Housemate

from Wikipedia, the free encyclopedia

Housemate is a not precisely defined legal term that particularly qualifies persons in the legal systems of German-speaking countries. It refers to people who live in the same house or household. In particular:

  • Persons connected under family law, especially relatives of the host (e.g. spouse, children, parents, siblings, etc.) and persons by marriage as well as partners and their children or relatives, etc.
  • Persons who are in a dependent or salary relationship with the host ( employer )

Relevant standards

Germany

  • Section 2028 of the German Civil Code (BGB) on the duty of the housemate to provide information if he was in the same household as the deceased at the time of the inheritance.
  • Section 106 of the Code of Criminal Procedure and Section 46 of the Federal Police Act ( BPolG) on the procedure for the search of apartments by bringing in adult relatives, housemates or a neighbor if the owner of the rooms or objects to be searched is absent.

Liechtenstein

  • Section 594 of the Austrian Civil Code (ABGB) on the inability to testify in a will of paid housemates
  • Section 1032 ABGB on the exclusion of liability of employers and heads of families for loans from housemates.
  • Section 1314 of the Austrian Civil Code (ABGB) on the employer's liability for his employees in the event of damage to the owner of the house or members of the household by an employee.
  • Art 249 property law (Liechtenstein) (SR) on the scope of the right of the person entitled to live, to include his family members and housemates in his home.
  • Art 50 Bankruptcy Code (KO) on the claims for care and maintenance of the debtor and his housemates for the last year before the opening of bankruptcy.
  • Section 95 (3) of the Criminal Code and Section 95 (3) of the Code of Criminal Procedure and Article 25b (3) of the Police Act on the procedure for the search of apartments by bringing in adult relatives, housemates or a neighbor if the owner of the rooms or objects to be searched is absent .
  • Art 36 Introductory Act of May 13, 1924 to the Customs Treaty with Switzerland of March 29, 1923 on the special epidemic police and the obligation of apartment owners and adult housemates to report to the mayor.

Austria

  • Section 594 of the Austrian Civil Code (ABGB) on the inability to testify in a will of paid housemates
  • Section 1032 ABGB on the exclusion of liability of employers and heads of families for loans from housemates.
  • Section 1314 of the Austrian Civil Code (ABGB) on the employer's liability for his employees in the event of damage to the owner of the house or members of the household by an employee.
  • Section 159 Rules of Procedure for the Courts of the 1st and 2nd Instance on the delivery of documents to every adult housemate known to the deliverer, a housemaid, an employee of the recipient, etc.
  • Section 76 Trade Regulations (GewO 1859) on the obligations of unskilled workers towards the business owner, the other unskilled workers and housemates as well as apprentices and other people.
  • § 82 GewO 1859 on the termination of the employment relationship of the unskilled worker if he seeks to induce the other unskilled workers or housemates to disobedience, to rebel against the business owner, to a disorderly lifestyle or to immoral or illegal acts.
  • § 12 Veterinary Act on permissible activities of the animal keeper and his housemates on his animal and for his animal without violating the powers of the activities reserved for the veterinarians.

Switzerland

  • Art 332 and 333 ZGB on the domestic authority of the head of the family over members of the household and other persons.
  • Art 333 ZGB and 101 OR on the liability of the head of the family towards third parties for members of the household and other people.
  • Art. 474 and 606 of the Civil Code on the deduction of the claims of the housemates to maintenance during one month from the inheritance after the death of the testator.
  • Art 777 ZGB on the scope of the right of the person entitled to live, to include his family members and housemates in his home.
  • Art 30 para. 1 Ordinance on the management of the bankruptcy offices (KOV) on the obligation of adult housemates to declare if the debtor has died or has fled.
  • Art 5 and 11b Para. 1 Ordinance on the Admission of Children for Foster Care and Adoption (PAVO), according to which the permit for paid or free care and upbringing or for the adoption of children in a household may only be granted if the foster parents and their housemates guarantee good care, upbringing and education of the child in terms of personality, health and educational aptitude as well as the living conditions and the well-being of other children living in the foster family is not endangered.
  • Art 58 Federal Act on Debt Enforcement and Bankruptcy (SchKG) on the standstill of debt enforcement (executions) for a debtor whose spouse, registered partner, straight line relative or person in law or his housemate has died.
  • Article 49 of the Federal Act on Administrative Criminal Law (VStrR) and Article 66 of the Military Criminal Procedure (MStP) on the procedure for the search of apartments by bringing in adult relatives or housemates if the owner of the rooms or objects to be searched is absent.

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