(2) If the child has reached the age of fourteen and if it is not incapable of contracting, it may revoke the consent to the family court before the pronouncement of the adoption takes effect. (2) Before the birth of the child, the mother-to-be may also make the application if the child, if it had already been born, would be under guardianship. If the mother-to-be has limited capacity to contract, she may make the application only without a representative; she does not need the approval of her legal representative for this. For a mother-to-be who is incapable of contracting, only her legal representative may make the application. (2) The parents are to render account of the emoluments of the assets of the child only to the extent that there is reason to assume that they have used the emoluments contrary to the provisions of section 1649.
- 2.��the trader is unable to determine whether the prerequisites set out in no. 1 had been met because the consumer fails to perform an act of cooperation necessary for this purpose that would have been possible for it to perform and the trader intended to deploy technical means to make said determination that would have been least invasive for the consumer.
- (1) The general meeting is to be convened in the cases laid down in the articles of association and when the interests of the association require it.
- 2.��the fact that the consumer has failed to install the update or has installed it incorrectly is not due to the consumer having been supplied with defective installation instructions.
- (2) Household objects belonging to the spouses jointly are allocated between them in accordance with the principles of equity.
- The calculation of the compensation for value is to be based on the remuneration agreed upon.
- In response to the claims set out in sections 861 and 862, a right of possession or to act in disturbance of possession may be asserted only to justify the submission that the deprivation or disturbance of possession does not constitute prohibited interference.
If the trader takes back the thing supplied under the instalment payment transaction, this is deemed an exercise of the right of revocation, unless the trader agrees with the consumer to pay the latter the usual market value of the thing at the time of its removal. Sentence 5 applies accordingly if a contract for the supply of a thing is linked to a consumer credit agreement (section 358 (3)) and if the lender takes the thing; in the case of rescission, the legal relationship between the lender and the consumer is governed by sentences 3 and 4. The right of withdrawal from consumer credit agreements relating to immovable property expires no later than twelve months and fourteen days after the time encumbrance accounting of conclusion of the contract or after the point in time designated in subsection (1), where this is after the time of conclusion of the contract. If a right to recurring acts of performance is tied to the ownership of the plot of land, the mortgage extends to claims to these acts of performance. The provisions of section 1123 (2) sentence 1, section 1124 subsections (1) and (3) and section 1125 apply accordingly.
The conclusion of a contract may not be made contingent on the establishment or submission of a living will. (4) Where appropriate, the custodian is to indicate to the person under custodianship the opportunity of establishing a living will and is to support that person, should they so desire, in establishing a living will. (2) In all cases, a special custodian is to be appointed for the decision on consent to a sterilisation of the person under custodianship.
What is the difference between encumbrance accounting and accrual accounting?
(2) A good with digital elements is free of material defects if, upon devolution of the risk and, with regard to an obligation to provide updates, also during the period defined in subsection (3) no. 2 and subsection (4) no. 2, it conforms to the subjective requirements, the objective requirements, the assembly requirements and the installation requirements. The declaration is not subject to the requirements as to form laid down for the purchase agreement. (2) The buyer of a plot of land bears the costs of the notarial recording of the purchase agreement and of the declaration of conveyance, the registration in the Land Register and the declarations necessary for registration. (3) In derogation from subsection (1) nos. 2 and 3 and subsection (2), claims become statute-barred after the standard limitation period if the seller fraudulently concealed the defect.
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- Limitations and charges of the nature referred to in section 2306 are not taken into consideration when calculating the value.
- (1) If the testator has given their assets or a fraction of their assets to the person provided for, the disposition is to be regarded as the appointment of an heir even if the person provided for is not described as an heir.
- If the purchaser or their successor in title, as a result of the exercise of the right of preemption, loses ownership, the purchaser will be released, to the extent that the purchase price owed by them has not yet been adjusted, from their obligation; they may not demand repayment of the adjusted purchase price.
- Where a thing alienated under section 930 does not belong to the alienor, the acquirer becomes the owner if the thing is delivered to them by the alienor, unless they are not in good faith at this time.
- (3) In the case governed by section 2079, only the person entitled to a compulsory portion is entitled to avoid.
- (2) The articles of association may stipulate that the persons entitled to receive the assets be specified by a resolution of the general meeting or by another organ of the association.
The liquidators are to apply for entry in the register of changes to the liquidators or their power of agency, as well as the termination of the association. The application for registration of the liquidators appointed by resolution of the general meeting is to have attached to it a copy of the resolution so appointing them, and the application for registration of any power of agency determined in derogation from section 48 (3) is to have attached to it a copy of the document containing this provision. (1) Amendments of the articles of association are effective only when entered in the register of associations. A copy of the resolution containing the amendment and of the wording of the articles of association is to be enclosed with the application for registration. When a transaction is entered into with a third party in the name of such an association, the person acting is personally liable; if more than one person acts, then they are liable as joint and several debtors. The assets may not be paid out to the persons entitled to receive the assets until a year has passed after publication of the notice as to the dissolution of the association or the deprivation of legal personality.
(2) If the agreement is to be recorded by a German notary, sections 5 and 16 of the Law on Attestations (Beurkundungsgesetz) apply subject to the proviso that the consumer is to be provided with a certified translation of the agreement in the language chosen by the consumer in accordance subsection (1). If the consumer is a national of another Member State, then instead of the language of the state in which they have their residence, they may alternatively choose the official language or one of the official languages of the state of which they are a national. Sentences 1 and 2 also apply to the pre-contractual information and to the instructions on the right of withdrawal.
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To the extent that the testator is entitled to revoke, they may cancel the contractual disposition by will after the death of the other contractual party. In the cases governed by section 2294, the provision of section 2336 subsections (2) and (3) applies accordingly. A contract of inheritance does not restrict the right of the testator to dispose over their assets by a legal transaction inter vivos.
Why is encumbrance accounting needed?
(4) The compelling reason leading to termination is to be stated in the notice of termination. 1.��In the case governed by section 543 (2) sentence 1 no. 3 (a), the part of the rent in arrears may be considered as not insignificant only if it exceeds the rent for one month. (2) The lessee owes the part of the apportionment allocated to them from the beginning of the second month following the month in which the declaration is made. This presumption does not apply if the lessor demonstrates that a logically understandable, objective reason is given for their conduct in the individual case.
The name affixed to the family name of the spouses or the life partnership name is not deemed to be the family name (section 1355 (4); section 3 (2) of the Act on Registered Life Partnerships (Lebenspartnerschaftsgesetz). (2) Where a spouse adopts the child of their spouse, the relationship is not extinguished in relation to the relatives of the other parent, if the other parent had the parental custody and has died. (1) If the adoptive parents are related by blood or by marriage to the child in the second or third degree, only the relationship of the child and of the child’s descendants to the parents of the child and the rights and duties arising therefrom are extinguished. (4) The adoptive parent has an obligation to pay maintenance before the relatives of the child as soon as the parents of the child have given the necessary consent and the child has been taken into the care of the adoptive parent with the purpose of adoption. If a spouse wishes to adopt a child of their spouse, the spouses have an obligation to the child before the other relatives of the child to pay maintenance as soon as the necessary consent of the parents of the child has been given and the child has been taken into the care of the adoptive parent with the purpose of adoption.
Is encumbrance a debit or credit?
The usufructuary lessor may refuse to continue the lease if the heirs have not declared their objection at the latest three months prior to expiry of the lease and have not notified the usufructuary lessor of the circumstances by reason of which further proper management of the leased property appears ensured. If no agreement can be reached, then the Agricultural Court (Landwirtschaftsgericht) decides on application. (2) For a change of the use to which the leased property had been put thus far, the prior permission of the usufructuary lessor is required only if the nature of the use will be influenced by the change also after the lease period has ended. The usufructuary lessee may only construct buildings with the prior permission of the usufructuary lessor.
