English by default, it has the built-in capability to be used in any language. The WordPress community has already translated WordPress into many languages, and there are Themes, translation files, and support available in many other languages see WordPress in Your Language. As of version 4.
WordPress will download them and switch the admin back-end to that language. If you make an error in the steps or you do not specify the correct language, WordPress will default back to English. The submission may be submitted to the court in the original or in a publicly-certified copy. A copy of the entries may be required; on request, the copy must be certified. If the register of associations is kept by computer, the copy is replaced by a print-out and the certified copy by an official print-out.
The competent agency must verify e.
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The agency with local jurisdiction is the Land justice administration authority within whose portfolio the competent local court [Amtsgericht] falls. This provision on jurisdiction may be varied by statutory order of the Land government. The Land government may transfer this authorisation to the Land justice administration authority by statutory order. In the case of a foundation which is established for a specific period the assets of which are to be depleted in pursuing its purpose principal-depleting foundation , the ongoing performance of the object of the foundation is to be deemed secured if the foundation is to exist for a period defined in the endowment transaction which is at least ten years.
The same applies with the necessary modifications to foundations which Land legislation treats as equivalent to church foundations. It must contain the binding declaration by the founder that he will dedicate assets, which may also be intended for depletion, to achieve an object specified by himself.
The endowment transaction must give the foundation a charter with provisions on. If an application has been made for recognition by the competent public authority, the revocation may be declared only to that public authority. The heir of the founder is not entitled to revoke the endowment transaction if the founder made the application to the competent public authority, or, if the endowment transaction was notarially recorded, the founder, at or after the notarial recording, instructed the notary to make the application.
If the foundation is recognised as having legal personality, the founder has a duty to transfer to the foundation the assets promised in the endowment transaction. Rights that can be transferred by contract of transfer pass to the foundation on recognition, unless the endowment transaction indicates that the founder intended otherwise. If the endowment transaction is a testamentary disposition, the probate court must inform the competent public authority of this for the purpose of recognition, unless application is made by the heir or the executor.
The seat of a foundation, unless otherwise provided, is the place where the management is carried out. In case of doubt, the last residence of the founder within the country is deemed the seat. If the foundation is recognised as having legal personality only after the death of the founder, then for the purpose of the endowment payments made by the founder it is deemed to have come into existence before his death. The constitution of a foundation, to the extent that it is not based on federal or Land legislation, is determined by the endowment transaction.
The public authority may amend the constitution of the foundation to the extent that the alteration of the objects requires this. When the foundation ceases to exist, the property devolves on the persons specified in the constitution. If no persons entitled are specified, the property devolves on the treasury of the Land in which the foundation had its seat, or on another person entitled to receive under the law of this Land.
Subtitle 3 Legal persons under public law. Division 2 Things and animals. Animals are not things.
They are protected by special statutes. They are governed by the provisions that apply to things, with the necessary modifications, except insofar as otherwise provided. Fungible things as defined by law are movable things that in business dealings are customarily specified by number, measure or weight.
Parts of a thing that cannot be separated without one or the other being destroyed or undergoing a change of nature essential parts cannot be the subject of separate rights. Seed becomes an essential part of the plot of land when it is sown, and a plant when it is planted. The same applies to a building or other structure that is connected with a plot of land belonging to another by a person exercising a right over that land.
Rights that are connected with the ownership of a plot of land are regarded as parts of the plot of land. A thing is not an accessory if it is not regarded as an accessory in business dealings. The temporary separation of an accessory from the main thing does not deprive it of the quality of an accessory. Emoluments are the fruits of a thing or of a right and the benefits that the use of the thing or the right affords. If a person is entitled to receive the fruits of a thing or of a right until a particular time or from a particular time on, he is entitled to the following, unless otherwise provided:.
A person who has a duty to hand over fruits may claim reimbursement of the costs of producing the fruits to the extent that they reflect proper business practices and do not exceed the value of the fruits. A person who has a duty to bear the charges on a thing or a right until a specified time or from a specified time on must, unless otherwise provided, bear the periodically recurring charges in the proportion of the period of time of his duty, and bear other charges to the extent that they are payable during the period of time in which he has the duty.
Division 3 Legal transactions. Title 1 Capacity to contract. If a person of full age incapable of contracting enters into an everyday transaction that can be effected with funds of low value, the contract he enters into is regarded as effective with regard to performance and, if agreed, consideration, as soon as performance has been effected and consideration rendered. Sentence 1 above does not apply in the case of considerable danger to the person or the property of the person incapable of contracting.
For a declaration of intent as a result of which he does not receive only a legal benefit, a minor requires the consent of his legal representative. The ratification may only be declared before the expiry of two weeks after receipt of the demand; if ratification is not declared, it is considered to have been refused. Declaration of revocation may also be made to the minor. A contract entered into by the minor without the approval of the legal representative is deemed effective from the beginning if the minor effects performance under the contract with means that were given to him for this purpose or for free disposal by the legal representative or by a third party with the ratification of the representative.
A unilateral legal transaction that a minor undertakes without the necessary consent of the legal representative is ineffective. If the minor undertakes such a legal transaction with regard to another person with this consent, the legal transaction is ineffective if the minor does not present the consent in writing and the other person rejects the legal transaction for this reason without undue delay.
Legal transactions are excluded for which the representative needs the ratification of the family court. Contracts are excluded for which the legal representative needs the ratification of the family court. The family court must give substitute authorisation if it is in the interest of the ward. Title 2 Declaration of intent.
A declaration of intent is not void by virtue of the fact that the person declaring has made a mental reservation that he does not want the declaration made. The declaration is void if it is to be made to another person who knows of the reservation. A declaration of intent not seriously intended which is made in the expectation that its lack of serious intention will not be misunderstood is void. Avoidance made to an absent person is regarded as effected in good time if the declaration of avoidance is forwarded without undue delay.
If a person other than the person to whom the declaration was to be made acquired a right as a direct result of the declaration, the declaration made to him may be avoided if he knew or ought to have known of the deceit. A legal transaction that lacks the form prescribed by statute is void. In case of doubt, lack of the form specified by legal transaction also results in voidness.
If more than one counterpart of the contract is drawn up, it suffices if each party signs the document intended for the other party.
German Civil Code BGB
If text form is prescribed by statute, a readable declaration, in which the person making the declaration is named, must be made on a durable medium. A durable medium is any medium that. In the event of a court settlement, the recording of declarations in a court record drawn up in accordance with the provisions under the Code of Civil Procedure [Zivilprozessordnung] replaces notarial recording.
If the notarial recording of a contract is prescribed by statute, it suffices if first the offer and then the acceptance of the offer is recorded by a notary. It does not become effective if a revocation reaches the other previously or at the same time. If, however, the declaration merely provides a legal advantage to the person with limited capacity to contract, or if the legal representative has given his consent, the declaration becomes effective at the time when it reaches the person with limited capacity.
The service is effected in accordance with the provisions of the Code of Civil Procedure [Zivilprozessordnung]. In the former case, the local court [Amtsgericht] competent for the approval is the one in whose district the person declaring has his residence, or in the absence of a residence within the country, his abode; in the latter case, the local court [Amtsgericht] competent for the approval is the one in the district of which the person to whom service is required to be effected had his last residence, or, in the absence of a residence within the country, his last abode.
When a declaration of intent is interpreted, it is necessary to ascertain the true intention rather than adhering to the literal meaning of the declaration. A legal transaction that violates a statutory prohibition is void, unless the statute leads to a different conclusion.
A disposition by legal transaction is equivalent to a disposition which is effected by means of execution or attachment. The power to dispose of an alienable right may not be excluded or restricted by a legal transaction. This effectiveness of an obligation not to dispose of such a right is not affected by this provision. If a part of a legal transaction is void, then the entire legal transaction is void, unless it is to be assumed that it would have been undertaken even without the void part.
If a void legal transaction fulfils the requirements of another legal transaction, then the latter is deemed to have been entered into, if it may be assumed that its validity would be intended if there were knowledge of the invalidity. The same applies to a legal transaction that is required to be undertaken in relation to another person or to a public authority, even if the legal transaction has already been undertaken in relation to the authority. The avoidance may, however, if the declaration of intent was to be made to a public authority, be made by declaration to the authority; the authority should inform the person who was directly affected by the legal transaction of the avoidance.
Any person who offers to another to enter into a contract is bound by the offer, unless he has excluded being bound by it. This also applies to an offer made by one person to another using a telephone or another technical facility. If the offeror has determined a period of time for the acceptance of an offer, the acceptance may only take place within this period.
If a declaration of acceptance received late by the offeror was sent in such a way that it would have reached him in time if it had been forwarded in the usual way, and if the offeror ought to have recognised this, he must notify the acceptor of the delay after receipt of the declaration without undue delay, unless this has already been done. If he delays the sending of the notification, the acceptance is deemed not to be late. A contract comes into existence through the acceptance of the offer without the offeror needing to be notified of acceptance, if such a declaration is not to be expected according to customary practice, or if the offeror has waived it.
The point of time when the offer expires is determined in accordance with the intention of the offeror, which is to be inferred from the offer or the circumstances. The coming into existence of the contract is not prevented by the offeror dying or losing capacity to contract before acceptance, unless a different intention of the offeror is to be presumed.
An agreement on individual points is not legally binding even if they have been recorded. If the parties to a contract which they consider to have been entered into have, in fact, not agreed on a point on which an agreement was required to be reached, whatever is agreed is applicable if it is to be assumed that the contract would have been entered into even without a provision concerning this point.
At an auction, a contract is not entered into until the fall of the hammer. A bid lapses if a higher bid is made, or if the auction is closed without the fall of the hammer. Contracts are to be interpreted as required by good faith, taking customary practice into consideration. Title 4 Conditions and specification of time. If, under the terms of a legal transaction, the consequences linked to the satisfaction of the condition are to become effective from an earlier time, then when the condition is satisfied the parties are under a duty to render each other the performance that they would have rendered if the consequences had occurred at the earlier time.
Such a disposition is equivalent to a disposition which is effected during the period of suspense by execution or attachment or by the administrator in insolvency proceedings. Title 5 Agency and authority. It is irrelevant whether the declaration is made explicitly in the name of the principal, or whether it may be gathered from the circumstances that it is to be made in his name.
The effectiveness of a declaration of intent made by or to an agent is not adversely affected by the agent having limited capacity to contract. The same rule applies to circumstances which the principal ought to have known, insofar as constructive notice is equivalent to knowledge. The expiry of the authority depends on the legal relationship on which its conferment is based. The authority is also revocable if the legal relationship is continued, unless this relationship leads to a different conclusion. If authority is granted by declaration to a third party, it remains in force in relation to this third party until he is notified by the principal of the expiry thereof.
A unilateral legal transaction that an authorised representative undertakes in relation to another is ineffective if the authorised representative does not present a letter of authorisation and the other rejects the legal transaction without undue delay for this reason. After the expiry of the authority, the authorised representative must return the letter of authorisation to the principal; he has no right of retention. The declaration of invalidity becomes effective at the end of one month after its last appearance in the official newspapers. The ratification may only be declared before the expiry of two weeks after receipt of the demand; if it is not declared, it is considered to have been refused.
Until the ratification of the contract, the other party is entitled to revoke it, unless he knew of the lack of power of agency when he entered into the contract. The revocation may also be declared to the agent. The agent is also not liable if he had limited capacity to contract, unless he acted with the consent of his legal representative.
Agency without authority is not permitted for a unilateral legal transaction. However, if the person in relation to whom such a legal transaction was to be undertaken did not, when the legal transaction was undertaken, question the power of agency the agent claimed to have, or if he was in agreement that the agent might act without authority, the provisions on contracts apply with the necessary modifications. The same applies if a unilateral legal transaction is undertaken in relation to an unauthorised agent with his consent. An agent may not, unless otherwise permitted, enter into a legal transaction in the name of the principal with himself in his own name or as an agent of a third party, unless the legal transaction consists solely in the performance of an obligation.
Title 6 Consent and ratification. Prior approval consent may be revoked until the legal transaction is undertaken, unless the legal relationship on which this consent is based leads to a different conclusion.
Revocation may either be declared to one party or to the other. In the last two cases, if more than one conflicting disposition has been made in respect of the thing, then only the first disposition is effective. Division 4 Periods of time and fixed dates. The same applies to the date of birth when the age of a person is calculated. If a period of time is extended, the new period is calculated from the expiry of the previous period.
If a period of time is determined by months or by years with the meaning that they are not required to run consecutively, a month is counted as thirty days and a year as days. The beginning of the month is understood to be the first day, the middle of the month the fifteenth day, and the end of month the last day. If a declaration of intent is to be made or an act of performance to be done on a particular day or within a period, and if the particular day or the last day of the period falls on a Sunday, a general holiday officially recognised at the place of the declaration or performance, or on a Saturday, the next working day takes the place of this day.
Title 1 Subject-matter and duration of limitation. Claims to the transfer of ownership of land and to the creation, transfer or cancellation of a right to a plot of land or to a change of the subject-matter of such a right and entitlements to consideration are subject to a ten-year limitation period. If a thing in respect of which a real claim exists comes into the possession of a third party by succession in title, the part of the limitation period that passed while possession was held by his predecessor in title is deemed to benefit the successor in title.
Unless another date for the commencement of limitation is specified, the limitation period of claims not subject to the standard limitation period commences when the claim arises. Title 2 Suspension, suspension of expiry and recommencement of the limitation period. If negotiations between the obligor and the obligee are in progress in respect of the claim or the circumstances giving rise to the claim, the limitation period is suspended until one party or the other refuses to continue the negotiations.
The claim is statute-barred at the earliest three months after the end of the suspension. If the proceedings come to a standstill because the parties do not prosecute them, the date of the last act in the proceedings by the parties, the court or other body responsible for the proceedings takes the place of the date when the proceedings end. Suspension commences again if one of the parties continues the proceedings. Limitation is suspended for as long as the obligor, under an agreement with the obligee, is temporarily entitled to refuse performance. Limitation is suspended for as long as, within the last six months of the limitation period, the obligee is prevented by force majeure from prosecuting his rights.
The same applies to claims between. The limitation of claims of a child against a legal adviser in litigation proceedings is suspended during the period when the latter is acting as a legal adviser. The limitation period of claims for infringement of the right to sexual self-determination is suspended until the obligee reaches the age of twenty-one. If, when the limitation period commences, the obligee in respect of claims for infringement of the right to sexual self-determination is living with the obligor in a common household, limitation is suspended until this common household ends.
A period in which limitation is suspended is not included in the calculation of the limitation period. If the limitation period is shorter than six months, the period specified for limitation takes the place of the period of six months. A claim that is part of or directed against an estate does not become statute-barred until at least six months have passed from the time when the inheritance is accepted by the heir or when insolvency proceedings in respect of the estate are commenced or when the claim can be asserted by or against an agent. The suspension, suspension of expiry and recommencement of the limitation period also apply to claims which are available, for the same reason, either in addition to the claim or instead of the claim.
Title 3 Legal consequences of limitation.
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The same applies to an acknowledgement made in accordance with a contract and to a security provided by the obligor. Limitation of actions does not exclude set-off and the assertion of a right of retention if the claim was not yet statute-barred at the time when the set-off could first have been made or performance first refused. If title has been retained, the right to revoke the contract may be exercised even if the secured claim is statute-barred.
A claim for collateral performance dependent on the main claim becomes statute-barred at the same time as the main claim, even if the specific limitation period applying to the claim for collateral performance has not ended. Division 6 Exercise of rights, self-defence, self-help. The exercise of a right is not permitted if its only possible purpose consists in causing damage to another.
A person who damages or destroys a thing belonging to another in order to ward off from himself or from another a danger threatened by the thing does not act unlawfully if the damage or destruction is necessary to ward off the danger and the damage is not out of proportion to the danger. If the person acting in this manner caused the danger, he is obliged to pay damages. A person who, for the purpose of self-help, removes, destroys or damages a thing, or a person who, for the purpose of self-help, arrests an obliged person who is suspected of flight, or overcomes the resistance to an act of an obliged person who has a duty to tolerate that act, does not act unlawfully if help cannot be obtained from the authorities in good time and there is a danger, without immediate intervention, that the realisation of the claim will be prevented or be considerably more difficult.
Division 7 Provision of security. When the deposit is made, the person entitled acquires a security right over the money deposited or the securities deposited and, if the money or the securities pass into the ownership of the treasury or the institution designated as the depositary office, a security right over the claim for reimbursement. Instruments made out to order and endorsed in blank are equivalent to bearer instruments. A person who has provided security by depositing money or securities is entitled to exchange the money deposited for suitable securities and the securities deposited for other suitable securities or for money.
A registered claim against the Federal Government or a Land may be provided as security only up to the amount of three quarters of the market value of the securities the delivery of which the creditor may demand in return for cancellation of his claim. A movable thing may be provided as security only up to the amount of two thirds of its estimated value. Things may be rejected as security if their spoilage is to be feared or if their safekeeping involves special difficulties.
If the security provided becomes insufficient without this being the fault of the person entitled, it is to be supplemented or another security is to be provided. Division 1 Subject matter of obligations. Title 1 Duty of performance. The performance may also consist in forbearance.
The stipulations apply even if they are circumvented by other constructions. An obligor has a duty to perform according to the requirements of good faith, taking customary practice into consideration. If a money debt is payable in a specific denomination of coin which is no longer in circulation at the time of payment, payment is to be made in the same way as if the denomination of coin were not specified. If interest is payable on a debt by law or under a legal transaction, the rate of interest is four per cent per year, unless otherwise provided. The reference rate is the rate of interest for the most recent main refinancing operation of the European Central Bank before the first calendar day of the relevant six-month period.
Credit institutions entitled to issue interest-bearing bonds for the amount of the loans granted by them may, for such loans, have commitments made to them in advance to pay interest on interest in arrears. When a thing is damaged, the monetary amount required under sentence 1 only includes value-added tax if and to the extent that it is actually incurred. The obligee may specify a reasonable period of time for the person liable in damages to undertake restoration and declare that he will reject restoration after the period of time ends.
After the end of the period of time the obligee may demand damages in money, if restoration does not occur in good time; the claim to restoration is excluded. Expenses incurred as a result of the curative treatment of an injured animal are not disproportionate merely because they significantly exceed the value of the animal. The damage to be compensated for also comprises the lost profits. Those profits are considered lost that in the normal course of events or in the special circumstances, particularly due to the measures and precautions taken, could probably be expected.
A person who must pay damages for the loss of a thing or a right is only obliged to compensate in return for the assignment of the claims which the person entitled to damages holds against third parties on the basis of ownership of the thing or on the basis of the right. A person who is obliged to reimburse expenses must pay interest from the date of the expense onwards on the amount expended or, if other objects than money have been expended, on the amount payable as compensation for their value. Where expenses have been incurred on an object that must be returned to the person liable in damages, interest need not be paid for the period of time for which the person entitled to damages is unremunerated for the emoluments or fruits of the object.
A person who is entitled to demand reimbursement of expenses he incurs for a specific purpose may, if he assumes an obligation for this purpose, demand release from the obligation. If the obligation is not yet due, the person liable in damages may provide security to him instead of releasing him from the obligation. Anyone entitled to remove an installation from a thing that he must return to another person must in the event of removal restore the thing to its previous condition at his own expense. If the other person obtains possession of the thing, he is obliged to permit the installation to be removed; he may refuse permission until he is provided with security for the damage connected with the removal.
Where more than one act of performance is owed in such a manner that only the one or the other is to be effected, then in case of doubt, the obligor has the right of choice. At the end of the period of time the right of choice passes to the obligor, if the obligee does not undertake the choice in good time. If one of the acts of performance is impossible from the beginning or if it later becomes impossible, the obligation is restricted to the other acts of performance. There is no restriction if performance becomes impossible due to a circumstance for which the party who is not entitled to the right of choice is responsible.
The consent of the obligor is not required. The possessor of a thing is entitled to the same right if he risks losing possession due to execution. The passing of ownership may not be asserted to the disadvantage of the creditor. If the obligor pays an interest-free debt prior to its falling due, he is not entitled to any deduction for interim interest. The providing of security by guarantors is excluded. When it is determined what efforts may reasonably be required of the obligor, it must also be taken into account whether he is responsible for the obstacle to performance. A person who owes only the care that he customarily exercises in his own affairs is not released from liability for gross negligence.
The obligor is responsible for fault on the part of his legal representative, and of persons whom he uses to perform his obligation, to the same extent as for fault on his own part. This does not apply if the obligor is not responsible for the breach of duty. If the obligor has performed only in part, the obligee may demand damages in lieu of complete performance only if he has no interest in the part performance. If the obligor has not rendered performance as owed, the obligee may not demand damages in lieu of performance if the breach of duty is immaterial.
In place of damages in lieu of performance, the obligee may demand reimbursement of the expenses which he has made and in all fairness was entitled to make in reliance on receiving performance, unless the purpose of the expenses would not have been achieved, even if the obligor had not breached his duty. Bringing an action for performance and serving a demand for payment in summary debt proceedings for recovery of debt have the same effect as a warning notice.
If the time at which the invoice or payment statement is received by the obligor is uncertain, an obligor who is not a consumer is in default at the latest thirty days after the due date and receipt of the consideration. While he is in default, the obligor is responsible for all negligence. He is liable for performance in the case of chance as well, unless the damage would have occurred even if performance had been made in good time. The default rate of interest per year is five percentage points above the basic rate of interest.
Default interest is not to be paid on interest. The right of the obligee to compensation for damage caused by the default remains unaffected. If the obligor is obliged to compensate for the value of an object that has been destroyed during a period of default or cannot be returned for a reason occurring during a period of default, the obligee may demand interest on the amount to be paid as compensation from the point of time onwards on which the determination of the value is based. The same applies if the obligor is obliged to compensate for the reduction in value of an object that deteriorates during the period of default.
The obligor must pay interest on a money debt from the date when litigation is pending onwards, even if he is not in default; if the debt only falls due later, interest must be paid from its due date onwards. Title 2 Default by the obligee. The obligee is in default if he does not accept the performance offered to him. The obligee must actually be offered performance exactly as it is to be rendered. A verbal offer by the obligor suffices if the obligee has declared to him that he will not accept the performance, or if effecting the performance requires an act by the obligee, in particular if the obligee must collect the thing owed.
Equivalent to an offer of performance is a demand to the obligee to undertake the action required. If a period of time has been specified according to the calendar for the act that the obligee is to undertake, the offer is only necessary if the obligee undertakes the act in good time. The same applies if the act must be preceded by an event and a reasonable period of time is specified for the act in such a way that it can be calculated from the event onwards according to the calendar. If the obligor is only obliged to perform in return for an act of performance by the obligee, the obligee is in default if, although he is willing to accept the performance offered, he does not offer the consideration demanded.
If the time of performance is not specified or if the obligor is entitled to provide performance before the specified time, the obligee is not in default merely because he is temporarily prevented from accepting the performance offered, unless the obligor notifies him of the performance a reasonable time in advance. During the period of default by the obligee, the obligor need not pay interest on an interest-bearing money debt. If the obligor must return or reimburse the emoluments of an object, his obligation is limited, for the period of default by the obligee, to the emoluments he takes.
If the obligor is obliged to surrender a plot of land or a registered ship or ship under construction, he may abandon possession after the obligee is in default. The obligee must be threatened with abandonment beforehand, unless the threat is impracticable. If the obligee is in default, the obligor may demand reimbursement of extra expenses he was obliged to incur for the futile offer as well as for safekeeping and preservation of the object owed.
It is irrelevant whether the provisions take the form of a physically separate part of a contract or are made part of the contractual document itself, what their volume is, what typeface or font is used for them and what form the contract takes. Contract terms do not become standard business terms to the extent that they have been negotiated in detail between the parties. The rules in this division apply even if they are circumvented by other constructions. In , after long bargaining, it was sold to the Bibliotheca Palatina of Heidelberg , following a public subscription headed by William I and Otto von Bismarck.
The first critical editions of the Codex Manesse appeared in the early nineteenth century. The codex is frequently referred to by Minnesang scholars and in editions simply by the abbreviation C , introduced by Karl Lachmann, who used A and B for the two main earlier Minnesang codices the Kleine Heidelberger Liederhandschrift and the Weingartner Liederhandschrift respectively. From Wikipedia, the free encyclopedia. The only other contemporary illuminated song book is the Weingarten Manuscript , once thought to have been a model for the Codex Manesse.
Yet other entries may feature historical poets but combine poems by several authors. Retrieved 3 December Tervooren, Stuttgart , Vol II, pp.
Related Der letzte Kodex (German Edition)
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