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Provisions related to forced marriage in Germany are found in the 1998 Criminal Code, which addresses the unlawful use of force or threat to cause a person to enter into a marriage at Article 237, with a potential penalty of imprisonment from six months to five years. The same penalty applies to a person who, for the purpose of causing a person to enter into a marriage, transports that person, or causes that person to travel to a territory outside Germany or prevents a person from returning there. Provisions related to forced marriage in Germany are also found in the Civil Code, which addresses marriages concluded under fraudulent misrepresentation of specific circumstances, situations where a spouse entered the marriage in a state of unconsciousness or temporary disturbance, and cases involving illegal threats to enter into marriage, as specified in Article 1314.
There appears to be no legislation in Germany that requires consent to marriage.
There appears to be no legislation in Germany that prohibits servile matrimonial transactions. However, transporting for purpose of marriage is prohibited under Article 237(2) of the 2019 Criminal Code, with a potential penalty of imprisonment from six months to five years.
Although legislation in Germany does not prohibit marriage trafficking as such, it does prohibit threatening of women for marriage, taking abroad for marriage, transporting for practices similar to slavery or marriage. Threatening of women for marriage is prohibited under Section 273 (1) of the Criminal Code 2019, with a potential penalty of imprisonment from six months to five years. Taking abroad for marriage and transportation for practices similar to slavery or marriage is prohibited under Section 273 (2) of the Criminal Code 2019, with a potential penalty of imprisonment from six months to five years.
The minimum age for marriage in Germany is 18, without differentiation by gender, as set out on Article 1303 of the Civil Code. Where marriages are conducted involving a person below the minimum age, the marriage is annullable, as set out on Article 1314 of the Civil Code. Religious or traditional acts that creates a marriage with a person under the age of 18 are prohibited, including participating, initiating, consenting or witnessing such acts, as set out on Article 11 of the Personal Status Act. However, marriages below this age may be permitted. These exceptions are not differentiated by gender, and allow marriages as early as 16, as set out on Article 1303 of the Civil Code.
Western Europe and Others
European Court of Human Rights
Civil
Article 1: Human dignity – Human rights – Legally binding force of basic rights
(1) Human dignity shall be inviolable. To respect and protect it shall be the duty of all state authority.
(2) The German people therefore acknowledge inviolable and inalienable human rights as the basis of every community, of peace and of justice in the world.
(3) The following basic rights shall bind the legislature, the executive and the judiciary as directly applicable law.
Article 2: Personal freedoms
(1) Every person shall have the right to free development of his personality insofar as he does not violate the rights of others or offend against the constitutional order or the moral law.
(2) Every person shall have the right to life and physical integrity. Freedom of the person shall be inviolable. These rights may be interfered with only pursuant to a law.
Article 11: Freedom of movement
(1) All Germans shall have the right to move freely throughout the federal territory.
(2) This right may be restricted only by or pursuant to a law, and only in cases in which the absence of adequate means of support would result in a particular burden for the community, or in which such restriction is necessary to avert an imminent danger to the existence or the free democratic basic order of the Federation or of a Land, to combat the danger of an epidemic, to respond to a grave accident or natural disaster, to protect young persons from serious neglect, or to prevent crime.
Article 12 Occupational freedom
(1) All Germans shall have the right freely to choose their occupation or profession, their place of work and their place of training. The practice of an occupation or profession may be regulated by or pursuant to a law.
(2) No person may be required to perform work of a particular kind except within the framework of a traditional duty of community service that applies generally and equally to all.
(3) Forced labour may be imposed only on persons deprived of their liberty by the judgment of a court.
Article 12a. Compulsory military and alternative civilian service
(1) Men who have attained the age of eighteen may be required to serve in the Armed Forces, in the Federal Border Police, or in a civil defence organisation.
(2) Any person who, on grounds of conscience, refuses to render military service involving the use of arms may be required to perform alternative service. The duration of alternative service shall not exceed that of military service. Details shall be regulated by a law, which shall not interfere with the freedom to make a decision in accordance with the dictates of conscience, and which shall also provide for the possibility of alternative service not connected with units of the Armed Forces or of the Federal Border Police.
(3) Persons liable to compulsory military service who are not called upon to render service pursuant to paragraph (1) or (2) of this Article may,
when a state of defence is in effect, be assigned by or pursuant to a law to employment involving civilian services for defence purposes, including the protection of the civilian population; they may be assigned to public employment only for the purpose of discharging police functions or such other sovereign functions of public administration as can be discharged only by persons employed in the public service. The employment contemplated by the first sentence of this paragraph may include services within the Armed Forces, in the provision of military supplies, or with public administrative authorities; assignments to employment connected with supplying and servicing the civilian population shall be permissible only to meet their basic requirements or to guarantee their safety.
(4) If, during a state of defence, the need for civilian services in the civilian health system or in stationary military hospitals cannot be met on a voluntary basis, women between the age of eighteen and fifty-five may be called upon to render such services by or pursuant to a law. Under no circumstances may they be required to render service involving the use of arms.
(5) Prior to the existence of a state of defence, assignments under paragraph (3) of this Article may be made only if the requirements of paragraph (1) of Article 80a are met. In preparation for the provision of services under paragraph (3) of this Article that demand special knowledge or skills, participation in training courses may be required by or pursuant to a law. In this case the first sentence of this paragraph shall not apply.
(6) If, during a state of defence, the need for workers in the areas specified in the second sentence of paragraph (3) of this Article cannot be met on a voluntary basis, the right of German citizens to abandon their occupation or place of employment may be restricted by or pursuant to a law in order to meet this need. Prior to the existence of a state of defence, the first sentence of paragraph (5) of this Article shall apply mutatis mutandis.
Article 232.Trafficking in human beings
(1) A person shall be punished by imprisonment from six months to five years if he recruits, transports, passes on, harbours or receives another person by exploiting his personal or economic predicament or his helplessness connected with his stay in a foreign country, or if he recruits, transports, passes on, harbours or receives another person under twenty-one years of age, if
(a) in the practice of prostitution or in the commission of sexual acts on or in front of the offender or a third person, or in the acquiescence by the offender or a third person in sexual acts committed on himself or herself
(b) through employment,
(c) in the exercise of begging; or
(d) when that person commits acts which are punishable by law,
Exploitation through employment within the meaning of the first sentence, point 1(b), is present if the employment is carried out for the ruthless pursuit of profit under working conditions which are conspicuously disproportionate to the working conditions of such workers who are in the same or comparable employment (exploitative employment).
(2) Anyone who exploits another person who is to be exploited in the manner described in paragraph 1, first sentence, points 1 to 3, shall be punished by imprisonment from six months to ten years,
(3) In the cases referred to in paragraph 1, a prison sentence of between six months and ten years shall be imposed if 1. the victim is under eighteen years of age at the time of the offence
In the cases referred to in paragraph 2, a prison sentence of between one and ten years is to be imposed if one of the circumstances referred to in sentence 1 numbers 1 to 3 applies.
(4) In the cases of subsections 1, 2 and 3, first sentence, the attempt shall be punishable
Article 232a, Forced prostitution
(1) Anyone who induces another person to stay in a foreign country by exploiting his personal or economic predicament or his helplessness connected with his stay in a foreign country, or anyone who induces another person under twenty-one years of age, shall be punished by imprisonment for a period of between six months and ten years,
(2) The attempt is punishable.
(3) Anyone who induces another person to engage in or continue prostitution or the sexual acts referred to in paragraph 1(2) by force, by threat of a serious offence or by deceit shall be punished by imprisonment for a period of between one and ten years.
(4) In the cases of subsection (1), a prison sentence of between one and ten years and in the cases of subsection (3), a prison sentence of not less than one year shall be imposed if one of the circumstances specified in section 232(3), first sentence, numbers 1 to 3, applies.
(5) In less serious cases of subsection (1) above, a custodial sentence of between three months and five years and, in less serious cases of subsections (3) and (4) above, a custodial sentence of between six months and ten years.
(6) A penalty of imprisonment from three months to five years shall be imposed on anyone who takes part in a person who is a victim of
Article 232(b), Forced labour
(1) Anyone who induces another person to stay in a foreign country by exploiting his personal or economic predicament or his helplessness connected with his stay in a foreign country, or anyone who induces another person under twenty-one years of age, shall be punished by imprisonment for a period of between six months and ten years,
(2) The attempt is punishable.
(3) Anyone who induces another person by force, by threatening a serious offence or by cunning shall be punished by imprisonment from one year to ten years,
(4) Section 232a (4) and (5) shall apply accordingly.
Article 233, Exploitation of the labour force
(1) Anyone who exploits another person by exploiting his or her personal or economic predicament or the helplessness associated with living in a foreign country, or anyone who exploits another person under twenty-one years of age, shall be punished by imprisonment for up to three years or by a fine
(2) A penalty of imprisonment from six months to ten years shall be recognised if
(3) The attempt is punishable.
(4) In less serious cases of subsection 1, the offender shall be punishable by imprisonment for up to two years or a fine; in less serious cases of subsection 2, the offender shall be punishable by imprisonment for between three months and five years.
(5) Anyone who abets an act referred to in paragraph 1(1) shall be punished by imprisonment for up to two years or by a fine by
Sentence 1 shall not apply if the act is already punishable by a more severe penalty under other provisions.
Article 233a Exploitation involving deprivation of liberty
(2) The attempt is punishable.
(3) In the cases referred to in subsection 1, an attempt shall be punishable by imprisonment of between one and ten years if one of the circumstances referred to in section 233(2)(1) to (4) applies.
(4) In less serious cases of subsection 1, a prison sentence of three months to five years, in less serious cases of subsection 3, a prison sentence of six months to ten years shall be imposed
Section 234 Abduction for the purpose of abandonment or facilitating service in foreign military or para-military forces
(1) Whosoever gains physical control of another person by force, threat of serious harm, or deception in order to abandon them in a helpless situation or to introduce them into military or para-military service abroad shall be liable to imprisonment from one to ten years.
(2) In less serious cases the penalty shall be imprisonment from six months to five years.
Section 236 Child trafficking
(1) Whosoever in gross neglect of his duties of care and education leaves his child, ward or foster child under eighteen years of age with another for an indefinite period for material gain or with the intent of enriching himself or a third person shall be liable to imprisonment not exceeding five years or a fine. Whosoever in cases under the 1st sentence above takes the child, ward or foster child into his home for an indefinite period and awards compensation for it shall incur the same penalty.
(2) Whosoever unlawfully
1. procures the adoption of a person under eighteen years of age; or
2. engages in procurement activity with the aim of a third person taking a person under eighteen years of age into his home for an indefinite period,
and acts for consideration or with the intent of enriching himself or a third person shall be liable to imprisonment not exceeding three years or a fine. Whosoever, as an agent for the adoption of a person under eighteen years of age, grants a financial reward to a person in exchange for the required consent to the adoption shall incur the same penalty. If the offender in cases under the 1st sentence above causes the procured person to be brought into Germany or abroad the penalty shall be imprisonment not exceeding five years or a fine.
(3) The attempt shall be punishable.
(4) The penalty shall be imprisonment from six months to ten years if the offender
1. seeks profit or acts on a commercial basis or as a member of a gang whose purpose is the continued commission of child trafficking or
2. by the act places the child or the procured person in danger of a substantial impairment of his physical or mental development.
(5) The court may in its discretion mitigate the sentence (section 49(2)) for accomplices in cases under subsections (1) and (3) above and for secondary participants in cases under subsections (2) and (3) above, or order a discharge under subsections (1) to (3), if their guilt, taking into consideration the physical or mental welfare of the child or the procured person, is of a minor nature.
Section 237 Forced marriage
(1) Whosoever unlawfully with force or threat of serious harm causes a person to enter into a marriage shall be liable to imprisonment from six months to five years. The act shall be
unlawful if the use of force or the threat of harm is deemed inappropriate for the purpose of achieving the desired outcome.
(2) The same penalty shall apply to a person who, for the purposes of committing an offence under subsection (1) above, with force or threat of serious harm or through deception, transports that person, or causes that person to travel, to a territory outside the Federal Republic of Germany, or prevents that person from returning from there.
(3) The attempt shall be punishable.
(4) In less serious cases the penalty shall be imprisonment not exceeding three years or a fine.
Section 239: Unlawful imprisonment
(1) Whosoever imprisons a person or otherwise deprives him of his freedom shall be liable to imprisonment not exceeding five years or a fine.
(2) The attempt shall be punishable.
(3) The penalty shall be imprisonment from one to ten years if the offender
(4) If by the offence or an act committed during the offence the offender causes the death of the victim the penalty shall be imprisonment of not less than three years.
(5) In less serious cases under subsection (3) above the penalty shall be imprisonment from six months to five years, in less serious cases under subsection (4) above imprisonment from one to ten years.
Section 240: Using threats or force to cause a person to do, suffer or omit an act
(1) Whosoever unlawfully with force or threat of serious harm causes a person to commit, suffer or omit an act shall be liable to imprisonment not exceeding three years or a fine.
(2) The act shall be unlawful if the use of force or the threat of harm is deemed inappropriate
for the purpose of achieving the desired outcome.
(3) The attempt shall be punishable.
(4) In especially serious cases the penalty shall be imprisonment from six months to five
years. An especially serious case typically occurs if the offender
3. abuses his powers or position as a public official.
Part 2: Crimes against International Law
Chapter 1: Genocide and crimes against humanity
Section 7: Crimes against humanity
(1) Whoever, as part of a widespread or systematic attack directed against any civilian population,
shall be punished with imprisonment for not less than five years.
Section 8: War crimes against persons
(1) Whoever in connection with an international armed conflict or with an armed conflict not of an international character,
(4) sexually coerces, rapes, forces into prostitution or deprives a person who is to be protected under international humanitarian law of his or her reproductive capacity, or confines a woman forcibly made pregnant with the intent of affecting the ethnic composition of any population,
shall be punished with imprisonment for not less than three years.
Section 237 Forced marriage
(1) Whosoever unlawfully with force or threat of serious harm causes a person to enter into a marriage shall be liable to imprisonment from six months to five years. The act shall be
unlawful if the use of force or the threat of harm is deemed inappropriate for the purpose of achieving the desired outcome.
(2) The same penalty shall apply to a person who, for the purposes of committing an offence under subsection (1) above, with force or threat of serious harm or through deception, transports that person, or causes that person to travel, to a territory outside the Federal Republic of Germany, or prevents that person from returning from there.
(3) The attempt shall be punishable.
(4) In less serious cases the penalty shall be imprisonment not exceeding three years or a fine.
Section 240: Using threats or force to cause a person to do, suffer or omit an act
(1) Whosoever unlawfully with force or threat of serious harm causes a person to commit, suffer or omit an act shall be liable to imprisonment not exceeding three years or a fine.
(2) The act shall be unlawful if the use of force or the threat of harm is deemed inappropriate for the purpose of achieving the desired outcome.
(3) The attempt shall be punishable.
(4) In especially serious cases the penalty shall be imprisonment from six months to five years. An especially serious case typically occurs if the offender
Section 170 Breach of maintenance obligation
(1) Whoever evades a statutory maintenance obligation so that the necessities of life of the person entitled to maintenance are endangered or would be endangered without the assistance of others incurs a penalty of imprisonment for a term not exceeding three years or a fine.
(2) Whoever is obliged to pay maintenance to a pregnant woman and reprehensibly withholds this maintenance, thereby causing a termination of the pregnancy, incurs a penalty of imprisonment for a term not exceeding five years or a fine.
Section 174 Sexual abuse of persons in one’s charge
(1) Whoever performs sexual acts
(2) Whoever is entrusted with the upbringing, education or care of persons under 18 years of age in an institution specified for this purpose and who 1. performs sexual acts on a person under 16 years of age who has a legal relationship with the institution which serves this person’s upbringing, education or care, or who has that person perform sexual acts on them or 2. exploits their position in order to perform sexual acts on a person under 18 years of age who has a legal relationship with the institution which serves this person’s upbringing, education or care, or who has that person perform sexual acts on them incurs a penalty of imprisonment for a term of between three months and five years.
(3) Whoever, under the conditions of subsection (1) or (2), 1. performs sexual acts in the presence of the person in their charge or 2. causes the person in their charge to perform sexual acts in their presence for the purpose of their own sexual arousal or that of the person in their charge incurs a penalty of imprisonment for a term not exceeding three years or a fine.
(4) The attempt is punishable.
(5) In the cases under subsection (1) no. 1, subsection (2) no. 1 or subsection (3) in conjunction with subsection (1) no. 1 or with subsection (2) no. 1, the court may dispense with imposing a penalty pursuant to this provision if the wrongfulness of the act is minor.
Section 181a Pimping
(1) Whoever
and to that end maintains a general relationship with the person beyond a particular occasion, incurs a penalty of imprisonment for a term of between six months and five years.
(2) Whoever undermines another person’s personal or financial independence by promoting, on a commercial basis, that person’s exercise of prostitution by procuring sexual relations, and to that end maintains a general relationship with the person beyond a particular occasion, incurs a penalty of imprisonment for a term not exceeding three years or a fine.
(3) Whoever commits the offences referred to in subsection (1) nos. 1 and 2 or promotes the activities referred to in subsection (2) in relation to their spouse or life partner incurs the penalty indicated in subsections (1) and (2).
Section 237 Forced marriage
(1) Whoever unlawfully, by force or threat of serious harm causes a person to enter into a marriage incurs a penalty of imprisonment for a term of between six months and five years. The act is unlawful if the use of force or the threat of harm is deemed reprehensible in respect of the desired objective.
(2) Whoever, for the purposes of committing an offence under subsection (1), by force or threat of serious harm or through deception takes that person or causes that person to travel to a territory outside the territorial scope of this statute or prevents that person from returning from there incurs the same penalty.
(3) The attempt is punishable.
(4) In less serious cases, the penalty is imprisonment for a term not exceeding three years or a fine.
Section 247 Theft from relatives or persons living in same household
If a relative, the guardian or the carer of the offender is the victim of the theft or if the victim lives in the same household as the offender, the offence is prosecuted only upon request.
§ 8 Residence not fully competent
Anyone who is legally incapable or limited in their legal capacity can without the will of their legal Representative neither establish nor annul a residence
Section 207 Suspension of the statute of limitations for family and similar reasons
(1) The statute of limitations for claims between spouses is suspended as long as the marriage exists. The same goes for
for claims between
The statute of limitations for claims of the child against the assistance is for the duration of the assistance inhibited.
(2) Section 208 remains unaffected
Section 1298 Compensation for withdrawal
(1) If a betrothed resigns from the engagement, he has the other betrothed and his parents as well to compensate third parties who acted instead of the parents for the damage that resulted from it is that they incurred expenses or incurred liabilities in anticipation of the marriage. Dem He also has to reimburse other fiancées for the damage suffered by them in anticipation of the Before taking any other measures affecting his property or employment.
(2) The damage is only to be reimbursed insofar as the expenses, the incurrence of liabilities and the other measures were appropriate under the circumstances.
(3) The obligation to pay compensation does not apply if there is an important reason for the withdrawal.
§ 1299 Withdrawal due to the fault of the other party
If a fiancé induces the resignation of the other through a fault that is an important reason for the Withdrawal forms, he is obliged to pay damages in accordance with § 1298 Paragraph 1, 2.
Section 1301 return of gifts
If the marriage does not take place, each fiancé can hand over what he gives to the other has given or given as a sign of engagement, according to the regulations on the surrender of a Demand unjust enrichment. In case of doubt, it can be assumed that reclaiming is excluded should be if the engagement is dissolved by the death of one of the betrothed.
Section 1303 Marriage
A marriage may not be entered into before the age of majority. With a person who is 16 years of age a marriage cannot be effectively entered into
§ 1310 Competence of the registrar, healing of faulty marriages
(1) The marriage is only entered into by the fact that the couple declare in front of the registrar that To want to enter into marriage. The registrar is not allowed to participate in the marriage refuse if the conditions for marriage are met. The registrar needs his cooperation refuse if
(2) A registrar is also someone who, without being a registrar, publicly holds the office of a registrar exercised and entered the marriage in the marriage register.
(3) A marriage is also deemed to have been concluded if the spouses have declared that they are to enter into marriage with one another want, and
Spouse has entered a reference to the marriage in the birth register or
an existing marriage presupposes, has accepted and the spouse has an in
Legal certification has been issued and the spouses since then ten years or until the death of one of the spouses, but at least five years, as Spouses have lived together.
Section 1314 Reasons for Cancellation
(1) A marriage can be annulled if it
(2) A marriage can also be annulled if
Section 1315 Exclusion of repeal
(1) Annulment of the marriage is excluded
The confirmation of an incapacitated person is invalid.
(2) Annulment of the marriage is also excluded
previous marriage or the dissolution of the civil partnership is pronounced and this saying after the conclusion of the new marriage becomes final;
Section 1316 Eligibility to apply
(1) Eligible to apply
2 No. 1 and 5 each spouse, the competent administrative authority and, in the cases of Section 1306, also the third person. The competent administrative authority is established by ordinance of the state governments certainly. The state governments can grant the authorization pursuant to sentence 2 by means of a statutory instrument transferred to the competent highest state authorities;
(2) The application for a legally incompetent spouse can only be made by their legal representative will. In the event of a violation of Section 1303 Sentence 1, a minor spouse can only submit the application themselves;
he does not need the consent of his legal representative.
(3) In the event of a violation of Sections 1304, 1306, 1307 and in the cases of Section 1314 Paragraph 2 No. 1 and 5, the competent administrative authority submit the application, if not annulment of the marriage for one spouse or would be so severe a hardship for the children born of the marriage that the Maintaining the marriage appears advisable as an exception. In the event of a violation of Section 1303 Sentence 1, the Submit the application to the competent authority, unless the minor spouse is of legal age in the meantime and has indicated that he wants to continue the marriage.
§ 1317 application deadline
(1) In the cases of § 1314 paragraph 2 numbers 2 and 3, the application can only be submitted within one year, in the case of Section 1314 (2) number 4 can only be submitted within three years. The period begins with the discovery of the Error or deception or cessation of predicament; for the legal representative one However, the period does not begin before the spouse who is incapable of contracting Circumstances justifying the start of the period become known. Sections 206, 210 (1) sentence 1 apply to the course of the period apply accordingly.
(2) If the legal representative of a legally incompetent spouse has not submitted the application in good time, so the spouse can submit the application himself / herself within six months of the cessation of legal incapacity put.
(3) If the marriage has already been dissolved, the application can no longer be made.
Section 1353 Marital partnership
(1) The marriage is concluded for life by two persons of different or same sex. The Spouses are obliged to have a marital partnership with each other; they are responsible for one another.
(2) A spouse is not obliged to meet the request of the other spouse to establish community To obey if the request is an abuse of his right or if the marriage has failed is
Section 1356 Housekeeping, Employment
(1) The spouses regulate the housekeeping by mutual agreement. Housekeeping is one left by the spouse, they manage the household on their own responsibility.
(2) Both spouses are entitled to be gainfully employed. When choosing and exercising gainful employment they have to give due consideration to the needs of the other spouse and the family
§ 1357 business to cover the necessities of life
(1) Each spouse is entitled to do business to adequately cover the family’s needs To get effect for the other spouse. Through such business, both spouses become entitled and obliged, unless the circumstances indicate otherwise.
(2) One spouse can authorize the other spouse to conduct business with effect for him, limit or exclude; there is no sufficient limit or exclusion Reason, the family court has to revoke it on application. The restriction or Exclusion only in accordance with § 1412.
(3) Paragraph 1 does not apply if the spouses live separately.
Section 1359 Scope of the duty of care
The spouses have to fulfill the obligations arising from the marital relationship to vouch for each other only for the care that they usually apply in their own affairs.
Section 1360 Obligation to maintain a family
The spouses are obliged to each other to adequately care for the family through their work and property to chat. If a spouse is left to run the household, he fulfills his obligation through work Contribute to the maintenance of the family, usually by running the household
Section 1361 alimony if separated
(1) If the spouses live separately, one spouse can differ from the other according to their living conditions and demand maintenance commensurate with the income and financial situation of the spouses; For Expenses as a result of bodily harm or damage to health apply § 1610a. Is separated between the living spouses pending divorce proceedings, the maintenance from the beginning of the Lis pendens to also the cost of adequate insurance in case of old age as well as the reduced ability to work.
(2) The spouse who is not gainfully employed can only be referred to his maintenance by a Earning gainful employment yourself, if this from him according to his personal circumstances, in particular because of previous employment, taking into account the duration of the marriage, and according to the economic Relationships between both spouses can be expected.
(3) The provision of § 1579 No. 2 to 8 on the restriction or refusal of maintenance due to gross Inequity applies accordingly.
(4) Current maintenance is to be granted by paying a cash pension. The pension is monthly in advance to pay. The obligated person owes the full monthly amount even if the entitled person during the Month dies. Section 1360a Paragraphs 3, 4 and Sections 1360b, 1605 shall apply accordingly.
Section 1361a Distribution of household items when living separately
(1) If the spouses live separately, each of them can take away the household items belonging to him from the to surrender to other spouses. However, he is obliged to allow the other spouse to use them leave to the extent that he needs them to run a separate household and the release according to the Circumstances of the case of equity.
(2) Household items that belong together to the spouses are between them according to the Principles of equity distributed.
(3) If the spouses cannot come to an agreement, the competent court shall decide. This can be a set reasonable remuneration for the use of household items.
(4) The ownership structure remains unaffected, unless the spouses agree otherwise.
Section 1361b Marital home in the case of separated lives
(1) If the spouses live separately from one another or if one of them wishes to live separately, one spouse may demand that the other leave him the married home or part of it for his sole use, provided that this is also necessary, taking into account the interests of the other spouse, in order to avoid undue hardship to avoid. Unreasonable hardship can also exist if the welfare of those living in the household Children is impaired. If a spouse alone or jointly with a third party owns the property that Heritable building right or usufruct on the property on which the married home is located, so this is to be especially considered; The same applies to home ownership, permanent residence rights and that real right of residence.
(2) If the spouse against whom the application is directed has the other spouse unlawfully and willfully injured to the body, health or freedom or with such an injury or the violation of If life is unlawfully threatened, the entire apartment is generally to be left for sole use. The right to rent the apartment is only excluded if there are no further violations and unlawful threats, unless the injured spouse is further Living together with the other is unreasonable due to the seriousness of the act.
(3) If a spouse has been given all or part of the marital home, the other is entitled to everything refrain from doing anything that would make it difficult or impossible to exercise this right of use. He can demand remuneration for the use from the spouse entitled to use, as far as this is fair corresponds
4) After the separation of the spouses within the meaning of Section 1567 (1), is a spouse from the marital home moved out and he has serious intentions to return within six months of moving out If not stated to other spouses, it is irrefutably presumed that he is the one in the married home has left the sole right of use to the remaining spouses.
Section 1363 Community of Profits
(1) The spouses live in the property regime of the community of gains if they do not do something by marriage contractagree otherwise.
(2) The respective property of the spouses does not become their joint property; This also applies toAssets that a spouse acquires after the marriage. The gain that the spouses have in marriage however, it will be offset when the community of gains ends
Section 1408 marriage contract, freedom of contract
(1) The spouses can regulate their matrimonial property relationships by contract (marriage contract), in particular cancel or change the property regime even after the marriage is entered into.
(2) If the spouses conclude agreements on pension equalization in a marriage contract, so are insofar §§ 6 and 8 of the Pension Equalization Act apply.
§ 1414 Entry of the separation of property
If the spouses exclude or cancel the statutory matrimonial property regime, the property is separated, unless otherwise stipulated in the marriage contract. The same applies when offsetting the gain excluded or the community of property is canceled.
Section 1415 Agreement by marriage contract
If the spouses agree community of property by marriage contract, the following provisions apply.
Section 1519 Agreement by marriage contract
If the spouses agree on the property regime of the electoral gain community by marriage contract, then apply the provisions of the agreement of February 4, 2010 between the Federal Republic of Germany and the French Republic on the property regime of the electoral gain community. § 1368 applies accordingly. § 1412 does not apply.
Section 1564 Divorce by judicial decision
A marriage can only be divorced by a judicial decision at the request of one or both spouses. The marriage is dissolved when the decision becomes final. The conditions under which the divorce can be coveted result from the following regulations.
Section 1565 Failure of Marriage
(1) A marriage can be divorced if it has failed. The marriage failed when the The cohabitation of the spouses no longer exists and it cannot be expected that the spouses will restore.
(2) If the spouses have not been separated for a year, the marriage can only be divorced if the Continuation of the marriage for the applicant for reasons inherent in the person of the other spouse would represent unreasonable hardship.
Section 1566 Presumption of Failure
(1) It is irrefutably presumed that the marriage has failed if the spouses have been separated for a year live and both spouses apply for divorce or the respondent consents to the divorce.
(2) It is irrefutably presumed that the marriage has failed if the spouses have been separated for three years Life.
Section 1567 Living Separately
(1) The spouses live separately if there is no domestic community between them and there is one spouse obviously does not want to establish it because he rejects the conjugal union. The domestic community no longer exists even if the spouses live separately within the marital home.
(2) A cohabitation for a short period of time, which is intended to serve the reconciliation of the spouses, interrupts or does not inhibit the deadlines specified in § 1566.
Section 1568 hardship clause
(1) The marriage should not be divorced, although it has failed, if and for as long as it is maintained the marriage in the interest of the minor children resulting from the marriage for special reasons exceptionally necessary or if and for as long as the divorce is for the defendant who rejects it Exceptional circumstances would constitute such severe hardship that maintaining the marriage appears advisable as an exception, taking into account the interests of the applicant.
(2) (dropped out)
Section 1568a Marital Home
(1) One spouse can request that the other spouse give him / her the marital home on the occasion of the divorce leaves if he is on their use, taking into account the well-being of the children living in the household and the living conditions of the spouse is more dependent than the other spouse or the Transfer for other reasons is equitable.
(2) Is one of the spouses alone or jointly with a third party owner of the property on which the marital home is located or a spouse has a usufruct alone or jointly with a third party, the heritable building right or a real right to live on the property, the other spouse can the Only request release if this is necessary in order to avoid undue hardship. The same applies accordingly for home ownership and permanent residence rights.
(3) The spouse to whom the apartment is left steps in
(4) A spouse can establish a tenancy agreement for an apartment that the spouses are based on a service or employment relationship that exists between one of them and a third party only request if the third party agrees or if this is necessary to avoid severe hardship.
(5) If there is no tenancy over the marital home, both the spouse and the entitlement to their The transfer, as well as the person authorized to rent, is entitled to establish a rental relationship demand local conditions. Under the conditions of Section 575 (1) or if the justification an unlimited tenancy is unreasonable, taking into account the legitimate interests of the landlord t he landlord can demand an appropriate time limit for the tenancy. Come to an agreement the amount of the rent does not materialize, the landlord can pay a reasonable rent, in case of doubt the usual local rent Compare rent.
(6) In the cases of paragraphs 3 and 5, the entitlement to enter into a tenancy or to his lease expires Justification one year after the final decision in the divorce case has become final, if not before has been pending.
Section 1568b household items
(1) Each spouse can request that the other spouse give him / her on the occasion of the divorce Leaves property owned household items and assigns them if he is on their use under Consideration of the well-being of the children living in the household and the living conditions of the spouses in is more dependent than the other spouse or this is fair for other reasons.
(2) Household items that were purchased during the marriage for the common household apply to the distribution as joint property of the spouses, unless the sole property of one spouse is available firmly.
(3) The spouse who transfers his property in accordance with paragraph 1 may receive an appropriate compensation payment desire.
Section 1626 Parental Care, Principles
(1) The parents have the duty and the right to care for the minor child (parental custody). The Parental custody includes custody of the child (personal custody) and the child’s property (Asset care).
(2) In care and upbringing, parents take into account the growing ability and the growing The child’s need to act independently and responsibly. You discuss with the child As far as it is appropriate according to the level of development, questions of parental care and strive for mutual agreement on.
(3) As a rule, the best interests of the child include dealing with both parents. The same applies to handling with other persons with whom the child has ties, if their maintenance for his development is beneficial.
Section 1684 Contact of the child with the parents
(1) The child has the right to have contact with each parent; each parent is responsible for dealing with the child obliged and entitled.
(2) The parents must refrain from anything that affects the relationship between the child and the other parent impaired or difficult to bring up. The same applies if the child is in the care of someone else Person is located.
(3) The family court can decide on the scope of the right of access and its exercise, too towards third parties. The parties involved can be ordered to fulfill the requirements set out in paragraph 2 stop the regular duty. If the obligation according to paragraph 2 is violated permanently or repeatedly and significantly, can the family court also order a guardianship for the conduct of the contact (intercommunal guardianship). The custody includes the right to surrender the child to carry out contact request and to determine his stay for the duration of the contact. The order is to be limited in time. For the reimbursement of expenses and the remuneration of the social worker, Section 277 of the Act on the Procedures in family matters and in matters of voluntary jurisdiction accordingly.
(4) The family court can exercise the right of access or the enforcement of previous decisions on the Restrict or exclude the right of access if this is necessary for the best interests of the child. A Decision that restricts the right of access or its enforcement for a longer period of time or permanently or excludes, can only be issued if otherwise the best interests of the child would be endangered. The family court can in particular, order that the handling may only take place if a third party willing to cooperate is present is. Third parties can also be a youth welfare organization or an association; this then determines which one Individual performing the task.
Section 1931 Statutory inheritance law of the spouse
(1) One fourth of the surviving spouse of the testator is next to relatives of the first order Second-order relatives or grandparents next to half of the inheritance as the legal heir. If grandparents meet descendants of grandparents, the spouse also receives from the other Half of the share that would go to the descendants under Section 1926.
(2) If there are neither relatives of the first or second order nor grandparents, the surviving spouse the whole inheritance.
(3) The provision of § 1371 remains unaffected.
(4) Existence of separation of property in the case of inheritance and are a legal heir alongside the surviving spouse or two children of the testator are appointed, the surviving spouse and each child inherit in equal parts; § 1924 para. 3 also applies in this case.
§ 11 Competence and registry office reservation
(1) Every German registry office is responsible for the marriage.
(2) A religious or traditional act aimed at establishing a lasting effect comparable to marriage Establish a bond between two people, one of whom has not yet reached the age of 18 forbidden. The same goes for the conclusion of a contract, according to the traditional or religious The ideas of the partners take the place of marriage. The prohibitions are directed against persons who
Section 70 Administrative fines
(1) An administrative offense is committed by anyone who, contrary to Section 11 (2), also in conjunction with Section 17 (1), one of the specified there Commits an act or concludes a contract named there.
(2) An administrative offense is committed by anyone who willfully or negligently
(3) The administrative offense can in the cases of paragraph 1 with a fine of up to five thousand euros and in the other cases are punishable by a fine of up to one thousand euros.