Absenteeism

from Wikipedia, the free encyclopedia

The Abwesenheitspflegschaft is a form of legal guardianship under German law, which then is applied when Property Rights of an absent full age of care need ( § 1911 para. 1 Civil Code). Use cases are both unknown residence and prevention from returning to take care of his affairs. In such a case, in accordance with Section 1911 of the German Civil Code, the supervisory court appoints an absentee caregiver who looks after the interests of the absent person. A well-known example recently have been the German tourists who went missing as a result of the tsunami disaster on December 26, 2004.

The court order of a custodianship in absentia remains effective even if it turns out that the absentee was already deceased at the time of the order.

Due to the legal limitation of the area of ​​activity of the absence attendant to the handling of property matters, he is prohibited from performing highly personal legal acts, e.g. B. a paternity contestation to make for the absent foster child.

Further cases of a necessary arrangement of a custodianship in absence are regulated for the purposes of inheritance law disputes as well as in Section 292 (2) of the Code of Criminal Procedure (custody in absence for the confiscated property of an accused ).

The absentee custody is lifted when the prevention has ended or the death of the absent person is certain ( § 1921 BGB). By law, the custodianship in absentia ends in the event of a declaration of death ( Section 1921 (3) BGB) and with the settlement of the matter if the custodianship was only set up to deal with a single matter ( Section 1918 (3) BGB).

In administrative proceedings in the absence of a party, a special representative of the administrative procedure be ordered.

literature

  • Werner Bienwald: Guardianship, guardianship and care law in social work. 3rd edition Heidelberg 1992, ISBN 3-8226-0892-0
  • Müller: absentee guardianship, estate guardianship and guardianship for unknown parties ; NJW 1956, 652
  • Helga Oberloskamp (ed.): Guardianship, guardianship and assistance for minors. 2nd edition Munich 1998, ISBN 3-406-43927-6
  • Tribian: Admissibility of custody in absentia ; MDR 1952, 88