What is the Validity of a Marriage for Tax Evasion?

Question from 小孟, What is the Validity of a Marriage for Tax Evasion?

Answer from AI:

1. Validity of the Marriage Between A and B

In Germany, the validity of a marriage is governed by the German Civil Code (Bürgerliches Gesetzbuch, BGB). According to the BGB, a marriage is valid if it meets the following criteria:

• Both parties must be of legal age and have the capacity to marry.
• The marriage must be entered into freely and without coercion.
• The marriage must be registered with the civil registry office (Standesamt).

However, if a marriage is entered into for the sole purpose of evading taxes, it may be considered a sham marriage (Scheinehe). According to German law, a sham marriage is not valid and can be annulled. The authorities may investigate the intent behind the marriage, and if it is found to be fraudulent, the marriage can be declared void.

Recommendation: Consult with a legal professional to determine the specific circumstances and potential consequences of the marriage.

2. Who Are the Heirs of B? Who Inherits in This Case?

In Germany, inheritance is governed by the BGB. The legal heirs are determined based on the degree of kinship and the presence of a will. In this case, B has left a will specifying the distribution of his estate.

Legal Heirs:

1. Children (including adopted children)
2. Parents
3. Siblings

In This Case:

• B’s daughter, X, is the primary heir as specified in the will.
• B’s parents, C and D, are also legal heirs.
• B’s siblings, E and F, are legal heirs but are not mentioned in the will.

Statutory Share (Pflichtteil): In Germany, certain heirs are entitled to a statutory share of the estate, even if they are not mentioned in the will. This includes children, parents, and spouses. The statutory share is typically half of the legal share.

Recommendation: Consult with a legal professional to ensure that the statutory shares are respected and to address any potential disputes.

3. Car Accident and Legal Consequences

In the event of a car accident resulting in death, the responsible party (in this case, D) may face both criminal and civil consequences. Under German law, driving under the influence of alcohol is a serious offense and can result in severe penalties, including imprisonment and fines.

Steps to Take:

1. Report the accident to the police and provide all necessary information.
2. Seek legal advice to understand your rights and potential claims for damages.
3. Consider filing a civil lawsuit for compensation for damages and loss of support.

Recommendation: Consult with a legal professional to navigate the legal process and ensure that your rights are protected.

For more detailed information, you can refer to the [German Civil Code (BGB)](https://www.gesetze-im-internet.de/englisch_bgb/) and the [German Inheritance Law](https://www.gesetze-im-internet.de/englisch_bgb/englisch_bgb.html#p0010).

Note: This information is intended to provide a general understanding of the legal issues involved. For personalized legal advice, please consult with a qualified legal professional.