New legal form
Key points for a community of responsibility presented – that is planned
Senior living communities, for example, could make use of the community of responsibility
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According to plans by Federal Justice Minister Buschmann, shared apartments should also be able to assume legal responsibility for each other. The so-called community of responsibility makes it possible to “create something like an elective kinship.”
Federal Justice Minister Marco Buschmann (FDP) presented the key points for the so-called community of responsibility. Target groups include seniors or single parents who live together and want to help each other, Buschmann said on Monday. Their relationship should be secured via a new legal form.
It is something “completely different” than a marriage, emphasized Buschmann. The members of such communities did not want to be united in love in all respects. That’s why this isn’t a “light marriage”, but rather makes it possible to “create something like an elective kinship”.
Communities of responsibility should be sealed before a notary
He believes that such legal protection is good for society, said Buschmann. However, everyone is free to make use of the new option.
According to the federal government’s plans, the communities of responsibility should be sealed in front of a notary; a contract must be concluded for this purpose. The Union criticizes the fact that interested parties with a contract will incur notary costs.
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Maximum of six contractual partners – no tax, inheritance or residence law consequences
According to the key points presented by Buschmann for a law for the community of responsibility, this should consist of a maximum of six contractual partners, all of whom must be of legal age. The community of responsibility should have no impact on the relationship between parents and children and it should also not have any tax, inheritance or residence law consequences.
The SPD parliamentary group welcomed the key points, but called for protection against exploitation to be ensured within the legislative process. The SPD’s responsible rapporteur, Jan Plobner, referred to a similar law in France. It can be observed there that women continue to take on the unpaid care – the care work – and are then left financially out in the cold when the other side withdraws unilaterally and unforeseen from the community.
“This shouldn’t happen to us in Germany,” explained Plobner. The SPD will therefore work to ensure that security mechanisms are built into the law. “Taking responsibility for other people is a great thing – also socially. But its legal structure must protect against exploitation.”
Queer representative also sees progress for queer people
The Federal Government’s Queer Commissioner, Sven Lehmann (Greens), sees the community of responsibility as progress for queer people too. “For queer people, the community of responsibility becomes an opportunity to legally protect their chosen family,” the Parliamentary State Secretary in the Federal Ministry for Family Affairs told the newspapers of the Editorial Network Germany (RND) on Monday.
“For lesbians, gays or transgender people, it is often the chosen family that has taken the place of the family of origin due to rejection after coming out,” explained Lehmann. They supported each other in everyday life and in emergencies.