Book1 Chapter01 Title02 Part02

GERMAN CIVIL CODE OF 1896

• Based on the English Translation by: Wang, Chung Hui (1907). The German Civil Code, translated and annotated with historical introduction and appendices. London: Stevens and Sons. [available on Archive.org]

BOOK I. General Principles.

Chapter I. Persons.

Title II. Juristic Persons.

Section 80.

• For the creation of a foundation with juristic personality, besides the act of foundation, the ratification of the State in whose territory the foundation is to have its seat is necessary. If the foundation is not to have its seat in any State, the ratification of the Federal Council is necessary. Unless it is otherwise provided, the place where its affairs are managed is deemed to be the seat of the foundation.

Section 81.

• [I] An act of foundation inter vivos is required to be in writing.
• [II] Before the ratification is given the founder is entitled to revoke. If application has been made to the competent authority for its ratification, the revocation may be communicated only to the same authority. The heir of the founder is not entitled to revoke, if the founder has filed his application with the competent authority, or where the act of foundation is authenticated by a court or notary, has instructed the court or the notary at the time of or after the authentication to file the application.

Section 82.

• If the foundation is ratified the founder is bound to transfer to the foundation the property specified in the act of foundation. Rights which can be transferred by a mere contract of assignment pass to the foundation upon ratification, unless a contrary intention of the founder appears from the act of foundation.

Section 83.

• If the act of foundation consists of a disposition mortis causa, the Probate Court shall obtain the ratification, unless it is applied for by the heir or the executor.

Section 84.

• If the foundation is not ratified until after the death of the founder, it is deemed, in respect to the dispositions of the founder, to have been already created before his death.

Section 85.

• The constitution of a foundation is determined, so far as it does not depend upon Imperial or State law, by the act of foundation.

Section 86.

• The provisions of 26, 27, par. 3, and 28 to 31, 42 apply mutatis mutandis to foundations; the provisions of 27, par. 3, and 28, par. 1, however, only in so far as a contrary intention does not appear from the constitution, e.g. from the fact that the affairs of the foundation are managed by a public authority. The provisions of 28, par. 2, and 29 do not apply to foundations whose affairs are managed by a public authority.

Section 87.

• [I] If the fulfilment of the object of the foundation has become impossible, or if it endangers public interests, the competent authority may apply the foundation to a different object or may suppress it.
• [II] In changing the object the intention of the founder shall be considered as far as possible; care is especially to be taken that the proceeds of the property of the foundation continue to be applied as far as possible in accordance with the will of the founder for the benefit of those persons whom he intended to benefit. The authority may alter the constitution of the foundation, so far as the change of object demands it.
• [III] Before the change of the object and the alteration of the constitution the directorate of the foundation should be heard.

Section 88.

• On the extinction of the foundation its property devolves upon the persons designated by its constitution. The provisions of 46 to 53 apply mutatis mutandis.