Best man

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A best man is a named person who is present at a marriage and who testifies to this legal act by signature.

Legal situation in Germany

Since July 1, 1998, no witnesses are required for civil weddings in Germany . According to Section 1312 of the German Civil Code , however, up to two people can be named. The same applied to the establishment of a same-sex civil partnership under the Civil Partnership Act (LPartG § 1, Paragraph 2).

There have been no witnesses in the GDR since 1955; with the loss of GDR law in the course of reunification , these were initially reintroduced for the accession area.

However, groomsmen have no statutory obligations.

Legal situation in Austria

In Austria two witnesses are required. Since November 1, 2013, according to Section 18 (3) of the 2013 Civil Status Act (PStG 2013), the marriage can be carried out with or without a witness if both fiancés declare this.

In the case of a registered partnership , no witnesses are provided. In January 2013, however, the Constitutional Court made it clear in its decision B 125/11 and B 138/11 that at the request of the partnership applicants, two accompanying persons should be granted a special position and given the opportunity to follow the event in a special way.

Legal situation in Switzerland

In Switzerland ( ZGB Art. 102 ) two witnesses are required.

Canon Law

The Roman Catholic Church , according to Can. 1108 and Can. 1116 CIC the presence of two witnesses as the minimum norm for a valid marriage. Because even a church wedding without a priest is possible. The witnesses have to receive the announcement of the marriage consensus of the couple and to certify it in the church register.

In the Protestant Church , the validity of a civil marriage is recognized and is a prerequisite for a subsequent church blessing ceremony, at which witnesses can be present, but are not required.

Traditions

As a rule, one best man is appointed by the bride and another by the groom . The placement of the witnesses is not mandatory. When a ring change takes place, the maid of honor usually takes over the bride's bouquet , while the best man hands the rings to the groom. But there are also variations here.

It can be the custom for a best man to take care of the organization of the bachelorette party . Another custom is the so-called witness speech .

In the 19th century, the term stool guide was common for groomsmen , because it was his job to lead the bride to the wedding stool .

Individual evidence

  1. Freie Presse , July 8, 2011, p. B6, with reference to the ordinance on marriage and dissolution (EheVO) of November 24, 1955 ( Journal of the GDR I p. 849).
  2. in earlier usage also: assistants , s. Entry assistance at Duden online , accessed November 1, 2015.
  3. Catholic Catechism of the Dioceses of Germany, p. 186, Herder Freiburg 1955
  4. Codex Kan.R. 1107. In: www.clerus.org. Retrieved January 1, 2017 .
  5. See e.g. B. Wedding , treatise on the website of the Evangelical Lutheran Church in Bavaria, accessed on February 25, 2014.
  6. Ev. Church: ring change possible
  7. including in the Frankfurter Ober-Postamtszeitung from 1825