How do I find paragraphs in the BGB?
The legally binding (“official”) legal text is only contained in the Federal Law Gazette (BGBl), namely in its printed version. Current and reliable versions of the BGB and other laws can be found on the Internet, for example at http://dejure.org/ or at www.gesetze-im-internet.de.
What is the Civil Code?
Civil Code (BGB)
Is the BGB a law?
The German Civil Code (BGB) is the central codification of German general private law, whereby citizens are understood in the sense of citizens (civis). The BGB regulates the legal relationships between private individuals and is thus different from public law.
What is special about the general part of the BGB?
Explanation of the term general part The general part of the BGB is the first part of the civil code, which precedes the main regulatory areas. The reason for this is the fact that the German Civil Code wants to avoid double interpretations as far as possible.
What are all the codes of law?
What are laws and why does a country need them?
- Social Code (SGB)
- Commercial Code (HGB)
- Civil Code (BGB)
- Criminal Code (StGB)
What is civil law?
Civil law is the central matter of private law. Civil law regulates the legal relationships of individual private individuals to one another on the basis of strict equality. In addition, the individual is not only equal in relation to the other, but also free.
Which legal entities distinguish civil law?
Legal persons under private law include: registered associations (eV), foundations, stock corporations (AG), limited liability companies (GmbH), partnerships limited by shares (KGaA) and registered cooperatives.
Which acts are to be assigned to civil law?
Civil law contains rights and obligations that mostly relate to everyday processes. Such processes can be, for example, a purchase, an employment relationship, or a property relationship. All legal requirements that have to be observed with such things can be found in civil law.
What does private law regulate civil law?
Private law regulates the legal relationships of individual legal subjects on the basis of equality and self-determination among one another, as well as the legal relationships between citizens and the bearers of sovereign power if they act under private law.
What is private law?
Private law is the area of law that regulates the legal relationships between legally – not necessarily also economically – equivalent legal subjects (→ natural person, → legal person). The terms civil law or special private law (or other private law).
What characterizes private law?
Private law (also known as civil law or civil law) is that part of the legal system that regulates the relationship between citizens. This is about the legal relationship between legal subjects with equal rights. In private law, therefore, the legal principle of equality applies.
Which areas belong to public law?
Furthermore, sub-areas of public law are administrative law (e.g. tax law, social law, police law), procedural law, criminal law, church law and, in particular, in the area of collective labor law and labor protection, labor law.
Which laws are part of public law?
State and constitutional law (state organization law, fundamental rights, church law) General administrative law (including administrative procedural law) Special administrative law (including police law, local law, public building law, environmental law, service law, commercial administrative law)
What is public law examples?
Public law includes many different sub-areas such as international law, administrative law, social law, procedural law, criminal law or labor law.
Which theory do you use to differentiate between public and private law?
The subordination theory focuses on the superiority and subordination between citizens and sovereigns. According to this, legal norms are to be assigned to public law if they justify a relationship of superiority and subordination and entitle them to unilateral regulations.
When is a measure public law?
A measure is then taken “in the field of public law” if the authorization basis on which it is based can be classified as public law.
When is a measure sovereign?
According to the legal definition, an administrative act requires an order, decision or other sovereign measure. The measure becomes sovereign if it was issued by the authority in a subordination relationship, ie there is an over- and under-relationship between the parties involved.
Is a measure a law?
A measure or individual case law is a law that, as an exception, does not regulate general facts, but only one or a few individual cases (Art. 19 Para. 1 GG), for example expropriation laws according to Art.
When does a measure have an external impact?
A measure has an external effect if it affects the legal circle of a natural or legal person outside the administration or another (only partially legal) legal subject as the bearer of their own rights, i.e. (interpersonal) acts between this and the legal entity of the authority.
What is external impact?
External effects exist in administrative law if the legal validity of forms of action of the administration affects the legal sphere of a legal entity outside the public administration. The opposite is the internal effect.
Do administrative regulations have any external impact?
Administrative regulations are based on the hierarchical structure of the administration and regulate the details of the activities of subordinate administrative authorities from top to bottom. They are legal provisions and in principle – in the absence of any external impact – no legal norms that have a direct impact on the citizen.
What is a direct legal effect?
20. The feature of direct legal effect to the outside was originally used to delimit decisions within “special violent relationships”, which should not be judicially verifiable. They are not administrative acts, but are used for decision-making, which then leads to an administrative act.
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