minority

In Germany , Austria and Switzerland , a person under the age of 18, i.e. until they come of age , is considered a minor . Minors are under special legal protection and have limited rights and obligations.

history

The Roman law knew some protection of minors. A Roman citizen became fully legal at the age of fourteen, but young people could still be placed under the protection of a guardian ( curator ) up to the age of twenty-five .

In the European Middle Ages a distinction was made between infantia , the early childhood up to about seven years, and pueritia , the age from seven years to marrying, for boys at fourteen and for girls at twelve. The pueritia was followed by the adolescentia . People over fourteen were generally considered to be of legal age, with women legally transferring from the father's guardianship to that of the husband upon marriage. The infantia included the actual childhood, during which the child remained in the custody of the mother. The pueritia was the time of training, the v. a. took place in boys outside the parental home. According to medieval law, children could enjoy protection during infantia and pueritia . The Anglo-Saxon legal code of King Aethelstan (10th century), for example, stipulated that thieves under the age of twelve could not be punished. Conversely, however, the child was considered the property of the father during infantia and, under certain circumstances, could be sold into slavery. Following the Roman model, heirs under the age of fourteen were placed under guardianship. The Magna Charta (1215) guarantees that the guardian must cede the inheritance to the actual heir as soon as he comes of age.

Germany

German age definitions up to 30th birthday
term	0	1	2	3	4th	5	6th	7th	8th	9	10	11	12	13	14th	15th	16	17th	18th	19th	20th	21st	22nd	23	24	25th	26th	27	28	29
infant	Yes	No
small child	part	Yes		part			part	No
childhood	No			early			middle				late				No
child	Yes												part		part				No
student	No						Yes										part		No
teenager	No													Yes							No
Teenager	No														Yes				part			No
Youth ( UN )	No													part		Yes					part	part				No
Youth ( shell )	No												Yes													No
Age of consent	Yes														part		part		No
Minor	Yes																		No
Child benefit	Yes																		part			part				once		No
young person	part										Yes								part							part		No
teenager	No																		Yes			No
young adult	No																		Yes									No
of legal age	No																		Yes
criminal responsibility	No												formerly		part				Yes			Yes
legally competent	No							part					part		part		part		Yes
FSK / USK	0						6th						12				16		18th

Legal capacity

In the case of the legal capacity of minors, a distinction must be made between the phase before and after reaching the age of seven.

Minors up to the age of seven are incapable of doing business ( Section 104 (1) BGB ). So you cannot legally bind yourself ; any legally significant will is denied to them, their declarations of intent are void , § 105 paragraph 1 BGB .

A minor who has reached the age of seven is limited in his legal capacity in accordance with § 106 BGB i. V. m. §§ 107 to 113 BGB. He requires a declaration of intent through which he does not only obtain a legal advantage, the (prior) consent of his legal representative. A contract concluded without such consent is pending ineffective ( § 107 BGB). It can become effective with the subsequent approval of the legal representative ( § 108 BGB). Insofar as the minor has been given funds for certain purposes or for free disposal by the legal representative (for example pocket money), the minor can conclude effective contracts to this extent, Section 110 BGB ( pocket money paragraph ).

However, neither the legal incapacity nor the limited legal capacity have an impact on the ability to pass on declarations of intent of (unlimited) persons with legal capacity (as “messengers”). So z. B. Children as messengers of explanation legally buy for their parents.

liability

Minors are not liable for their actions up to the age of seven ( liability privilege ), unless liability is required by the principles of equity . Thereafter, minors are only liable until they reach the age of majority if they can see their injustice.

Parents are only liable if they have violated their duty of supervision . However, it is excluded if the damage would have occurred even with proper supervision.

Austria

A minor is a person who has not yet reached the age of 18. A minor who has reached the age of 14 but not yet 18 is a young person. This is stipulated in Section 21 of the General Civil Code , Section 1 of the Youth Courts Act 1988 and Section 74 of the Criminal Code .

Historical

From July 1, 1973 to June 30, 2001, a person up to the age of 19 was a minor in the ABGB . Within this group, those who had not yet reached the age of 14 were referred to as minors and those who had not yet reached the age of 7 as children. In the course of time, various laws reduced the age of majority to 18 years.

In Switzerland too, the age of majority has been reduced from 21 to 18 years.

Web links

Wiktionary: Minors - explanations of meanings, word origins, synonyms, translations

swell

^ David Johnston: Roman law in context. Cambridge University Press, Cambridge et al. 1999, ISBN 0-521-63046-0 , p. 41.
↑ Cornelia Hain: Introduction to the Middle Ages. Section: Childhood in the Middle Ages.
↑ Eva Mitterdorfer: Childhood in the Middle Ages. Legal, biological and educational aspects. Typewritten phil. Diploma thesis Salzburg 1992; Klaus Arnold : child. In: Robert-Henri Bautier , Robert Anty (Ed.): Lexicon of the Middle Ages. Volume 5: Hiera means to Lucania. Artemis and Winkler, Munich / Zurich 1991, ISBN 3-7608-8905-0 , Sp. 1142–1145.
^ Henry Adams : Essays in Anglo-Saxon Law. 2nd printing. The Lawbook Exchange Ltd., Clark NJ 2004, ISBN 1-584-77435-5 , p 153. The right to infanticide was, however, only as long as the baby had taken no food ( neonaticide ).
↑ In the state of Bavaria , vocational school is compulsory up to the age of 21; see BayEUG , Art. 39 .

↑ Child benefit is currently granted for disabled children in Germany without any age limit.

↑ General Civil Code - Section 21, valid from July 1, 1973 to June 30, 2001 , Federal Legal Information System

[1] David Johnston: Roman law in context. Cambridge University Press, Cambridge et al. 1999, ISBN 0-521-63046-0 , p. 41.

[2] Cornelia Hain: Introduction to the Middle Ages. Section: Childhood in the Middle Ages.

[3] Eva Mitterdorfer: Childhood in the Middle Ages. Legal, biological and educational aspects. Typewritten phil. Diploma thesis Salzburg 1992; Klaus Arnold : child. In: Robert-Henri Bautier , Robert Anty (Ed.): Lexicon of the Middle Ages. Volume 5: Hiera means to Lucania. Artemis and Winkler, Munich / Zurich 1991, ISBN 3-7608-8905-0 , Sp. 1142–1145.

[4] Henry Adams : Essays in Anglo-Saxon Law. 2nd printing. The Lawbook Exchange Ltd., Clark NJ 2004, ISBN 1-584-77435-5 , p 153. The right to infanticide was, however, only as long as the baby had taken no food ( neonaticide ).

[5] In the state of Bavaria , vocational school is compulsory up to the age of 21; see BayEUG , Art. 39 .

[6] Child benefit is currently granted for disabled children in Germany without any age limit.

[7] General Civil Code - Section 21, valid from July 1, 1973 to June 30, 2001 , Federal Legal Information System