Boniface case
With the Boniface case the decision of the Reichsgericht (RG) of October 28, 1913 is meant. The main problem of the case is the distinction between a donation between living persons according to § 516 BGB and a donation in the event of death according to § 2301 BGB.
The facts concern a clergyman who had made his sister the sole heir by means of a will . Shortly before his death, however, the testator had handed over securities to a parish clerk so that they could be handed over to the auxiliary bishop, who was the representative of the Boniface Association . The handover actually took place, but only after the death of the testator. After the death of the testator, the sister, as sole heir, sought the return of the securities from the Bonifatius Association.
The key questions are whether the association has acquired ownership of the securities and whether there was an effective obligation to do so. The Reichsgericht denied the association's acquisition of ownership because at the time of the handover the sister no longer had the will to transfer ownership as the owner. From today's point of view, however, an existing agreement is sufficient, provided it was not revoked before handover.
The commitment business was also ineffective in the opinion of the Court, because it is not the formal requirement of § 2301 corresponded to the Civil Code. So the sister could ask for it to be returned.
See also
Web links
- OpinioIuris / Bonifatius case: RG, October 28, 1913 - VII 271/13 = RGZ 83, 223 .
- Comments on the judgment
