Pocket money paragraph

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As pocket money paragraph is § 110 of the German Civil Code (BGB) with the official title effecting the performance using his own resources referred. The Austrian equivalent is Section 170 (3) ABGB , which is also known as the sausage roll paragraph . The standards enable minors to carry out effective legal transactions , which regularly involve low values.

Legal situation in Germany

In Germany, according to this provision, a contract that a minor who has reached the age of 7 is deemed to be effective from the start , even without the express consent of the legal representative ( ex tunc ), if the minor carries out the contractual service with means which have been given to him for this purpose or at his own free disposal by the representative or, with his consent, by a third party (e.g. an aunt who gives the minor a gift of money with the consent of the parents) (so-called limited general consensus ). The provision of pocket money or any means (such as the provision of wages or items) for free disposal or for a specific purpose therefore replaces the consent to the specific conclusion of the contract. However, if parents expressly prohibit the purchase of certain goods, minors are not allowed to purchase them, even if they use their own money for them.

The designation as "pocket money paragraph" is too narrow in that its applicability is not limited to pocket money or financial resources at all - for example, Section 110 of the German Civil Code also applies to barter transactions.

Legal situation in Austria

In Austria it is sufficient for the (retroactive) conclusion of the contract that the child fulfills his duties, provided that it is an age-typical business, in a minor matter of daily life. There is no age limit.

Effecting performance

In both Austria and Germany it is important that the service has to be achieved. This means that the minor has to fulfill his obligation resulting from the contract directly. Installment transactions (installment purchases), from which the minor incurs obligations to be fulfilled, only become effective within the meaning of Section 110 of the German Civil Code (BGB) when the contract has been fully fulfilled by the minor. Partial effectiveness is also possible if there is partial fulfillment, for example in the case of rental contracts, if the rent has been paid. In addition, the rule for such transactions remains that the validity of the contract concluded by the minor depends on the consent of the legal representative ( pending ineffectiveness ).

Effects of the provision

In Germany, the standard specifies how to handle your own pocket money for minors with limited legal capacity , i. H. Minors who have reached the age of 7 are more flexible because everyday, smaller “deals” such as buying a CD or the like are made possible in individual cases without the consent of their parents. Children and young people should be able to freely dispose of the money that they have received for precisely this purpose. Since the purpose is limited and in particular only a certain amount is left as pocket money, it is no longer covered by § 110 BGB if a minor with his pocket money z. B. buys a raffle ticket and fulfills contracts concluded by him with a profit that is significantly higher than pocket money. This is because this profit is no longer a question of funds “provided” by the agent in the sense of the regulation (keyword surrogate business ). The minor may therefore only dispose of the prize with the consent of the legal representative.

Saving pocket money is generally allowed. The BGB does not stipulate how much money the minor can shop for. In the case of expensive purchases, however, the seller will usually require the consent of the legal representative in order to establish legal certainty for himself. He is not obliged to conclude a contract and the risk of reversal would otherwise be with him if the parents subsequently reversed the business. From a formal legal point of view, however, a sales contract is valid if it was effected from funds that were made available to the person with limited legal capacity at the free disposal of the legal guardian or with their consent. The law does not specify an amount limit.

Use for adults

In Germany, the provision is also to be applied analogously to adults who have a legal guardian if, in addition to the care, a reservation of consent was ordered in the area of ​​asset management, § 1903 BGB.

See also

swell

  1. ↑ Medicus / Petersen , civil law according to claims , 25th edition, marginal no. 173 mwN
  2. ↑ tv.ORF.at. Retrieved May 24, 2014 .
  3. ↑ Natural person. (pdf) p. 1 , accessed on May 24, 2014 .
  4. ↑ Family - What can children buy with their pocket money?
  5. ^ Palandt : Civil Code. Commentary, § 110 Rn. 3
  6. ^ Medicus: Bürgerliches Recht, Rn. 173
  7. ^ Palandt: Civil Code. Commentary, § 110 Rn. 4th
  8. ↑ Pocket money paragraph - a matter for children. Retrieved November 26, 2015 .
  9. ↑ Restrictions - What types of business cannot you do alone under 18? ( Memento from May 21, 2008 in the Internet Archive )

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