My pocket money, my stuff?

Fa
30

I've been saving for a long time and soon enough I've got my own laptop. Since I want to do this online because of Corona and other reasons, and I have already found an article there, I would have to pass the money on to my mother. That is not a problem, I'm still under 14 (13 to be precise) and therefore not conditionally legally competent. My only question is: Does my mother have the right to use this laptop because I bought parental control software against my will with my savings? I have this on my phone and it upsets me. It has an automatic website lock that even appears on this website with an orange traffic light and can even read what I'm looking for on Google or YouTube. This also includes which videos I see, which apps I download (she also gets a message every time), which apps I used when and how often. And then there's the app lock, a part in itself. I'm extremely careful, I don't go on illegal sites or anything. The only thing I would use the laptop for and not my cell phone is for writing and school things. And I really don't need that kind of control software. If I drove on the net I'm well informed and it is simply nothing to do with what I Google or which YouTube videos I watch or which apps I use. It would then just no longer feel as if it were my laptop if I had to be Google with every word that my mother read with me. Wouldn't the laptop then also be my property because my pocket money? Okay, that's it. Has become a bit long.

Ha

If your question is whether your mother is allowed to do this, we'll make it quick and painless:

YES, she can.

St

Does my mother have the right to download this laptop because I bought parental control software with my savings?

Yes, at least until you are of legal age… And if this backup upsets you, talk to your mother and convince her that you don't need this.

el

Yes, she has the right to install parental controls on the laptop.

lo

Your mother can determine that.

Alternatively, it can also prohibit the purchase, as you are not allowed to buy the laptop without parents

Am

If the money was given to you at your free disposal (i.e. Not for a specific reason, just typical pocket money) the contract is considered valid even without your consent see §110 BGB "Pocket money paragraph

A contract concluded by the minor without the consent of the legal representative is deemed to be effective from the start if the minor carries out the contractual performance with means that have been made available to him for this purpose or at free disposal by the representative or with his consent by a third party

As such, you can buy it without your parents' consent. (if you can pay for it immediately with your pocket money.

Am

Difficult question for installing additional software. She has the duty and the right to care for your safety and upbringing, but at the same time you have a right to privacy.

Am

She can't forbid the purchase if the child buys it with his pocket money (see §110 BGB)

A contract concluded by the minor without the consent of the legal representative is deemed to be effective from the start if the minor carries out the contractual performance with means that have been made available to him for this purpose or at free disposal by the representative or with his consent by a third party.

lo

A laptop does not fall under the pocket money paragraph. Parents can cancel the purchase at any time. So nobody will sell a laptop to a 13 year old without a parent

lo

No. A laptop does not fall under the pocket money paragraph…

Am

According to which paragraph? 110 has no limit on the amount from own resources is given with your own pocket money.

Am

According to which paragraph? 110 has no limit on the amount from own resources is given with your own pocket money.

lo

Nope. Young people are only allowed to buy things within the framework of a "pocket money amount". A laptop is definitely not one of them

lo

Again. Parents of the FS can cancel the purchase at any time!

Am

Again according to which paragraph according to §110 he has the right to make a purchase with his own means an amount is not provided by the law. He pays it out of his own pocket, with money that was given to him for free, so that it fulfills §110. This says that every contract (including that of a laptop) is valid even against the will of the parents. An amount limit is not provided.

Am

According to which paragraph. In the context of a "pocket money amount" there's nothing in Section 110 of the German Civil Code (BGB), only that the funds must be freely available to him. There's no limit to the amount.

lo

Below 18 you have limited legal capacity. Read the corresponding paragraphs. You can only buy what is within the allowance of the pocket money. Nobody will get that much pocket money. You are welcome to google it…

lo

What nonsense. Minors have limited legal capacity and can't conclude a purchase contract for expensive things

Am

Yes, close to this, §110 regulates the amount still has no limit… Read the paragraphs themselves…

Am

Minors have a limited contractual capacity - an exception is §110, which grants minors a contractual capacity from their own resources. He still does not have an amount limit… So the amount of his own expenditure is irrelevant. He applies.

lo

I know the paragraphs. The case law says here that cinema tickets, sweets or the like fall under this. But NOT a laptop

lo

Nope. There's a limit here. The paragraph applies to "little things"!

Am

Then give me a court ruling that stipulates that. Everything I find online claims things but never proves this (by the way, goes in both directions)

lo

It is enough to read wikipedia…

Am

So just as I read from the source Wikis, buying expensive items is also allowed

According to the "KidsVerbrauchAnalyse", children and young people mainly spend their pocket money on sweets, magazines and, when they are out and about, on food and drink. But according to the pocket money paragraph, kids are not only allowed to buy such small things, but also expensive ones - if they have saved the necessary money for them.

https://anwaltauskunft.de/magazin/leben/ehe-familie/was-duerfen-kinder-von-ihrem-taschengeld-kaufen

The whole thing can become a problem if the specific items are banned.

Am

But also here against the assertion of a legal situation without reference to a paragraph or court judgment that establishes this legal situation…

lo

What do you want with court judgments? There are no judgments here because the sales contract is pending ineffective until the parents agree or not. Then the contract is void. There's nothing to complain about. If you are unable to properly read the sources on the internet, then you should not give answers that you do not know. And before you get on with the next nonsense. I learned that in my studies.

Am

I also have a legal basis study behind me… Generally, if the legal status is indefinite, there's a lawsuit and a judgment. (also in civil law where we're here) These judgments are what legally binding are not interpretations. All I want is the judgment that lies behind the interpretation (which I now assume exists) …

Am

Or to be more precise we argue about the interpretation of an indefinite legal term. This must be filled by paragraphs, the Duden or courts. The term "averaging" is exactly what it means. As can be seen from the wiki source, this is not only pocket money but also savings, even if it is expensive. A limit for this may exist, but it must then at least be given as a fundamentally existing one. A paragraph or a court decision does not mean that "the website claims it is so"…

In addition, I learned at least on the first day of my studies that Wikipedia is not a valid source. As practical as it is, it doesn't define the actual facts…

lo

But then you should learn to find the corresponding sources on the Internet yourself… I just wanted to make it easy for you with wikipedia. Your legal basis was probably not that sufficient, otherwise you would have recognized the "problem" of your argument a long time ago. But my time is too good for people who have no plan…

Am

Where is the problem? The legal capacity is limited yes but then reopened with §110 It prohibits installments, contracts / debt etc. But not the acquisition with own funds even if the funds were obtained through savings…