Institution (law)

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An institution is a summary of personal and neuter means (buildings and personnel) for permanent fulfillment of certain tasks. It is a lasting economic or other objects dedicated legal entity and has users who are not members.

The concept of an establishment must be differentiated from foundations and corporations: Foundations represent an asset dedication with legal personality that is administered by specially appointed bodies. Corporations, in turn, are associations of people with members.

Basic manifestations of the institution

Institutions are in

distinguished.

Word derivation

Johann Christoph Adelung in the Grammatical-Critical Dictionary of High German Dialect (1811) explains that the term "institute" has two basic meanings:

  1. The act of hiring, preparing something (e.g. " making an establishment for a meal, a banquet, a trip ");
  2. That which is employed or ordered (" Every institution made according to certain rules with people and things. Public institutions, which are made by the authorities for the general best. Private institutions, which are made by private persons for their special use. Civil, ecclesiastical, Justiz-Polizey-Manufactur-Anstalten, etc. In this way, not only cities and villages themselves, but also all collegias, guilds and guilds, manufacturers, labor nurseries and orphanages, art and factory schools etc. called. ) "

Historical development

The foundation and the institute were originally predominantly bodies under public and ecclesiastical law, not private law .

The ecclesiastical institution has been mentioned as a recognized legal entity of its own since the 4th century. The canonical principles on corporations and largely canon law were applied to these ecclesiastical institutions . The administration took place i. d. Usually by the bishop , abbot or pastor himself or under their supervision. It was only since the Middle Ages that independent institutions for other than church purposes have been established or recognized. The administration was incumbent on the secular hand or layperson. Numerous poor and health institutions are said to have been founded since the 13th century . Since the 16th century, the increased secular power has also claimed the supervision of church cooperations, foundations and institutions. The independent foundation was neither recognized by the Prussian General Land Law (1794) nor by the French Civil Code (1804), but viewed as a sub-case of cooperation.

Independent private-law institutions as an independent form of company law (legal person) are known and quite widespread in German-speaking countries, especially in the Principality of Liechtenstein . They are also mentioned in the Swiss Civil Code (Art. 52 ZGB).

Germany

In Germany, the (legally independent) institutions under public law are possible carriers of indirect state administration , e.g. B. public savings banks or public broadcasters . In Germany, only public-law institutions are currently known as independent legal entities. The general concept of an institution as a combination of material and personnel resources for the benefit of a specific purpose can also be found beyond the legally competent institutions under public law. In the public sector, institutions are therefore a possible form of organization for public institutions .

Austria

In Austria today only institutions under public law are known. From 1919 to 1934 it was possible to set up companies in the form of a public service institution .

Switzerland

In Switzerland, the independent private institutions dedicated to a special purpose obtain the right of personality ( legal capacity ) by being entered in the commercial register (Art. 52 ZGB).

Principality of Liechtenstein

The Liechtenstein legal system recognizes four basic types of independent institutions in the narrower sense:

  • the establishment under public law (Art. 78 Para. 4 LV),
  • the public institution (Art. 534 Para. 2 PGR 1. ),
  • the public utility (Art. 577 ff. PGR) and
  • the establishment under private law (Art. 534 para. 1 PGR).

In Liechtenstein, the institutions are largely regulated in Liechtenstein personal and company law ( PGR ).

literature

  • Conrad Elster, Lexis and Loening (Ed.): Concise Dictionary of Constitutional Law 3 . Gustav Fischer Verlag , Jena 1911.
  • Otto von Gierke : The essence of human associations . 1902th edition. Scientific book club.
  • Katja Heuterkes: Organizational units with legal capacity in the administrative structure of France, Germany and the European Communities . Lit Verlag , Münster 1998.
  • Graziella Moroccan: The Liechtenstein establishment under private law with special consideration of the founder's rights, publications on banking law, Volume 22 . Vaduz 1994.
  • Otto C. Meier: The Liechtenstein private law institution . Zurich 1970.
  • Hans Michael Riemer: Bern Commentary on Swiss Private Law . Stämpfli AG , Bern 1993.
  • Gaby Tamm: The Liechtenstein private law institution in the event of the death of the founder with special consideration of German-Liechtenstein legal relationships . The Other Publishing House, 2003.
  • Nikolaus Voigt: Independent public law institutions and independent public law foundations of the Principality of Liechtenstein . 1st edition. Ex jure publishing house, Vaduz 1976.

Sources and References

  1. ^ Grammatical-critical dictionary of High German dialect , Vienna edition 1811.
  2. ↑ Concise dictionary of constitutional law , third edition, seventh volume, 1004 ff.
  3. ↑ Swiss Civil Code: Personal Law / Legal Persons / General Provisions Art. 52 ff.
  4. ↑ Constitution of the Principality of Liechtenstein of October 5, 1921 (LV), LGBl No. 15 of October 24, 1921.

Web links

  • Antonius Opilio, Anton Schäfer: Institutions under public law in Liechtenstein . 1st edition. Ed. Europa-Verlag, Dornbirn 2007, ISBN 978-3-901924-26-2 ( limited preview in Google book search).