Wastefulness
Wastefulness describes the repeated making of senseless expenses that are grossly disproportionate to one's own economic performance. With the word addiction , the term emphasizes that it is mostly waste that is no longer fully conscious and is no longer completely under one's own control.
Colloquial use
The term extravagance is also used as a slang term for the tendency, predominantly in industrialized countries, to high or senseless consumption of goods or raw materials. One aspect here is that goods are often produced in a poor quality so that they are disposed of after a relatively short lifespan in order to purchase new goods instead of being able to continue using them. Another variant of the wastefulness is the urge to purchase new goods instead of continuing to use the existing functional goods; this is often referred to as the throw-away mentality .
Legal situation
Swiss law
Wastefulness is present when a person repeatedly makes nonsensical expenses due to a lack of character in their mind and will, which are grossly disproportionate to their own economic performance and thereby seriously endanger or damage their income or assets ( see literature # 1 ). Under certain circumstances, this can lead to incapacitation .
Maltese law
In Maltese inheritance law ( see Literature # 2 ), wastefulness can mean that a person convicted of wastefulness is not allowed to write a will.
German law
Under German law, wastefulness in the private sector can under certain circumstances flow into the assessment of leadership in the official sector (for example with a cashier).
In Ferdinand Regelsberger's Pandects from 1893 ( see Literature # 3 ), § 65 on extravagance states:
- The tendency to exploit assets challenges the caring activity of the legal system, insofar as this jeopardizes the economic existence of an individual or a whole family.
Under certain circumstances, a will can contain provisions on the withdrawal of the compulsory portion "in good faith" if the person entitled to compulsory portion is highly indebted or is subject to "wastefulness".
Wastefulness was a reason for incapacitation in Germany until December 31, 1991 . Since January 1, 1992, extravagance has no longer played a role when appointing a supervisor . However, it can still be found in a modified form in the prerequisite for ordering a reservation of consent .
Religious Aspects
Catholic Church
In the message of the 40th General Assembly of the Brazilian Bishops' Conference in 2002, the following proposal was made for the poor of this world:
- In the light of the gospel, they are to be helped to bear testimony to new values and habits, to renounce consumer behavior, avoid waste, exemplify frugality and lead a simple, modest life.
Jewish law
In Jewish law, extravagance cannot lead to incapacitation on its own, but only in conjunction with natural obstacles to the ability to act. Often, however, a waste addict is classified as insane , which means that the conditions for incapacitation can also be met here.
literature
- see. Schnyder / Murer, Berner Commentary on Swiss Private Law, Bern 1984, N 20 to Art. 370 ZGB
- see. Maltese inheritance law; About the ability to make and receive a will; Art. 597
- Pandects by Ferdinand Regelsberger in the catalog of the German National Library
