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Archiver > GEN-DE > 1996-05 > 0831168000


From: "Barbara & Dr.Peter Mazurek" <>
Subject: Re: Reality check and what does it really mean
Date: Sat, 4 May 1996 00:00:00 +0000
In-Reply-To: <199605032211.AAA02251@sax.sax.de>


Bill,
you wrote on Tue, 30 Apr 1996 13:00:56 -0700 :
> [...]
> Das Amtsgericht. Wyk a. FThr, den 8. Februar 1927.
>
> G.R. 64
>
> Auf Anordnung des Amtsgerichts werden Sie benachrichtigt,
> [...]
> Question:
>
> 1. My grandparents were married in 1920 and left Germay (separately)
> in 1928 (grandfather) and 1929 (grandmother, aunt and father).
> Does anyone know what purpose this paper served?
The german Civil Code of Laws ("B"urgerliches Gesetzbuch", abbreviated
BGB) contains the matrimonial right. It is from 1896 and still valid (!)
and therefore written in the language of the past times and filled with
things which are today more than "out of the present time".
For instance, the husband is the administrator and owner of all goods
brought into or obtained by his wife during the matrimony. He and only he
alone decides what to do with them. That was the n o r m a l case. The
reason for it was the opinion of the middle age that a woman is inexperi-
enced in commerce. Therefore women must have always a guardian in commerce
(in german "Vormund"). In the state of matrimony the husband was automati-
cally the guardian of his wife.
The BGB contains also another possibilities. Married people could made a
contract that they are in non-community of goods (in german "G"utertren-
nung"). This contract must be public in the so called "G"uterrechtsregi-
ster". It is a catalogue of all unnormal cases (look above) of private
state of possession of married people.
The reason for choosing non-community of goods could be:
1) Mistrust of the wife. Before her matrimony she is wealthy (e.g. by
inheritance) or she becomes wealthy by inheritance during her matrimony.
This is the reason of financial safety of the wife during her whole life
by the wife.
2) Commerce of the husband. If he is a simple merchant he is liable with
his commercial wealth and with his private wealth. In the worst case his
wife's part of the private wealth is out of his liability if their non-
community of goods is public in the "G"uterrechtsregister".
This is the reason of financial safety of the wife (or both) after the
crash by the husband.
> 2. Is the translation correct?
I don't know the terms used by jurists, sorry.

Peter
-------------------------------------------------------------
{Barbara,Dr.Peter} Mazurek, D-01445 Radebeul, Jaegerhofstr.86
Tel./Fax: 0049-351-771453 email:

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