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equality of illegitimate children - eliminate exceptions in the law of succession

to today by the Federal Cabinet approved the government draft, which completes the inheritance equality of illegitimate children, said Justice Minister Sabine Leutheusser-Schnarrenberger:

No child may be worse just because his parents married. Still there are unmarried children who inherit from their fathers, not by law. The exceptions to the detriment of illegitimate children are now removed. In future, all illegitimate children legal heirs of their fathers, regardless of age.

for future deaths can not rely on legitimate expectations, which ultimately leads to new inequalities. It was originally in talks to illegitimate children to inherit only after surviving spouses and life partners. The government today decided to deliberately design limitations. The equality of illegitimate children is more important than protection of confidence.

The reform is in line with the Children's Law Reform, I have taken over ten years on the road. The full equality of illegitimate children completed in succession a long way.

Background:

first In the current legal

inheritance are treated as illegitimate and legitimate children generally. As before, however, an exception in hand, the law on the legal status of illegitimate children of 19 August 1969 provided for. This special causes before 1 July 1949, illegitimate children are born today with their fathers as not related and therefore have no legal inheritance.

second Decision of the European Court of Human Rights

The European Court of Human Rights (ECHR) on 28 May 2009 found in an individual complaint procedure that so far in the German law of succession provided for unequal treatment of legitimate and illegitimate children, before 1 July 1949 were born, in opposition to the European Convention on Human Rights is.

third Proposed scheme

The government bill envisages that all before 1 July 1949-born illegitimate children are the future legal heirs of their fathers:

• For future deaths, all before 1 July 1949 treated illegitimate children born illegitimate children. They inherit from their fathers as legal heirs.

• The government bill waives restrictions originally discussed for the benefit of surviving spouses and life partners, because the principle of equality legitimate and illegitimate children is more important than the protection of confidence.

• Special rules apply to deaths that have occurred prior to the proposed new rules. As has been transferred the assets of the deceased according to the old law already on the appointed heir, the inheritance can again only in very narrow constitutional limits be withdrawn or curtailed:

The new rules can be extended to deaths occurring after the decision of the ECHR on 28 have happened in May 2009. Ever since the decision, the appointed heir under the old law no longer rely on their inheritance.

for illegitimate children whose fathers established prior to 29 May, died in 2009, it must remain fundamentally because of the constitutionally enshrined retroactivity in the earlier law. An exception is for cases scheduled in which the state itself has become the heir, for example, because there was no relatives or spouses or partners, or because the estate was turned down. In such situations, the state should pay the value of the assets inherited by him to the affected non-marital children.

Today the Federal Cabinet adopted the draft law will now be forwarded to the German Parliament for deliberation.

Source: Federal Ministry of Justice press release dated July 21, 2010