Vomit

vomit is as subjective right the fundamental right to regulate orders over the property or other sellable rights for the entrance of own death and on the other hand also favouring such orders become (too „to inherit “). The term vomit designation in the objective sense also those Legal rules, which are concerned with the transition of the fortune of a person with their death on one or more other persons.

Table of contents

legal situation in Germany

condition requirement

vomit is in kind. 14 GG expressly guarantees. It is however in the Basic Law only mentioned for traditional reasons as in that Weimar realm condition. Contents and thoseBarriers of the hereditary right determine themselves according to the singlelegal regulations. The attesting liberty, which is covered also by the private autonomy , is basiclegally secured, and which vomit the relatives.

civil right

in the civil law book reads the title of the fifth (and the latter) book „vomits “. ThoseMeaning of the hereditary right increased and will in the future substantially increase: Between 2000 and 2010 values at a value of 2.5 trillion euro are to be left. Who inherits, everything inherits - active and liabilities (net assets and debts). That inheritance or the inheriting community becomes after that thatGerman right of controlling principle of the succession in law total legal successor (§ 1922 BGB).

legal succession

is not established a will and no hereditary contract, then the legal succession seizes. It is limited in Germany to private people and knows the treasury as inheriting then only ifno one finds related. The succession personifizierte in Germany is singular in its width in the world (see. only vomit in the USA).

vomit the spouse

spouses compete with the relatives of the first and second order as well as with grandparents of theTestator. The details are represented in the article legal succession. The registered life partner has likewise such vomits (§ 10 LPartG).

household

who the household belonged, can in accordance with § 1969 BGB with the death of the testator up to the thirtieth day after deathGrant of maintenance require. This can include also the use of dwelling and household effects.

costs of the funeral

that inheritance has the costs of the funeral to carry (§ 1968 BGB). The funeral to accomplish has the funeral-requiring (due to the funeral law of the respective Land of the Federal Republic).The legal health insurance companies pay since 1. January 2004 no death benefits for the financing of the funeral more. However the right is entitled to the close member to the dead welfare service, which the selection of kind of funeral and - place as well as the grave organization cover.

order of death because of

the testatorsthe succession also can regulate by will or hereditary contract. Obligation inheriting so mentioned (thus the own descendants) it can enterben however only under close conditions completely. Usually the obligation part is entitled to these .

further one possible contents of an order of death because of

legacy

without someone as inheriting to begin, can favour the testator however persons with a legacy. The legacy is only a contractual requirement, no transfer of title or other order.

edition

an order of death because of, inheriting or legateeobligated to an achievement, edition is called. A complainable requirement as with the legatee does not exist. That, which weighted by omission with the edition is favoured, has a complainable requirement on fulfilment of the edition.

enforcement of the will

of the testators can arrange,that the will will be executed is. The executor administers the deduction. It is entitled to die commitments for the deduction. Further the executor may complain as a party strength of office from rights of the execution of a will. The executor is thereby always the will of the testator, not however thatInstructions that inheriting subjected.

letters of administration

who its position as an inheritance to prove wants, needs letters of administration or an order form as well as the opening minute of the district court, publicly certified of death because of in.

The letters of administration and/or. the opening minute become by the district court (with testamentarySuccession by the judge and issued with legal succession by the right male nurse). The district court is here active as a probate court. In the former right circle of Baden of the country Baden-Wuerttemberg the tasks of the probate court of the national notary's office are noticed (§ 38 LFGG).

special regulations

Erbunwürdigkeit

the legal or gewillkürte succession is impossible, if that is hereditaryunworthy inheritance. Hereditaryunworthily is

  • who the testator deliberately killed or this tried (§§ 211, 212 StGB),
  • who the testator by deception or threat for the establishment of the order of deathbecause of brought or from the abolition prevented,
  • who determined the testator during a last-willing order by threat or deception,
  • who a last-willing order ge or falsified.

For the constitutionality of the Erbunwürdigkeit see BVerfG, judgement of 19.04.05.

acceptance and deflecting

The private autonomy permits it inheriting to also deflect an inheritance to thus do without it. That inheritance knows the inheritance within six weeks, since to who he white that it is inheritance, deflect, if he konkludent not already before, possibly her, assumed. Is thatInheritance by order of death because of appoint, then the period does not begin before announcing the order. The period amounts to six months, if the testator had his last domicile only abroad or if itself that inheritance with the beginning of the period abroadstops. Deflecting takes place via personal explanation opposite the probate court to minutes of the office or via notarial recording. At expiration the inheritance applies for the period as accepted.

inheriting and obligation partial renouncement

used as well as the spouse of the testator can by contract with the testator- thus still before the succession - on their legal vomit do without. The doing without is then excluded from the legal succession, as if it did not live at present the succession any longer; it has also no obligation partial right. The hereditary renouncement can be limited to the obligation partial right. Thosecontracts here mentioned must be notarially recorded.

purchase of the inheritance

the inheritance is property for sale. The sales contract is however to a person, and thus either to the complete inheritance with the sole heir or at inheritance with Miterben bind. The contract requires in accordance with § 2371 BGB of notarial recording. The purchase option stands for the Miterben too (§ 2034 BGB ] ) in the case of sale of a Miterbenanteils.

inheritance-expensively

the Federal law giver a progressive tax arranged. Starting from a free allowance a control item becomes due depending upon height of the inheritance.The more near that inheritance at the testator familiar stands, the smaller is the control item (dreiklassige tax). The tax determines itself according to the death duty law (§§ 15, 19).

literature

  • Rainer franc: Vomit. 2. Edition Munich 2003, ISBN 3406506569
  • the death and funeral right.All laws of the federation and the countries, conditions 1. August 2005
  • Jens Beckert: Undeserved fortune. Sociology of the hereditary right. Campus publishing house, Frankfurt/Main/New York, 2004. ISBN 3593375923
  • Carpenter: Legal questions with a death (paperback)

see also

Tertiogenitur, declaration of death, disappearance, will, Corpse-look, funeral, funeral right, autopsy

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