Institutional relationship
The institutional relationship is a legal relationship between a natural person and an institution under public law . An institutional relationship arises by virtue of the law or through actual use of the institution by the user. In the institutional relationship there are special duties of care , care and supervision .
In addition to the house rules of the respective establishment, statutes or ordinances can regulate the legal relationships in the establishment.
The following institutional relationships are recognized by case law:
- Public School Students
- Patient in public sanatoriums
- Prisoners in state prisons
- other users of public institutions (e.g. swimming pools, cemeteries, etc.)
The prison management leads the Institute violence from in each institution. The establishment management is bound by law and statute according to Art. 20 GG . The user has the right to review arrangements.
literature
- Klaus Schippmann , Legal Protection in Institutional Relationships, 1954
- Siegfried Lang, The School Relationship as Institutional Relationship, 1969
Individual evidence
- ↑ z. B. Schools: HessVGH, judgment of June 17, 1999, Az. 7 UE 299/99, guiding principle .
- ↑ z. B. Mental facility: OLG Hamm, decision of October 7, 2014, Az. 1 Vollz (Ws) 404/14, full text .
- ↑ z. B. Prison: BGH, decision of the 5th Criminal Senate of October 11, 2005, Az. 5 ARs (VollZ) 54/05, full text .
