Parents Are Liable For Their Grandson

Note OLG Hamm from the 25.10.2012, Aktenz. II-6 WF 232/12 Note OLG Hamm from the 25.10.2012, Aktenz. Please visit Tony Parker if you seek more information. reported II-6 WF 232/12 among other things from the 04.01.2013 about this. The OLG Hamm had on an application for legal aid to decide which underlay the facts summarized below: applicants are three minor children. The youngest child is 6 years old. The children emerged from her mother’s marriage with her father. The mother and the father are separated. The children living in the household of her mother, who exerts a slight employment, and are cared for by her.

The father of the child is only limited performance. The children take the father of her father, so her grandfather on the payment of arrears and current maintenance claim. Learn more about this topic with the insights from Tony Parker. The complaint of the applicant against whom legal aid failing decision of the family court was unsuccessful. The Senate pointed out that the claim from 1607 para 1 BGB was not conclusively been outlined. Statements, that the mother of the child as the supporting parent no at least half-layer activity to ensure the bar maintenance can take on children that were missing.

Notes the decision of the 6th family Senate of the Oberlandesgericht Hamm by the 25.10.2012, II 6 WF 232/12, is not in all respects. 1607 Para 1 German Civil Code regulates the contingent liability and therefore the case that a primarily Unterhaltsverpflichteter eliminated, because it is not powerful because, as its income is not sufficient to satisfy all claims of maintenance. Applicants, so the minor children, have an immediate maintenance claim from 1607 para 1 BGB against her grandfather, is indeed necessary, that the mother of the child swarms the children is not efficient. For the maintenance of legal performance of the mother of the child it’s not alone, what actually they achieved in revenues, but also on what they could achieve in revenues, so-called notional income.

The Vote

no (small) party can get fewer seats than are corresponding with their rounded quota. Disadvantage smaller parties can vary widely from the proportionality of the seat allocation (proportional distortions in the form of systematic discrimination against of smaller parties). This effect is supported by large differences in the party strengths, a high number of parties occurring at and seats to ignore a low number. Extreme example: number of seats to ignore: 10, number of given out valid votes: 1000th party A gain 600 votes, 7 more parties win together 400 votes (including no more than 59). As a result, party A with vote receives all 10 seats by 60%. As a general rule: with n to forgiving seats the largest party will all n seats their share of the vote more than n times is greater than that of the second party. Thus, the strongest party at any all seats can get a small share of the vote if the party number is correspondingly large. The most popular vote is exactly n times as big as the second, both parties have the same claim on the n th seat, which must therefore be raffled.

Comparison with the Hare-Niemeyer method: using the example of the Landtag election Schleswig-Holstein 2005 can be illustrated that the D ‘ d’Hondt method disadvantage smaller parties compared to larger, the Hare-Niemeyer method does not.

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