Help with children in the household

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A girl puts stockings and shoes on her little sister. Oil painting by Theophil-Emmanuel Duvenger , around 1900.

The help of children in the household is regulated in Germany by Section 1619 of the Civil Code :

" Section 1619 - Services in the house and business
As long as the child belongs to the parental household and is raised or maintained by the parents, it is obliged to provide services to the parents in their household and business in a manner appropriate to their abilities and position in life. "

- Civil Code

Legal details

The duty to provide services applies regardless of whether the child is a minor, of legal age , single or married. However, it only applies to children who are not otherwise fully employed. As a rule, the obligation to help should begin at the age of 14.

In the case of underage children who are still in training, the parents may only demand enough cooperation so that the training is not impaired. If parents abuse their rights under section 1619, the family court can take action under the conditions of section 1666 ( judicial measures in the event of a threat to the best interests of the child ). An adult child can evade the obligation to provide services at any time by moving out of the parental home.

Section 1626 (2) of the German Civil Code ( Parental Care , Principles ), amended on January 1, 1980 , was understood by the legislature to mean that it is part of the exercise of parental responsibility to bring up children to take on their own responsibilities and duties as well as their possibilities and limits.

§1619 BGB is one of the few legal regulations in Germany that place services on a non-contractual basis. Another example is § 1360 BGB, which obliges married people to support their families .

history

The provision on the duty of children to cooperate under family law was originally classified as Section 1617 in the BGB. With the reform of the illegitimate law on July 1, 1970, it replaced the now vacant section 1619.

In the early 20th century, Section 1617 had important practical consequences because it stipulated that the acquisition of the child in the parents' household and business went directly to the parents without first becoming the property of the child. Due to economic, social and cultural changes, the importance of the obligation to work has declined significantly since then. It still plays a role in agriculture and handicrafts today .

Jurisprudence

A compulsory enforcement of the duty to provide service has always ruled out even with children of legal age, since a corresponding court judgment would not be enforceable on the basis of Section 888 (2) ZPO ( non-justifiable acts ). In principle, their refusal does not entitle the parents to deny maintenance to the refusing child.

In the legal literature, the duty to assist appears at best in the context of damages law, e.g. B. if a child is killed through the fault of a third party, so that it can no longer perform its services in the parental home. In such cases, the parents can assert claims for damages against the perpetrator on the basis of § 1619 and § 845 ( claims for compensation due to lost services ).

In addition, the parents are bound by the Youth Labor Protection Act, but this allows children to "provide minor assistance [...] due to family law regulations". The prerequisite is that the work corresponds to the development, age and strength of the child. The case law considers 3.5 to 7 hours a week for 12-year-old children to be reasonable. As the children get older, the Youth Employment Protection Act gradually relaxes the restrictions.

See also

literature

  • Tönjes Cordes: The child's duty to provide services according to § 1617 BGB . Rostock 1936.
  • Silke Anke Torp: The legal relationship between parents and their children . Duty to provide service, trousseau and equipment. Lang, Frankfurt am Main 2000, ISBN 3-631-36365-6 .
  • Sabine Metzing: Children and adolescents as caring relatives . Huber, Bern 2007, ISBN 3-456-84549-9 .

Web links

Notes and individual references

  1. ↑ Legal text
  2. ↑ FamRZ (= journal for the entire family law with care law, inheritance law, procedural law, public law) 1972, 87
  3. ↑ BGHZ 137, 1
  4. ↑ BGH VersR 1990, 907 = NZV 1990, 307
  5. ^ FamRZ (= journal for the entire family law with care law, inheritance law, procedural law, public law) 1960, 359, 360
  6. ^ A b Wilfried Schlueter: BGB family law . 14th edition. CF Müller, Heidelberg a. a. 2013, ISBN 978-3-8114-9853-2 , pp. 255 . ( limited online version in Google Book Search)
  7. ^ Tenth report on children and young people, 1998, point B 11.2: Special features of children's rights, p. 159
  8. ↑ a b Members of the Federal Court of Justice (ed.): The Civil Code . With special consideration of the case law of the Reichsgericht and the Federal Supreme Court. 12th edition. de Gruyter, Berlin, New York 1999, ISBN 3-11-016679-8 , pp. 30th ff. (4th book, 2nd section) . ( limited online version in Google Book Search)
  9. ↑ a b G. Maercker: The handling of the estate, inheritance law, family law and guardianship law together with the legal provisions and administrative regulations for the Prussian state relating to these legal relationships . 17th edition. R. v. Decker, Berlin 1902, p. 479 f . ( limited online version in Google Book Search)
  10. ↑ Gerrit Horstmeier: Precarious employment . Systematic presentation of all forms of employment. De Gruyter, Berlin 2009, ISBN 978-3-89949-468-6 , pp. 37 . ( limited online version in Google Book Search)
  11. ↑ Hergenröder, Arbeitsrecht-Blattei, 700.1., Rn 24
  12. ^ Kurt E. Böhme, Anno Biela: Motor traffic liability damage . Practical manual. 24th edition. CF Müller, 2009, ISBN 978-3-8114-4371-6 , pp. 262 . ( limited online version in Google Book Search)
  13. ↑ Children and housework. Retrieved March 12, 2017 .