With 18 forbidden etc?

Sq
17

Hey I'll be 18 in just 7 months… And I have to hand over my devices (cell phone, tablet, laptop, and consoles) before I go to sleep. So I just wanted to ask if I'm 18 when I'm 18 (still living with my parents) and have to hand over my equipment and if they can give me some prohibition?

Lo

Clarify this with your parents. When I was 18, I also said that from now on I would like to decide myself when to go to bed, before that I always had to go to bed at 11 pm at the latest.

ma

At the age of eighteen, you are of age and you are free to choose what you do.

Ga

That is a common misconception

ma

Of course, only in the context of applicable laws.

Ga

Yes and no.

At sih you are 18 years of age and could do whatever you want. However there exists a BUT

As long as you live at home, you are subject to the rules of your parents. If you can't or will not comply with these, you are free to finance your own life and look for your own 4 walls.

That being said, as long as your parents have bought cell phones and co, theirs are their devices and they allow you to use them only intermittently

Ga

I did not mean that - see my answer to the question for a more detailed explanation

ma

That's not quite true. If the parents buy these devices and give them to their child (which is usually the case), then the child owner and owner of this item (§516 BGB). Accordingly, one could claim there at most the home right of the parents. Here, too, it has to be considered that the rules are in the frame and are educationally useful.

Ga

A child may not possess valuables that exceed the allowance ;-), the possession remains there even if it is, e.g. A Christmas present is with the parents. Even if the child buys a phone, etc. From saved money, the parents have bought it because a child can't make a contract. Of course, in most families it is handled so that what the children buy is also treated as their property, but strictly speaking…

ma

Not correct. The pocket money paragraph (§110 BGB) refers to the acquisition of property, not the possession. Please inform better, before you post here half knowledge!

Ga

If I can't buy something, I can't own it ;-)

ma

But. When you get an item, it is not a "purchase" but a "gift". Both terms are defined by law and are not synonyms!

According to the https://www.juraforum.de/...definition in § 516 (1) https://www.juraforum.de/...setze/bgb/, the donation is a gratuitous gift that enriches someone else's wealth with another Donation is usually made by hand, but can also be in the form of a gift of donation. The donation is in any case from the so-called https://www.juraforum.de/...uwendungen to distinguish.In addition, it should be noted that even a gift is generally taxed above a certain amount.

https://www.juraforum.de/.../schenkung

Za

That's exactly how it is

ra

In a family laüfz fas, what the parents think is right. Even if someone with 18 still financially dependent on the parents. Since dry legal texts bring nothing.

ma

Not correct. Parents are not above the law, that is, the questioner could theoretically complain.

ra

Not wrong at all. Yeah, how unrealistic! The FS is dependent on the father's money and sued him.

ma

Yes, wrong! Just because it's unrealistic, it's not wrong. This is about the theory. Whether this is realistic in practice, is on another paper.

ra

Just!