Last Updated on July 1, 2021 by LawEuro
German Civil Code (BGB) German law
Title 3
Curatorship
Section 1909
Supplementary curatorship
(1) A person who is subject to parental custody or guardianship is given a curator for matters which the parents or the guardian are prevented from carrying out. In particular, he is given a curator to manage the property that he acquires as a result of death or that is given to him free of charge inter vivos if the testator by testamentary disposition or the donor when making the disposition stipulated that the parents or the guardian were not to manage the property.
(2) If a curatorship becomes necessary, the parents or the ward must notify this without undue delay to the family court.
(3) The curatorship must also be ordered if the requirements for the ordering of a guardianship are satisfied but a guardian has not yet been appointed.
Section 1910
(repealed)
Section 1911
Curatorship of absentees
(1) An absent person of full age whose abode is unknown is given a curator of absentees for his property matters to the extent that they require care. Such a curator must in particular also be appointed for him if he has made arrangements by giving a mandate or a power of attorney but circumstances have arisen that give reason to revoke the mandate or the power of attorney.
(2) The same applies to an absentee whose abode is known but who is prevented from returning and from taking care of his property matters.
Section 1912
Curatorship for an unborn child
(1) An unborn child is given a curator for the safeguarding of its future rights to the extent that these require care.
(2) The care is, however, the right of the parents to the extent that they would have parental custody if the child had already been born.
Section 1913
Curatorship for unknown persons involved
If it is unknown or uncertain who is the person involved in a matter, then a curator may be appointed for the person for this matter to the extent that care is necessary. In particular, a subsequent heir who has not yet been conceived or whose identity is only to be established by a future event, may be given a curator for the time until the subsequent succession takes effect.
Section 1914
Curatorship for collected property
Where, by public collection, property has been collected for a temporary purpose, a curator may be appointed for the purpose of the management and application of the property if the persons named to manage and apply it are no longer available.
Section 1915
Application of guardianship law
(1) The curatorship is governed by the provisions applying to guardianship with the necessary modifications to the extent that the law does not lead to a different conclusion. Notwithstanding section 3 (1) to (3) of the Guardians and Custodians Payment Act [Vormünder- und Betreuervergütungsgesetz], the amount of a payment to be granted under section 1836 (1) is determined by the specialised knowledge of the curator that is useful for the curatorship business and by the scope and difficulty of the curatorship business, provided that the person subject to curatorship is not destitute. The custodianship court replaces the family court; this does not apply to curatorship for minors or for an unborn child.
(2) The appointment of a supervisory guardian is not necessary.
(3) Section 1793 (2) does not apply to curatorship for persons of full age.
Section 1916
Designation as supplementary curator
The curatorship to be ordered under section 1909 is not governed by the provisions on designation of guardianship.
Section 1917
Naming of the supplementary curator by testator and third parties
(1) If the order for a curatorship under section 1909 (1) sentence 2 is necessary, then whoever was named by testamentary disposition or at the time of the disposition is designated as curator; the provisions of section 1778 apply with the necessary modifications.
(2) For the person named curator, the exemptions set out in sections 1852 to 1854 may be ordered by testamentary disposition or at the time of the disposition. The family court may cancel the orders if they endanger the interest of the person under curatorship.
(3) For deviation from the directions of the donor, during his lifetime, his consent is necessary and sufficient. If he is permanently not in a position to make a declaration or his abode is permanently unknown, the family court may substitute the consent.
Section 1918
Termination of the curatorship by operation of law
(1) The curatorship for a person under parental custody or under guardianship ends on the termination of the parental custody or the guardianship.
(2) The curatorship for an unborn child terminates on the birth of the child.
(3) The curatorship to take care of a single matter terminates when the matter is completed.
Section 1919
Cancellation of the curatorship on cessation of reason
The curatorship must be cancelled if the reason for the order of the curatorship has ceased to exist.
Section 1920
(repealed)
Section 1921
Cancellation of the curatorship of absentees
(1) The curatorship for an absent person is to be cancelled when the absent person is no longer prevented from attending to his property matters.
(2) If the absent person dies, the curatorship ends only when it is cancelled by the custodianship court. The custodianship court must cancel the curatorship if it obtains knowledge of the death of the absent person.
(3) If the absent person is declared to be dead or if his date of death is determined under the provisions of the Missing Persons Act [Verschollenheitsgesetz], the curatorship ends when the order on the declaration of death or the determination of the time of death becomes final and absolute.
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