Definition and Legal Significance of Age Groups
In the legal context, age groups refer to the division of human life into different age stages, to which specific rights, obligations, prohibitions, and protective provisions are linked. They form the basis of numerous statutory regulations and play a central role in many areas of German law, especially in civil law, criminal law, social law, and labor law. The gradation is not arbitrary but is based on developmental psychology, social considerations, and legal policy deliberations. The respective age group reached is decisive for legal capacity, capacity to contract, capacity for tort, criminal responsibility, voting rights, and many other areas of life.
Civil Law Relevance of Age Groups
Legal Capacity and Capacity to Contract
Legal capacity begins according to § 1 BGB with completion of birth, ends with death, and is independent of age. However, capacity to contract is divided into age groups:
Limited Capacity to Contract (§ 104 ff. BGB)
- Children (under 7 years): According to § 104 No. 1 BGB, they are incapable of contracting. Legal transactions concluded by them are void.
- Minors (7 to 17 years): According to § 106 BGB, they have limited capacity to contract. Their declarations of intent are generally pending ineffective until consent of the legal representative is given, or the transaction confers a legal benefit only.
Full Capacity to Contract
- Legal Adulthood: Upon reaching the age of 18, full contractual capacity is acquired according to § 2 BGB.
Capacity for Tort
- Children under 7 years of age are, pursuant to § 828 BGB, incapable of committing a tort.
- Children from 7 up to 18 years of age: According to § 828 para. 3 BGB, minors between the ages of seven and eighteen are only capable of committing a tort if they possess the insight required to recognize their responsibility.
- Adults (from 18 years) are generally fully liable in tort.
Criminal Law Classification of Age Groups
Criminal law distinguishes between different levels of criminal responsibility:
Non-Criminal Responsibility
- Children under 14 years of age are, according to § 19 StGB, not criminally responsible. Criminal proceedings against them are inadmissible.
Juveniles and Young Adults
- Juveniles (14 up to 18 years) are criminally responsible under the Youth Courts Act (JGG). The provisions of juvenile criminal law apply (§§ 1 ff. JGG).
- Young adults (18 up to 21 years): For this age group, juvenile criminal law can be applied under certain conditions pursuant to § 105 JGG, if their moral and intellectual development is equivalent to that of a juvenile.
Adults
- After completion of the 21st year of life, only adult criminal law applies.
Age Groups in Electoral and Public Law
Active and passive voting rights
- Municipal elections: Here, the minimum age for active voting differs by federal state between 16 and 18 years.
- Federal elections: Voting rights are granted to German citizens according to Art. 38 GG from the age of 18.
Compulsory Military Service and Civil Service
- Historically, reaching the age of 18 meant inclusion in compulsory military service and the right to vote on military duty.
Social Law and Other Statutory Regulations
Age Groups in Family Law
- Limited Marriageability: According to § 1303 BGB, the legal capacity to marry is reached at adulthood (18 years). Marriage involving minors is generally no longer permitted in Germany.
- Custody Regulations: Upon reaching adulthood, parental custody ends in accordance with § 1626 para. 2 BGB.
Age Limits in School and Educational Law
- Compulsory education usually begins at age 6 and extends up to the age of 18.
- For certain educational qualifications and rights (e.g., vocational training law, BAföG), their own age groups apply.
Age Groups in Labor Law
- Minors may generally only be employed under restrictions (§§ 2 ff. JArbSchG). The minimum age for entering into an employment relationship is 15 years.
- Juveniles are subject to special protective regulations regarding working hours and areas of activity.
Age Groups and Their Significance in Youth Protection Law
Prohibitions of Consumption and Age Ratings
- Alcohol, Tobacco: Purchase and consumption are prohibited for minors under 18 years old (§ 9 JuSchG).
- Image Carriers, Films, Computer Games: Age ratings according to § 14 JuSchG are mandatory.
Restrictions on Presence
- Minors under 16 years of age are not allowed, under § 5 JuSchG, to be in restaurants or at public dance events after 10 p.m. without a guardian.
Age Groups in Tax and Pension Law
- Certain tax benefits and allowances are oriented to age limits, for example, allowances for children up to the completion of the 18th year of life, or in individual cases up to the age of 25.
- In social security law, the completed 67th year of life (statutory retirement age) is decisive for entering retirement.
International Comparisons and Special Features
Age groups and the associated rights and obligations differ significantly at the international level. Important conventions, such as the UN Convention on the Rights of the Child, provide protective rights up to the age of 18; however, the design of national age limits remains the responsibility of each state.
Summary
Age groups serve as central reference points in the legal system, to which numerous norms align rights, duties, and protective provisions. Whether capacity to contract, liability in tort, criminal responsibility, voting rights, labor protection, youth protection, or social benefits—each age group marks an important transition in life and significantly influences the scope of personal autonomy and decision-making freedom. Their precise legal classification ensures effective protection and legal certainty regarding societal expectations in each phase of life.
Frequently Asked Questions
From what age is a person legally considered a child, a juvenile, or an adult?
German law differentiates between various age groups, each of which entails specific legal consequences. A person is generally considered a child until the completion of the 14th year of life (§ 2 para. 1 SGB VIII and § 1 para. 2 No. 1 JGG). Juveniles are persons between the ages of 14 and 18 (§ 1 para. 2 No. 2 JGG), while ‘young adults’ (Heranwachsende) refers for certain legal areas (e.g., juvenile criminal law) to persons between 18 and 21 years (§ 1 para. 2 No. 3 JGG). A person is deemed of full legal age, and thus legally an adult, upon reaching the age of 18 (§ 2 BGB). The classification into these age groups is decisive for numerous legal areas, such as criminal, family, youth protection, or social law, and leads to different legal assessments and consequences, for instance with regard to capacity to contract, criminal responsibility, or parental custody.
What is the significance of age groups in criminal law?
In criminal law, the Youth Courts Act (JGG) provides separate procedures and sanctions for different age groups. Children under 14 are not criminally responsible and cannot be prosecuted (§ 19 StGB). Juveniles (14-17 years) are subject to juvenile criminal law, which primarily aims at education rather than punishment. Young adults (18-20 years) may, depending on their level of maturity, be treated under juvenile or adult criminal law (§ 105 JGG). For adults (from age 21), the regular adult criminal law under the StGB applies. The distinction between age groups has a significant impact on penalties, measures, and the course of criminal proceedings.
How do age groups affect legal capacity?
The German Civil Code (BGB) distinguishes three stages of legal capacity based on age. Children under 7 years of age are incapable of contracting (§ 104 No. 1 BGB), meaning they cannot make legally effective declarations of intent. Minors between 7 and 18 years of age have limited contractual capacity (§ 106 BGB): their contracts are generally pending ineffective and require approval from legal guardians, unless they are purely to their legal advantage (§ 107 BGB) or fulfilled with their own means (‘pocket money provision’, § 110 BGB). Upon reaching adulthood (18 years), one becomes fully capable of contracting (§ 2 BGB). These legal limits serve to protect underage persons from rash or disadvantageous legal transactions.
Which age groups are relevant for youth protection?
Youth protection in Germany, governed primarily by the Youth Protection Act (JuSchG) and the Interstate Treaty on the Protection of Minors in the Media (JMStV), is based on clearly defined age groups: under 6 years, 6-11 years, 12-15 years, 16-17 years, and from 18 years. These age groups determine from which age children and adolescents may access certain media, events, alcoholic beverages, or venues (such as clubs, cinemas, restaurants). The regulations are oriented towards developmental stages and are intended to particularly protect minors from influences that could be harmful to their development.
What role do age groups play in family law?
In family law, age groups are relevant, for example, in relation to parental custody and maintenance law. Minors (under 18 years) are under parental custody (§ 1626 BGB), which ceases automatically upon reaching adulthood. In divorce law, whether children must be specially heard by the court depends on their age (§ 159 FamFG), and in maintenance law, the claim of children or privileged adult children (under 21, living in a parent’s household and in education, see § 1603 BGB) also depends on age. The possibility for children to file applications in court proceedings themselves can also depend on age (partially independent rights from age 14).
How do age groups relate to labor law?
Labor law is particularly governed by the Youth Employment Protection Act (JArbSchG), which establishes special provisions for minors under 18 years. Child labor is generally prohibited (§ 5 JArbSchG); juveniles from 15 years old may be employed, but are subject to special protective regulations regarding working hours, breaks, night work, and tasks. Upon reaching the age of 18, the rules for adult employees largely apply. Age groups also affect protection against dismissal, training relationships, and rights of co-determination.
What is the importance of age groups in social law?
Age groups are of central importance in social law (e.g., SGB II – basic security, SGB VIII – child and youth welfare). They determine the entitlement, scope, and nature of various benefits, such as child benefit (up to 18 years, exceptionally up to 25 years), advance maintenance payments (up to 18 years), or youth welfare services (up to 27 years). Many support measures end with the achievement of legal adulthood or, at the latest, age 27. Age groups therefore essentially determine access to and the structure of social benefits.
