agreement
Agreement is a legal term that describes a contract between at least two contracting parties or individual parts of the contract.
etymology
In 1541 Johannes Frisius translated the agreement or combination from the Latin language ( Latin conspiratio, cohærencia ). In 1561 Joshua Maaler explained the contract in his dictionary as "an agreement made with another". The agreement is also a colloquial synonym for the contract. The underlying verb to agree has been used in German to mean “of a sense to be” since the 14th century ( Middle High German to agree to mhd. Einbære , “unanimously, unanimously”).
German law
The term “agreement” has emerged in the specialist literature as the origin of a specific kind of legal sentence ; on the other hand, in other private and public law, agreements have no direct legal effect. In law, the word agreement is used as a synonym for contracts. The BGB , for example, very often uses the word as a synonym for contract or "mutual agreement on a contractual point". For example, Section 555 BGB states: "An agreement through which the landlord can promise a contractual penalty from the tenant is ineffective". Section 556 (1) BGB says: "The contracting parties can agree that the tenant bears operating costs ". The BGB understands the concept of the contract as an agreement (§ § 154 , § 155 BGB); The agreement comes through the acceptance of the application concluded (§ § 145 et seq. BGB).
The WEG knows two regulatory instruments for the internal relationship of owners: the agreement and the resolution . The owners regulate their basic relationship with agreements. As an unanimous contract , the agreement requires the consent of all apartment owners entered in the land register. Agreements on the relationship between the apartment owners can be made in accordance with Section 5 (4) of the WEG in accordance with the provisions of the WEG on the content of private property .
In Germany, various legal terms contain the word agreement, including:
- Works agreement : in labor law, a contract between employer and works council ;
- Service agreement : the public sector , a contract between the agency management and the Staff Council ;
- Integration agreement : an administrative act in the area of basic security for job seekers .
Austrian law
In Austria, too, various legal terms contain the word agreement, including:
- Works agreement : in labor law, a contract between employer and works council ;
- Art. 15a-Agreement : an agreement between the Federation and the Länder or between the Länder among themselves.
Outside the law
The term is also important outside of law, including:
- Free Agreement : An Organizational Principle of Anarchism ;
- Target agreement : a term in leadership technology . While the target agreement is mutually agreed between the manager and the employee , the target setting represents the unilateral definition of goals.
International
International is the word agreement synonymous agreement ( english treaty ), the Convention ( English convention ) Convention ( English agreement ,) international treaty ( English international treaty ) or the non-binding gentlemen's agreement .
Web links
Individual evidence
- ↑ Petrus Cholinus / Johannes Frisius, Dictionarium latinogermanicum , 1541, p. 210
- ↑ Josua Maaler, Die Teütsch Spraach , 1561, p. 435
- ↑ Elmar Seebold / Friedrich Kluge (eds.), Kluge Etymological Dictionary of the German Language , 24th edition 2002, Lemma agree .
- ↑ Heinz Hübner, General Part of the Civil Code , 1996, p. 21
- ↑ Josef Kokert, The concept of type in Karl Larenz , 1995, p. 106
- ↑ Alexander C. Blankenstein, Lexikon Wohnungseigentum , 2008, p. 728
