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 Key Themes
This assignment aims to explore the concept of the natural person within the framework of German Civil Law (Bürgerliches Gesetzbuch or BGB). It begins by providing a concise overview of the BGB itself and then delves into the definition and legal implications of natural persons under this legal system. The key focus is on the rights, obligations, and capacity to contract of natural persons at various life stages, supported by relevant examples and legal precedents.
- Definition and legal standing of natural persons under German Civil Law.
- The evolution of legal capacity for natural persons, from antiquity to the modern BGB.
- Capacity to contract at different ages and under different circumstances.
- The impact of mental impairment on business capacity.
- The historical context and development of the BGB.
Chapter Summaries
1. Introduction: This introductory chapter sets the stage by examining the historical context of legal personhood, highlighting the stark contrast between the lack of rights afforded to individuals in antiquity and the modern legal framework established by the BGB. It outlines the assignment's objectives, which center on understanding the legal capacity of natural persons under German Civil Law and exploring the nuances of their rights and obligations within different life stages.
2. German Civil Code (BGB): This chapter provides a foundational overview of the German Civil Code (BGB), explaining its role as the cornerstone of German general private law. It details the BGB's historical development, its entry into force in 1900, and its subsequent amendments. The chapter also outlines the five books of the BGB and their respective areas of coverage, emphasizing the importance of the BGB in shaping legal relationships between individuals.
3. Natural Person: This chapter focuses on defining and explaining the concept of a "natural person" within the context of the BGB. It delves into the beginning and end of legal capacity, laying the groundwork for understanding the varying legal standing of individuals throughout their lives. This establishes the core subject of the paper, providing the necessary legal definitions and setting the stage for subsequent discussion on capacity to contract and other legal aspects.
4. Capacity to Contract of a Natural Person: This chapter analyzes the capacity of natural persons to enter into legally binding contracts. It differentiates between legally incompetent individuals, minors (aged 7-18), and those capable of making advantageous legal transactions. This analysis highlights the complexities involved in determining contractual capacity based on age and mental competency, providing a framework for understanding the legal protections afforded to vulnerable populations and the responsibilities of those with full contractual capacity.
5. Business inability for mental impairment natural persons: This chapter explores the legal implications of mental impairment on a natural person's business capacity. It examines how mental incapacity affects the validity and enforceability of contracts and other business transactions. This section delves into a significant aspect of legal capacity, focusing on the protective measures in place for individuals lacking the mental capacity to manage their affairs, ensuring their rights are protected within the framework of business interactions.
Keywords
German Civil Code (BGB), Natural Person, Legal Capacity, Contractual Capacity, Legal Person, Minors, Mental Impairment, Legal Transactions, Obligations, Rights.
FAQ: Comprehensive Language Preview of German Civil Law and Natural Persons
What is the overall topic of this document?
This document provides a comprehensive preview of a text exploring the concept of the natural person within the framework of German Civil Law (Bürgerliches Gesetzbuch or BGB). It covers the definition and legal implications of natural persons, their capacity to contract at various life stages, and the impact of mental impairment on their business capacity.
What topics are covered in the Table of Contents?
The table of contents includes an introduction, an overview of the German Civil Code (BGB), a detailed explanation of natural persons, their capacity to contract, the impact of mental impairment on business capacity, and a conclusion. Each main topic is further broken down into subtopics.
What are the main objectives and key themes?
The main objectives are to define and explain the legal standing of natural persons under German Civil Law, trace the evolution of their legal capacity, analyze their capacity to contract at different ages and circumstances, and assess the impact of mental impairment on business capacity. Key themes include the historical context of the BGB and its influence on the legal rights and obligations of natural persons.
What does each chapter summarize?
The chapter summaries provide an overview of the content of each chapter. Chapter 1 introduces the historical context and objectives. Chapter 2 provides an overview of the BGB. Chapter 3 defines "natural person" under the BGB. Chapter 4 analyzes the capacity of natural persons to contract. Chapter 5 explores the impact of mental impairment on business capacity.
What are the key words associated with this document?
The key words are: German Civil Code (BGB), Natural Person, Legal Capacity, Contractual Capacity, Legal Person, Minors, Mental Impairment, Legal Transactions, Obligations, Rights.
What is the German Civil Code (BGB) and its relevance to this document?
The German Civil Code (BGB) is the cornerstone of German general private law. This document uses the BGB as the legal framework for understanding the rights and obligations of natural persons within German law.
How does this document define a "natural person"?
The document defines a "natural person" within the context of the BGB, explaining its legal implications and how it differs from a legal person. It also examines the beginning and end of legal capacity for natural persons.
What aspects of contractual capacity are discussed?
The document discusses the capacity of natural persons to enter into contracts, differentiating between legally incompetent individuals, minors (7-18 years old), and those capable of making advantageous legal transactions. It highlights the complexities of determining contractual capacity based on age and mental competency.
How does mental impairment affect business capacity?
The document explores the legal implications of mental impairment on a natural person's business capacity, focusing on how it affects the validity and enforceability of contracts and other business transactions. It also discusses protective measures for individuals lacking the mental capacity to manage their affairs.
What is the intended audience of this document?
The intended audience is likely students or researchers focusing on German Civil Law, specifically those interested in the legal capacity and rights of natural persons. The document's structured and professional manner suggests an academic context.
- Quote paper
- Fabio Koza (Author), 2018, Natural Person in German Civil Law, Munich, GRIN Verlag, https://www.grin.com/document/498323
