I ordered a Nintendo for 100 euro on the Internet because my old broke when the package arrived today I was gone and my brother told my mother that it cost 100 euro and then my mother just opened the package and chucked in and now she tells me she can because it costs 100 euro and because I'm not yet 18 and also I shouldn't buy anything for 100 euro even though I get 40 euro pocket money how do you see that
Your mother is of course right. She is the legal guardian and you are not allowed to do business yourself without her consent.
From a legal perspective, you can buy things for 100 euro. On the other hand, since you are under 18, your parents have the right to take it away from you.
Yes. She was allowed to open the package within the framework of her right to bring up parents
Children can also have the right to maintain postal confidentiality
It is controversial whether parents are allowed to read the mail, e-mails and text messages of their growing up children. At least within the framework of the legal guardianship, the legal guardians have the authority to control the correspondence of their underage children. Nevertheless, the children's right to personality must also be observed here.
https://www.haufe.de/recht/familien-erbrecht/post-brief-und-fernmeldegeheimnis-im-privaten-bereich_220_79238.html
There's the pocket money paragraph, but after you are a minor, your purchase is pending and your parents or legal guardians can revoke the purchase
If you are already quoting, please do so in full, even if the boundaries shift. So find answers like yours always creepy
According to the OLG Hamm, a guardian is in any case allowed to read the post of his ward if this is required by the guardianship's protective purpose in individual cases. The guardian may adequately control the ward's correspondence if the guardianship of the ward or third parties unavoidably requires it (OLG Hamm, judgment of April 16, 1985, 15 W 46/85).
The objection to a purchase by minors must not be legally disadvantageous for them. Always forgotten to mention.
The one with the guardian is also of no interest here after the mother has acted as part of her child-rearing mission ;-)
Interventions in the confidentiality of minors are a very ambiguous problem. Recognizable private mail is subject to postal secrecy, otherwise with form or business traffic. Therefore, opening the package should be legal.
It becomes very difficult when considering the pocket money clause or the pending ineffectiveness in the case of minors' businesses, which your parents can lift if this cancellation is not legally disadvantageous for you. Always happy to "forget" to mention.
Since you have made "replacement" for a device approved per se from your own resources, I see the right more on your side.
If the 100 euro were freely available, there could be 3 sums of pocket money, then this is also possible without consent.
There's the pocket money paragraph that even allows that.
This is wrong. Of course, a young person is allowed to do business himself, the legal guardians only have the authority to have their effectiveness canceled afterwards… If the cancellation of the legal transaction is not legally disadvantageous.
It depends on whether the 100 euro comes from pocket money alone and not through playing the lottery (if there was a permit for it, even if I don't know if it is legally correct, but an acquaintance has this as an example from a Lecture BGB tells) was won. If this is the case, §110 BGB would apply:
A contract concluded by the minor without the consent of the legal representative is deemed to be effective from the start if the minor performs the contractual performance using means that have been provided to him for this purpose or at his free disposal by the representative or with the consent of a third party
.
That means that there would be no pending ineffectiveness either, you could buy the device. Likewise, the mother would not be authorized to open the package, this is only possible in very special exceptional situations, for example if you suspect that you are planning something criminal or are in danger.
