EGBGB ENGLISCH PDF
German term or phrase: EGBGB. English translation: Introductory Act to the German Civil Code. Entered by: Kim Metzger. This statute serves to transpose into national law the following directives: 1. Council Directive 76//EEC of 9 February on the implementation of the. 1 Informationspflichten (1) Der Unternehmer ist nach § d Absatz 1 des Bürgerlichen Gesetzbuchs verpflichtet, dem Verbraucher folgende Informationen. .
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Reserve for the law of a Land. For conditions governing use of this translation, please see the information provided under “Translations”.
EGBGB | German to English | Law (general)
First Chapter Entry into force. Second Chapter Private International Law. If the law of another country refers back to German law, the German substantive provisions shall apply.
Failing any such rules, the partial legal system to which the connection of the subject matter is closest shall be applied. If such person is also a German national, that legal status shall prevail. A provision of the law englixch another country shall not be applied where its application would lead to a result which is manifestly incompatible with the fundamental principles of German law.
In particular, inapplicability ensues, if eggbgb application would be incompatible with civil rights. This is also applicable where the capacity to contract is extended by marriage. A declaration of death, the determination of death and of the time of death as well as presumptions of life and death are governed by the law of the country of which the missing person was a national at the latest point in time at which the person was still alive according to the available information.
If the declaration is made subsequent to the conclusion of the marriage, it needs to be publicly evbgb. Declarations made subsequent to the issuing of a birth certificate need to be publicly certified. In a contract concluded between persons who are engliscn the same country, a natural person englischh would have capacity under the substantive provisions of the law of that country may invoke his incapacity resulting from the substantive provisions of another law only if the other party to the contract was englischh or should have been aware of this incapacity at the time of the conclusion of the contract.
This does not apply to legal transactions under family law and the law of succession neither to dispositions relating to immovable property situated in another country. A marriage between two persons engaged to be married, neither of whom is a German national, may however be celebrated before a person properly authorized by the government of the country of which one of the persons engaged to be married is a national, according to the formalities prescribed by the law of that country; a certified copy of the registration of the marriage in the Register of Births, Deaths and Marriages, kept by the person properly authorized therefore, furnishes conclusive evidence of the marriage celebrated in that manner.
The effects of choice of law end if the spouses acquire a shared nationality. If it is not performed englisc the country, it is sufficient if the formal requirements of a marriage contract englich the law chosen or of the place of the choice of law are observed.
Otherwise the equalization of pension rights egbgv husband and engllisch shall be carried out pursuant to German law on application of a spouse, if one of the spouses has acquired during the subsistence of the marriage a pension right with an inland pension fund, insofar as carrying out the equalization of pension rights would not be inconsistent with equity, in particular in light of the economic circumstances of both sides during the entire time of the marriage.
The right to use the marital home that is located in the country and the household goods that are in the country as well as pertaining prohibitions as to trespass, approaching and contact are governed by German substantive law.
The equalization of pension rights is governed by the law applicable under sentence 1; it shall only engliscb carried out if accordingly German law is applicable and if the law of egbgn of the countries, whose nationals the life partners are at the time when the application for termination of the life partnership is filed, recognizes an equalization of pension rights of life partners.
Otherwise, it shall be carried out pursuant to German law on application of a life partner, if one of the life partners has acquired during the subsistence of the life partnership a pension right with an inland pension fund, insofar as carrying out the equalization of pension rights would not be inconsistent with equity, in particular in light of the economic etbgb of both sides during the entire time of the life partnership. Egbbg the mother is married, the descent can also be determined by the law that governs the general effects of the marriage under article 14 subarticle 1 at the time of the birth of the child; if the marriage was dissolved before by death, the relevant time is the time of dissolution.
The descent can be challenged according to any one of the laws that govern its preconditions. The child, in any event, can challenge the descent under the law of his or her habitual residence. The legal relationship between a child and her parents is governed by the law of the country in which the child has her habitual residence. The adoption by one or both spouses is governed by the law which applies to the general effects of the marriage under article 14 subarticle 1.
The adoption by a life partner is governed by the law which applies to the general effects of the life partnership under article 17b subarticle 1 sentence 1. Sentence 1 shall apply mutatis mutandis, if the adoption is based on a foreign decision.
The necessity and the granting of the consent of the child, and of a person who is related to the child under family law, to a declaration of descent, to conferring a name, or to an adoption are additionally governed englisc the law of the country of which the child is a national.
Where the best interest of the child so requires, Gebgb law shall be applied instead. A protector may be appointed pursuant to German law for a foreign national who has his or her habitual residence or, in the absence thereof, his or her residence within the country.
First Subsection Non-Contractual Obligations.
Civil Code / BGB
The injured party can demand that instead of this law, the law of the country in which the injury occurred is to be applied. The option can be used only in the first instance court until the conclusion of the pretrial hearing or until the end of the written preliminary procedure. For companies or firms and other bodies incorporate or unincorporate, the principal establishment, or where a branch is involved, this establishment, shall be treated as the place of the habitual residence.
After the event giving rise to a non-contractual obligation occurred, the parties may agree to submit it to the law of their choice.
Rights of third parties shall not be prejudiced. As to claims arising from adverse impacts that proceed from a plot of land, the provisions of Regulation EC No.
The ranking among several securities follows article 43 subarticle 1. If there is a substantially closer connection with the law of a country other than that which would apply under articles 43 and 45, then that law shall apply.
INTRODUCTORY ACT TO THE CIVIL CODE
L 95 of L of 4. L of 7. L ofp.
L of Where the name is a marital name or a life-partnership name, during the subsistence of the marriage or of the life partnership, only both spouses or life partners may give the declaration. The choice of name shall have retroactive effect from the date of the registration in the register of civil status of the other Member State, unless the person explicitly declares that the choice of name shall be effective for the future only. The declaration must be publicly certified or authenticated.
Article 47 subarticles 1 and 3 shall apply mutatis mutandis. Definition of Statute table of contents Art.