Mouth dead (right)
As silence (from lat . Mundium , mhd. Munt ) referred to earlier incapacitated adults under guardianship were.
Before the BGB came into force on January 1, 1900, extravagant people were "silenced". You were placed under the "curator" of a supervisor. The parallel to today's care with reservation of consent is obvious. Anyone who concluded a deal with someone who had been silenced and the curator did not consent was left behind. B. by losing his claim. Such contracts were null and void, even if the contracting party of the person who had been declared dead knew nothing of his incapacitation. To protect fellow citizens, the death declaration was made public. The application for a declaration of death was submitted to the competent local court . Often the wives of extravagant and alcoholic husbands petitioned for a death certificate to avert the ruin of the family fortune.
The Baden Landrecht provided for the following regulations in the chapter "From the mouth to death."
- "513. The spendthrifts can be forbidden, without the aid of an adviser ordered by the court, to conclude settlements, to raise loans, to raise redeemable capital or to give receipts, to sell or pledge goods.
- 513 a. Anyone who does something against this prohibition, and therefore does not allow himself to be improved by the first degree of oral death, can subsequently be made completely oral, whereby he is forfeited under Saz 509, and is also unable to make the last decrees of will.
- 514. One, like the other, orders can be sought by anyone who has the right to apply for incapacitation. The application is negotiated and decided in the same way. One like the other can only be lifted under observation of the same formalities.
- 515. Where a lack of mouth due to incapacitation or a Mundtodt declaration is in question, a judgment can neither be made in the first nor in the second act without hearing Kron-Anwald's motion. "
