Family and Succession Law in Germany 1st edition by Saskia Lettmaier, Moritz Philipp Schulz – Ebook PDF Instant Download/Delivery: 9403542527 , 978-9403542522
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ISBN 10: 9403542527
ISBN 13: 978-9403542522
Author: Saskia Lettmaier, Moritz Philipp Schulz
Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in Germany covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with Germany. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.
Family and Succession Law in Germany 1st Table of contents:
Part I. Persons
Chapter 1. The Status of a Person
§1. Definition of a Person
§2. Capacity
I. General
II. Minors
III. Adults
IV. Consent to Medical Treatment
V. Responsibility for Tortious Acts under Civil Law
VI. Criminal Responsibility
§3. Absentees
Chapter 2. Registration of Civil Status
§1. The Registrar
§2. Registers and Certificates
Chapter 3. Personality Rights
Chapter 4. Names
§1. Composition of a Name (First Name, Surname, Individual Name, Title of Nobility)
§2. Surname
I. Acquisition of the Surname
II. Change of Surname
§3. First Name
Chapter 5. Nationality
Chapter 6. Domicile and Residence
Chapter 7. Persons with Intellectual Disabilities
Part II. Family Law
Chapter 1. Introductory Remarks
§1. The Development of Legislation in the Area of Family Law
§2. Family Law and the German Constitution (Basic Law)
Chapter 2. Marriage
§1. Engagement
I. Promise of Marriage
II. Termination of an Engagement
§2. Capacity to Marry
I. Competence to Enter into Legal Transactions (Geschäftsfähigkeit)
II. Majority
III. Failure of Intention
IV. Fraud and Threats
V. Fictitious Marriages
VI. Impediments to Marriage
VII. Annulment
§3. Marriage Formalities
I. General
II. The Marriage Ceremony
§4. Effects of Marriage
I. Duty of Consortium
II. Enforcing Marital Duties
III. Duty to Maintain
IV. Transactions for Necessaries (Schlüsselgewalt)
A. General
B. Effects
V. Presumption as to Ownership
VI. Marital Name
§5. Void and Voidable Marriages
Chapter 3. Divorce
§1. Grounds
§2. Procedure
§3. Effects
I. Duty to Maintain
A. General
B. Grounds for Maintenance
1. Child Care, § 1570 BGB
2. Age, § 1571 BGB
3. Infirmity, § 1572 BGB
4. Gross Inequity, § 1576 BGB
5. Inability to Find Work, § 1573 I BGB
6. Additional Maintenance, § 1573 II BGB
7. Education/Retraining, § 1575 BGB
C. Amount of Maintenance
D. Claimant’s Lack of Means
E. Financial Capability of the Debtor
F. Gross Inequity
G. Modes of Payment
II. Equalization of Support (Pension Splitting)
III. Household Effects and the Matrimonial Home
§4. Separation
Chapter 4. Cohabitation Outside Marriage
§1. Introduction
§2. Rules Relating to Marriage
§3. General Rules of Civil Law
§4. Explicit and Implicit Contractual Agreements
§5. Registered Partnerships
Chapter 5. Parent and Child
§1. Mother and Father of a Child
I. Mother
II. Father
A. Marriage to the Child’s Mother
B. Acknowledgement of Paternity
C. Contesting Paternity
D. Establishing Paternity by Judicial Decision
E. Artificial Reproduction
III. Knowledge of One’s Genetic Origins
§2. The Position of the Child (General)
I. The Child’s Name
II. Assistance and Due Consideration
Chapter 6. Adoption
§1. Application and Consent
§2. Placement Prior to Adoption
§3. The Adoption Order and Its Effects
§4. Revocation of the Adoption Order
Chapter 7. Parental Responsibility
§1. Acquiring Parental Responsibility
I. Parental Responsibility Acquired by Law
II. Parental Responsibility Acquired by Formal Declaration
III. Parental Responsibility Acquired by Court Order
§2. Care for the Child’s Person (§§ 1626 I 1, 1631 BGB)
§3. The Welfare Principle
§4. Legal Representation
I. Joint Parental Responsibility
II. The Limits of Legal Representation
§5. Disagreement Between Holders of Parental Responsibility
§6. Self-Determination of the Child
§7. Protecting Parental Responsibility
I. Possession of the Child
II. Contact
§8. Third Parties Caring for Children
§9. Care for the Child’s Property
§10. Claims Between Parents and Children Arising from the Exercise of Parental Responsibility
§11. State Support
§12. State Control
I. Personal Welfare
II. Management of Financial Affairs
§13. Changing Parental Responsibility
I. Suspension of Parental Responsibility
II. The Termination of Parental Responsibility
§14. Parental Responsibility upon Separation/Divorce
I. Joint Parental Responsibility
II. Sole Parental Responsibility
III. Unwed Parents
§15. Procedure
§16. Contact and Information
I. Contact Between the Child and His or Her Parents
II. Contact with Other Persons
III. Information
Chapter 8. Guardianship, Curatorship, and Care and Control
§1. Introduction
§2. Guardianship (Vormundschaft)
I. Establishment
II. Choosing the Guardian
III. Personal Care
IV. Legal Representation
V. Financial Care
VI. The Relationship Between Guardian and Ward
VII. Ending Guardianship
§3. Curatorship (Pflegschaft)
I. General Matters
II. Forms of Curatorship
§4. Care and Control (Betreuung)
I. Appointment of a Protector
II. Forms of Protectorship
III. The Protector’s Rights and Duties
IV. Termination
Chapter 9. Financial Support among Relatives
§1. General
§2. Financial Support among Relatives
I. Lack of Means
II. Financial Capability
III. Maintenance Claim
IV. Restrictions
V. Ranking
VI. Reimbursement
§3. The Parents’ Duty to Maintain Their Children
I. General
II. The Child’s Lack of Means
III. The Parents’ Financial Capability
IV. The Maintenance Claim
A. Level of Maintenance
B. Mode of Provision
V. Procedure
§4. Special Provisions for Unmarried Parents
Part III. Matrimonial Property Law
§1. Introduction
Chapter 1. The Contractual Matrimonial Property Regimes
§1. Separate Property
§2. Community Property
§3. Formalities
§4. The Register of Marital Property
Chapter 2. The Statutory Matrimonial Property Regime
§1. Disposing of Property in Its Entirety, § 1365 BGB
§2. Disposing of Household Items, § 1369 BGB
§3. Consent
Chapter 3. Equalization of Accrued Gains
§1. Accrued Gains
§2. Adjustments
§3. The Claim for Equalization
I. Gross Inequity
II. Contractual Modifications
§4. Advance Equalization
§5. Further Claims for Equalization Beyond §§ 1363 Et Seq. BGB
§6. Special Provisions for Equalization upon Death
Part IV. Law of Succession
Chapter 1. Introduction
§1. Basic Concepts of the Law of Inheritance
I. Subject Matter of the Law of Inheritance
II. Legal Sources
III. Probate Court Rules
IV. Inheritance Tax
§2. Fundamental Terms and Principles of the Law of Succession
I. Universal Succession
II. Succession to Liabilities
III. Bequest of Specific Assets
IV. Possible Heir
V. Entry of Succession
VI. Intestate Succession
VII. Testate Succession
VIII. Burial
Chapter 2. Passing Wealth on Death
§1. Intestate Succession
I. Relatives’ Right of Succession
A. Primary Heirs
B. Secondary Heirs
C. Tertiary Heirs
D. Further Heirs
E. Status of Illegitimate Children
F. Status of Adopted Children
II. Spousal Inheritance Rights
A. Community of Accrued Gains
B. Separate Property
C. Community Property
III. The Registered Partner’s Right to Inherit
IV. The State’s Right to Succeed
§2. Testate Succession
I. Testamentary Freedom
A. Constitutional Guarantees
B. No Will-Making by Proxy
C. Revocation of a Will
D. Illegality of the Will
II. Competence to Make a Will
A. Full Capacity
B. Capacity of Minors
C. General Incapacity
D. Restrictions on the Handicapped
III. Creation and Revocation of a Will
A. Creation
1. Holographic Will
2. Public Will
3. Wills Made in an Emergency
4. Official Custody of Wills
B. Revocation of a Will
C. Challenging the Will
IV. Contents and Interpretation of Wills
A. Permissible Contents
B. Interpretation of Wills
V. The Joint Will of Spouses
A. The Object and Purpose of a Joint Will
B. The Creation of a Joint Will
C. Contents of the Joint Will
D. Challenging a Joint Will
VI. The Inheritance Contract
A. Contractual Dispositions Mortis Causa
B. Concluding an Inheritance Contract
C. Contents of the Inheritance Contract
D. Obligations Arising from an Inheritance Contract and Their Extinction
§3. The Right to a Compulsory Portion
I. The Compulsory Portion
A. Persons Entitled
B. Debtor of the Compulsory Portion
C. Size of the Compulsory Portion
D. Donations to Be Deducted from the Compulsory Portion
E. Statutory Bars
F. Respite from Paying Out the Compulsory Portion
II. Protection of the Compulsory Portion
A. The Claim for the Remainder of the Compulsory Portion
B. Protection from Liabilities
C. Right to a Supplement to the Compulsory Portion
III. Exclusion of the Compulsory Portion
A. Loss of the Right to Inherit
B. Divestment of the Compulsory Portion
C. Unworthiness to Receive the Compulsory Portion
D. The Bona Fide Limitation to the Compulsory Portion
§4. Legal Transactions on Succession
I. Power of Attorney
II. Donations Mortis Causa
A. Formal Requirements for Promises Mortis Causa
B. Donations Executed Inter Vivos
III. The Contract for the Benefit of a Third Party Effective on Death
A. Admissibility
B. Relation Between Testator and Beneficiary
C. Taxation and the Obligation to Set Off Against the Compulsory Portion
IV. Succession Clauses in Partnership Contracts
A. Consequences of the Death of Partner
B. Continuation Clauses
C. Succession Clauses
D. Qualified Succession Clauses
E. Anticipated Succession
V. Contracts Relating to the Estate of a Living Third Party
VI. Renunciation of Future Inheritance
Chapter 3. The Legal Position of the Heir
§1. Devolution of the Inheritance and Legal Position of the Heir
I. Devolution of the Inheritance, Waiver and Acceptance
A. Devolution of the Inheritance
B. Waiver of the Inheritance
C. Acceptance of the Inheritance
D. The Legal Position of the Provisional Heir (Vorläufiger Erbe)
II. Waiver of Future Inheritance
III. Disqualification to Inherit
IV. The Claim for the Inheritance
A. Special Claim for Restitution
B. Persons Subject to the Claim
C. Assets to Be Restituted
§2. The German and the European Certificate of Inheritance
I. The Function of the Certificate of Inheritance
II. Procedure for Issuance of the Certificate of Inheritance
A. Jurisdiction of Probate Court
B. Application
C. Declaratory Decision on Applications
D. Withdrawal of the Certificate
E. Ordinary Proceedings with Regard to Succession Rights
III. The Effects of the Certificate of Inheritance
A. Presumption of Accuracy
B. Good-Faith Protection
C. German or European Certificate
§3. Constraints on the Heir
I. Estates of the Preliminary and Reversionary Heir
A. Preliminary and Reversionary Heir
B. Time of the Reversionary Heir’s Succession
C. The Legal Position of the Preliminary Heir
D. Relationship of Preliminary and Reversionary Heir
E. The Legal Position of the Preliminary Heir Exempted from a Number of (Otherwise Applicable) Statutory Restrictions
F. The Legal Position of the Reversionary Heir
II. The Legacy (Vermächtnis) and the Testamentary Burden (Auflage)
A. Legacy
B. The Testamentary Burden
III. The Executor
A. Purpose of Appointing an Executor
B. Types of Executors
C. Duties of the Executor
D. Civil Proceedings with Regard to Assets
E. Position of Executor with Regard to Commercial Enterprise
F. Relationship Between Heir and Executor
§4. The Heir’s Liability
I. Unlimited Liability Which Is Capable of Being Limited
A. Possibilities of Limiting Liability
B. Loss of Possibility to Limit Liability
C. Public Citation of Creditors
D. Debtor of Estate’s Liabilities
E. Determining and Executing the Estate Liabilities
II. Possibilities of Restricting the Liability to the Estate
A. Administration of the Estate (Nachlassverwaltung)
B. Proceedings on an Insolvent Estate (Nachlassinsolvenzverfahren)
C. Limiting Liability When the Estate Is Meagre
§5. The Community of Heirs (Erbengemeinschaft)
I. Joint Commitment and Joint Share in an Inheritance
A. Estate as Common Asset
B. Joint Ownership
C. Joint Disposition of Items
D. Surrogatio In Rem
E. Disposition Shares in the Estate
F. Right of First Refusal of Joint Heirs
II. Administration of the Estate
A. Internal Management
B. External Management
III. The Dissolution of the Community of Heirs
A. Possibility to Dissolve
B. Rules for Partition
C. Partition Contract
D. Compensation for Advancements
E. Assignment of the Share of the Inheritance
IV. The Joint Heirs’ Liability for Estate Debts
A. Liability Before Partition of the Estate
B. The Heirs’ Joint Liability after Partition of the Estate
Selected Bibliography
Index
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Tags: Saskia Lettmaier, Moritz Philipp Schulz, Succession Law