Community of achievement
The community of acquisitions is a matrimonial property regime .
Like the carpooling community, it is an intermediate form of separation of property and general community of property , in which a community of property does not occur with regard to the total mass, but only with regard to certain parts of property. It is therefore a form of limited community of property.
In the community of achievements, the achievements during marriage become the joint property of the spouses.
The community of acquisitions is to be differentiated from the community of gains : In the community of gains, the property of the spouses remains separate, and only when the property regime is terminated - for example because of a divorce - the gain made during the marriage is compensated retrospectively.
In Europe, the community of acquisitions is the most widespread property regime. In several countries, including France, it regulates property relations during a marriage if the spouses have not reached another agreement. In contrast, in Germany there is a community of gains if no other agreement has been made.
Germany
In the German Reich and in the Federal Republic of Germany the community of achievements existed until the Equal Rights Act (GleichberG) came into force in 1958. Until it was abolished, it was regulated in §§ 1519 ff. BGB . It continues to apply (in the old federal territory) only to marriage contracts concluded before July 1, 1958 ( Art. 8 No. 7 GleichberG).
Before the BGB came into force in 1900, the community of achievements was particularly widespread in Württemberg and parts of Bavaria .
Was formative for them that the water introduced into the marriage assets of each spouse as the separate property or community of surplus remained in the sole ownership, but how acquired during the marriage assets both spouses in the community property shared common property in the form of a total hand community was.
The brought in goods included, in addition to the assets at the time the community of acquisitions joined z. B. also inheritances and gifts . In addition to the common property and the property brought in by the husband and wife, there was also the estate of the retained property of the wife. In contrast to the general community of property and carpooling, there is no possibility of a continued community.
In the Federal Government's First Equal Opportunities Report published in 2011 , the Expert Commission recommended introducing the community of achievements in Germany as a statutory property regime; As a first step, it should be admitted as a selectable property regime, and at the time of marriage, compulsory information about the various property regimes should be provided.
GDR
Until 1990, the community of acquisitions was the statutory property regime according to the family code of the GDR (§ 13 FamGB-GDR ). It was called a property and property community.
On October 3, 1990, the GDR marriages were transferred to the statutory matrimonial property regime of the BGB through investment provisions of the Unification Treaty ( Art. 234 § 4 EGBGB ), unless they opted against it within two years. In certain cases, however, the regulations of that time continue to apply.
literature
- Eduard Heilfron : Textbook of civil law on the basis of the civil code. 3. edit again. Edition Volume 4 Family and Inheritance Law Berlin 1908 - p. 128 ff. ( Excerpt )
- Christiane A. Lang: § 40 FGB / GDR: basis of claims of the present . FORUM Family Law, Issue 1 + 2/2006, p. 29 ff.
- Christiane A. Lang: The coexistence of the community of gain and community of achievement. djbZ 4/2008, p. 176 ff.
Individual evidence
- ↑ Press release: New model for European integration in civil law ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. , BMJ, February 2, 2011 (accessed July 8, 2012)
- ^ First equality report: New ways - equal opportunities. Equality between women and men over the life course , German Bundestag, Drucksache 17/6240, June 16, 2011, p. 67
- ^ First equality report: New ways - equal opportunities. Equality between women and men in the life course , German Bundestag, Drucksache 17/6240, June 16, 2011, p. 240
