Vow

Concept and legal classification of the vow

Das Vow (Latin votum) constitutes a legally binding promise under German and European law, which is voluntarily made and relates to the fulfillment of a specific action, omission, or performance. In contrast to an oath, the vow usually does not include an invocation of a higher instance or a religious commitment, but is limited to a solemn and binding promise to an institution, a person, or the public. The vow can play an essential role in public law as well as in private law and canon law.

Historical development of the vow

The vow is a multifaceted legal concept with origins in ancient legal history. Already in Roman law, voluntary (religious or secular) promises were referred to as votum and could have both contractual and sacral binding effects. With secularization, the vow increasingly lost its religious character and gained importance in the state and social sphere.

Significance of the vow in private law

The independent obligation

The German Civil Code (BGB) does not contain a separate section on the vow, but certain voluntary commitments are considered binding declarations of intent or serve as a basis for obligations. The vow can be legally effective within the framework of contracts, promises of donation, obligations to refrain, or as an independent promise, provided that the general prerequisites for a legal transaction are met.

Requirements and distinction

A private law vow is generally

• a declaration of intent made seriously and directed to one or more persons,
• which refers to a future performance, action, or omission,
• and is recognized as an obligation under the law.

Non-binding declarations of intent or mere favors do not fall under the category of a vow.

Example: Promise of donation

A classic private law vow is found in the law of donation (§ 518 BGB): A promise of donation is a unilateral vow obliging the donor to transfer or provide something, provided that the formal requirements are met.

Legal effect and sanctions

The binding effect of a vow may result in

• contractual,
• quasi-contractual
• or tortious

consequences. In the event of non-performance of the vow, there may be a liability for damages or, where applicable, a claim for performance.

Public law vows

The public vow in government service

In public law, the vow carries special significance when assuming civic or official duties. Key areas of application are

• the solemn vow by female and male recruits of the German Armed Forces,
• the vow by civil servants at the start of their service,
• the parliamentary vow when establishing a legislative body.

Statutory regulations

The relevant legal provisions—such as § 9 Soldiers Act or § 38 Members of Parliament Act—determine the content, form, and legal effect of the vow. For example, the Bundeswehr vow obligates soldiers to loyalty and faithfulness to the constitution.

Legal consequences

A public law vow establishes a special duty of loyalty and, if intentionally breached (e.g., duty of remonstrance, confidentiality), can have both disciplinary and criminal consequences.

Distinction from oath

In contrast to the oath, the vow generally does not address any religious or ideological conviction, making it a secular alternative to the oath and accessible to persons who, for reasons of faith or conscience, do not wish to swear an oath.

Ecclesiastical vow

In canon law (e.g. in the Codex Iuris Canonici, CIC), the vow is regarded as a voluntarily assumed, solemn self-commitment to God or the Church to perform or refrain from a good, possible, and better act.

Types of ecclesiastical vows

• Public vow: Accepted by a religious community.
• Private vow: Known only to the promising person and to God.

Legal effect

Ecclesiastical vows are binding within the internal area of the Church. For serious reasons, one may be released from a vow (dispensation).

Vows in other European legal systems

The vow is also found in the international context, for example under Swiss, Austrian, or Italian law, with content and legal effect regulated according to each country.

Examples

• In Austria, the vow is a component of numerous official inaugurations.
• In Switzerland, the vow is used as a substitute for the oath in public service.

Formal requirements and modalities

Oral and written making of the vow

Depending on the applicable rule, the vow is to be made

• orally,
• in writing
• or in solemn form before an authority or witnesses

.

Voluntariness and validity

The validity of a vow generally requires voluntariness, legal capacity, and determinability of its content. Duress, threat, or mistake may lead to nullity or contestability.

Termination and revocation of the vow

A vow ends

• upon fulfillment of the promised performance,
• by the passage of time (in the case of a limited-term vow),
• by revocation or release, if this is expressly permitted (e.g. in the case of a promise of donation by revocation pursuant to § 530 BGB)
• in canon law by dispensation.

Sanctions for breach of the vow

If a legally valid vow is not fulfilled, different sanctions apply depending on the area of law:

• Civil law: claim for performance, damages
• Public law: disciplinary proceedings, loss of office
• Criminal law: in the case of intentional breach of duty, possible criminal prosecution
• Canon law: exclusion from communities or imposition of penance

Summary

The vow is a significant legally binding promise that has diverse fields of application in private, public, and ecclesiastical law. Its legal effect depends on the respective legal provisions as well as the form, content, and voluntary making thereof. In contrast to the oath, the vow does not include a religious affirmation, but it can be both legally binding and subject to sanctions. Its specific design varies according to the area of law and the group of persons involved.

Frequently asked questions

What are the legal consequences of the vow in the Bundeswehr?

The vow in the Bundeswehr is a solemn pledge by soldiers to the Basic Law and the laws of the Federal Republic of Germany. Legally, it establishes a special duty of service and loyalty to the employer. Although the vow itself is not a legally binding declaration of intent in the sense of civil law and does not have independent legal effects regarding the employment relationship, it is—together with the declaration of commitment—the basis for the special duties and disciplinary status of soldiers under the Soldiers Act (SG). A breach of the duties expressed in the vow may result in disciplinary, administrative, and in certain cases also criminal consequences.

Is the vow legally binding or can it be waived?

From a legal perspective, the vow is mandatory for voluntary military service personnel, soldiers with fixed-term contracts, and professional soldiers as specified in § 9 Soldiers Act. However, this is not a contractual obligation in the sense of civil law, but an administrative act that is significant in the context of administrative classification. Refusal to take the vow has legal consequences and may in individual cases result in the termination of the service relationship.

What is the legal significance of the vow compared to the official oath?

While the vow is the official declaration by soldiers to reaffirm their duties, the official oath for civil servants and certain officeholders is a legally prescribed, distinct form of obligation. Legally, the vow for soldiers primarily expresses their loyalty and duty of service. The difference is that violations of the vow are particularly subject to disciplinary action, but not necessarily criminal prosecution—unless they simultaneously constitute a criminal offense under the Criminal Code or the Military Criminal Code.

Can the vow be refused on grounds of conscience?

The Basic Law of the Federal Republic of Germany protects freedom of conscience under Article 4 paragraph 1. In practice, this means that conscripts and voluntary military service personnel can refuse to perform military service—including the vow—on grounds of conscience. Legally, such an application for conscientious objection should be submitted in good time. As long as this process is not conclusively decided, the taking of the vow can be suspended. In special cases, the vow can also be made in an adapted form or accompanied by an additional statement.

What are the consequences of breaching the vow?

A breach of the assumed duties under the vow can have various legal consequences. From a disciplinary perspective, measures including dismissal may be considered (§ 23 et seq. Soldiers Act, Military Disciplinary Code). If there is also criminally relevant conduct, investigations under the Criminal Code or Military Criminal Code may additionally be initiated, for example for insubordination or desertion. The legal assessment depends on the individual case and the degree of the breach of duty.

Is the vow taken into account in administrative or civil courts?

The vow itself does not have an immediate binding effect in civil or administrative law. However, in proceedings before administrative courts, it is considered as an expression of special official duties and employment relationship. In disputes about administrative measures, such as disciplinary action for breaches of duty, the taking or breach of the vow may be cited as a relevant circumstance—thus, it forms an important reference point for interpreting and assessing duties and misconduct arising from the employment relationship.

Does the vow need to be repeated if status changes (e.g. from voluntary military service to fixed-term soldier)?

Legally, the vow is to be taken when the service relationship is first established (§ 9 Abs. 1 Soldiers Act). When changing status—for example, from voluntary military service to a soldier on fixed-term contract—the vow does not need to be repeated as long as there is no interruption in the service relationship, since the commitment is already valid upon initial taking. Only if the service relationship is terminated and subsequently resumed, is a new vow required.