Term and Legal Significance of ‘Relatives’
Definition of the Term ‘Relatives’
The term ‘relatives’ under German law refers to a legally defined group of persons who are connected to a natural or legal person through family, marital, blood, or in-law relationships. The precise definition and scope of the term ‘relatives’ depend on the respective field of law and the specific statute in which it is used. The significance of relatives is particularly central in civil law, criminal law, tax law, social law, labor law, and public law.
Statutory Provisions and Definitions
Civil Law Definition (§ 15 AO, § 11 StGB)
German law contains several statutory definitions of the term ‘relatives.’ A particularly significant definition is found in § 15 of the Fiscal Code (AO) and § 11 (1) No. 1 of the Criminal Code (StGB). According to these provisions, relatives include:
- Spouses and civil partners (§ 1 Civil Partnership Act)
- Blood relatives (in direct line as well as collateral relatives up to the third degree)
- In-laws (also in direct line as well as in the collateral line up to the second degree)
- Foster parents and foster children
- Children-in-law and parents-in-law
- Siblings
- Persons who are related by adoption in direct line or as siblings
The exact delimitation of the respective groups of persons varies depending on the field of law and the individual case.
Differences Regarding Cohabitation and Engagement
According to some provisions, partners in non-marital cohabitations, fiancés (as per § 52 of the Code of Criminal Procedure), as well as persons connected in a direct line by adoption, are also treated as equivalent.
Legal Significance in Civil Law
Right to Refuse Testimony (§ 383 ZPO)
According to § 383 (1) Nos. 2 and 3 of the Code of Civil Procedure (ZPO), relatives have a comprehensive right to refuse to testify. They may refuse to give evidence in court to avoid incriminating themselves or another relative, or to protect them from disadvantages. The objective is to safeguard particularly close relationships of trust.
Formal Requirements for Contracts (§ 1365 BGB, § 138 BGB)
In the German Civil Code (BGB), the concept of relatives plays a special role in transactions between spouses and civil partners, particularly regarding consent or form, such as when disposing of all assets (§ 1365 BGB).
Challenge and Gifts (§ 134 InsO, § 1664 BGB)
In insolvency and gift law, certain restrictions and rules apply to relatives, for example regarding the challenging of asset transfers (§ 134 InsO) or liability for gifts between relatives.
Significance in Criminal Law
Right to Refuse Testimony (§ 52 StPO)
According to § 52 of the Code of Criminal Procedure (StPO), relatives of an accused may refuse to testify. This right particularly serves to protect family relationships and prevents self-incrimination or incriminating close persons.
Aggravating and Mitigating Circumstances
In criminal law, family relationships can be recognized as mitigating circumstances; for example, in certain cases of offenses against relatives, the Criminal Code includes specific provisions or sentencing regulations.
Significance in Tax Law
Fiscal Code (§ 15 AO)
The Fiscal Code (AO) contains a central definition of the term ‘relatives’ and determines which persons qualify as relatives for tax purposes. This definition is relevant, for example, for gift and inheritance tax (facilitations in transfers), for tax-free grants, as well as in considering extraordinary burdens and support payments for tax purposes.
Abuse of Legal Arrangements (§ 42 AO)
Within the framework of § 42 AO (abuse of legal arrangements), contracts concluded between relatives are examined particularly critically. Here, the so-called arm’s length principle applies: they must be structured as they would be between third parties in order to be recognized for tax purposes.
Significance in Social Law
Needs-based Community under Social Code II
In social law, especially in connection with benefits under Book II of the Social Code (SGB II), relative status is decisive for defining the so-called needs-based community. Relatives form a needs-based community together with a person in need of assistance, which is crucial for the scope and assessment of benefits.
Duty to Cooperate and Requests for Information (§§ 60, 68 SGB I)
The duties to cooperate and provide information under the Social Code are closely based on the concept of relatives in order to properly assess benefit applications and requirements.
Significance in Labor Law
Special Protection against Dismissal
In labor law, relatives are relevant to special protection rules, such as special protection against dismissal for certain groups of people, parental leave, or exemptions for providing care to close relatives (§§ 3, 4 Nursing Care Leave Act, Family Care Leave Act).
Significance in Public Law
Official Liability, Bias and Grounds for Exclusion
For authorities in public administration, judges, and lay judges, the status as a relative is of central importance, especially in regard to bias and grounds for exclusion (§ 31 Administrative Procedure Act, §§ 41 ff. ZPO).
Further Legal Aspects
Data Protection and Confidentiality
Relatives sometimes have special rights regarding access to personal data, such as during hospital visits or in the context of advance directives. At the same time, they are particularly protected in cases of confidentiality obligations (e.g., in the healthcare sector).
Inheritance Law
In inheritance law, belonging to the group of relatives is crucial for statutory succession and compulsory share rights, as well as for inheritance tax.
Summary
The term ‘relatives’ is centrally defined and specified in numerous laws under German law. The exact determination always depends on the purpose and scope of the particular provision. Relatives enjoy special rights, protection mechanisms, and are treated separately in certain legal transactions across different areas of law. Precise classification and understanding of the term ‘relatives’ is essential in legal practice for the proper application and assessment of various matters.
Further Provisions and References
Key statutory references for the definition and scope of the term ‘relatives’ include:
- § 15 Fiscal Code (AO)
- § 11 Criminal Code (StGB)
- Code of Criminal Procedure (StPO) § 52
- Code of Civil Procedure (ZPO) § 383
- German Civil Code (BGB)
- Insolvency Code (InsO)
- Social Code (SGB), especially SGB I and II
These provisions each regulate the term ‘relatives’ within their specific scope of application and should be consulted for more in-depth consideration.
Frequently Asked Questions
When do relatives have a statutory right to information from authorities or institutions?
From a legal perspective, relatives generally do not have a general right to information from authorities or institutions unless there is an express statutory authorization. In data protection law, especially under the General Data Protection Regulation (GDPR), information about personal data is generally only permitted to the affected person themselves. Only under certain conditions—such as with a power of attorney, legal representation (e.g., for minors or persons under guardianship), or in the event of the person’s death—a right of access may exist. Provisions on this can be found, among others, in the BGB (German Civil Code), SGB (Social Code), StGB (Criminal Code), or in special laws such as the Patient Rights Act. Furthermore, physicians may be released from their duty of confidentiality according to § 203 StGB and § 9 MBO-Ä (Model Professional Code for Physicians) if the patient expressly consents or if a statutory exception applies.
Do relatives have the right of inheritance if there is no will?
If there is no will or contract of inheritance (statutory succession), §§ 1924 et seq. BGB conclusively regulate the order in which relatives inherit. First, the so-called statutory heirs of the first degree inherit, i.e., descendants (children, grandchildren, great-grandchildren) of the deceased. Next are the heirs of the second degree (parents and their descendants, i.e., siblings, nephews, nieces), and so on. Spouses and registered civil partners have their own right of inheritance (§ 1931 BGB), which competes with inheritance by blood relatives and depends on the marital property regime. If there are no statutory heirs, the estate passes to the state (state inheritance under § 1936 BGB). Spouses and civil partners are included among first and second-degree heirs and are accounted for in the inheritance share; the exact division depends on the degree of kinship and the marital property status.
What legal options do relatives have in the event of an involuntary placement under the PsychKG or BGB?
Compulsory commitment by authorities under the respective state Mental Health Acts (PsychKG) or under § 1906 BGB (deprivation of liberty) constitutes a serious infringement of a person’s fundamental rights. Relatives may object to such measures, but they generally need authorization, usually as legal representatives (guardians, custodians) or through an existing power of attorney. In addition to possible urgent applications for interim legal protection at the relevant courts, they may, where applicable, submit statements or provide expert opinions in guardianship court proceedings. The respective rights of participation and access to information are set out in guardianship law (§§ 1896 et seq. BGB) and in the state-specific PsychKGs.
What rights to information and participation do relatives have in medical treatments?
As a rule, relatives have no automatic right to information or co-determination in medical treatments if the affected person is capable of consenting. The physician’s duty of confidentiality under § 203 StGB generally prohibits the disclosure of medical information unless the affected person expressly releases the doctor or a power of attorney exists. In the case of incapacity or minority, special rules apply: legal representatives (parents, guardians) act and decide for the affected person, but the involvement of relatives is also precisely regulated by law in these cases. In particular, doctors are obliged to involve close relatives when determining the presumed wishes of the patient, but primarily only if the patient can no longer decide for themselves (see §§ 630d, 630e BGB).
Are relatives entitled to special leave in the event of the death of a family member?
A statutory right to paid special leave in the event of the death of a relative is not expressly stipulated in the Federal Leave Act (BUrlG). According to § 616 BGB, employees may, under certain conditions, be entitled to continued remuneration for a ‘relatively insignificant period’ if they are prevented from working for a personal reason—such as the death of a close relative—without being at fault. The relatives covered and the number of days are often regulated by collective agreements, works agreements, employment contracts, or workplace customs. Usually, the entitlement covers the death of a spouse, child, or parent, and sometimes also siblings. Typically, one to three days are granted.
Do relatives have the right to care leave or family care leave?
Relatives have statutory entitlements to leave from work to care for close relatives under the Nursing Care Leave Act (PflegeZG) and the Family Care Leave Act (FPfZG). According to § 3 PflegeZG, employees may take up to ten working days (short-term work absence) to organize or provide care in an acute care situation involving a close relative (wage replacement: care support allowance). Employees may take a longer leave for care activities—for up to six months (nursing care leave) and to reconcile work and caregiving (family care leave, up to 24 months at a minimum of 15 hours per week). Eligibility extends to those caring for close relatives, such as spouses and civil partners, parents, grandparents, children, parents-in-law, or siblings. The provisions contain notification and proof requirements as well as regulations on job protection and re-employment.
In what cases can relatives act as legal representatives?
The right of relatives to act as representatives is regulated differently under German law. Generally, relatives may only make legally valid declarations on behalf of another if they are authorized to do so by a power of attorney, guardianship order, or under statutory representation. For minors, parental custody (§§ 1626 ff. BGB) usually applies; for adults, court-appointed guardianship under §§ 1896 ff. BGB is required, unless other arrangements have been made. Since January 1, 2023, a limited spousal emergency representation right according to § 1358 BGB applies in acute health situations, under which spouses may represent each other in certain medical matters when the other is no longer capable of making decisions. Outside these special situations, actions taken by relatives are only legally binding if appropriate authorization exists.
