Procedural capability
Procedural ability refers to the ability to make statements, file applications and appeal within a voluntary judicial process . As a rule, these are support procedures , placement procedures , inheritance procedures or land registry matters .
In principle, according to the law on the procedure in family matters and in matters of voluntary jurisdiction (FamFG), the person who is legally competent ( § 104 BGB) ( § 9 ) is legally competent .
In matters of care and accommodation , however, the person concerned is legally competent in any case, in the latter case when they have reached the age of 14 ( Section 275 or Section 316 , possibly in conjunction with Section 167 (3) FamFG).
In the Code of Civil Procedure , procedural capability is referred to as process capability .
See also
Web links
literature
- Harm: The procedural ability of supervised persons acc. Section 66 FGG; Nurse 2006, 8
