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Affidavit Of Consent for Germany

Affidavit Of Consent Template for Germany

An Affidavit of Consent is a formal legal document under German law (governed by the B脙录rgerliches Gesetzbuch and Beurkundungsgesetz) where an individual formally declares their consent to a specific action, decision, or arrangement. The document must be notarized according to German legal requirements and typically includes detailed information about the declarant, the specific matter being consented to, and formal statements about the voluntary nature of the consent. It serves as legally binding evidence of informed consent and may require certified translation if the declarant is not fluent in German.

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What is a Affidavit Of Consent?

An Affidavit of Consent is a crucial legal instrument in German jurisdiction, used when formal, documented consent is required for various legal, medical, or administrative procedures. This document type is governed by German civil law and must comply with specific formalities outlined in the B脙录rgerliches Gesetzbuch (German Civil Code) and Beurkundungsgesetz (Notarisation Act). The Affidavit of Consent includes the declarant's personal information, explicit statement of consent, confirmation of understanding, and voluntary agreement. It must be notarized to be legally valid and may require certified translation if the declarant is not German-speaking. This document is particularly important in situations involving significant legal or personal rights, international matters, or when documentary evidence of consent is required by authorities or institutions.

What sections should be included in a Affidavit Of Consent?

1. Declaration Header: States the document type (Affidavit of Consent) and jurisdiction (Germany)

2. Declarant Information: Full legal name, address, and identification details of the person making the declaration

3. Competency Statement: Declaration of the person's legal capacity and competency to make the affidavit

4. Subject Matter of Consent: Clear and specific description of what is being consented to

5. Statement of Free Will: Declaration that the consent is given freely and without coercion

6. Understanding Statement: Confirmation that the declarant fully understands the implications of the consent

7. Truth Declaration: Formal statement that all information provided is true and correct

8. Execution: Date, signature block, and notarization section

What sections are optional to include in a Affidavit Of Consent?

1. Translator Certification: Required when the declarant's primary language is not German, certifying that the document has been accurately translated

2. Medical Capacity Statement: Used when consent relates to medical matters or when there might be questions about medical capacity

3. Guardian Information: Required when the consent involves a minor or person under guardianship

4. Time Limitation: Used when the consent is valid only for a specific time period

5. Revocation Terms: Optional section defining how and when the consent may be revoked

What schedules should be included in a Affidavit Of Consent?

1. Identification Documents: Copies of official identification documents referenced in the affidavit

2. Supporting Documentation: Any relevant documents supporting the matter of consent

3. Translation Certificate: If applicable, certified translations of the affidavit

4. Power of Attorney: If applicable, documentation showing authority to give consent on behalf of another

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Germany

Document Type

Affidavit

Cost

Free to use

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