This assignment is about the natural person in German Civil Law and will first give an quick overview about the BGB and will then explain where the natural person is defined. The following chapter will then describe what and/or who is a legal person and which rights and obligations has a natural person. After that, different obligations and rights in different stages of ages will be explained and substantiate with examples and jurisdictions.
The natural person in antiquity, slaves were fundamentally without rights, they had no rights and were treated as one thing because of the legal system and were not considered in the legal sense as a person. The legal system must therefore make a decision on who owns rights and, in other words, who is to be considered a person. This regulation is made by the legal institution of legal capacity. Legal capacity is the ability to be the bearer of rights and obligations. Legal capacity has natural and legal persons. Many things in terms of natural persons have changed since the antiquity and the German Civil Law came into effect. Changes and actual regulations will be explained in this assignment.
Table of Contents
1. Introduction
1.1. Problem Description and Objectives
1.2. Scope of Work
2. German Civil Code (BGB)
2.1. Definition of German Civil Code
3. Natural Person
3.1. Explanation of Term
3.2. Begin of Legal Capacity
3.3. End of Legal Capacity
4. Capacity to Contract of a Natural Person
4.1. Legally Incompetent
4.2. Minors between 7 and 18 years
4.3. Advantageous Legal Transactions
5. Business inability for mental impairment natural persons
5.1. Impact on Contracts
6. Conclusion
Objectives and Topics
This assignment provides an analytical overview of the legal status of natural persons within the framework of the German Civil Code (BGB), specifically focusing on legal capacity and the capacity to contract at different stages of life or under conditions of mental impairment.
- Legal definition and scope of natural persons in German law.
- Criteria for the beginning and end of legal capacity.
- Distinctions in contractual capacity for minors and legally incompetent individuals.
- Legal consequences of contracts involving mentally impaired persons.
- Examination of advantageous legal transactions under the BGB.
Excerpt from the Book
3.2. Begin of Legal Capacity
Legal capacity begins with the completion of childbirth.7 Completion of childbirth means complete withdrawal from the womb.8 A detachment of the umbilical cord is not required. Likewise, deformities do not preclude legal capacity. However, the child has to live at the completion of the birth. Viability is again not required. It is therefore not contrary to the legal capacity, if the child dies shortly after birth. However, there are also legal exceptions, by which already the Nasciturus (i.e. the unborn person) is legally competent.
The Nasciturus, for example, can possess claims for prenatal injuries only if born alive; and it can inherit This is the case with inheritance according to § 1923 paragraph 2 BGB.
Summary of Chapters
1. Introduction: Outlines the historical context of legal personality and defines the research objectives regarding natural persons in German civil law.
2. German Civil Code (BGB): Provides an overview of the structure, history, and primary books of the German Civil Code as the fundamental basis for private law.
3. Natural Person: Explains the definition, the commencement of legal capacity at birth, and the termination of legal capacity upon death.
4. Capacity to Contract of a Natural Person: Discusses the varying degrees of contractual capacity, specifically addressing the status of minors and legally incompetent persons.
5. Business inability for mental impairment natural persons: Examines the legal status and contractual consequences for individuals suffering from morbid mental disorders.
6. Conclusion: Summarizes the effectiveness of the BGB in regulating the rights and obligations of natural persons in a dynamic legal environment.
Keywords
Natural Person, German Civil Code, BGB, Legal Capacity, Contractual Capacity, Minors, Legal Incompetence, Mental Impairment, Inheritance, Nasciturus, Civil Law, Jurisprudence, Obligations, Right of Inheritance, Protected Interests.
Frequently Asked Questions
What is the primary focus of this academic work?
The assignment focuses on the legal concept of the "natural person" within the German Civil Code, exploring how the law defines capacity, contractual abilities, and limitations based on age or mental health.
What are the core thematic areas discussed?
The core themes include the definition of legal capacity, the stages of contractual capacity (from childhood to adulthood), and the legal protections afforded to individuals with mental impairments.
What is the main research question of this study?
The work aims to explain who is considered a natural person in German law, what rights and obligations they possess, and how the legal system governs their ability to conduct legal transactions.
Which scientific methods are employed?
The assignment uses a doctrinal legal analysis, referencing the German Civil Code (BGB), relevant jurisprudence, and academic commentaries to substantiate the legal status of natural persons.
What content is covered in the main section?
The main section details the BGB structure, the start and end of legal capacity, the legal status of minors in contract law, and the impact of mental disorders on the validity of contracts.
Which keywords characterize this paper?
Key terms include Natural Person, BGB, Legal Capacity, Contractual Capacity, and Mental Impairment.
How is the legal capacity of a child defined if they die shortly after birth?
According to the text, if a child is born alive, they possess legal capacity even if they die shortly thereafter; viability is not a prerequisite for this status.
What happens to a contract if a mentally incapacitated person is involved?
Contracts concluded with legally incapacitated persons are generally void, and the law focuses on protecting the incapacitated party rather than the good faith of the counterparty regarding business ability.
- Citar trabajo
- Fabio Koza (Autor), 2018, Natural Person in German Civil Law, Múnich, GRIN Verlag, https://www.grin.com/document/498323
