Housing and Care Contract Act

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Basic data
Title: Law regulating contracts for housing with nursing or care services
Short title: Housing and Care Contract Act
Abbreviation: WBVG
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Special administrative law , social law
References : 2170-6
Issued on: July 29, 2009
( Federal Law Gazette I p. 2319 )
Entry into force on: October 1, 2009
Last change by: Art. 12 G of November 30, 2019
( Federal Law Gazette I p. 1948, 1954 )
Effective date of the
last change: 		January 1, 2020
(Art. 13 G of November 30, 2019)
GESTA : G022
Please note the note on the applicable legal version.

The Housing and Care Contract Act (WBVG) in Germany standardizes the civil law issues for home and care contracts and has replaced the corresponding provisions of Sections 5 to 9 of the Federal Home Act on October 1, 2009.

Legislative history

The new regulation had become necessary after the federalism's legislative competence in home law (with the exception of home contract law) had lapsed as a result of the 2006 federalism reform . The other regulations under domestic law (minimum structural and personal equipment, home supervision , etc.) have now been regulated by all federal states in state laws.

Innovations compared to the previous law

In contrast to the earlier Home Act , the WBVG applies in principle to all types of assisted living; its applicability is based on certain contractual services. The way of living is no longer decisive. The law takes into account the idea of ​​consumer protection by u. a. stipulates the greatest possible transparency in the service area. Comprehensive pre-contractual information obligations for the “ entrepreneurs ” (within the meaning of Section 14 of the German Civil Code) - that is, providers of living space and care and support services - have been standardized by law.

particularities

For residents of facilities according to the WBVG, the possibility of legal incapacity (Section 104 BGB) is greater than in general contract law of the BGB. In the interests of the residents, the WBVG chooses a regulation that deviates from Section 105 BGB ( nullity of contracts). Such contracts with incapacitated persons are temporarily ineffective (like Section 108 BGB for minors from 7 years of age). The legal representative or agent can therefore later approve the contract with retroactive effect or reject it. However, it is considered to continue for services already provided.

literature

  • Otto Dahlem, Dieter Giese, Gerhard Igl : Home law of the federal government and the states , loose-leaf work, Cologne, ISBN 978-3-452-17850-3 .
  • Horst Deinert (Ed.): Heimrecht. Collection of federal and state regulations. Cologne 2012, ISBN 978-3846201329 .
  • Michael Drasdo: The Housing and Care Contract Act. NJW 17/2010, 1174.
  • Michael Drasdo: Home contracts under the Housing and Care Contract Act , NJW Special 10/2011, 289.
  • Uwe Harm: The "home contract" and the approval requirements according to § 1907 BGB ; in: Der deutsche Rechtspfleger 2/2012
  • Sven Höfer: Housing and Care Contract Act: Legal text with justification and practical guide with sample contracts ; Lambertus 2010, ISBN 978-3784119823
  • Sebastian Weber: "Consumer protection" for contracts on living space in connection with care and support services: The Housing and Care Contract Act (WBVG) , NZM 10/2010, 337.
  • Commentary on the WBVG In: Palandt -Weidenkaff: Bürgerliches Gesetzbuch. Commentary on the German Civil Code with subsidiary laws. 70th edition. Munich 2011, ISBN 978-3-406-61000-4 .

Web links