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An-unlucky-young-man-with-a-lost-mother-Collection-Company-Collectia-Collection-Blog
Sebastian S.
25/03/2019

An unfortunate young man with an indebted mother

The debtor was listed as the buyer of a car on the bill of sale. She was - and still was at the time of the enforcement proceedings - registered as the owner in the Motor Register. However, during the enforcement proceedings, it could be assumed as undisputed that the debtor's then 17-year-old son had paid for the car and that he had paid all the running costs of the car.

The enforcement court found that, according to their explanations, the parties had chosen the procedure for the purchase of the car to register the debtor as the buyer, even though the car was actually paid for by the son, as he was under 18 years of age at the time and therefore could not buy the car. Subsequently, the enforcement court seized the car, stating the following:

"Under section 42 of the Guardianship Act, minors have the right to dispose of what they have acquired through their own work after they have reached the age of 15, since this right does not entail the right to incur debts. An incapacitated person cannot legally buy a car, even with his or her own money, since the purchase also entails, inter alia, an obligation to pay ownership fees and statutory liability insurance. In these circumstances, the enforcement court must assume that [the debtor] was the real owner of the car at the time of purchase and continues to be so, given that there has been no subsequent change in the circumstances concerning the car."

The High Court upheld the order on the following grounds:

'What has been stated about an agreement between [the debtor] and [his son] being contrary to law and honesty cannot lead to Marco Schultz's objection being dismissed. For the reasons stated by the enforcement court, the High Court accepts that [the debtor] was the owner of the car at the time of purchase. Although [the son] turned 18 on August 1, 2017, the car remained registered to [the debtor] both with SKAT and with the insurance company. Accordingly, [the debtor] and [the son] have not established that the actual ownership after August 1, 2017, should be different from the registered ownership."

Fogedretten i Kolding's order of August 21, 2018, no. FS 01-5049/2018
VLK November 14, 2018 (4. afd.) B-0377-18
FM 2019.24


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