Entitlement
Entitlement is the legally secured, regularly inalienable prospect of acquisition of a right whose prerequisites have not yet been (fully) met.
Private law
In civil law one speaks of an entitlement right when the position of the entitlement holder has become so condensed that the attainment of a right can only be determined by the actions of the person maintaining the rights and this legal position can no longer be hindered by third parties. Formally, there is an entitlement when so many parts have been made by a mehraktigen acquisition process that the final entry of the acquisition depends solely on the will of employed persons. For example, in the case of an installment purchase , the buyer acquires the right to ownership of the goods by paying the installments. With the payment of the last installment, the right to property is transformed into the right to property in the thing (the right then becomes a full right).
The term expectancy also plays a role in the pension equalization in accordance with the pension equalization law.
In company pension schemes , one speaks of (non-) forfeitable entitlements ( Section 2 BetrAVG ).
Public law
In public law , the term entitlement is used today with regard to pension and survivor benefits for public employees .
In social security law , the contribution payments establish entitlements to the insurance benefit . By paying into the statutory pension scheme , the person liable for insurance or voluntarily insured person acquires pension entitlements that enjoy property protection in the constitutional sense ( Article 14 of the Basic Law ).
Historical
In monarchical constitutional law, expectancy meant the right to succession, to succession, and in the earlier feudal system it meant the right or promise of enfeoffment. In the Peace of Westphalia in 1648, for example, the electorate of Brandenburg was granted the right to the archbishopric of Magdeburg , and in the Prague Treaty of 1599 Austria reserved the right to the duchies of Württemberg and Teck .
See also
Individual evidence
- ↑ BVerwG decision of April 13, 2012 - 8 B 86.11
- ↑ Eligibility . In: Prussian Academy of Sciences (Hrsg.): German legal dictionary . tape 1 , issue 5 (edited by Eberhard von Künßberg ). Hermann Böhlaus successor, Weimar 1963, DNB 453942571 , Sp. 778 ( adw.uni-heidelberg.de - first edition: 1930, unchanged reprint).
