Bestimmungsgemäße

"Bestimmungsgemäße" is a term used in German law, particularly in the context of property law and inheritance. It refers to the principle that the intended use or purpose of a property or inheritance should determine its treatment under the law. This principle is often applied in cases where the property or inheritance is not clearly defined or where there is a dispute about its nature.

For example, if a person leaves a property in their will for a specific purpose, such as for a particular type of business or for a charitable organization, the court may interpret the will in a way that is consistent with that purpose. This can involve interpreting the terms of the will literally, or it can involve considering the broader context of the donor's intentions.

The principle of bestimmungsgemäße is important because it allows the court to ensure that the donor's intentions are carried out, even if the property or inheritance is not clearly defined. It also helps to prevent disputes about the nature of the property or inheritance, which can be time-consuming and costly.

However, the principle of bestimmungsgemäße is not without its limitations. For example, it may not apply if the property or inheritance is clearly defined in the will, or if there is a clear intention to dispose of the property or inheritance in a particular way. Additionally, the principle may not apply if the property or inheritance is subject to other legal principles or doctrines, such as the doctrine of undue influence.

In summary, bestimmungsgemäße is a principle used in German law to interpret the intended use or purpose of a property or inheritance. It is an important tool for ensuring that the donor's intentions are carried out, but it is not without its limitations.