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Home Warning

Christmas: Claim against parents?

7. November 2022
in Warning
Reading Time: 1 min read
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religion 3817495 1920

After the European Court of Justice ruled that, in principle, there could be a claim against the church for unfulfilled prayers, I wondered today, on the 4th of Advent, whether this also applies, for example, to Santa Claus or to parents?

And my clear result: Yes.

The ECJ wrote:

Faith communities and churches recruit their members with the promise that a higher being – in this case God – will hear the prayers of the faithful. Therefore, in case of non-fulfillment of this oral contract, the respective institution as a whole is liable.

The same applies under German law. Here the whole follows from § 661a BGB. Accordingly, commitments also give rise to a right to performance. The legal idea also exists in 660 BGB.

The subsumption under this norm, according to which even a unilateral declaration of intent can be binding, leads to the fact that a promise made, for example, by parents, grandparents or Santa Claus becomes an enforceable legal claim, even if one, as a child, a spouse or any other person, does not directly accept this “contract”.

As a lawyer, I can therefore only advise: If promised gifts are not delivered by 24:00 tomorrow, contact me. I like to sue parents, step-parents, grandmas, grandpas or spouses, in doubt even until the end of this year.

So, it’s best to think again carefully if and when such promises were made. I am then happy to help!

Tags: AGBKILawsuit

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  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
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    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
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    • Blockchain and web law
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