News:

Family law
A restriction or exclusion of visitation rights is only then ordered if, according to the specifics of the individual case, the protection of the child makes this necessary, in order to prevent endangering the child’s emotional or physical development.
The possibility alone that an overnight stay of the three year old child with the parent holding visitation rights is more detrimental than useful is not grounds for refusing the request for an overnight stay.
Ruling of the Federal Constitutional Court of 26.9.2006- 1 BvR 1827/06

The Federal Constitutional Court ruled with the verdict of 28.2.2007 – 1 BvL 5/03 that it is compatible with the constitution that the cost of artificial insemination only has to be paid for by statutory health insurance if those couples wanting artificial insemination are married to each other.

The Federal Constitutional Court ruled with the verdict of 13.2.2007 – 1 BvR 421/05 that fathers are not entitled to carry out a secret paternity test. The Court holds the view that it is compatible with the constitution if the courts reject the use of secretly executed expert assessments of genetic descent as evidence due to violation of Art. 2 I i.V. with Art.1 I of the constitution concerning the protection of the rights of the child concerned to informational self-determination.

On 1.07.2007 the new maintenance reform comes into force. The basic principle of divorced parties being responsible for themselves is observed more strongly by the courts within the framework of post-marriage maintenance cases.
The winner of the reform is the second wife if she looks after children. The second wife was greatly disadvantaged with the current legal situation.

Inheritance law
The Minister for Justice, Zypries, has introduced a paper on the law concerning the legal share in inheritance cases.
Until now, a withdrawal of the legal share through a will was only possible if the party entitled to the legal share ”made an attempt on the life of“ or severely mishandled the bequeather. In future, a legal prison sentence of one year without probation should suffice for disinheritance, “if it is unreasonable for the bequeather to bequeathe his legal share to the sentenced person“.
Disinheritance for reasons of “a dishonourable and immoral lifestyle“ is to be dropped.

The capital transfer tax allowance for spouses is currently 307,000 Euro, for children 205,000 Euro and for grandchildren 51,200 Euro.
The legislature allows for these allowances to be exhausted every 10 years within the framework of gifts while the persons providing the gift are still alive.

Labour law
The Federal Labour Court (BAG) ruled in the verdict of 10.05.2007 – AZR 45/06 that inheritors only then have a claim to the payment of a severance payment from an employment contract if the employee dies after the period of notice.
In the case in question, the employee and employer had agreed on the payment of a severance payment EUR 30,000 which was to become due after the period of notice had expired. The employee died before the period of notice expired. The inheritors, in this case the parents, did not receive the severance payment.