367 Unilateral legal transactions
--
=U4= Sec1368 -- Section 1368 Asserting the ineffectiveness
--
=U4= Sec1369 -- Section 1369 Dispositions of household objects
--
=U4= Sec1370 -- Section 1370 Replacement of household objects
--
=U4= Sec1371 -- Section 1371 Equalisation of accrued gains in the case of death
--
=U4= Sec1372 -- Section 1372 Equalisation of accrued gains in other cases
--
=U4= Sec1373 -- Section 1373 Accrued gains
--
=U4= Sec1374 -- Section 1374 Initial assets
--
=U4= Sec1375 -- Section 1375 Final assets
--
=U4= Sec1376 -- Section 1376 Ascertainment of the value of the initial and final assets
--
=U4= Sec1377 -- Section 1377 List of initial assets
--
=U4= Sec1378 -- Section 1378 Equalisation claim
--
=U4= Sec1379 -- Section 1379 Duty of information
--
=U4= Sec1380 -- Section 1380 Set-off of advancements
--
=U4= Sec1381 -- Section 1381 Refusal of satisfaction for gross inequity
--
=U4= Sec1382 -- Section 1382 Deferment
--
=U4= Sec1383 -- Section 1383 Transfer of assets
--
=U4= Sec1384 -- Section 1384 Date of calculation in the case of divorce
--
=U4= Sec1385 -- Section 1385 Premature equalisation of accrued gains when spouses are living apart
--
=U4= Sec1386 -- Section 1386 Premature equalisation of accrued gains in other cases
--
=U4= Sec1387 -- Section 1387 Date of calculation in the case of premature equalisation
--
=U4= Sec1388 -- Section 1388 Occurrence of separation of property
--
=U4= Sec1389 -- Section 1389 Provision of security
--
=U4= Sec1390 -- Section 1390 Claims against third parties of the person entitled to equalisation
--
=U0= -- --
=U3= UTit2 -- Subtitle 2 Contractual property regime
--
=U4= Kap1 -- Chapter 1 General provisions
--
=U4= Kap2 -- Chapter 2 Separation of property
--
=U4= Kap3 -- Chapter 3 Community of property Subchapter 1 General provisions
--
=U3= UTit3 -- Subtitle 3 Marriage property register
--
=U4= Sec1558 -- Section 1558 Competent registration court
--
=U4= Sec1559 -- Section 1559 Change of habitual residence
--
=U4= Sec1560 -- Section 1560 Application for entry
--
=U4= Sec1561 -- Section 1561 Requirements for application
--
=U4= Sec1562 -- Section 1562 Public notice
--
=U4= Sec1563 -- Section 1563 Inspection of the register
--
=U2= Tit7 -- Title 7 Divorce
--
=U3= UTit1 -- Subtitle 1 Grounds of divorce
--
=U4= Sec1564 -- Section 1564 Divorce by judicial decision
--
=U4= Sec1565 -- Section 1565 Breakdown of marriage
--
=U4= Sec1566 -- Section 1566 Presumption of breakdown
--
=U4= Sec1567 -- Section 1567 Living apart
--
=U4= Sec1568 -- Section 1568 Hardship clause
--
=U3= UTit2 -- Subtitle 2 Maintenance of the divorced spouse
--
=U4= Kap1 -- Chapter 1 Principle
--
=U4= Kap2 -- Chapter 2 Entitlement to maintenance
--
=U4= Kap3 -- Chapter 3 Ability to pay and priority
--
=U4= Kap4 -- Chapter 4 Form of the maintenance claim
--
=U4= Kap5 -- Chapter 5 End of the maintenance claim
--
=U3= UTit3 -- Subtitle 3 Equalisation of pension rights
--
=U4= Kap1 -- Chapter 1 Principle
--
=U4= Kap2 -- Chapter 2 Equalisation of value of expectancies or prospects of a pension
--
=U4= Kap3 -- Chapter 3 Contractual equalisation of pension rights
--
=U4= Kap4 -- Chapter 4 Agreements between the parties
--
=U4= Kap5 -- Chapter 5 Protection of the person obliged under the pension
--
=U2= Tit8 -- Title 8 Church duties
--
=U3= Sec1588 -- Section 1588 ( no heading )
--
=S=> Division 2 Relationship
=U2= Tit1 -- Title 1 General provisions
--
=U3= Sec1589 -- Section 1589 Relationship by blood
--
=S=> BGB 1589. 1 Persons one of whom is descended from the other are related lineally . Persons who are not related in direct line but who are descended from the same third person are related collaterally . The degree of relationship is determined by the number of intermediate births .
=S=> BGB 1589. 2 ( repealed )
=U3= Sec1590 -- Section 1590 Relationship by marriage
--
=S=> BGB 1590. 1 The relatives of a spouse are related to the other spouse by marriage . The line and the degree of the relationship by marriage are determined according to the line and the degree of the intermediate relationship by blood .
=S=> BGB 1590. 2 Relationship by marriage continues even if the marriage by which it was created has been dissolved .
=U2= Tit2 -- Title 2 Descent
--
=U3= Sec1591 -- Section 1591 Maternity
--
=S=> BGB 1591 The mother of a child is the woman who gave birth to it .
=U3= Sec1592 -- Section 1592 Paternity
--
=S=> BGB 1592 The father of a child is the man who is married to the mother of the child at the date of the birth , who has acknowledged paternity or whose paternity has been judicially established under section 1600d or section 182 ( 1 ) of the Act on the Procedure in Family Matters and in Matters of Non-contentious Jurisdiction [ Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit ] .
=U3= Sec1593 -- Section 1593 Paternity in the case of dissolution of the marriage by death
--
=U3= Sec1592 -- Section 1592 no . 1 applies with the necessary modifications if the marriage has been dissolved by death and within 300 days after the dissolution a child is born . If it is certain that the child was conceived more than 300 days before its birth , this period of time is conclusive . If a woman who has entered into a further marriage gives birth to a child that would be both the child of the former husband under sentences 1 and 2 and the child of the new husband under section 1592 no . 1 , it is to be regarded only as the child of the new husband . If the paternity is challenged and if it is finally and non-appealably established that the new husband is not the father of the child , then it is the child of the former husband . Section 1594
--
=S=> BGB 1592 Acknowledgement of paternity
=S=> BGB 1592. 1 The legal effects of acknowledgement may , to the extent that statute does not provide otherwise , be asserted only from the date on which the acknowledgement becomes effective .
=S=> BGB 1592. 2 An acknowledgement of paternity is not effective as long as the paternity of another man is in effect .
=S=> BGB 1592. 3 An acknowledgement subject to a condition or a stipulation as to time is ineffective .
=S=> BGB 1592. 4 The acknowledgement is admissible even before the birth of the child .
=U3= Sec1595 -- Section 1595 Need for approval of the acknowledgement
--
=S=> BGB 1595. 1 The acknowledgement requires the approval of the mother .
=S=> BGB 1595. 2 The acknowledgement also requires the approval of the child if the mother does not have parental custody in this respect .
=S=> BGB 1595. 3 The approval is governed by section 1594 ( 3 ) and ( 4 ) with the necessary modifications .
=U3= Sec1596 -- Section 1596 Acknowledgement and approval in the case of lack of capacity to contract or limited capacity to contract
--
=S=> BGB 1596. 1 A person whose capacity to contract is limited may only acknowledge without a representative . The approval of the legal representative is required . For a person who has no capacity to contract , the legal representative may acknowledge , with the approval of the family court ; if the legal representative is a custodian , approval of the custodianship court is necessary . The approval of the mother is governed by sentences 1 to 3 with the necessary modifications .
=S=> BGB 1596. 2 For a child that is incapable of contracting or is not yet fourteen years old , only the legal representative may approve the acknowledgement . Apart from this , a child that has limited capacity to contract can only give approval without a representative ; this requires the approval of the legal representative .
=S=> BGB 1596. 3 A person of full age placed under care who is capable of contracting may only acknowledge or give approval without a representative ; section 1903 is unaffected .
=S=> BGB 1596. 4 Acknowledgement and approval may not be declared by an authorised representative .
=U3= Sec1597 -- Section 1597 Formal requirements ; revocation
--
=S=> BGB 1597. 1 Acknowledgement and approval must be notarially recorded .
=S=> BGB 1597. 2 Certified copies of the acknowledgement and of all declarations that are important for the effectiveness of the acknowledgement are to be sent to the father , the mother and the child , and to the registry of births , deaths and marriages .
=S=> BGB 1597. 3 The man may revoke the acknowledgement if it has not yet become effective one year after the recording . The revocation is governed by subsections ( 1 ) and ( 2 ) and section 1594 ( 3 ) and section 1596 ( 1 ) , ( 3 ) and ( 4 ) with the necessary modifications .
=U3= Sec1598 -- Section 1598 Ineffectiveness of acknowledgement , approval and revocation
--
=S=> BGB 1598. 1 Acknowledgement , approval and revocation are ineffective only if they do not satisfy the requirements of the above provisions .
=S=> BGB 1598. 2 Where , since the entry in a German register of civil status , five years have passed , the acknowledgement is effective , even if it does not satisfy the requirements of the above provisions .
=U3= Sec1598a -- Section 1598a Claim to consent to a genetic examination to clarify natural parentage
--
=S=> BGB 1598a. 1 To clarify the natural parentage of the child , the father may require mother and child , the mother may require father and child , and the child may require both parents to consent to a genetic paternity test and to acquiesce in the taking of a genetic sample appropriate for the test . The sample must be taken in compliance with the recognised principles of science .
=S=> BGB 1598a. 2 On the application of a person entitled to clarify , the family court must substitute consent that has not been given and order acquiescence in the taking of a sample .
=S=> BGB 1598a. 3 The court suspends the proceeds if and as long as the clarification of the natural parentage would result in a considerable adverse effect on the best interests of the minor child which would be unreasonable for the child even taking into account the concerns of the person entitled to clarify .
=S=> BGB 1598a. 4 A person who has consented to a genetic paternity test and has given a genetic sample may require the person entitled to clarify who has had a paternity test made to permit inspection of the genetic paternity test report or to provide a copy . The family court decides disputes arising from the claim under sentence 1.
=U3= Sec1599 -- Section 1599 Non-existence of paternity
--
=S=> BGB 1599. 1 Section 1592 nos . 1 and 2 and section 1593 do not apply if , by reason of contestation , it has been finally and non-appealably established that the man is not the father of the child .
=S=> BGB 1599. 2 Section 1592 no . 1 and section 1593 also do not apply if the child is born after a divorce petition is pending at court and a third person , at the latest before the end of one year after the decree granting the divorce petition has become final and absolute , acknowledges paternity ; section 1594 ( 2 ) does not apply . In addition to the declarations necessary under sections 1595 and 1596 , the acknowledgement requires the approval of the man who is married to the mother at the date of the birth ; this approval is governed by section 1594 ( 3 ) and ( 4 ) , section 1596 ( 1 ) sentences 1 to 3 , ( 3 ) and ( 4 ) , section 1597 ( 1 ) and ( 2 ) and section 1598 ( 1 ) with the necessary modifications . The acknowledgement becomes effective at the earliest when the decree granting the petition for divorce becomes final and absolute .
=U3= Sec1600 -- Section 1600 Persons entitled to contest
--
=S=> BGB 1600. 5 If the child , with the consent of the man and the mother , was conceived by means of artificial insemination by sperm donation from a third person , the contestation of paternity by the man or the mother is excluded .
=S=> BGB 1600. 6 The Land governments are authorised to specify the public authorities under subsection ( 1 ) no . 5 by statutory order . The Land governments may transfer this authorisation by statutory order to the competent supreme Land authorities . If the public authority does not have local jurisdiction under these provisions , the jurisdiction is determined by the seat of the court that is competent for the action .
=U3= Sec1600a -- Section 1600a Personal contestation ; contestation in the case of lack of capacity to contract or limited capacity to contract
--
=S=> BGB 1600a. 1 The contestation may not be made through an authorised representative .
=S=> BGB 1600a. 2 The persons entitled to contest in the meaning of section 1600 ( 1 ) nos . 1 to 3 may contest the paternity only without a representative . This also applies if they have limited capacity to contract ; they do not need the approval of their legal representatives for this . If they have no capacity to contract , only their legal representative may contest .
=S=> BGB 1600a. 3 For a child that is incapable of contracting or has limited capacity to contract , only the legal representative may contest .
=S=> BGB 1600a. 4 The contestation through the legal representative is admissible only if it serves the best interests of the person represented .
=S=> BGB 1600a. 5 A person of full age placed under care who is capable of contracting may contest the paternity only without a representative .
=U3= Sec1600b -- Section 1600b Contestation periods
--
=S=> BGB 1600b. 1 The paternity may be contested at court within two years . The period commences on the date on which the person entitled learns of the circumstances that argue against the paternity ; the existence of a social and family relationship in the meaning of section 1600 ( 2 ) first alternative does not prevent the period from running .
=S=> BGB 1600b. 1a In the case of section 1600 subsection ( 1 ) no . 5 , the paternity may be contested in court within one year . The period commences when the public authority entitled to contest paternity obtains knowledge of the fact that justify the assumption that the requirements for its right to contest are satisfied . The contestation is excluded at the latest after the expiry of five years after the acknowledgement of paternity for a child born in the Federal territory ; failing this , at the latest five years after the entry into the country of the child .
=S=> BGB 1600b. 2 The period does not commence before the birth of the child , nor before the acknowledgement has become effective . In the cases of section 1593 sentence 4 , the period does not begin before the finality and non-appealability of the decision finding that the new husband of the mother is not the father of the child .
=S=> BGB 1600b. 3 If the legal representative of a minor child did not contest the paternity in good time , the child may contest it itself after it has reached the age of majority . In this case , the period does not begin before the minor becomes of full age , nor before the date on which the child learns of the circumstances that argue against the paternity .
=S=> BGB 1600b. 4 If the legal representative of a person incapable of contracting did not contest the paternity in good time , the person entitled to contest may himself contest after the lack of capacity to contract comes to an end . Subsection ( 3 ) sentence 2 applies with the necessary modifications .
=S=> BGB 1600b. 5 The period is suspended by the commencement of proceedings under section 1598a subsection ( 2 ) ; section 204 subsection ( 2 ) applies with the necessary modifications . The period is also suspended as long as the person entitled to contest is unlawfully prevented from contestation by threat . Apart from this , sections 206 and 210 apply with the necessary modifications .
=S=> BGB 1600b. 6 If the child obtains knowledge of circumstances on the basis of which the consequences of the paternity are unreasonable for it , the period of subsection ( 1 ) sentence 1 commences again for the child on this date .
=U3= Sec1600c -- Section 1600c Presumption of paternity in contestation proceedings
--
=S=> BGB 1600c. 1 In the proceedings to contest the paternity , it is presumed that the child is the descendant of the man whose paternity exists under section 1592 nos . 1 and 2 and section 1593.
=S=> BGB 1600c. 2 The presumption under subsection ( 1 ) does not apply if the man who has acknowledged paternity contests the paternity and his acknowledgement suffers from a defect in the intention under section 119 ( 1 ) and section 123 ; in this case , section 1600d ( 2 ) and ( 3 ) apply with the necessary modifications .
=U3= Sec1600d -- Section 1600d Court determination of paternity
--
=S=> BGB 1600d. 1 If there is no paternity under section 1592 nos . 1 and 2 and section 1593 , the paternity must be determined by the court .
=S=> BGB 1600d. 2 In the proceedings for court determination of paternity , it is presumed that the father is the man who had sexual intercourse with the mother in the period of conception . The presumption does not apply if there are serious doubts as to the paternity .
=S=> BGB 1600d. 3 The period of conception is deemed to be the time from the 300th to the 181st day before the birth of the child , including both the 300th and the 181st days . If it is certain that the child was conceived outside the period of sentence 1 , this deviating period of time is deemed to be the period of conception .
=S=> BGB 1600d. 4 The legal effects of paternity may , to the extent that statute does not provide otherwise , be asserted only from the date on which they are established .
=U3= Sec1600e -- Section 1600e Jurisdiction of the family court ; right of action and answerability as the proper party
--
=S=> BGB 1600e. 1 The family court decides on the determination or contestation of paternity upon an action of the man against the child , upon an action of the mother or the child against the man , in the case of contestation under section 1600 subsection ( 1 ) no . 2 upon an action against the child and the father in the meaning of section 1600 subsection ( 1 ) no . 1 or in the case of contestation under section 1600 subsection ( 1 ) no . 5 upon an action against the child and the father in the meaning of section 1592 no . 2. If a person against whom the action would have to be directed in the case of contestation under section 1600 ( 1 ) no . 2 or 5 is deceased , the action is to be directed only against the other person .
=S=> BGB 1600e. 2 If the persons against whom the action would have to be directed are deceased , the family court decides on the application of the person or the public authority that would be entitled to take action under subsection ( 1 ) .
=U2= Tit3 -- Title 3 Obligation to maintain
--
=U3= UTit1 -- Subtitle 1 General provisions
--
=U4= Sec1601 -- Section 1601 Persons with an obligation to maintain
--
=U4= Sec1602 -- Section 1602 Indigence
--
=U4= Sec1603 -- Section 1603 Ability to pay
--
=U4= Sec1604 -- Section 1604 Influence of the matrimonial property regime
--
=U4= Sec1605 -- Section 1605 Duty of information
--
=U4= Sec1606 -- Section 1606 Order of priority of more than one person obliged
--
=U4= Sec1607 -- Section 1607 Substituted liability and statutory passing of claim
--
=U4= Sec1608 -- Section 1608 Liability of the spouse or civil partner
--
=U4= Sec1609 -- Section 1609 Priority of more than person entitled to maintenance
--
=U4= Sec1610 -- Section 1610 Amount of maintenance
--
=U4= Sec1610a -- Section 1610a Presumption of cover in the case of additional expenditure resulting from injury
--
=U4= Sec1611 -- Section 1611 Restriction or end of obligation
--
=U4= Sec1612 -- Section 1612 Nature of maintenance payment
--
=U4= Sec1612a -- Section 1612a Minimum maintenance of minor children
--
=U4= Sec1612b -- Section 1612b Meeting cash requirements through child benefit
--
=U4= Sec1612c -- Section 1612c Set-off of other child-related payments
--
=U4= Sec1612b -- Section 1612b applies with the necessary modifications for regularly recurring child-related payments to the extent that they exclude the claim for child benefit . Section 1613
--
=U4= Sec1614 -- Section 1614 Waiver of maintenance claim ; advance performance
--
=U4= Sec1615 -- Section 1615 Extinction of the maintenance claim
--
=U3= UTit2 -- Subtitle 2 Special provisions for the child and its parents who are not married to each other
--
=U4= Sec1615a -- Section 1615a Applicable provisions
--
=U0= -- --
=U4= Sec1615l -- Section 1615l Maintenance claim of mother and father by reason of the birth
--
=U4= Sec1615m -- Section 1615m Funeral costs for the mother
--
=U4= Sec1615n -- Section 1615n No expiry on the death of the father or stillbirth
--
=U4= Sec1615o -- Section 1615o repealed
--
=U2= Tit4 -- Title 4 Legal relationship between the parents and the child in general
--
=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 .
=U2= Tit5 -- Title 5 Parental custody
--
=U3= Sec1626 -- Section 1626 Parental custody , principles
--
=S=> BGB 1626. 3 The best interests of the child as a general rule include contact with both parents . The same applies to contact with other persons to whom the child has ties , if maintaining these ties is beneficial for its development .
=U3= Sec1626a -- Section 1626a Parental custody of parents who are not married to each other ; declarations of parental custody
--
=S=> BGB 1626a. 1 Where the parents , at the date of the birth of the child , are not married to each other , they have joint parental custody if they declare that they wish to take on parental custody jointly ( declarations of parental custody ) , or marry each other .
=S=> BGB 1626a. 2 Apart from this , the mother has the parental custody .
=U3= Sec1626b -- Section 1626b Special requirements for the effectiveness of the declaration of parental custody
--
=S=> BGB 1626b. 1 A declaration of parental custody subject to a condition or a stipulation as to time is ineffective .
=S=> BGB 1626b. 2 The declaration of parental custody may be made even before the birth of the child .
=S=> BGB 1626b. 3 A declaration of parental custody is ineffective to the extent that a court decision on parental custody under sections 1671 and 1672 has been made or such a decision has been altered under section 1696 ( 1 ) .
=U3= Sec1626c -- Section 1626c Declaring in person ; parent with limited capacity to contract
--
=S=> BGB 1626c. 1 The parents may make the declarations of parental custody only without a representative .
=S=> BGB 1626c. 2 The declaration of parental custody of a parent with limited capacity to contract is subject to the approval of his legal representative . The approval may only be given by the legal representative without a representative ; section 1626b ( 1 ) and ( 2 ) applies with the necessary modifications . The family court must substitute the approval on the application of the parent with limited capacity to contract if the declaration of parental custody does not conflict with the welfare of this parent .
=U3= Sec1626d -- Section 1626d Form ; duty of notification
--
=S=> BGB 1626d. 1 Declarations of parental custody and approvals must be notarially recorded .
=S=> BGB 1626d. 2 The reporting agency without undue delay notifies the making of declarations of parental custody and approvals , stating the date of birth and place of birth of the child and the name that the child had at the time when its birth was recorded to the youth welfare office competent under section 87c ( 6 ) sentence 2 of Book Eight of the Social Security Code [ Sozialgesetzbuch ] for the purpose of giving information under section 58a of Book Eight of the Social Security Code [ Sozialgesetzbuch ] .
=U3= Sec1626e -- Section 1626e Ineffectiveness
--
=S=> BGB 1626e Declarations of parental custody are ineffective only if they do not satisfy the requirements of the above provisions .
=U3= Sec1627 -- Section 1627 Exercise of parental custody
--
=S=> BGB 1627 The parents must exercise the parental custody on their own responsibility and in mutual agreement for the best interests of the child . In the case of differences of opinion , they must attempt to agree .
=U3= Sec1628 -- Section 1628 Court decision in the case of differences of opinion between the parents
--
=S=> BGB 1628 If the parents , in a single matter or in a particular kind of matter of parental custody the arrangements for which are of substantial importance for the child , cannot agree , the family court , on the application of a parent , may transfer the decision to one parent . The transfer may be subject to limitations or conditions .
=U3= Sec1629 -- Section 1629 Representation of the child
--
=S=> BGB 1629. 1 Parental custody includes the representation of the child . The parents represent the child jointly ; where a declaration of intention is to be made to the child , it is sufficient if it is made to one parent . One parent represents the child alone , to the extent that he exercises parental custody alone or the decision has been transferred to him under section 1628. In the case of imminent danger , each parent is entitled to undertake all legal act that are necessary for the best interests of the child ; the other parent is to be informed without undue delay .
=S=> BGB 1629. 2 The father and the mother may not represent the child to the extent that under section 1795 a guardian is excluded from the representation of the child . If the parental custody for a child is held by the parents jointly , then the parent in whose charge the child is may assert maintenance claims of the child against the other parent . The family court may deprive the father and the mother under section 1796 of the representation ; this does not apply to the determination of paternity .
=S=> BGB 1629. 2a The father and the mother may not represent the child in court proceedings under section 1598a ( 2 ) .
=S=> BGB 1629. 3 If the parents of the child are married to each other , then one parent , as long as the parents live apart or a matrimonial matter is pending at court between them , may assert maintenance claims of the child against the other parent only in his own name . A court decision obtained by one parent and a court settlement entered into between the parents also take effect for and against the child .
=U3= Sec1629a -- Section 1629a Restriction of liability of minors
--
=S=> BGB 1629a. 1 The liability for obligations that the parents , as part of their statutory power of agency , or other persons entitled to represent , as part of their power of agency , have created with effect for the child by legal transaction or another action , or that have arisen on the basis of an acquisition as a result of death that occurred during the minority , is restricted to the inventory of the assets of the child that are in existence when the child reaches the age of majority ; the same applies to obligations arising from legal transactions that the minor under sections 107 and 108 or section 111 entered into with the approval of his parents or for obligations arising from legal transactions for which the parents received the approval of the family court . If the minor who is now of full age relies on the restriction of liability , the provisions of sections 1990 and 1991 for the liability of the heir apply with the necessary modifications .
=S=> BGB 1629a. 2 Subsection ( 1 ) does not apply to obligations from the independent operation of a trade or business to the extent that the minor was entitled to do this under section 112 , and for obligations from legal transactions that served solely the satisfaction of his personal needs .
=S=> BGB 1629a. 3 The rights of the creditors against co-debtors and those who are jointly liable and their rights arising from a security created for the claim or from a priority notice securing its creation are not affected by subsection ( 1 ) .
=S=> BGB 1629a. 4 If a member of a community of heirs or an association of persons does not within three months after the minor reaches full age demand the partitioning of the estate or the termination of the association , then in case of doubt it is to be assumed that the obligation arising from such a relationship arose after the minor reached full age ; similar provisions apply to the proprietor of a trading business who has reached full age and who does not terminate this within three months after reaching full age . Under the preconditions set out in sentence 1 , it is also presumed that the present assets of the person who has reached full age were already in existence when he reached full age .
=U3= Sec1630 -- Section 1630 Parental custody in the case of appointment of a curator or of foster care
--
=S=> BGB 1630. 1 The parental custody does not extend to matters of the child for which a curator has been appointed .
=S=> BGB 1630. 2 Where the care for the person of the child or the care for the property of the child is the responsibility of a curator , then the family court decides , if the parents and the curator cannot agree in a matter that relates to both the person and the property of the child .
=S=> BGB 1630. 3 If the parents place the child in foster care for a long period of time , the family court , on the application of the parents or of the foster carer , may transfer matters of parental custody to the foster carer . For the transfer on the application of the foster carer , the approval of the parents is required . In the scope of the transfer , the foster carer has the rights and duties of a curator .
=U3= Sec1631 -- Section 1631 Contents and limits of care for the person of the child
--
=S=> BGB 1631. 1 The care for the person of the child includes without limitation the duty and the right to care for , bring up and supervise the child and to specify its abode .
=S=> BGB 1631. 2 Children have a right to non-violent upbringing . Physical punishments , psychological injuries and other degrading measures are inadmissible .
=S=> BGB 1631. 3 The family court is to support the parents , on application , in exercising care for the person of the child in suitable cases .
=U3= Sec1631a -- Section 1631a Training and occupation
--
=S=> BGB 1631a In matters of training and of occupation , the parents take account in particular of the aptitude and inclination of the child . If there are doubts , the advice of a teacher or of another suitable person should be obtained .
=U3= Sec1631b -- Section 1631b Accommodation associated with deprivation of liberty
--
=S=> BGB 1631b Accommodation for the child that is associated with deprivation of liberty requires the approval of the family court . Accommodation is permissible if it is necessary in the childs best interests , in particular in order to avert a danger to the child himself or to a third-party and the danger cannot be remedied by other means , including via other public assistance . Without approval , accommodation is only permissible if delay entails risk ; the approval must thereafter be obtained without undue delay .
=U3= Sec1631c -- Section 1631c Prohibition of sterilisation
--
=S=> BGB 1631c The parents may not consent to a sterilisation of the child . Nor can the child itself consent to the sterilisation . Section 1909 does not apply .
=U3= Sec1632 -- Section 1632 Surrender of the child ; determination of contact ; order that child remains in foster care
--
=S=> BGB 1632. 1 The care for the person of the child includes the right to require surrender of the child from every person who is unlawfully withholding it from the parents or from one parent .
=S=> BGB 1632. 2 The care for the person of the child also includes the right to determine contact for the child , even with effect for and against third parties .
=S=> BGB 1632. 3 Disputes that relate to a matter under subsection ( 1 ) or 2 are decided by the family court on the application of a parent .
=S=> BGB 1632. 4 Where the child has lived in foster care for a long period of time , and where the parents want to remove the child from the foster carer , the family court may , of its own motion or on the application of the foster carer , order that the child remains with the foster carer , if and as long as the best interests of the child would be endangered by the removal .
=U3= Sec1633 -- Section 1633 Care for the person of the child in the case of a married minor
--
=S=> BGB 1633 The care for the person of a minor child that is or was married is restricted to representation in the personal matters .
=U0= -- --
=U3= Sec1638 -- Section 1638 Restriction of care for the property of the child
--
=S=> BGB 1638. 1 The care for the property of the child does not extend to the property which the child acquires as a result of death or which is given it free of charge inter vivos if the testator by testamentary disposition or the donor when making the disposition stipulated that the parents were not to manage the property .
=S=> BGB 1638. 2 The parents may also not manage whatever the child acquires on the basis of a right that is part of such property or as compensation for the destruction , damage or deprivation of an object that is part of the property or by a legal transaction that relates to the property .
=S=> BGB 1638. 3 If it is stipulated by testamentary disposition or when the disposition is made that one parent shall not manage the property , the other parent manages it . In this respect , this parent represents the child .
=U3= Sec1639 -- Section 1639 Directions of the testator or donor
--
=S=> BGB 1639. 1 Whatever the child acquires as a result of death or whatever it is given free of charge inter vivos the parents must manage under the directions that were made by testamentary disposition or when the disposition was made .
=S=> BGB 1639. 2 The parents may deviate from the directions to the extent that , under section 1803 ( 2 ) and ( 3 ) , this is permitted to a guardian .
=U3= Sec1640 -- Section 1640 Inventory of property
--
=S=> BGB 1640. 1 The parents must make an inventory of the property subject to their management which the child acquires as a result of death , affix to the inventory an affirmation that it is correct and complete and submit the inventory to the family court . The same applies to property which the child obtains in another way on the occasion of a death , and to lump sum payments that are made instead of maintenance , and gratuitous dispositions . In the case of household objects , a statement of the total value is sufficient .
=S=> BGB 1640. 2 Subsection ( 1 ) does not apply if the value of an acquisition of property does not exceed 15,000 euros or to the extent that the testator by testamentary disposition or the donor when making the disposition made a direction to the contrary .
=S=> BGB 1640. 3 If the parents , contrary to subsection ( 1 ) or ( 2 ) , do not submit an inventory , or if the inventory submitted is inadequate , the family court may order that the inventory is recorded by a competent authority or a competent official or notary .
=U3= Sec1641 -- Section 1641 Prohibition of donation
--
=S=> BGB 1641 The parents may not , in representation of the child , make donations . An exception applies to donations that are made to comply with a moral duty or to show consideration to decency .
=U3= Sec1642 -- Section 1642 Investment of money
--
=S=> BGB 1642 The parents must invest the money of the child subject to their management in accordance with the principles of efficient management of assets to the extent that it is not to be kept ready to pay expenses .
=U3= Sec1643 -- Section 1643 Legal transactions subject to approval
--
=S=> BGB 1643. 1 For legal transactions for the child , the parents need the approval of the family court in the cases in which under section 1821 and under section 1822 nos . 1 , 3 , 5 and 8 to 11 a guardian needs approval .
=S=> BGB 1643. 2 The same applies to the disclaimer of an inheritance or of a legacy and for the waiver of a compulsory portion . Where the devolution on the child occurs only as the result of the disclaimer of a parent who represents the child alone or jointly with the other parent , the approval is necessary only if the parent was entitled together with the child .
=S=> BGB 1643. 3 The provisions of sections 1825 and 1828 to 1831 apply with the necessary modifications .
=U3= Sec1644 -- Section 1644 Surrender of objects of property to the child
--
=S=> BGB 1644 The parents may not , without the approval of the family court , surrender to the child , to perform a contract entered into by the child or for its free disposition , objects that they may alienate only with the approval of the family court .
=U3= Sec1645 -- Section 1645 New trade or business
--
=S=> BGB 1645 The parents should not , without the approval of the family court , commence a new trade or business in the name of the child .
=U3= Sec1646 -- Section 1646 Acquisition with funds of the child
--
=S=> BGB 1646. 1 If the parents acquire movable things with the funds of the child , then on the acquisition the ownership passes to the child , unless the parents do not intend to acquire for the account of the child . This applies in particular also to bearer instruments and to instruments made out to order which bear a blank endorsement .
=S=> BGB 1646. 2 The provisions of subsection ( 1 ) apply with the necessary modifications if the parents , with the funds of the child , acquire a right in property of the nature designated or another right for the transfer of which the contract of assignment suffices .
=U3= Sec1647 -- Section 1647 repealed
--
=U3= Sec1648 -- Section 1648 Reimbursement of outlays
--
=S=> BGB 1648 If the parents , in exercising the care for the person of the child or the care for the property of the child , make outlays which in the circumstances they are permitted to regard as necessary , then they may demand reimbursement from the child except to the extent that the outlays are not borne by themselves .
=U3= Sec1649 -- Section 1649 Use of the income of the property of the child
--
=S=> BGB 1649. 1 The income of the property of the child that is not needed for the proper management of the property is to be used for the maintenance of the child . To the extent that the income of the property is not sufficient , the income may be used which the child acquires as a result of its work or as a result of the independent operation of a trade or business permitted him under section 112.
=S=> BGB 1649. 2 The parents may use the income of the property which is not needed for the proper management of the property and for the maintenance of the child for their own maintenance and for the maintenance of the minor unmarried siblings of the child , to the extent that this is equitable , taking into account the property and earnings situation of the persons involved . This power lapses on the marriage of the child .
=U0= -- --
=U3= Sec1664 -- Section 1664 Limited liability of the parents
--
=S=> BGB 1664. 1 In exercising the parental custody , the parents are answerable to the child only for the care they customarily exercise in their own affairs .
=S=> BGB 1664. 2 If both parents are responsible for damage , they are liable as joint and several debtors .
=U3= Sec1665 -- Section 1665 repealed
--
=U3= Sec1666 -- Section 1666 Court measures in the case of endangerment of the best interests of the child
--
=S=> BGB 1666. 1 Where the physical , mental or psychological best interests of the child or its property are endangered and the parents do not wish or are not able to avert the danger , the family court must take the measures necessary to avert the danger .
=S=> BGB 1666. 2 In general it is to be presumed that the property of the child is endangered if the person with care for the property of the child violates his maintenance obligation towards the child or his duties connected with the care for the property of the child or fails to comply with orders of the court that relate to the care for the property of the child .
=S=> BGB 1666. 3 The court measures in accordance with subsection ( 1 ) include in particular instructions to seek public assistance , such as benefits of child and youth welfare and healthcare , instructions to ensure that the obligation to attend school is complied with , prohibitions to use the family home or another dwelling temporarily or for an indefinite period , to be within a certain radius of the home or to visit certain other places where the child regularly spends time , prohibitions to establish contact with the child or to bring about a meeting with the child , substitution of declarations of the person with parental custody , part or complete removal of parental custody .
=S=> BGB 1666. 4 In matters of care for the person of the child , the court may also undertake measures with effect against a third party .
=U3= Sec1666a -- Section 1666a Principle of proportionality ; priority of public support measures
--
=S=> BGB 1666a. 1 Measures which entail a separation of the child from its parental family are admissible only if the danger cannot be countered in another way , not even through public support measures . This also applies if one parent is temporarily or for an indefinite period to be refused use of the family home . Where a parent or a third party is refused the use of the home in which the child also lives or of another home , then when the duration of the measure is assessed it should also be considered whether this person has the ownership , a heritable building right or usufruct in the plot of land on which the home is located ; similar provisions apply to the ownership of an apartment , a permanent residential right and a right of habitation running with the land , or if the parent or third party is the lessee of the home .
=S=> BGB 1666a. 2 The complete care for the person of the child may be withdrawn only if other measures have been unsuccessful or if it is to be assumed that they do not suffice to avert the danger .
=U3= Sec1667 -- Section 1667 Court measures in the case of endangerment of the property of the child
--
=S=> BGB 1667. 1 The family court may order that the parents submit an inventory of the property of the child and render an account of the management . The parents must affix to the inventory an affirmation that it is correct and complete . If the inventory submitted is inadequate , the family court may order that the inventory is made by a competent authority or by a competent official or notary .
=S=> BGB 1667. 2 The family court may order that the money of the child is invested in a particular way and that its approval is necessary for withdrawal . If securities , valuables or Debt Register claims against the Federal Government or a Land are part of the property of the child , the family court may impose on the parent who represents the child the same duties as , under sections 1814 to 1816 and 1818 , are imposed on a guardian ; sections 1819 and 1820 apply with the necessary modifications .
=S=> BGB 1667. 3 The family court may require the parent who endangers the property of the child to provide security for the property subject to his management . The nature and the scope of the provision of security is determined by the family court in its discretion . In the creation and cancellation of the security , the cooperation of the child is substituted by the order of the family court . The provision of security may be compelled only by the care for the property of the child being removed in whole or in part under section 1666 ( 1 ) .
=S=> BGB 1667. 4 The costs of the measures ordered are borne by the parent who occasioned them .
=U0= -- --
=U3= Sec1671 -- Section 1671 Living apart and joint parental custody
--
=S=> BGB 1671. 1 If parents who have joint parental custody live apart for a period that is not merely temporary , each parent may apply for the family court to transfer parental custody or part of the parental custody to him alone .
=S=> BGB 1671. 2 The application is to be granted to the extent that the other parent consents , unless the child has reached the age of fourteen and objects to the transfer , or it is to be expected that the termination of the joint parental custody and the transfer to the applicant is most conducive to the best interests of the child .
=S=> BGB 1671. 3 The application is not to be granted to the extent that the parental custody must be organised differently on the basis of other provisions .
=U3= Sec1672 -- Section 1672 Living apart where the mother has parental custody
--
=S=> BGB 1672. 1 If the parents live apart for a period that is not merely temporary and if , under section 1626a ( 2 ) , the mother has parental custody , the father , with the approval of the mother , may apply for the family court to transfer to him alone the parental custody or part of the parental custody . The application is to be granted if the transfer serves the best interests of the child .
=S=> BGB 1672. 2 To the extent that a transfer has occurred under subsection ( 1 ) , the family court , on the application of a parent with the approval of the other parent , may decide that the parents should have joint parental custody , if this is not inconsistent with the best interests of the child . This also applies to the extent that the transfer has later been cancelled under subsection ( 1 ) .
=U3= Sec1673 -- Section 1673 Suspension of parental custody in the case of a legal obstacle
--
=S=> BGB 1673. 1 The parental custody of one parent is suspended if he is incapable of contracting .
=S=> BGB 1673. 2 The same applies if he has limited capacity to contract . He has the care for the person of the child together with the legal representative of the child ; he is not entitled to represent the child . In the case of a difference of opinion , the opinion of the minor parent has precedence , if the legal representative of the child is a guardian or curator ; failing this , section 1627 sentence 2 and section 1628 apply .
=U3= Sec1674 -- Section 1674 Suspension of parental custody in the case of a factual obstacle
--
=S=> BGB 1674. 1 The parental custody of a parent is suspended if the family court establishes that he cannot in fact exercise the parental custody for a long period of time .
=S=> BGB 1674. 2 The parental custody revives if the family court establishes that the reason for the suspension no longer applies .
=U3= Sec1675 -- Section 1675 Effect of the suspension
--
=S=> BGB 1675 As long as the parental custody is suspended , a parent is not entitled to exercise it .
=U3= Sec1676 -- Section 1676 repealed
--
=U3= Sec1677 -- Section 1677 Termination of parental custody by declaration of death
--
=S=> BGB 1677 The parental custody of one parent ends if he is declared dead or the time of his death is established under the provisions of the Missing Persons Act [ Verschollenheitsgesetz ] , at the time that is deemed to be the time of death .
=U3= Sec1678 -- Section 1678 Consequences for the other parent of the actual prevention or of the suspension
--
=S=> BGB 1678. 1 Where a parent is actually prevented from exercising parental custody , or where his parental custody is suspended , the other parent exercises the parental custody alone ; this does not apply if the parental custody under section 1626a ( 2 ) , section 1671 or section 1672 ( 1 ) was held by the parent alone .
=S=> BGB 1678. 2 Where the parental custody of the parent , which he had alone under section 1626a ( 2 ) , is suspended , and where there is no prospect of the reason for the suspension ceasing to apply , the family court must transfer the parental custody to the other parent if this serves the best interests of the child .
=U3= Sec1679 -- Section 1679 repealed
--
=U3= Sec1680 -- Section 1680 Death of a parent or removal of the parental custody
--
=S=> BGB 1680. 1 If the parental custody was held by the parents jointly and if one parent has died , the parental custody is held by the surviving spouse .
=S=> BGB 1680. 2 Where a parent who , under section 1671 or 1672 ( 1 ) , had the parental custody alone has died , the family court must transfer the parental custody to the other parent , if this is not inconsistent with the best interests of the child . Where the mother , under section 1626a ( 2 ) , had sole parental custody , the family court must transfer the parental custody to the father if this serves the best interests of the child .
=S=> BGB 1680. 3 Subsection ( 1 ) and subsection ( 2 ) sentence 2 apply with the necessary modifications to the extent that one parent , who had the parental custody jointly with the other parent or , under section 1626a ( 2 ) , alone , is deprived of the parental custody .
=U3= Sec1681 -- Section 1681 Declaration of death of a parent
--
=S=> BGB 1681. 1 Section 1680 ( 1 ) and ( 2 ) applies with the necessary modifications if the parental custody of a parent ends because he is declared dead or the time of his death has been established under the provisions of the Missing Persons Act [ Verschollenheitsgesetz ] .
=S=> BGB 1681. 2 Where this parent is still alive , the family court , on application , must transfer parental custody to him to the extent to which he held it before the conclusive date under section 1677 , if this is not inconsistent with the best interests of the child .
=U2= Tit6 -- Title 6 Legal advisership
--
=U3= Sec1712 -- Section 1712 Youth welfare office as legal adviser ; tasks
--
=S=> BGB 1712. 1 On the written application of a parent , the youth welfare office becomes the legal adviser of the child for the following tasks : the determination of paternity , the assertion of maintenance claims and the disposition of these claims ; if the child is in the foster care of a third party on a payment basis , the legal adviser is entitled to satisfy the third party from the payment made by the person liable for maintenance .
=S=> BGB 1712. 2 The application may be restricted to individual tasks of those designated in subsection ( 1 ) .
=U3= Sec1713 -- Section 1713 Persons entitled to apply
--
=S=> BGB 1713. 1 The application may be made by a parent who , for the area of responsibilities of the legal adviser applied for , has sole parental custody or would have it if the child had already been born . If the parental custody for the child is held jointly by the parents , the application may be made by the parent in whose care the child now is . The application may also be made by a guardian designated under section 1776. It may not be made through an agent .
=S=> BGB 1713. 2 Before the birth of the child , the mother-to-be may also make the application if the child , if it had already been born , would be under guardianship . If the mother-to-be has limited capacity to contract , she may make the application only without a representative ; she does not need the approval of her legal representative for this . For a mother-to-be who is incapable of contracting , only her legal representative may make the application .
=U3= Sec1714 -- Section 1714 Occurrence of legal advisership
--
=S=> BGB 1714 The legal advisership begins as soon as the application is received by the youth welfare office . This also applies if the application is made before the birth of the child .
=U3= Sec1715 -- Section 1715 Termination of legal advisership
--
=S=> BGB 1715. 1 The legal advisership ends when the applicant demands this in writing . Section 1712 ( 2 ) and section 1714 apply with the necessary modifications .
=S=> BGB 1715. 2 The legal advisership also ends as soon as the applicant ceases to satisfy any of the requirements set out in section 1713.
=U3= Sec1716 -- Section 1716 Effects of legal advisership
--
=S=> BGB 1716 The legal advisership does not restrict the parental custody . Apart from this , the provisions on curatorship , with the exception of those on the supervision of the family court and the rendering of an account apply with the necessary modifications ; sections 1791 and 1791c ( 3 ) do not apply .
=U3= Sec1717 -- Section 1717 Requirement of habitual residence on domestic territory
--
=S=> BGB 1717 The legal advisership only occurs if the child has its habitual residence on domestic territory ; it ends if the child establishes its habitual residence abroad . This applies to the legal advisership before the birth of the child with the necessary modifications .
=U0= -- --
=U2= Tit7 -- Title 7 Adoption
--
=U3= UTit1 -- Subtitle 1 Adoption of minors
--
=U4= Sec1741 -- Section 1741 Admissibility of the adoption
--
=U4= Sec1742 -- Section 1742 Adoption only as child of the spouses
--
=U4= Sec1743 -- Section 1743 Minimum age
--
=U4= Sec1744 -- Section 1744 Probationary period
--
=U4= Sec1745 -- Section 1745 Prohibition of adoption
--
=U4= Sec1746 -- Section 1746 Consent of the child
--
=U4= Sec1747 -- Section 1747 Consent of the parents of the child
--
=U4= Sec1748 -- Section 1748 Substitution of the consent of a parent
--
=U4= Sec1749 -- Section 1749 Consent of the spouse
--
=U4= Sec1750 -- Section 1750 Declaration of consent
--
=U4= Sec1751 -- Section 1751 Effect of parental consent , maintenance obligation
--
=U4= Sec1752 -- Section 1752 Order of the family court , application
--
=U4= Sec1753 -- Section 1753 Adoption after death
--
=U4= Sec1754 -- Section 1754 Effect of adoption
--
=U4= Sec1755 -- Section 1755 Extinction of relationships
--
=U4= Sec1756 -- Section 1756 Continuation of relationships
--
=U4= Sec1757 -- Section 1757 Name of the child
--
=U4= Sec1746 -- Section 1746 ( 1 ) sentences 2 and 3 and ( 3 ) first half-sentence applies with the necessary modifications . Section 1758
--
=U4= Sec1759 -- Section 1759 Cancellation of the adoption relationship
--
=U4= Sec1760 -- Section 1760 Cancellation for lack of declarations
--
=U4= Sec1761 -- Section 1761 Obstacles to cancellation
--
=U4= Sec1762 -- Section 1762 Entitlement to apply ; period for filing application , form
--
=U4= Sec1763 -- Section 1763 Cancellation by the court of its own motion
--
=U4= Sec1764 -- Section 1764 Effect of cancellation
--
=U4= Sec1765 -- Section 1765 Name of the child after the cancellation
--
=U4= Sec1766 -- Section 1766 Marriage between adoptive parent and child
--
=U3= UTit2 -- Subtitle 2 Adoption of persons of full age
--
=U4= Sec1767 -- Section 1767 Admissibility of adoption , applicable provisions
--
=U4= Sec1768 -- Section 1768 Application
--
=U4= Sec1769 -- Section 1769 Prohibition of adoption
--
=U4= Sec1770 -- Section 1770 Effect of adoption
--
=U4= Sec1771 -- Section 1771 Cancellation of the adoption relationship
--
=U4= Sec1772 -- Section 1772 Adoption with the effects of the adoption of a minor
--
=U2= Tit1 -- Title 1 Guardianship
--
=U3= UTit1 -- Subtitle 1 Creation of guardianship
--
=U4= Sec1773 -- Section 1773 Requirements
--
=U4= Sec1774 -- Section 1774 Order by the court of its own motion
--
=U4= Sec1775 -- Section 1775 More than one guardian
--
=U4= Sec1776 -- Section 1776 Right of the parents to name the guardian
--
=U4= Sec1777 -- Section 1777 Requirements of the right to name the guardian
--
=U4= Sec1778 -- Section 1778 Passing over the guardian named
--
=U4= Sec1779 -- Section 1779 Selection by the family court
--
=U4= Sec1780 -- Section 1780 Lack of capacity to be a guardian
--
=U4= Sec1781 -- Section 1781 Unsuitability to be a guardian
--
=U4= Sec1782 -- Section 1782 Exclusion by the parents
--
=U4= Sec1783 -- Section 1783 repealed
--
=U4= Sec1784 -- Section 1784 Official or church officer as guardian
--
=U4= Sec1785 -- Section 1785 Duty to assume guardianship
--
=U4= Sec1786 -- Section 1786 Right to refuse
--
=U4= Sec1787 -- Section 1787 Consequences of unjustified refusal
--
=U4= Sec1788 -- Section 1788 Coercive fine
--
=U4= Sec1789 -- Section 1789 Appointment by the family court
--
=U4= Sec1790 -- Section 1790 Appointment subject to a reservation
--
=U4= Sec1791 -- Section 1791 Certificate of appointment
--
=U4= Sec1791a -- Section 1791a Guardianship by association
--
=U4= Sec1791b -- Section 1791b Official guardianship of the youth welfare office by appointment
--
=U4= Sec1791c -- Section 1791c Statutory official guardianship of the youth welfare office
--
=U4= Sec1792 -- Section 1792 Supervisory guardian
--
=U3= UTit2 -- Subtitle 2 Conducting of the guardianship
--
=U4= Sec1793 -- Section 1793 Duties of the guardian , liability of the ward
--
=U4= Sec1794 -- Section 1794 Restriction as a result of curatorship
--
=U4= Sec1795 -- Section 1795 Exclusion of power of agency
--
=U4= Sec1796 -- Section 1796 Withdrawal of power of agency
--
=U4= Sec1797 -- Section 1797 More than one guardian
--
=U4= Sec1798 -- Section 1798 Differences of opinion
--
=U4= Sec1799 -- Section 1799 Duties and rights of the supervisory guardian
--
=U4= Sec1800 -- Section 1800 Scope of care for the person
--
=U4= Sec1801 -- Section 1801 Religious education
--
=U4= Sec1802 -- Section 1802 Inventory of property
--
=U4= Sec1803 -- Section 1803 Management of assets in the case of inheritance or donation
--
=U4= Sec1804 -- Section 1804 Donations made by the guardian
--
=U4= Sec1805 -- Section 1805 Use for the guardian
--
=U4= Sec1806 -- Section 1806 Investment of money held in trust for a ward
--
=U4= Sec1807 -- Section 1807 Nature of investment
--
=U4= Sec1808 -- Section 1808 repealed
--
=U4= Sec1809 -- Section 1809 Investment with blocking note
--
=U4= Sec1810 -- Section 1810 Cooperation of supervisory guardian or family court
--
=U4= Sec1811 -- Section 1811 Other investment
--
=U4= Sec1812 -- Section 1812 Dispositions of claims and securities
--
=U4= Sec1813 -- Section 1813 Transactions not requiring approval
--
=U4= Sec1814 -- Section 1814 Deposit of bearer instruments
--
=U4= Sec1815 -- Section 1815 Change of registration and conversion of bearer instruments
--
=U4= Sec1816 -- Section 1816 Blocking of registered claims
--
=U4= Sec1817 -- Section 1817 Exemption
--
=U4= Sec1818 -- Section 1818 Order of deposit
--
=U4= Sec1819 -- Section 1819 Approval in the case of deposit
--
=U4= Sec1820 -- Section 1820 Approval after change of registration and conversion
--
=U4= Sec1821 -- Section 1821 Approval of transactions relating to plots of land , ships or ships under construction
--
=U4= Sec1822 -- Section 1822 Approval for other transactions
--
=U4= Sec1823 -- Section 1823 Approval where the ward has a trade or business
--
=U4= Sec1824 -- Section 1824 Approval for the permission for the ward to use objects
--
=U4= Sec1825 -- Section 1825 General authorisation
--
=U4= Sec1826 -- Section 1826 Hearing of the supervisory guardian before giving the approval
--
=U4= Sec1827 -- Section 1827 repealed
--
=U4= Sec1828 -- Section 1828 Pronouncement of approval
--
=U4= Sec1829 -- Section 1829 Subsequent approval
--
=U4= Sec1830 -- Section 1830 Right of revocation of the other party
--
=U4= Sec1831 -- Section 1831 Unilateral legal transaction without approval
--
=U4= Sec1832 -- Section 1832 Approval of the supervisory guardian
--
=U4= Sec1833 -- Section 1833 Liability of the guardian
--
=U4= Sec1834 -- Section 1834 Duty to pay interest
--
=U4= Sec1835 -- Section 1835 Reimbursement of outlays
--
=U4= Sec1835a -- Section 1835a Reimbursement for expenses
--
=U4= Sec1836 -- Section 1836 Payment of the guardian
--
=U0= -- --
=U4= Sec1836c -- Section 1836c Funds to be provided by the ward
--
=U4= Sec1836d -- Section 1836d Destitution of the ward
--
=U3= UTit3 -- Subtitle 3 Care and supervision of the family court
--
=U4= Sec1837 -- Section 1837 Advice and supervision
--
=U4= Sec1838 -- Section 1838 repealed
--
=U4= Sec1839 -- Section 1839 Duty of information of the guardian
--
=U4= Sec1840 -- Section 1840 Report and rendering of account
--
=U4= Sec1841 -- Section 1841 Contents of the account
--
=U4= Sec1842 -- Section 1842 Cooperation of the supervisory guardian
--
=U4= Sec1843 -- Section 1843 Examination by the family court
--
=U4= Sec1844 -- Section 1844 repealed
--
=U4= Sec1845 -- Section 1845 repealed
--
=U4= Sec1846 -- Section 1846 Interim measures of the family court
--
=U4= Sec1847 -- Section 1847 Hearing of the relatives
--
=U4= Sec1848 -- Section 1848 repealed
--
=U3= UTit4 -- Subtitle 4 Cooperation of the youth welfare office
--
=U4= Sec1849 , -
-- Sections 1849 , 1850 repealed
--
=U4= Sec1851 -- Section 1851 Duties of notification
--
=U3= UTit5 -- Subtitle 5 Exempted guardianship
--
=U4= Sec1852 -- Section 1852 Exemption by the father
--
=U4= Sec1853 -- Section 1853 Exemption from deposit and blocking
--
=U4= Sec1854 -- Section 1854 Exemption from duty to render an account
--
=U4= Sec1855 -- Section 1855 Exemption by the mother
--
=U4= Sec1856 -- Section 1856 Requirements of exemption
--
=U4= Sec1857 -- Section 1857 Cancellation of the exemption by the family court
--
=U4= Sec1857a -- Section 1857a Exemption of the youth welfare office and the association
--
=U0= -- --
=U3= UTit6 -- Subtitle 6 Termination of the guardianship
--
=U4= Sec1882 -- Section 1882 Cessation of the requirements
--
=U4= Sec1883 -- Section 1883 repealed
--
=U4= Sec1884 -- Section 1884 Ward missing and declaration of death of the ward
--
=U4= Sec1885 -- Section 1885 repealed
--
=U4= Sec1886 -- Section 1886 Removal of the sole guardian
--
=U4= Sec1887 -- Section 1887 Removal of the youth welfare office or association
--
=U4= Sec1888 -- Section 1888 Removal of officials and church officers
--
=U4= Sec1889 -- Section 1889 Removal on the application of the guardian himself
--
=U4= Sec1890 -- Section 1890 Delivery of assets and rendering an account
--
=U4= Sec1891 -- Section 1891 Cooperation of the supervisory guardian
--
=U4= Sec1892 -- Section 1892 Examination and approval of the account
--
=U4= Sec1893 -- Section 1893 Continuation of transactions after the termination of the guardianship , return of certificates
--
=U4= Sec1894 -- Section 1894 Notification on death of the guardian
--
=U4= Sec1895 -- Section 1895 Termination of office of the supervisory guardian
--
=U2= Tit2 -- Title 2 Legal custodianship
--
=U3= Sec1896 -- Section 1896 Requirements
--
=S=> BGB 1896. 1 If a person of full age , by reason of a mental illness or a physical , mental or psychological handicap , cannot in whole or in part take care of his affairs , the custodianship court , on his application or of its own motion , appoints a custodian for him . The application may also be made by a person incapable of contracting . To the extent that the person of full age cannot take care of his affairs by reason of a physical handicap , the custodian may be appointed only on the application of the person of full age , unless the person is unable to make his will known .
=S=> BGB 1896. 1a A custodian may not be appointed against the free will of the person of full age .
=S=> BGB 1896. 2 A custodian may be appointed only for groups of tasks in which the custodianship is necessary . The custodianship is not necessary to the extent that the affairs of a person of full age may be taken care of by an authorised person who is not one of the persons set out in section 1897 ( 3 ) , or by other assistants for whom no legal representative is appointed , just as well as by a custodian .
=S=> BGB 1896. 3 The assertion of rights of the person under custodianship vis-à-vis the person authorised by him may also be defined as a group of tasks .
=S=> BGB 1896. 4 The decision on the telecommunications of the person under custodianship and on the receipt , opening and withholding of his post are included in the group of tasks of the custodian only if the court has expressly ordered this .
=U3= Sec1897 -- Section 1897 Appointment of a natural person
--
=S=> BGB 1897. 7 If a person , under the conditions of subsection ( 6 ) sentence 1 , is appointed a custodian for the first time in the district of the custodianship court , the court should before this hear the competent public authority on the suitability of the selected custodian and on the findings to be made under section 1 ( 1 ) sentence 1 second alternative of the Guardians and Custodians Payment Act [ Vormünder - und Betreuervergütungsgesetz ] . The competent authority should request the person to submit a certificate of good conduct and a status report from the debtors ' list .
=S=> BGB 1897. 8 If a person is appointed under the condition of subsection ( 6 ) sentence 1 , he must declare the number and volume of the custodianships he is conducting professionally .
=U3= Sec1898 -- Section 1898 Duty to assume custodianship
--
=S=> BGB 1898. 1 The person selected by the custodianship court is under a duty to assume the custodianship if he is suitable as a custodian and he can be expected to assume it , taking into account his family , professional and other circumstances .
=S=> BGB 1898. 2 The person selected may be appointed a custodian only when he has stated that he is prepared to assume the custodianship .
=U3= Sec1899 -- Section 1899 More than one custodian
--
=S=> BGB 1899. 1 The custodianship court may appoint more than one custodian if better care can be taken of the affairs of the person under custodianship as a result of this . In this case , it determines which custodian is entrusted with which group of tasks . There is no appointment of more than one custodian who receive payment except in the cases dealt with in subsections ( 2 ) and ( 4 ) and section 1908i ( 1 ) sentence 1 in conjunction with section 1792.
=S=> BGB 1899. 2 A special custodian must always be appointed for the decision on consent to a sterilisation of the person under custodianship .
=S=> BGB 1899. 3 To the extent that more than one custodian is entrusted with the same group of tasks , they may take care of the affairs of the person under custodianship only jointly , unless the court has ordered otherwise or delay entails risk .
=S=> BGB 1899. 4 The court may also appoint more than one custodian in such a way that one is to take care of the affairs of the person under custodianship only to the extent that the other is prevented .
=U3= Sec1900 -- Section 1900 Custodianship by association or public authority
--
=S=> BGB 1900. 1 If the person of full age cannot be adequately cared for by one or more than one natural persons , the custodianship court appoints a recognised custodianship association as custodian . The appointment requires the consent of the association .
=S=> BGB 1900. 2 The association transfers the exercise of the custodianship to individual persons . In doing this , it must comply with suggestions of the person of full age , to the extent that there are no compelling reasons against this . The association notifies the court at once to whom it has transferred the exercise of the custodianship .
=S=> BGB 1900. 3 If the committee becomes aware of circumstances which indicate that the person of full age can be cared for adequately by one or more than one natural persons , he must notify the court of this .
=S=> BGB 1900. 4 If the person of full age cannot be cared for adequately by one or more than one natural persons or by an association , the court appoints the competent public authority as custodian . Subsections ( 2 ) and ( 3 ) apply with the necessary modifications .
=S=> BGB 1900. 5 The decision on consent to a sterilisation of the person under custodianship may not be transferred to associations or to public authorities .
=U3= Sec1901 -- Section 1901 Scope of the custodianship , duties of the custodian
--
=S=> BGB 1901. 1 The custodianship includes all activities that are necessary to attend to the affairs of the person under custodianship from a legal point of view in accordance with the following provisions .
=S=> BGB 1901. 2 The custodian must attend to the affairs of the person under custodianship in a manner that is conducive to his welfare . The best interests of the person under custodianship also includes the possibility for him , within his capabilities , to shape his life according to his own wishes and ideas .
=S=> BGB 1901. 3 The custodian must comply with wishes of the person under custodianship to the extent that this is not inconsistent with the best interests of the latter and can be expected of the custodian . This also applies to wishes which the person under custodianship expressed before the appointment of the custodian , unless he discernibly does not wish to uphold these wishes . Before the custodian deals with important matters , he discusses them with the person under custodianship , to the extent that this is not inconsistent with the best interests of the latter .
=S=> BGB 1901. 4 Within his group of tasks , the custodian must help towards possibilities being used to remove or improve the illness or handicap of the person under custodianship , to prevent its deterioration or to mitigate its consequences . If the custodianship is conducted professionally , then in suitable cases the custodian must , on the order of the court , draw up a custodianship plan at the commencement of the custodianship . The custodianship plan must set out the aims of the custodianship and the measures to be undertaken to achieve them .
=S=> BGB 1901. 5 If the custodian becomes aware of circumstances which enable the cancellation of the custodianship , he is to notify the custodianship court of this . The same applies to circumstances which enable a restriction of the group of tasks or require its extension , the appointment of a further custodian or the order of a reservation of consent ( section 1903 ) .
=U3= Sec1901a -- Section 1901a Living will
--
=S=> BGB 1901a. 1 If a person of full age who is able to consent has determined in writing , for the event of his becoming unable to consent , whether he consents to or prohibits specific tests of his state of health , treatment or medical interventions not yet directly immanent at the time of determination ( living will ) , the custodian must examine whether these determinations correspond to the current living and treatment situation . If this is the case , the custodian must see to it that the will of the person under custodianship is done . A living will may be revoked at any time without a specific form .
=S=> BGB 1901a. 2 If there is no living will , or if the determinations of a living will do not correspond to the current life and treatment situation , the custodian must determine the wishes with regard to treatment or the presumed will of the person under custodianship , and decide on this basis whether he consents to or prohibits a medical measure pursuant to subsection ( 1 ) . The presumed will must be ascertained on the basis of concrete indications . Consideration must be given , in particular , to previous oral or written statements , ethical or religious convictions and other personal values of the person under custodianship .
=S=> BGB 1901a. 3 Subsections ( 1 ) and ( 2 ) apply regardless of the nature and stage of any illness of the person under custodianship .
=S=> BGB 1901a. 4 No one may be obliged to establish a living will . The conclusion of a contract may not be made contingent on the establishment or submission of a living will .
=S=> BGB 1901a. 5 Subsections ( 1 ) to ( 3 ) apply to authorised representatives with the necessary modifications .
=U3= Sec1901b -- Section 1901b Discussion to ascertain the patient’s will
--
=S=> BGB 1901b. 1 The physician in attendance must examine which medical measure is indicated with regard to the patient’s overall condition and prognosis . He and the custodian must discuss this measure , considering the patient’s will as a basis for the decision to be taken pursuant to section 1901a.
=S=> BGB 1901b. 2 When ascertaining the patient’s will pursuant to § 1901a ( 1 ) or the wishes with regard to treatment or the presumed will pursuant to section 1901a ( 2 ) , close relatives and other persons enjoying the confidence of the person under custodianship should be afforded the opportunity to make a statement insofar as this is possible without any considerable delay .
=S=> BGB 1901b. 3 Subsections ( 1 ) and ( 2 ) apply to authorised representatives with the necessary modifications .
=U3= Sec1901c -- Section 1901c Wishes in writing with regard to custodianship , enduring power of attorney
--
=S=> BGB 1901c A person who is in possession of a document in which a person , for the contingency that he is under custodianship , has communicated suggestions on the choice of the custodian or wishes for the conduct of the custodianship , must without undue delay deliver it to the custodianship court after he obtains knowledge that proceedings for the appointment of a custodian have been commenced . Similarly , the possessor must inform the custodianship court of documents in which the person concerned has authorised another person to take care of his affairs . The custodianship court may require a copy to be submitted .
=U3= Sec1902 -- Section 1902 Representation of the person under custodianship
--
=S=> BGB 1902 In his group of tasks , the custodian represents the person under custodianship in court and from court .
=U3= Sec1903 -- Section 1903 Reservation of consent
--
=S=> BGB 1903. 1 To the extent that this is necessary to prevent a substantial danger for the person or the property of the person under custodianship , the custodianship court orders that the person under custodianship requires the consent of the custodian for a declaration of intention that relates to the group of tasks of the custodian ( reservation of consent ) . Sections 108 - 113 , 131 ( 2 ) and section 210 apply with the necessary modifications .
=S=> BGB 1903. 2 A reservation of consent may not extend to declarations of intention that are directed to entering into a marriage or creating a civil partnership , to dispositions mortis causa and to declarations of intention for which a person with limited capacity to contract under the provisions of Books Four and Five does not need the consent of his legal representative .
=S=> BGB 1903. 3 Where a reservation of consent is ordered , the custodian nevertheless does not require the consent of his custodian if the declaration of intention merely confers a legal advantage on the person under custodianship . To the extent that the court does not order otherwise , this also applies if the declaration of intention relates to a trivial matter of everyday life .
=S=> BGB 1903. 4 Section 1901 ( 5 ) applies with the necessary modifications .
=U3= Sec1904 -- Section 1904 Approval of the custodianship court in the case of medical measures
--
=S=> BGB 1904. 1 The consent of the custodian to an examination of the state of health of the person under custodianship , to therapeutic treatment or to an operation is subject to the approval of the custodianship court if the justified danger exists that the person under custodianship will die or will suffer serious injury to his health that lasts for a long period by reason of the measure . Without the approval , the measure may be carried out only if delay entails danger .
=S=> BGB 1904. 2 The non-consent to or revocation of the consent of the custodian to a test of the state of health , treatment or medical intervention requires the approval of the custodianship court if the measure is medically indicated and there is justified reason to fear that the person under custodianship will die or suffer serious , long-term detriment to health if the measure is not carried out or is discontinued .
=S=> BGB 1904. 3 Approval pursuant to subsections ( 1 ) and ( 2 ) must be given if the consent , non-consent or revocation of consent corresponds to the will of the person under custodianship .
=S=> BGB 1904. 4 Approval pursuant to subsections ( 1 ) and ( 2 ) is not required if agreement is reached between the custodian and the physician in attendance that the granting , non-granting or revocation of consent corresponds to the will of the person under custodianship established pursuant to section 1901a.
=S=> BGB 1904. 5 Subsections ( 1 ) to ( 4 ) also apply to an authorised representative . The latter may only consent to , not consent to or revoke consent to one of the measures designated in subsection ( 1 ) sentence 1 or subsection ( 2 ) if the power of attorney expressly includes these measures and is given in writing .
=U3= Sec1905 -- Section 1905 Sterilisation
--
=S=> BGB 1905. 1 Where the operation is a sterilisation of the person under custodianship to which the person may not consent , the custodian may consent only if the sterilisation is not inconsistent with the intention of the person under custodianship , the person under custodianship will permanently remain incapable of consenting , it is to be assumed that without the sterilisation there would be a pregnancy , as a result of this pregnancy a danger for the life of the pregnant woman or the danger of a serious adverse effect on her physical or psychological state of health were to be expected which could not be prevented in a reasonable way , and the pregnancy cannot be prevented by other reasonable means . A serious danger for the psychological state of health of the pregnant woman also includes the danger of serious and persistent suffering which would threaten her because custodianship court measures which would entail separating her from her child ( sections 1666 and 1666a ) would have to be taken against her .
=S=> BGB 1905. 2 The consent must be approved by the custodianship court . The sterilisation may not be carried out until two weeks after the approval takes effect . In the sterilisation , preference is always to be given to the method that permits a refertilisation .
=U3= Sec1906 -- Section 1906 Approval of the custodianship court with regard to accommodation
--
=S=> BGB 1906. 1 It is admissible for the custodian to put the person under custodianship in accommodation that is associated with deprivation of liberty only as long as this is necessary for the best interests of the person under custodianship because by reason of a mental illness or mental or psychological handicap of the person under custodianship there is a danger that he will kill himself or cause substantial damage to his own health , or an examination of the state of health of the person under custodianship , therapeutic treatment or an operation is necessary without which the accommodation of the person under custodianship cannot be carried out and the person under custodianship , by reason of a mental illness or mental or psychological handicap , cannot recognise the necessity of the accommodation or cannot act in accordance with this realisation .
=S=> BGB 1906. 2 The accommodation is admissible only with the approval of the custodianship court . Without the approval , the accommodation is admissible only if delay entails risk ; the approval must thereafter be obtained without undue delay .
=S=> BGB 1906. 3 The custodian must terminate the accommodation if its requirements cease to be satisfied . He must notify the custodianship court of the termination of the accommodation .
=S=> BGB 1906. 4 Subsections ( 1 ) to ( 3 ) apply with the necessary modifications if the person under custodianship who is in an institution , a home or another establishment without being accommodated there is to be deprived of his liberty by mechanical devices , by medical drugs or in another way for a long period of time or regularly .
=S=> BGB 1906. 5 The accommodation by an authorised person and the consent of an authorised person to measures under subsection ( 4 ) require that the power of attorney be granted in writing and expressly covers the measures set out in subsections ( 1 ) and ( 4 ) . Apart from this , subsections ( 1 ) to ( 4 ) apply with the necessary modifications .
=U3= Sec1907 -- Section 1907 Approval of the custodianship court on abandonment of rented home
--
=S=> BGB 1907. 1 The custodian requires the approval of the custodianship court for the termination of a lease of residential space which the person under custodianship rented . The same applies to a declaration of intention that is directed to the termination of such a lease .
=S=> BGB 1907. 2 Where other circumstances occur by reason of which the termination of the lease is taken into consideration , the custodian must notify the custodianship court of this without undue delay if his group of tasks includes the lease or the determination of residence . If the custodian wishes to abandon residential space of the person under custodianship in another way than by notice of termination or cancellation of a lease , he must notify this too without undue delay .
=S=> BGB 1907. 3 The custodian requires the approval of the custodianship court for a lease or usufructuary lease or another contract by which the person under custodianship is obliged to make periodical payments if the contractual relationship is to last longer than four years or residential space is to be leased by the custodian .
=U3= Sec1908 -- Section 1908 Approval of the custodianship court with regard to advancement
--
=S=> BGB 1908 The custodian may promise or grant an advancement from the property of the person under custodianship only with the approval of the custodianship court .
=U3= Sec1908a -- Section 1908a Precautionary appointment of a custodian and order of reservation of consent for minors
--
=S=> BGB 1908a Measures under sections 1896 and 1903 may also be made for a minor who is seventeen years of age if it can be assumed that they will be necessary when he is of full age . The measures take effect only when he reaches the age of majority .
=U3= Sec1908b -- Section 1908b Removal of the custodian
--
=S=> BGB 1908b. 1 The custodianship court must remove the custodian if his suitability to care for the affairs of the person under custodianship is no longer guaranteed or there is another compelling reason for the removal . A compelling reason also exists if the custodian has intentionally issued an incorrect statement of costs . The court should remove the custodian appointed under section 1897 ( 6 ) if the person under custodianship can be cared for by one or more than one other persons outside the exercise of an occupation or profession .
=S=> BGB 1908b. 2 The custodian may require his removal if after his appointment circumstances arise on the basis of which he can no longer be expected to conduct the custodianship .
=S=> BGB 1908b. 3 The court may remove the custodian if the person under custodianship suggests an equally suitable person who is prepared to assume the custodianship .
=S=> BGB 1908b. 4 The association custodian must also be removed if the association applies for this . If the removal is not necessary for the best interests of the person under custodianship , the custodianship court may instead declare , with the agreement of the custodian , that the custodian will continue the custodianship in future as a private person . Sentences 1 and 2 apply with the necessary modifications for the public authority custodian .
=S=> BGB 1908b. 5 The association or the public authority is to be removed as soon as the person under custodianship can be adequately cared for by one or more than one natural persons .
=U3= Sec1908c -- Section 1908c Appointment of a new custodian
--
=S=> BGB 1908c If the custodian dies or if he is removed , a new custodian is to be appointed .
=U3= Sec1908d -- Section 1908d Cancellation or alteration of custodianship and reservation of consent
--
=S=> BGB 1908d. 1 The custodianship is to be cancelled if its requirements cease to be satisfied . If these requirements cease to be satisfied for only part of the tasks of the custodian , his group of tasks is to be restricted .
=S=> BGB 1908d. 2 If the custodian was appointed at the application of the person under custodianship , the custodianship , on the application of that person , is to be cancelled , unless custodianship of the court's own motion is necessary . The application may also be made by a person incapable of contracting . Sentences 1 and 2 apply with the necessary modifications for the restriction of the group of tasks .
=S=> BGB 1908d. 3 The group of tasks of the custodian is to be extended if this becomes necessary . The provisions on the appointment of the custodian apply here with the necessary modifications .
=S=> BGB 1908d. 4 Subsections ( 1 ) and ( 3 ) apply to the reservation of consent with the necessary modifications .
=U3= Sec1908e -- Section 1908e repealed
--
=U3= Sec1908f -- Section 1908f Recognition as custodianship association
--
=S=> BGB 1908f. 1 An association having legal personality may be recognised as a custodianship association if it guarantees that it 1. has a sufficient number of suitable employees and will supervise and give further education to these and insure them appropriately for damage that they may cause to others in the course of their activity , 2. methodically endeavours to acquire voluntary custodians , introduces them to their tasks , gives them further education and advises them and authorised representatives , 2a. methodically gives information on enduring powers of attorney and custodianship orders , 3. enables an exchange of experience between the employees .
=S=> BGB 1908f. 2 The recognition applies for the relevant Land ; it may be restricted to individual parts of a Land . It is revocable and may be given subject to conditions .
=S=> BGB 1908f. 3 Details are laid down in Land law . It may also provide further requirements for recognition .
=S=> BGB 1908f. 4 The recognised custodianship associations may , in the individual case , advise persons in the creation of an enduring power of attorney .
=U3= Sec1908g -- Section 1908g Public authority custodian
--
=S=> BGB 1908g. 1 No coercive fine under section 1837 ( 3 ) sentence 1 is imposed on a public authority custodian .
=S=> BGB 1908g. 2 The public authority custodian may also invest money of the person under custodianship under section 1807 in the corporation in which he is employed .
=U3= Sec1908h -- Section 1908h repealed
--
=U3= Sec1908i -- Section 1908i Provisions applicable with the necessary modifications
--
=S=> BGB 1908i. 1 Apart from this , the following sections apply with the necessary modifications to custodianship : section 1632 ( 1 ) to ( 3 ) , sections 1784 , 1787 ( 1 ) , section 1791a ( 3 ) sentence 1 second half-sentence and sentence 2 , sections 1792 , 1795 to 1797 ( 1 ) sentence 2 , sections 1798 , 1799 , 1802 , 1803 , 1805 to 1821 , 1822 nos . 1 to 4 and 6 to 13 , sections 1823 to 1826 , 1828 to 1836 , 1836c to 1836e , 1837 ( 1 ) to ( 3 ) , sections 1839 to 1843 , 1846 , 1857a , 1888 , 1890 to 1895. Law of a Land may lay down that provisions that relate to the supervision of the custodianship court with regard to property law and to the entering into of apprenticeship agreements and contracts of employment do not apply with respect to the competent authority .
=S=> BGB 1908i. 2 Section 1804 applies with the necessary modifications , but the custodian , in representation of the person under custodianship , may also give occasional presents if this is consistent with the wish of the person under custodianship and is customary in accordance with his standard of living . Section 1857a applies with the necessary modifications to the custodianship by the father , the mother , the spouse , the civil partner or a descendant of the person under custodianship and to the association custodian and the public authority custodian to the extent that the custodianship court does not direct otherwise .
=U3= Sec1908k -- Section 1908k repealed
--
=U2= Tit3 -- Title 3 Curatorship
--
=U3= Sec1909 -- Section 1909 Supplementary curatorship
--
=S=> BGB 1909. 1 A person who is subject to parental custody or guardianship is given a curator for matters which the parents or the guardian are prevented from carrying out . In particular , he is given a curator to manage the property that he acquires as a result of death or that is given to him free of charge inter vivos if the testator by testamentary disposition or the donor when making the disposition stipulated that the parents or the guardian were not to manage the property .
=S=> BGB 1909. 2 If a curatorship becomes necessary , the parents or the ward must notify this without undue delay to the family court .
=S=> BGB 1909. 3 The curatorship must also be ordered if the requirements for the ordering of a guardianship are satisfied but a guardian has not yet been appointed .
=U3= Sec1910 -- Section 1910 repealed
--
=U3= Sec1911 -- Section 1911 Curatorship of absentees
--
=S=> BGB 1911. 1 An absent person of full age whose abode is unknown is given a curator of absentees for his property matters to the extent that they require care . Such a curator must in particular also be appointed for him if he has made arrangements by giving a mandate or a power of attorney but circumstances have arisen that give reason to revoke the mandate or the power of attorney .
=S=> BGB 1911. 2 The same applies to an absentee whose abode is known but who is prevented from returning and from taking care of his property matters .
=U3= Sec1912 -- Section 1912 Curatorship for an unborn child
--
=S=> BGB 1912. 1 An unborn child is given a curator for the safeguarding of its future rights to the extent that these require care .
=S=> BGB 1912. 2 The care is , however , the right of the parents to the extent that they would have parental custody if the child had already been born .
=U3= Sec1913 -- Section 1913 Curatorship for unknown persons involved
--
=S=> BGB 1913 If it is unknown or uncertain who is the person involved in a matter , then a curator may be appointed for the person for this matter to the extent that care is necessary . In particular , a subsequent heir who has not yet been conceived or whose identity is only to be established by a future event , may be given a curator for the time until the subsequent succession takes effect .
=U3= Sec1914 -- Section 1914 Curatorship for collected property
--
=S=> BGB 1914 Where , by public collection , property has been collected for a temporary purpose , a curator may be appointed for the purpose of the management and application of the property if the persons named to manage and apply it are no longer available .
=U3= Sec1915 -- Section 1915 Application of guardianship law
--
=S=> BGB 1915. 1 The curatorship is governed by the provisions applying to guardianship with the necessary modifications to the extent that the law does not lead to a different conclusion . Notwithstanding section 3 ( 1 ) to ( 3 ) of the Guardians and Custodians Payment Act [ Vormünder - und Betreuervergütungsgesetz ] , the amount of a payment to be granted under section 1836 ( 1 ) is determined by the specialised knowledge of the curator that is useful for the curatorship business and by the scope and difficulty of the curatorship business , provided that the person subject to curatorship is not destitute . The custodianship court replaces the family court ; this does not apply to curatorship for minors or for an unborn child .
=S=> BGB 1915. 2 The appointment of a supervisory guardian is not necessary .
=S=> BGB 1915. 3 Section 1793 ( 2 ) does not apply to curatorship for persons of full age .
=U3= Sec1916 -- Section 1916 Designation as supplementary curator
--
=S=> BGB 1916 The curatorship to be ordered under section 1909 is not governed by the provisions on designation of guardianship .
=U3= Sec1917 -- Section 1917 Naming of the supplementary curator by testator and third parties
--
=S=> BGB 1917. 1 If the order for a curatorship under section 1909 ( 1 ) sentence 2 is necessary , then whoever was named by testamentary disposition or at the time of the disposition is designated as curator ; the provisions of section 1778 apply with the necessary modifications .
=S=> BGB 1917. 2 For the person named curator , the exemptions set out in sections 1852 to 1854 may be ordered by testamentary disposition or at the time of the disposition . The family court may cancel the orders if they endanger the interest of the person under curatorship .
=S=> BGB 1917. 3 For deviation from the directions of the donor , during his lifetime , his consent is necessary and sufficient . If he is permanently not in a position to make a declaration or his abode is permanently unknown , the family court may substitute the consent .
=U3= Sec1918 -- Section 1918 Termination of the curatorship by operation of law
--
=S=> BGB 1918. 1 The curatorship for a person under parental custody or under guardianship ends on the termination of the parental custody or the guardianship .
=S=> BGB 1918. 2 The curatorship for an unborn child terminates on the birth of the child .
=S=> BGB 1918. 3 The curatorship to take care of a single matter terminates when the matter is completed .
=U3= Sec1919 -- Section 1919 Cancellation of the curatorship on cessation of reason
--
=S=> BGB 1919 The curatorship must be cancelled if the reason for the order of the curatorship has ceased to exist .
=U3= Sec1920 -- Section 1920 repealed
--
=U3= Sec1921 -- Section 1921 Cancellation of the curatorship of absentees
--
=S=> BGB 1921. 1 The curatorship for an absent person is to be cancelled when the absent person is no longer prevented from attending to his property matters .
=S=> BGB 1921. 2 If the absent person dies , the curatorship ends only when it is cancelled by the custodianship court . The custodianship court must cancel the curatorship if it obtains knowledge of the death of the absent person .
=S=> BGB 1921. 3 If the absent person is declared to be dead or if his date of death is determined under the provisions of the Missing Persons Act [ Verschollenheitsgesetz ] , the curatorship ends when the order on the declaration of death or the determination of the time of death becomes final and absolute .
=U3= Sec1682 -- Section 1682 Order that the child remains with persons to whom it relates
--
=S=> BGB 1682 Where the child has lived for a long period in a household with one parent and the parent's spouse , and where the other parent , who under sections 1678 , 1680 and 1681 may now alone determine the abode of the child , wants to remove the child from the spouse , the family court may of its own motion or on the application of the spouse order that the child remains with the spouse , if and as long as the best interests of the child would be endangered by the removal . Sentence 1 applies with the necessary modifications if the child has lived for a long period in a household with one parent and the parent's civil partner or a person entitled to contact under section 1685 ( 1 ) .
=U3= Sec1683 -- Section 1683 repealed
--
=U3= Sec1684 -- Section 1684 Contact of the child with its parents
--
=S=> BGB 1684. 1 The child has the right to contact with each parent ; each parent has a duty and a right of contact with the child .
=S=> BGB 1684. 2 The parents must refrain from everything that renders more difficult the relationship of the child to the other parent or the upbringing . Similar provisions apply if the child is in the charge of another person .
=S=> BGB 1684. 3 The family court may decide on the scope of the right of contact and make more detailed provisions on its exercise , including provisions affecting third parties . It may enjoin the parties by orders to fulfil the duty defined in subsection ( 2 ) . If the obligation in accordance with subsection ( 2 ) is considerably violated permanently or repeatedly , the family court may also order custodianship for the implementation of access ( access custodianship ) . Access custodianship includes the right to demand surrender of the child to implement access and to determine where the child is to be for the duration of access . The order is to be time-limited . Section 277 of the Act on the Procedure in Family Matters and in Matters of Non-contentious Jurisdiction applies with the necessary modifications to compensation for expenditure and remuneration of the access custodian .
=S=> BGB 1684. 4 The family court may restrict or exclude the right of contact or the enforcement of earlier decisions on the right of contact , to the extent that this is necessary for the best interests of the child . A decision that restricts the right of contact or its enforcement for a long period or permanently may only be made if otherwise the best interests of the child would be endangered . The family court may in particular order that contact may take place only if a third party who is prepared to cooperate is present . The third party may also be an agency of the youth welfare service or an association ; the latter then determines in each case which individual carries out the task .
=U3= Sec1685 -- Section 1685 Contact of the child with other persons to whom it relates
--
=S=> BGB 1685. 1 Grandparents and siblings have a right to contact with the child if this serves the best interests of the child .
=S=> BGB 1685. 2 The same applies to persons to whom the child relates closely if these have or have had actual responsibility for the child ( social and family relationship ) . It is in general to be assumed that actual responsibility has been taken on if the person has been living for a long period in domestic community with the child .
=S=> BGB 1685. 3 Section 1684 ( 2 ) to ( 4 ) applies with the necessary modifications . The family court may only order access custodianship in accordance with section 1684 ( 3 ) sentences 3 to 5 if the prerequisites of section 1666 ( 1 ) are met .
=U3= Sec1686 -- Section 1686 Information on the personal circumstances of the child
--
=S=> BGB 1686 Each parent may , in the case of justified interest , demand information from the other parent on the personal circumstances of the child , to the extent that this is not inconsistent with the best interests of the child . Disputes are decided by the family court .
=U3= Sec1687 -- Section 1687 Exercise of joint parental custody when the parents live apart
--
=S=> BGB 1687. 2 The family court may restrict or exclude the powers under subsection ( 1 ) sentences 2 and 4 if this is necessary for the best interests of the child .
=U3= Sec1687a -- Section 1687a Power to make decision of the parent without parental custody
--
=S=> BGB 1687a For each parent who does not have parental custody and with whom the child resides with the consent of the other parent or of another person with parental custody or on the basis of a court decision , section 1687 ( 1 ) sentences 4 and 5 and ( 2 ) apply with the necessary modifications .
=U3= Sec1687b -- Section 1687b Parental custody powers of the spouse
--
=S=> BGB 1687b. 1 The spouse of a parent with sole parental custody who is not a parent of the child has the power , in agreement with the parent with parental custody , to make joint decisions in matters of the everyday life of the child . Section 1629 ( 2 ) sentence 1 applies with the necessary modifications .
=S=> BGB 1687b. 2 In the case of imminent danger , each spouse is entitled to undertake all legal act that are necessary for the best interests of the child ; the parent with parental custody is to be informed without undue delay .
=S=> BGB 1687b. 3 The family court may restrict or exclude the powers under subsection ( 1 ) if this is necessary for the best interests of the child .
=S=> BGB 1687b. 4 The powers under subsection ( 1 ) do not exist if the spouses live apart for a not merely temporary period .
=U3= Sec1688 -- Section 1688 Decisions of the foster carer
--
=S=> BGB 1688. 1 If a child lives in foster care for a long period , the foster carer is entitled to decide in matters of everyday life and to represent the person with parental custody in such matters . The person is authorised to manage the child's earnings from work and to assert and manage maintenance , insurance , pension and other social security benefits for the child . Section 1629 ( 1 ) sentence 4 applies with the necessary modifications .
=S=> BGB 1688. 2 The foster carer is equivalent to a person who in connection with the help under sections 34 , 35 and 35a ( 1 ) sentence 2 nos . 3 and 4 of Book Eight of the Social Security Code [ Sozialgesetzbuch ] has taken on the upbringing of and care for a child .
=S=> BGB 1688. 3 Subsections ( 1 ) and ( 2 ) do not apply if the person with parental custody declares otherwise . The family court may restrict or exclude the powers under subsections ( 1 ) and ( 2 ) if this is necessary for the best interests of the child .
=S=> BGB 1688. 4 For a person with whom the child , on the basis of a court decision under section 1632 ( 4 ) or section 1682 , resides , subsections ( 1 ) and ( 3 ) apply subject to the proviso that the powers set out may be restricted or excluded only by the family court .
=U0= -- --
=U3= Sec1693 -- Section 1693 Court measures where the parents are prevented
--
=S=> BGB 1693 If the parents are prevented from exercising parental custody , the family court must take the measures necessary in the interest of the child .
=U3= Sec1694 , -
-- Sections 1694 , 1695 repealed
--
=U3= Sec1696 -- Section 1696 Amendment of judicial decisions and of court-approved settlements
--
=S=> BGB 1696. 1 The decision on the right of custody or of access or a court-approved settlement must be amended if this is appropriate for sound reasons which affect the interests of the child in the long term . Section 1672 ( 2 ) , section 1680 ( 2 ) sentence 1 , as well as section 1681 ( 1 ) and ( 2 ) , remain unaffected thereby .
=S=> BGB 1696. 2 A measure under sections 1666 to 1667 or another provision of the Civil Code , which may only be taken if this is necessary to avert a danger to the childs best interests or which is in the childs best interests ( measure under the law on child protection ) must be cancelled if there is no longer a danger to the best interests of the child or the measure is no longer necessary .
=U3= Sec1697 -- Section 1697 repealed
--
=U3= Sec1697a -- Section 1697a Principle of best interests of child
--
=S=> BGB 1697a To the extent not provided otherwise , the court , in proceedings on the matters provided for in this title , makes the decision that , taking into account the actual circumstances and possibilities and the justified interests of those involved , is most conducive to the best interests of the child .
=U3= Sec1698 -- Section 1698 Surrender of the property of the child ; rendering an account
--
=S=> BGB 1698. 1 If the parental custody ends or is suspended , or if their care for the property of the child ends for another reason , they must surrender the property to the child and , on request , render an account of the management .
=S=> BGB 1698. 2 The parents must render account of the emoluments of the property of the child only to the extent that there is reason to assume that they have used the emoluments contrary to the provisions of section 1649.
=U3= Sec1698a -- Section 1698a Continuation of transactions in ignorance that parental custody has ended
--
=S=> BGB 1698a. 1 The parents may continue the transactions connected with the care for the person of the child and with the care for the property of the child until they obtain knowledge of the termination of parental custody or until they ought to know of it . A third party cannot rely on this power if , when he undertakes a transaction , he knows of the termination or ought to have knowledge .
=S=> BGB 1698a. 2 These provisions apply with the necessary modifications if the parental custody is suspended .
=U3= Sec1698b -- Section 1698b Continuation of urgent transactions after the death of the child
--
=S=> BGB 1698b If the parental custody ends as the result of the death of the child , the parents must , until the heir can make other arrangements , carry out the transactions which cannot be deferred without danger .
=U0= -- --
=U4= Sec1836e -- Section 1836e Statutory passing of claim
-- |
