Legal Significance of Age
Das Age is a central reference point for numerous legal regulations. It describes the interval of life time elapsed since birth and is used in laws as an objective criterion for rights, obligations, and protection mechanisms. Age is particularly relevant in civil law, criminal law, labor law, social law, and public law. Below, the various legal aspects, definitions, and consequences are explained in detail.
Civil Law: Age as Prerequisite for Legal Capacity and Contractual Capacity
Minority and Majority (Coming of Age)
Under German law, majority is reached upon completion of the 18th year of life, according to § 2 of the German Civil Code (BGB). Until this point, a person is considered a minor, which has significant consequences for their legal and contractual capacity.
Contractual Capacity Based on Age
- Incapable of contracting (§ 104 no. 1 BGB): Children under the age of 7 are incapable of entering into contracts. Legal transactions carried out by them are void.
- Limited contractual capacity (§§ 106-113 BGB): Minors between 7 and 18 years of age have limited contractual capacity. Their legal transactions generally require the consent of their legal representatives, with exceptions (e.g., pocket money paragraph § 110 BGB).
- Full contractual capacity: Upon reaching the age of 18, a person acquires full contractual capacity.
Tortious Capacity
Tortious capacity also depends on age (§§ 828 ff. BGB). Children under 7 years are incapable of tortious liability, those between 7 and 18 years are only conditionally liable if they do not possess the insight required to recognize responsibility.
Marriage and Family Law
- Marriageable Age (§ 1303 BGB): In Germany, the marriageable age is generally 18 years.
- Adoption: In adoption law as well, the age of the individuals involved is decisive (e.g., minimum age for adopters under § 1743 BGB).
Public Law: Elections, Political Participation and Citizenship
Right to Vote
- Active right to vote: In principle, German citizens may participate in federal elections at the age of 18 (Art. 38 GG, § 12 BWahlG). Exceptions exist at state and municipal level, where lower minimum ages may apply.
Passport and ID Card Law
Age is relevant for the issuance and validity of identification documents (§ 1 PAuswG, § 4 PassG).
Compulsory Education and Children’s Rights
Compulsory education begins and ends depending on age (usually from 6 years), regulated by the school laws of the federal states.
Labor Law Significance of Age
Age limits in employment contracts
- Youth Employment Protection Act (JArbSchG): Child labor is generally prohibited; young people between 15 and 18 years of age may only be employed under certain conditions.
- Minimum age for gainful employment: The minimum age for entering into employment subject to social security contributions is legally defined.
- Age limits in collective agreements: In labor law, age limits also play a role in protection against dismissal and company pension schemes.
Dismissal and Pension Regulations
Age has an impact on the ordinary terminability of employment relationships and essentially determines entry into retirement and access to the statutory pension insurance.
Social Law Relevance of Age
Child benefit and social benefits
The age of the child is decisive for the payment of child benefit (§ 62 ff. EStG) and other social benefits such as child supplement. Numerous benefits depend on reaching certain age thresholds.
Pension and Pension Rights
- Standard old-age pension: Statutory age limits determine at what age insured persons are regularly entitled to draw an old-age pension (§ 35 SGB VI).
- Early retirement and disability pension: Specific, partially graduated age regulations apply here.
Criminal Law Aspects of Age
Criminal Responsibility
- Non-criminal responsibility: Children under 14 years of age are not criminally responsible according to § 19 of the Criminal Code (StGB).
- Adolescents and young adults: Special provisions of the Youth Courts Act (JGG) apply to juveniles aged 14 to 18 as well as young adults aged 18 to 21.
Youth Protection
Age limits determine access to certain media and events (§ 9 JuSchG, § 11 JArbSchG, § 4 Youth Protection Act for films and digital games).
Data Protection and Age
In connection with personal data, age is considered a sensitive category, the processing of which is subject to special requirements under the General Data Protection Regulation (GDPR), such as when obtaining consent from minors (§ 8 GDPR).
Medical Law Significance of Age
Age limits determine independent capacity to consent and undergo treatment, for example in medical interventions, completion of advance healthcare directives, as well as cognitive and judgment abilities concerning medical measures.
Summary: Importance and Function of Age Limits in Law
Age is a universal and significant reference point for rights, obligations, and protective regulations in all areas of law. Statutory age limits provide clarity, legal certainty, and protection for vulnerable groups. They are a fundamental prerequisite for numerous legal actions, from contractual capacity to the right to vote and the commencement of retirement. Changes in statutory age provisions have far-reaching social and legal effects and are the subject of ongoing political and societal debate.
Frequently Asked Questions
At what age is a person in Germany fully contractually capable?
In Germany, full contractual capacity is usually obtained with completion of the 18th year of life, in accordance with § 104 ff. BGB (German Civil Code). This means from this age, a person may independently enter into legally binding contracts of any kind and has unrestricted control over their assets. Up to their 7th birthday, a person is deemed contractually incapable (§ 104 no. 1 BGB). Persons between 7 and 18 years of age have limited contractual capacity (§ 106 BGB); in other words, they may only enter into legal transactions with the consent of a legal representative or conclude so-called “legally solely advantageous transactions” on their own. Certain exceptions, such as the “pocket money paragraph” (§ 110 BGB), allow minors to enter into contracts with their own money under certain conditions. However, full contractual capacity is granted exclusively upon reaching the age of majority, i.e., from the 18th birthday onward.
At what age is it legally permissible to marry in Germany?
According to § 1303 BGB, a marriage in Germany may generally only be entered into by adults, that is, upon completion of the 18th year of life. Before the amendment in 2017, it was possible under certain conditions and with court approval for 16- or 17-year-olds to marry if the prospective spouse was of age. Since the amendment, this is no longer possible. Minors who married abroad or under foreign law may benefit from vested rights under certain circumstances if the marriage occurred before the law came into effect on July 22, 2017. Otherwise, marriages with or by minors are generally invalid in Germany.
When does criminal responsibility begin in Germany?
Criminal responsibility, i.e., the ability to be held criminally liable for an offense, begins in Germany at the age of 14 (§ 19 StGB). Children under 14 are non-criminally responsible and cannot be prosecuted. Upon reaching the age of 14, it must be evaluated whether the juvenile is mature enough to understand the wrongfulness of their act (capacity for insight). From 14 to 17 years, the juvenile criminal law applies. From 18 to 21 years, juvenile criminal law can still be applied under certain circumstances, if the perpetrator is, in moral and intellectual development, still equivalent to a juvenile (§ 105 JGG).
What age limits apply for voting eligibility in German federal, state, and local elections?
The right to vote in Bundestag elections is stipulated in Article 38 Paragraph 2 of the Basic Law (GG) and is granted to all German citizens who have reached the age of 18. Similar rules apply for state elections in most federal states, though some have now lowered the voting age for state elections to 16 (e.g., Bremen, Brandenburg). For local elections, the minimum voting age is already 16 in many federal states (e.g., North Rhine-Westphalia, Schleswig-Holstein, Baden-Württemberg), although there may be higher age requirements for certain offices (such as the passive right to be elected). The passive right to vote, i.e. the right to be elected, requires the age of 18 for Bundestag elections, and for local elections, occasionally lower age limits may apply. The specific applicable rules depend on federal or state law.
From what age can you obtain a driver’s license in Germany?
The minimum age for obtaining a driver’s license in Germany depends on the respective license class. For the most common category (B – passenger car), there is “accompanied driving from age 17”: at 17, a license can be obtained, but an authorized accompanying person must be present until the 18th birthday (§ 48a FeV). Regular acquisition of a class B license without an accompanying person is possible from age 18. For class AM (mopeds up to 45 km/h), the minimum age is 15 (in some federal states); for class A1 (light motorcycles up to 125 cc), age 16. For truck and bus licenses (classes C, D), higher minimum ages apply (from 18 or 21, depending on class and training).
What age limits apply to testamentary capacity, i.e., the drafting of a valid will?
Testamentary capacity, i.e., the ability to validly create a will, is primarily regulated in § 2229 BGB. Under paragraph 1, a notarial will may be executed from age 16 before a notary. A holographic, i.e., fully handwritten will, can only be drawn up after reaching age 18. Minors under 16 are generally incapable of making a will. Testamentary capacity additionally requires that the testator is of ‘contractual capacity’ when making the will, i.e., able to understand the meaning of their instructions and to act in accordance with this understanding.
From what age can you work in Germany?
The legal framework for the employment of minors is set out in the Youth Employment Protection Act (JArbSchG). In principle, children under the age of 15 may not be employed (§ 5 JArbSchG). However, there are exceptions, for instance, for newspaper delivery, light activities, or music and theater performances from age 13 with parental consent and under certain protective conditions (§ 6 JArbSchG). Teenagers from age 15 may generally work, provided they have completed full-time compulsory schooling. For those under 18, there are also daily working time limits, a ban on night work, and special protective provisions regarding breaks and holidays (§§ 8-18 JArbSchG). Full employment without restrictions is possible from age 18.
