Household items
Household items , all in an apartment located and home economics and life necessary utility and consumer goods from individuals .
General
The household effects form a substantial part of the private assets of a private household . That is why several areas of law and the insurance industry in the form of household insurance deal with it . The distinction between household items and other items is not always easy, but the scope of the term is fixed in law and in household insurance. For example, if the personal computer is used predominantly or exclusively for professional practice ( study ), it does not belong to the household effects; if it is used significantly by other family members, it is part of the household effects.
species
Household items can be divided into four types:
- The furnishings include pictures , window decorations , furniture or carpets .
- Utensils: clothing , books , dishes , household appliances , information and communication technology , kitchen appliances , sound carriers , entertainment electronics .
- Consumer goods: food and beverages .
- Valuables: antiques , cash , precious metals , gemstones or jewelry .
Under insurance law , household items also include awnings , things brought in by the policyholder as a tenant , lawnmowers , boats or work equipment for professional use . In the case of valuables in particular, the household insurance will set a deductible or a liability limit.
Legal issues
Household items are a typical set of things , i.e. several independent movable items that are linked by a common economic purpose ( housekeeping ), can only develop their value as a unit and are summarized under a uniform term (household items) in the public opinion. In civil law , household items are usually described using the legal term household item.
Marriage law
The Marriage Law provides in § 1361a , para. 1 BGB stipulate that on Separated survivors each of them owned by him household items from the other spouse's request out must. He is, however, obliged to leave it to the other spouse to use, to the extent that it needs to keep a separate budget and the provision to the circumstances of the case of equity equivalent. Household items within the meaning of this provision are movable items which, according to the life style of the spouses, are intended for marital home, housekeeping and family life. The motor vehicle is part of the household items if it is mainly used as a family car by the whole family and is not only available to one spouse. According to Section 1369 (1) BGB, a spouse can only dispose of items belonging to him or her from the marital household and only commit to such a disposition if the other spouse agrees .
No household effects are essential components of the building or property ( Section 94 BGB) as well as movable objects that are intended for the personal use of a family member, serve the profession of a spouse or merely represent a capital investment . According to this judgment, distributable household items are not part of the profit sharing .
Inheritance law
In inheritance law , the surviving spouse is the legal heir alongside relatives of the second order or alongside grandparents , whereby he is entitled to the property belonging to the marital household in addition to the inheritance portion, unless they are an accessory to a property, and the wedding gifts (" advance "; § 1932 Paragraph 1 BGB). In accordance with Section 13 (1) No. 1 ErbStG, household effects are exempt from inheritance tax with an exemption .
Social law
In social law , according to § 2 para. 3 no. 1 SGB II in assets at the basic security for job seekers not to consider the appropriate household items. The for ensuring the subsistence necessary livelihood comprises according to § 27a para. 1 SGB XII in particular food, clothing, personal care, household items, household energy without the amounts attributable to heating and hot water production units, personal needs of daily life, as well as housing and heating.
Non-attachability
The non-seizure of ordinary household items is regulated in § 812 ZPO ; this also applies in accordance with Section 36 (3) of the Insolvency Code (InsO), which excludes household items from the bankruptcy estate. Exceptions in both cases are particularly valuable items that are merely capital investments. But are always subject to attachment luxury goods , which by way of exchange of seizure by transferring one to use enough cheap product may be seized (replacing a Rolex of 16,000 euros against a swatch of 30 euros).
Household goods in the GDR
Household items were one of the few things in the former GDR that citizens were allowed to own privately . It was part of the citizens' property in consumer goods (Art. 11 GDR Constitution , §§ 22 ff. ZGB ), which were primarily paid for out of wages and which served to satisfy personal needs . Ownership could therefore exist in objects of daily use , household items or a house ( dacha ), but was not allowed to become a source of income.
Web links / literature
- Literature on household items in the catalog of the German National Library
Individual evidence
- ↑ Peter Koch, Gabler Insurance Lexicon , 1994, p. 388
- ↑ BGHZ 89, 137 , 145
- ↑ BGH NJW 1991, 1552
- ↑ a b BGHZ 89, 137, 145
