Edition (civil law)
As circulation is known in German civil law, a declaration of intent , which is a single sided or one-sided binding legal transactions should occur and after another to a power should be required. It is an expression of freedom of contract .
The edition for the donation
The gift is a free gift, i. H. legally independent of any consideration that compensates for the acquisition ( Section 516 (1) BGB).
In the case of a conditional donation, however, the recipient is subject to a certain obligation to perform (execution of the condition) ( Section 525 BGB). Whether it is free of charge or not can only be determined on the basis of the will of the party, which is to be interpreted in accordance with § 133 , § 157 BGB.
Example of a donation subject to conditions: Ms. S. is donating three apartment buildings to her hometown with the condition that 30% of the apartments must be rented to needy families with children.
If the recipient does not fulfill the condition, the giver can request the return of the gift ( Section 527 BGB). The recipient can, however, refuse to fulfill the condition if the value of the donation does not reach the amount of the expenses required to fulfill the condition ( Section 526 BGB).
The condition in inheritance law
The testator can oblige the heir or a legatee to perform by means of a will without granting another person a right to the performance (condition, § 1940 BGB). The subject of a requirement within the meaning of Section 1940 BGB can be an act or omission of any kind that could also be the subject of a contractual obligation. This does not have to be of a financial nature. Examples include tending to the grave, events to commemorate the deceased, but especially prohibitions on disposing of certain items from the estate .
Certain provisions applicable to the legacy apply accordingly to a condition ( § 2192 BGB). The main difference, however, is that a condition, unlike a legacy, does not favor anyone, so that the person who is burdened with the condition is only burdened with the obligation to fulfill it.
The execution of a condition can only be requested by the heir, the co-heir and the person who would immediately benefit from the omission of the condition complained of ( § 2194 BGB, called Neiderbe in jargon ). So note z. If, for example, the heir who is complained of with the requirement of tending the grave does not meet the requirement, fulfillment can be enforced in court by the person who would be the heir if the person complained had not inherited. In the event of a refusal, the latter may, under certain circumstances, also demand the surrender of the grant with which the condition was connected. However, the donation is valid even if the condition is not met.
The testator can also appoint an executor in the will who will enforce the fulfillment of the condition if necessary in court.
Individual evidence
- ↑ BGH, judgment of 28 May 2009 - Xa ZR 08/09 para. 8th
- ↑ OLG Munich, decision of May 28, 2014 - 31 Wx 144/13 II. 3. a) aa)
- ↑ Palandt / Weidlich 74th edition 2014, § 2192 Rn. 3
- ^ Edition of the testator inheritance law today, accessed on May 2, 2019
- ↑ Martin Fries: Inheritance Law. Unit 3: Design tools of the testator University of Munich, 2018, p. 5
- ↑ Georg Weißenfels: How can a condition of the testator made in the will be enforced? Website accessed May 2, 2019
