Personal belongings

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A jointure (also Leibgut , annuity , body breeding , Dotalium , Doalium or Vitalitium ) is the obligation in kind , such as housing , food, Hege to provide and care to a person until their death, mostly at court handed in agriculture between transferor and Transferee is agreed. Special forms are the Ausgedinge (also called discharge or old age part ) and the widow's property .

Legal consequences

If the acquisition of assets takes place “with regard to a future right of inheritance”, a personal asset granted as consideration is not a liability that reduces the value of the assets acquired within the meaning of Section 1374 (2) BGB . The court is thus acc. Section 1374 (2) BGB, with its full value added to the initial assets, is therefore not part of the gain ( Section 1373 BGB) and therefore also not part of the gain compensation claim of the other spouse ( Section 1378 BGB).

history

In the ruling aristocratic families, women marrying in used to receive their income from specific goods, places or parts of the country overwritten - be it starting with the marriage, be it for the widow's case. In some cases, when the husband died, this also involved the widow's assumption of direct power over the personal belongings. These specifications were part of the prenuptial agreement negotiated before the wedding .

See also

Individual evidence

  1. ^ Meyer's Large Conversational Lexicon . 6th edition. Bibliographisches Institut, Leipzig / Vienna 1909 ( zeno.org [accessed on May 28, 2019] Lexicon entry “Leibgedinge”).
  2. BGH , judgment of June 27, 1990 - XII ZR 95/89