Last Updated on June 27, 2021 by LawEuro
German Civil Code (BGB) German law
Book 1
General Part
Division 1
Persons
Title 1
Natural persons, consumers, entrepreneurs
Section 1
Beginning of legal capacity
The legal capacity of a human being begins on the completion of birth.
Section 2
Beginning of majority
Majority begins at the age of eighteen.
Sections 3 – 6 (repealed)
Section 7
Residence; establishment and termination
(1) A person who settles permanently in a place establishes his residence in that place.
(2) There may be a residence in more than one place at the same time.
(3) Residence is terminated if the person abandons the place of residence with the intention of giving it up.
Section 8
Residence of persons who lack full capacity to contract
(1) A person who is not capable of contracting or who has limited capacity to contract can neither establish nor terminate residence without the consent of his legal representative.
(2) A minor who is or has been married may independently establish and terminate residence.
Section 9
Residence of a soldier
(1) A soldier has his residence in his garrison. The residence of a soldier who has no garrison within the country is deemed to be his last garrison within the country.
(2) These provisions do not apply to soldiers who are merely doing compulsory military service or who cannot independently establish residence.
Section 10 (repealed)
Section 11
Residence of a child
A minor child shares the residence of its parents; it does not share the residence of a parent who lacks the right to care for the person of the child. If neither parent has the right to care for the person of the child, the child shares the residence of the person who has this right. The child retains the residence until it validly abandons it.
Section 12
Right to a name
If the right of a person to use a name is disputed by another person, or if the interest of the person entitled to the name is injured by the unauthorised use of the same name by another person, the person entitled may require the other to remove the infringement. If further infringements are to be feared, the person entitled may seek a prohibitory injunction.
Section 13
Consumer*)
A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.
*) Official note: These provisions serve to implement the directives set out above under numbers 3, 4, 6, 7, 9 and 11.
Section 14
Entrepreneur*)
(1) An entrepreneur means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.
(2) A partnership with legal personality is a partnership that has the capacity to acquire rights and to incur liabilities.
*) Official note: These provisions serve to implement the directives set out above under numbers 3, 4, 6, 7, 9 and 11.
Sections 15 – 20 (repealed)
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