Establishment of Autonomous Foundations Based on German Private Law

Abstract

The article describes the procedure which establishes autonomous foundations of private law in Germany. The author discusses issues connected with the drafting, legal character and content of a founding act and the status of such foundations. The acquisition of legal personhood by a foundation is also discussed. Moreover, the study mentions the question of recognizing the existence of the so-called pre-foundation (G. Vorstiftung), that is a foundation within an organization – an issue which is still being debated by foundation law doctrine specialists.