List of legal sources for German family law
The list of legal sources for German family law includes relevant laws and international agreements for German family law .
Constitutional Law and Human Rights
civil right
- Civil Code (BGB)
- Introductory Act to the Civil Code (EGBGB)
- Law on the Equalization of Pensions (Pensions Equalization Act - VersAusglG)
- Law on registered civil partnerships (Life Partnership Act - LPartG)
- Law on changing first names and determining gender in special cases (Transsexual Law - TSG)
- Law on the matrimonial property regime of displaced persons and refugees (Displaced persons property law - VFGüterstandsG)
- Law on Religious Upbringing of Children (KErzG)
- Law on civil law protection against acts of violence and stalking (Violence Protection Act - GewSchG)
- Law on the mediation of adoption as a child and on the prohibition of the placement of surrogate mothers (Adoptionsvermittlungsgesetz - AdVermiG)
- Law on the remuneration of guardians and guardians (Guardian and Guardian Remuneration Act - VBVG)
Social law
- Eighth book of the Social Security Code (SGB VIII), with regulations on child and youth welfare
- Federal Child Benefit Act (BKGG)
- Parental Allowance and Parental Leave Act (Federal Parental Allowance and Parental Leave Act - BEEG)
- Law to secure the maintenance of children of single mothers and fathers through maintenance advances or deficit payments (maintenance advance law )
- Twelfth Book of the Social Code (SGB XII), with provisions on social assistance
- Federal Act on Individual Promotion of Training (Federal Training Assistance Act - BAföG)
International family law
Several conventions are important for German family law, which were adopted at the Hague Conference on Private International Law , by the Council of Europe or by the UN General Assembly :
- the Regulation (EC) no. 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) no. 1347/2000 (OJ EU No. L 338 p. 1), in short: "Brussels II a Regulation".
- the Regulation (EU) No 1259/2010 of the Council implementing enhanced cooperation in the area of the law applicable to divorce and legal separation of the marriage law of 20 December of 2010. (Rome III - VO)
- the 41/2009 of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance of 18 December 2008 Regulation (EC) No.
- the European Convention of May 20, 1980 on the Recognition and Enforcement of Decisions on Custody of Children and Restoration of Custody , in short: "European Custody Convention (ESÜ)",
- the Hague Protocol on the Law Applicable to Maintenance Obligations
- the Hague Convention on the Recognition and Enforcement of Maintenance Decisions
- the law for the assertion of maintenance claims in dealings with foreign countries (Auslandsunterhaltsgesetz - AUG)
- The Hague Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in the Field of Parental Responsibility and Measures for the Protection of Children , in short: "Hague Child Protection Convention" (KSÜ),
- the Hague Convention on the Civil Aspects of International Child Abduction , of October 25, 1980, in short: "Hague Child Abduction Convention (HKÜ)",
- the Hague Convention on the Protection of Children and Cooperation in the Field of Intercountry Adoption
- the Act implementing the Hague Convention of 29 May 1993 on the Protection of Children and Cooperation in the Field of International Adoption (Adoptionsübereinkommens-Ausführungsgesetz - AdUbAG)
- the Act on the Effects of Adoption as a Child according to foreign law (Adoptionsffektungsgesetz - AdWirkG)
- European Convention on the Adoption of Children of the Council of Europe of April 24, 1967, not ratified by Germany
- the law for the implementation and implementation of certain legal instruments in the field of international family law (International Family Law Procedure Act - IntFamRVG)
- the agreement between the Federal Republic of Germany and the French Republic on the property regime of the electoral gain community
- the Convention on the Rights of the Child (UN Convention on the Rights of the Child - CRC)
- the European Convention on Human Rights (ECHR), in particular Article 8 right to respect for private and family life
- the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence of 11 May 2011
Procedural law
- Courts Constitution Act (GVG)
- Code of Civil Procedure (ZPO)
- Law on the procedure in family matters and in matters of voluntary jurisdiction (FamFG)
- Personal Status Act (PStG)
- Law on court costs in family matters (FamGKG)
Transitional provisions
- Law on the introduction of the Code of Civil Procedure of January 30, 1877
- Law on the legal status of illegitimate children of 19 August 1969
- Law on the Reform of Childhood Law of December 16, 1997
- Assistance Act of 4 December 1997
- Law to facilitate family court measures in the event of a threat to the best interests of the child of July 4, 2008
- Law on the reform of the procedure in family matters and in matters of voluntary jurisdiction (FGG Reform Act - FGG-RG) of December 17, 2008
- Law on the Reform of Parental Control of Unmarried Parents (NEheSorgeRG) of April 16, 2013
Tables
See also
literature
- Dagmar Coester-Waltjen : Family Law. Beck texts in dtv , 19th edition, March 2019, ISBN 978-3423055772 .
- Julius von Staudinger : Commentary on the Civil Code . Book 4: Family Law: §§ 1638-1683. Sellier-de Gruyter , 2015, ISBN 978-3-8059-1189-4
- Peter-Christian Kunkel : Social Code VIII: Child and youth welfare. 5th edition, Nomos , 2014, ISBN 978-3848707980
- Reinhard Wiesner : SGB VIII, child and youth welfare. 5th, revised edition, CH Beck , 2015, ISBN 978-3-406-66634-6
- Helga Oberloskamp : Guardianship, guardianship and assistance for minors. 4th edition 2017, CH Beck, ISBN