DR. JÖRG SCHRÖCK
in general education
- What kind of support do adult children in general education receive??
Between child maintenance for > underage children and child maintenance for > adult children persist > serious differences. A legal Zwitterstellung take so-called. privileges adult children on. These are adult children who are still in general education.
author: Dr. Schrock – Law Firm for Family Law
signpost to privileged children of full age
Left & literature
What is " general education"?
What "general education" in the meaning of > 1603 para.2 p.2 BGB, the legislator does not explain. Uncertainties prevail here in practice again and again.
General school certificate & Vocational training qualification
What’s under the term "general education" is to be understood, the provision of § 1603 para. 2 p. 2 BGB can not be inferred. One can subdivide schools into those whose degree access to one vocational school allows and so-called schools, the completion of which allows the admission of a profession. Who is in schools of the first kind, is usually in general education in the sense of § 1603 Abs.2 S.2 BGB. The delimitation of one type of school from the other can sometimes be difficult if it is a continuing one general education schools is the elements of a vocational school contain. Here the case law finds the demarcation with vote to the rules of the BAföG.
Does BAföG finance the general education?
That’s not the case (> More ). In the light of this, it seems appropriate, in the interests of a uniform application of the law, to use the concept of general education of § 1603 para. 2 sentence 2 BGB using the principles developed in accordance with § 2 (1) No. 1 BAföG (Häußermann in FamRefK § 1603 No. 8; Erman / Holzhauer BGB 10th edition § 1603 § 37; Schwab / Borth Handbook of Divorce Law 4th ed. Kap.V Rdn. 129 fn. 45; OLG Zweibrücken OLG-Report 2001, 15). This point outlined here for the distinction of general education and vocational school education is found in the case law.
What are privileges adult children?
What counts for privileged adult children?
OLG Hamm, Judgment of 19.07.2002 – 11 UF 432/01
term "general education"
(Quote) "The concept of general education in § 1603 II 2 BGB is after the jurisprudence of the Federal High Court (BGH FamRZ 2002, 815f, 816, see also Graba, FamRZ 2002, 715) using the zu-> § 2 I No. 1 BAföG developed principles and then fulfilled only under the following conditions:
- For one thing must Goal of the school visit – in the contrast to a specific vocational training – the acquisition of a general school graduation as a prerequisite for admission to a vocational training or to attend a university or college.
- In terms of time, the school attendance must Worker of the child fully or at least predominantly use, so that one employment to secure their own living next to it not possible is.
- Finally, one has to Participation in a controlled lesson present, i. a steady and regular education not left to the student’s decision."
(Quote) "According to the case law of the Federal Court of Justice, general education is to be distinguished in three directions: according to the educational objective, the student’s temporal demands and the organizational structure of the school (BGH FamRZ 2001, 1068, FamRZ 2002, 815). The aim of the school visit must then be the acquisition of a general school leaving certificate as a prerequisite for admission to a vocational training or a visit to a university / college (BGH a.a.O.). Unlike when attending a grammar school, a Real, a comprehensive, a middle, a Haupt- or Fachoberschule this requirement with a double-qualifying school education, which takes place after an already completed school leaving, not given. In addition to general training contents, the students of the vocational college are already being given training on a specific job profile (see KG FamRZ 2003, 178; OLG Koblenz NJWE-FER 2001, 176; OLGR Koblenz 1999, 284; OLG Dresden, order of 01 September 2004 – 21 UF 515/04 -, marginal 5). Also in terms of time, the training is characterized by school-related internships and is therefore not primarily school-based but also operationally organized. The attainment of the Fachhochschulreife can, but does not have to be the goal of the education and requires an additional examination in mathematics and a foreign language (see curriculum Höhere Berufsfachschule für Sozialassistenz http://berufliche.bildung.hessen.de:"The aim of the training at the two-year higher vocational school for social assistance is to provide basic skills for further education at technical colleges and the knowledge, skills and abilities required to be responsible in socio-pedagogical and social care institutions for instruction and, to a limited extent, responsible his. In accordance with the education and training mission that is common to all schools, it empowers students to take responsible action in shaping their work and society. The training concludes with a final exam. Anyone who has passed the final exam is entitled to the professional title "State-certified profession1 / state-certified profession1" respectively")."
(Quote) " The aim of schooling must be the acquisition of a general school leaving certificate as a prerequisite for admission to a vocational training or a visit to a university or college, so at least the Hauptschulabschluß, the Realschule, subject-specific or general higher education. This requirement is always fulfilled when attending the Hauptschule, the Gesamtschule, the Realschule, the Gymnasium and the Fachoberschule. Different to be assessed is the visit to a school, in addition to general training content already one on one concrete job-related training mediated."
BGH, Judgment of 9 January 2002 – XII ZR 34/00
Here: Visit of the two-year higher vocational school for economics and administration – higher commercial school
(Quote) "The concept of general education is to be interpreted in the interest of a uniform application of the law using the principles developed pursuant to section 2 (1) no. 1 BAföG. After that, a limitation of the term has to be made in three directions: after training objective, of the temporal stress of the student and after the organization structure the school (Senate judgment of May 10, 2001 – XII ZR 108/99. The aim of schooling must be the acquisition of a general school leaving certificate as a prerequisite for admission to a vocational training or a visit to a university or college, so at least the Hauptschulabschluß, the Realschule, subject-specific or general higher education. This requirement is when visiting the secondary schools, of the comprehensive school, of High school and the Fachoberschule always fulfilled. To judge differently is the visit of a school, which mediates in addition to general training contents already on a concrete occupation picture related training."
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