Übungszeugen

Übungszeugen are individuals or entities appointed in German civil law proceedings to represent the interests of parties who are unable to represent themselves, such as minors or individuals with certain legal incapacities, when their interests conflict with those of their legal guardian. The concept of Übungszeugen is distinct from a general legal representative and is specifically invoked when a potential conflict of interest arises.

The appointment of an Übungszeuge is a precautionary measure aimed at ensuring that the rights and interests of the protected person are adequately safeguarded. This is particularly important in situations where the legal guardian might have personal interests that could diverge from those of the person they represent. For instance, if a minor is to inherit property from an estate where their guardian is also a potential heir, an Übungszeuge may be appointed to represent the minor's interests in the inheritance proceedings.

The role of an Übungszeuge is typically limited to the specific legal matter or transaction where the conflict of interest is identified. They do not have ongoing duties like a guardian. Their primary function is to scrutinize the proposed actions or agreements and ensure they are in the best interest of the protected person. The court has the authority to appoint an Übungszeuge, often upon request from a party involved in the proceedings or when the court itself identifies such a potential conflict. The specific scope of the Übungszeuge's authority is determined by the court's order of appointment.