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Court: Cuckolds can take back gifts to wives
Photo: DPA

Court: Cuckolds can take back gifts to wives

Published: 29 Dec 2012 15:32 GMT+01:00
Updated: 29 Dec 2012 15:32 GMT+01:00

The Federal Court of Justice (BGH) published a ruling on Friday in the case of a qualified craftsman from the northeastern state of Mecklenburg-Western Pomerania, who met his wife while she was working as a prostitute.

In 2000, a full five years before they got married, he officially signed over to her the right to live in his home for free - even in the case of a separation. He also pledged to move out of his home if that were to happen.

In return, she promised to give up prostitution. The couple married in 2005, only to divorce in 2008, sparking a legal row over their home that ended up before the federal court.

The man had discovered that his wife had secretly taken up prostitution again only a year after signing away his home. She is also said to have started a relationship with her pimp.

The man cancelled his ill-advised gift, only to be sued by his former wife, who demanded he move out of the house. A regional court initially sided with the woman, on the grounds that the discretion with which she had carried out her illicit trade meant that he had not been publicly humiliated.

This ruling has now been overturned by the BGH, on the grounds of "gross ingratitude." The court ruled that legal gifts can be taken back if the donor's expectations - in this case, that the woman would give up prostitution - have been violated.

The Local/DAPD/bk

The Local (news@thelocal.de)

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Your comments about this article

16:42 December 29, 2012 by The-ex-pat
The court ruled that legal gifts can be taken back if the donor's expectations - in this case, that the woman would give up prostitution - have been violated.

I wonder if that goes for political donations where expectations have been violated ..................Somehow I don't think so.................
19:36 December 29, 2012 by wood artist
@The-ex-pat

Although they don't say specifically, I suspect the court was looking at the situation as a "normal" contract. In that case, each party promised something, with the consideration (the house) specified. One party failed to perform as promised (or maybe she performed a little too much...:-).

In any case, a political donation, although made with the same or similar hopes, doesn't actually have a promise from both halves that is solely within their control. I could promise you I'll work for "better government" or "more freedom" or even "lower prices" but I can't personally deliver that, nor, given that "I'm a politician" should you really expect it, so it's a different sort of deal. On the other hand, I think you have a great idea there, and political donations conditional upon performance would really be a game changer! I sorta like that, especially in the US.

wa
19:44 December 29, 2012 by The-ex-pat
Irony and humour are always thin on the ground at the Local................;)
20:31 December 29, 2012 by www.emungus.net
GERMAN BRIDES : MEN-PREDATORS?

This is a funny interesting Rumba! Sure, one has to pay Germany a visit -actually if you have ever set foot on France, England or Germany, say you have not seen Europe yet . The land of Mozart is not only good at symphonies, it also good at tales between women and men. This guy might experience emotionally bad treats, he was almost savaged. Well, let us carry on soft lest we may hurt some feelings and thereby running the risk to be singled as immoral for not being compassionate with the donor. But believe it people, there are no saints in the planet of sluts and prostitutes -and obviously this woman is not one, the donor knew it when he met her. The guy inflated himself with too much love to the girl that he finally burst into pieces. Here comes advice to men : daily life learns and discourages to caressing a dove too much since it may have mare then fly away. Furthermore, men do not own women : women possess men. What really went between the pair, was it a donation or a leasing? The article mentioned that the donor signed over to her the right to live in his home for free -this not a giveaway.The woman is then nothing but a greedy men-predator (as there are many, Germany seems to have much more of this kind) . Unsatisfied desires never get satisfied. A saying goes : chase away the natural and it returns at a gallop. This female may go ahead and enjoy her living as a prostitute, but not in others home ; she probably will find another playground elsewhere. Everyone needs a mate, above all in time of freezing seasons; but not at any price : this girl is like an animal of prey! She is probably a runaway, this kind of species often never back off their sexual lusts. Men be on your guard, it looks a ball of fire is on your way! Definitely, we have to get stranded in Germany.
12:50 December 30, 2012 by Englishted
@ www.emungus.net

@ The-ex-pat

"Irony and humour are always thin on the ground at the Local................;)"

and melting fast.
00:03 December 31, 2012 by www.emungus.net
@Englishted

Dear, Englishted thanks for your post ! Please unfold your idea, ¦#39; guess you do not blind, and certainly not illiterate, right?... What does it mean? Go ahead. By the way, have a happy one !
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