Concept and Significance of Ascendants in Law
The Term Ascendants is used in German civil law to designate those persons who are directly related in an ascending line from a particular individual. In a narrower sense, ascendants refer especially to parents, grandparents, great-grandparents, and further ancestors. The legal counterpart to ascendants are the so-called descendants, who comprise a person’s offspring.
In legal transactions, a precise definition and distinction of ascendants is particularly important in inheritance and family law. Ascendants also play a significant role in other legal fields, such as maintenance law or tax law.
Ascendants in Family Law
Term and Position within Kinship
According to § 1589 BGB, ascendants are those persons who are related to an individual in a direct line and descend from them. The line is described as ‘ascending’ because it starts from an individual and traces backward to their ancestors. In practice, this includes parents, grandparents, great-grandparents, and, in broader interpretation, further generations beyond.
Legal Relevance of Ascendants in Family Law
Kinship Relationships
The familial relationship to ascendants forms the basis for relevant claims and obligations in numerous legal matters. Essentially, there is a distinction between the direct line (ascendants and descendants) and the collateral line (siblings, uncles, aunts, etc.).
Maintenance Obligations towards Ascendants
According to § 1601 BGB, a claim to maintenance among relatives can arise both for and against ascendants. Pursuant to § 1606 para. 1 BGB, relatives in a direct line are mutually obliged to provide maintenance. This means that children are generally obligated to provide maintenance for parents and further ancestors in cases of need (so-called parental maintenance).
Disclosure Claims
Since need and capacity to pay must regularly be assessed in matters of maintenance, ascendants have, under § 1605 BGB, a right to information from their descendants regarding income and financial circumstances, and vice versa.
Ascendants in Inheritance Law
Statutory Succession
In German inheritance law, ascendants fall into the so-called second order of statutory succession (§ 1925 BGB). If there are no descendants (i.e., children, grandchildren, etc.), parents, grandparents, and possibly further ascendants are considered legal heirs. Within the second order, closer relatives inherit before more remote ones.
Compulsory Share Rights
Ascendants can be entitled to a compulsory share under § 2303 BGB if they are excluded from statutory succession by testamentary disposition or inheritance contract. The compulsory share amounts to half of the statutory share of inheritance.
Disinheritance of Ascendants
German inheritance law permits the exclusion of ascendants from succession by last will. However, in most cases they retain their right to a compulsory share.
Ascendants in Tax Law
Inheritance and Gift Tax Law
Within inheritance tax and gift tax law, ascendants are considered in the most favorable tax class (Tax Class I, § 15 ErbStG). As a result, they benefit from higher tax exemptions and lower rates compared to more distant relatives or non-relatives.
Private International Law
Within private international law, the definition and treatment of ascendants, particularly in inheritance and family law, may differ. The applicable law is then determined by relevant conflict-of-law rules, such as the EU Succession Regulation or international family law.
Ascendants in Social Law and Care Law
In social law, for example when determining maintenance obligations or household communities (particularly under SGB II), ascendants play a role. Similarly, ascendants can be entrusted with legal duties in care law, for example when applying for legal guardianship or within the scope of a guardianship power of attorney.
Terminological Distinctions and Deviations
Ascendants vs. Descendants
A distinction must be made between ascendants (ancestors) and descendants (offspring). The direction of consideration is decisive for the interpretation of statutory provisions.
Special Cases Involving Step and Adoptive Relationships
The BGB differentiates between biological and legal kinship. Adoptive parents and further ancestors of the adopted child are legally considered ascendants within the meaning of the law, whereas stepparents are not ascendants according to the statutory definition.
Conclusion
Ascendants occupy a significant position in German law, particularly in family, inheritance, and tax law. Precisely defining the scope of ascendants as well as their rights and obligations toward descendants is decisive for many legal issues. The definition of the term and its nuanced assessment are rooted in statutory provisions of the BGB and shaped by case law. In international matters, divergent definitions and the applicability of conflict-of-law rules must also be observed.
Thus, a comprehensive understanding of the legal status of ascendants is a prerequisite for the legally sound structuring of family and inheritance relationships.
Frequently Asked Questions
To what extent are astrological indications regarding the ascendant legally binding?
Astrological information and, in particular, those concerning the ascendant have essentially no legally binding character under German law. Neither civil nor public law recognizes astrological interpretations or calculations as legally relevant or binding. Rather, astrological information is respected as a private belief, but it does not constitute objectively observable or verifiable facts. In particular, any claims based on astrological statements about the ascendant—such as compensation claims due to faulty astrological advice—are only legally enforceable if a tacit breach of contract or breach of information or advisory duties can be proven. Even in services performed by astrologers, there is no guarantee that information about the ascendant is ‘correct’ in a legal sense, since neither legal nor scientific verification is possible.
Can the ascendant be legally agreed as part of a contract?
The inclusion of astrological information, such as the ascendant, in a contract is generally possible as long as there are no statutory prohibitions or moral objections (§ 138 BGB). The parties to a contract may stipulate, within the framework of their private autonomy, that certain astrological criteria should be considered when entering into or performing the contract. Such a contract generally has legal effect as long as no statutory limits are exceeded. However, the judicial enforceability of such agreements may be questionable if the contractual content depends on the ‘accuracy’ of astrological information, since this is not based on any objectively verifiable facts. In cases of dispute, courts examine whether the relevant contractual term is sufficiently definite and legally reviewable.
Is the ascendant relevant for name changes or official documents?
For official purposes, such as registry office matters, name changes, or personal identification documents, the ascendant has no legal relevance. In all applicable statutes and administrative guidelines in Germany, only objectively verifiable criteria such as date of birth, time of birth, and place of birth are considered, but not astrological interpretations thereof. The ascendant is thus not taken into account in official documents and cannot be cited as a reason for an application or for modifying official data.
May astrological information about the ascendant be used in advertising?
Advertising that refers to the ascendant must comply with general statutory requirements, such as the Act Against Unfair Competition (UWG). Astrological statements regarding the ascendant must not be misleading or deceptive, in particular, scientific effects must not be suggested if these cannot be proven. According to § 5 UWG, even the assertion that certain results can be guaranteed by knowledge of the ascendant may be considered impermissible deception. Furthermore, in the case of promises of healing or advice, it must always be clearly stated that such methods are not scientifically recognized.
Is there a right of withdrawal for astrological ascendant consultations?
For contracts concluded outside business premises (e.g., online purchases) for astrological consultations regarding the ascendant, the statutory right of withdrawal under §§ 312g, 355 BGB generally applies. The consumer therefore has the right to withdraw from the contract within 14 days without stating reasons, unless a statutory exception applies (e.g., in cases of full performance, with the consumer’s consent, under § 356 para. 4 BGB). It is always important that the provider duly informs the consumer about the right of withdrawal; if this information is missing, the withdrawal period may be extended up to 12 months.
Are professional activities related to the ascendant subject to official authorization?
The commercial activity as an astrologer, including consultations regarding ascendants, in Germany is generally subject to the principle of freedom of trade under § 1 GewO (Trade Regulation Act). For self-employed practice, only a business registration is required, unless special statutory provisions apply (e.g., the Heilpraktikergesetz for explicitly medical or therapeutic services). No special official permit is required solely for advice on ascendants, unless the activity crosses legally relevant boundaries, such as unauthorized healing or charlatanism.
Can astrological information about the ascendant be used as evidence in court?
Astrological information such as the ascendant is generally not recognized as admissible evidence in German civil and criminal procedure, as it lacks any objective verifiability or scientific basis. Courts rely exclusively on legally relevant and verifiable evidence, such as documents, expert opinions, or witness testimony. Astrological statements may at most be presented to explain personal motives (e.g., motive for an action), but not to clarify objective facts.
Are astrological details regarding the ascendant subject to data protection?
Data regarding the ascendant, when combined with date, place and time of birth, are personal data within the meaning of the GDPR (Art. 4 No. 1 GDPR). When collecting, storing and using such details within the context of astrological services, the General Data Protection Regulation must be observed. The client must be transparently informed about the nature, scope, and purpose of data processing; processing is only permitted with effective consent. Furthermore, the general rights of the data subject apply, including the right to information, deletion, and data portability.
