Legal representative and parental custody

In short: A minor’s legal representatives are usually the parents. They exercise parental custody and can conclude contracts for the child or agree to them.

In more detail: Parental custody covers care of the person (residence, upbringing, health) and care of the property. For married parents it lies with both; for unmarried parents it is joint if they made a declaration of custody or the court transferred it. If there is a guardian, they are the legal representative.

In detail

• Joint custody: important decisions are made by both parents together. For a business both therefore sign.
• Sole custody: then the parent with custody signs, and you attach proof (e.g. a court decision or custody declaration).
• Property custody: parents manage the child’s assets. For bigger decisions the law requires the family court’s approval.
• Guardian: they replace the parents if the parents do not have custody.
• Parents’ duty: in financial decisions they must keep the child’s welfare in mind.

See also: Parental consent (§ 107 BGB), Family court approval