• Germany edition
Society
Photo: DPA

Court: Cuckolds can take back gifts to wives

Published: 29 Dec 12 15:32 CET | Print version
Online: http://www.thelocal.de/society/20121229-47041.html

A woman who returned to her former profession as prostitute and had an affair with her pimp has been forced to return a house given her by her former husband - on the grounds of "gross ingratitude."

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

What do you think? Leave your comment below.


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 !
ADD YOUR COMMENT   (YOU MUST LOG IN OR REGISTER TO MAKE A COMMENT)
Today's headlines
Photo: DPA

SAP to hire hundreds of autistic IT experts

German tech company SAP said on Tuesday it wants to hire hundreds of people with autism to work as software testers and programmers. The search has, it said, begun for people “who think differently from others.” READ () »

Photo: DPA

States to toughen laws on drunken cycling

German state interior ministers are hashing out a plan to lower the amount of alcohol cyclists can legally consume before getting on their bikes. The measures come as figures show one in 10 bike accidents are the result of drunk riders. READ () »

Photo: DPA

The Doors keyboardist Ray Manzarek dies at 74

Ray Manzarek, co-founder of legendary 1960s rock band The Doors and creator of their signature organ sound, died on Monday in Germany after a long battle with cancer, his manager said. He was 74. READ () »

Photo: Nike/DPA

England fans decry 'German' football jersey

The new jersey for England’s national football team has sparked the ire of English fans for looking too much like the kit archrivals Germany wore when they won the World Cup in 1974. READ () »

My German Career
Photo: Graham Appleby

'My friends call me travelling x-ray salesman'

In the latest installment of My German Career, The Local spoke with New Zealander physicist Graham Appleby about Hamburg's high intensity x-ray beams and life in Germany's scientific community. READ () »

Photo: DPA

Germany seeks 'visible' Kosovo-Serbia progress

Germany has called for "visible" progress in implementing a landmark deal between Serbia and Kosovo before securing Berlin's backing for Belgrade's bid to join the European Union. READ () »

Photo: DPA

Cooler and wetter week ahead

Rain in the west, sunshine in the east - Germany's weather was divided on Monday, as the German Weather Service (DWD) warned of an unsettled week ahead. READ () »

Photo: DPA

20,000 Goths gather in Leipzig

More than 20,000 Goths from all over the world gathered in Leipzig in eastern Germany over the Whitsun weekend to celebrate all things dark and Gothic. READ () »

More Society
RECEIVE OUR NEWSLETTER AND ALERTS
Highlights
Photo: DPA
SOCIETY »
20,000 Goths gather in Leipzig
Photo: DPA
LIFESTYLE »
Harmless pink fun or a bad influence on young girls? A life-size Barbie dream house attraction opened in Berlin to protests including a topless woman burning a doll in effigy.
Photo: DPA
OPINION »
At his final heartbeat I knew I had to act. Our German of the Week is Tina K., who, after her brother was beaten to death, has been campaigning for an end to street violence in Berlin.
Photo: DPA
LIFESTYLE »
The Local List: Ten German words with double meanings
Photo: DPA
LIFESTYLE »
The Local's English-language movie listings for Germany
Photo: DPA
SOCIETY »
Conflict is part of the fabric of Berlin, but the city's "Peacemaker" soothes things over. Jessica Ware tracked him down for a chat.
Photo: DPA
OPINION »
It might be politically toxic, but it's time to hit the brakes on Germany's reckless driving culture, argues The Local's Ben Knight.
Photo: M&S
SPONSORED ARTICLE
Move over Berlin: why London is Germany's new fashion capital
Photo: Private
OPINION »
For this edition of My German Career, former US military man turned armed guard Keith Alban talks about leaving home in search of a better quality of life.
Photo: Katie Needs
SOCIETY »
Offseason, Germany's largest island Rügen might not top many peoples' list of dream holidays. But as The Local discovered, its quiet beauty makes it worth a trip to escape city bustle.
Photo: DPA
OPINION »
Confused about the hundreds of euros missing from your pay packet? Don't panic - the latest in The Local's JobTalk series looks at German social security payments.
Photo: DPA
LIFESTYLE »
Is that your Handy ringing? This week's Local List takes a look at 12 misused English words in German.
Photo: A Peoples' Picture
LIFESTYLE »
An American is stirring up creative spontaneity in Dresden by leaving disposable cameras around for strangers' use, before collecting them and displaying the results online.
Photo: Private
LIFESTYLE »
After it was revealed that Angela Merkel had a Polish grandfather, Matthew Luxmoore set out to find where she could connect to her roots in Berlin's sizable Polish community.
Photo: DPA
LIFESTYLE »
Why isn't everyone wearing Lederhosen? It's easy for foreigners to stereotype Germany, but this week's Local List is dedicated to debunking common myths.
Photo: Private
OPINION »
The last time Si Liberman saw Berlin, he was thousands of feet in the air on a US bombing raid over Nazi Germany. Nearly seven decades later, he returned to the city.
Photo: DPA
OPINION »
What are the hidden rules of etiquette foreigners need to watch out for while doing business in Germany? The Local's JobTalk series has tips for keeping on the right side of your colleagues.
Photo: DPA
NATIONAL »
All of The Local's 'Germans of the Week' so far
Photo: DPA
NATIONAL »
Every town and city from The Local's My Germany series
Furniture Leasing Corporation
SPONSORED ARTICLE
The furniture-free way to relocate to Germany
Photo: Henrik Trygg/imagebank.sweden.se
SPONSORED ARTICLE
Top five reasons to enrol on an Executive MBA



Latest news from The Local in France

More news from France at thelocal.fr

Latest news from The Local in Norway

More news from Norway at thelocal.no

Latest news from The Local in Sweden

More news from Sweden at thelocal.se

Latest news from The Local in Switzerland

More news from Switzerland at thelocal.ch

See all ads | Join the Marketplace

Jobs in Germany, in English

816 jobs available
600 new jobs this week
117 new jobs today

ALL JOBS »

Blog
Essentials

Dating
Looking for your own blonde bombshell? Or is the strong, silent type more your style? Find a German sweetheart here.

Weather
"After clouds comes clear weather," say the Germans. But what about after that? Find out in The Local's weather section.

Blog
German stuff that's distracting us today.

Noticeboard
Whether you want to buy, sell, hire, announce or promote something, here's the place to do it - completely free of charge.

Discuss
Debate the news, ask for advice, make friends - or just let off steam.

Search News


Register

Register now for:
> Free use of noticeboard
> Special discounts
> Weekly news roundup
> Unlimited use of discuss

REGISTER FOR FREE »

News from the Goethe-Institut
News from Young Germany
News from DeutschlandOnline

Toytown Germany
Germany's English-speaking crowd
Trade CFDs with InterTrader.com
Start trading shares, equities, forex, etc. No commission on equities; Low min. margins. Apply for a CFDs account now!
Little house in Spain
'Charming, old, beamed cottage for holiday let in Jesus Pobre, Alicante, Spain
www.littlehouseinspain.com/
Albatross Insurance
Professional and qualified consultancy on all insurance and finance matters in Germany, Telephone: +49 2163 571 1740, Email: bg@albatross-assurance.com
www.albatross-assurance.com
Hotel reservations in Berlin
Visiting Berlin anytime soon? Book your hotel in Berlin here.
Rental apartments in Berlin
For home-from-home holiday accommodation, search for a Berlin apartment to rent.