Notification requirement

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This article or paragraph presents the situation in Germany . Help us to describe the situation in other countries.

Obligation referred to a generally law or treaty -based legal obligation , certain facts the question in the field of reporting party authorities , contractors , endangered or third parties brought to the attention. Violations of reporting obligations subject to criminal offenses constitute omissions offenses .

Examples (Germany)

Administrative law

Citizens in Germany are legally obliged to report births and deaths . This is done in accordance with the Civil Status Act and must be carried out with the appropriate, mostly urban authorities ( registry office ).

Finally, there is also an obligation to notify in some areas of administrative law in which persons or organizations are obliged to notify the competent authority of certain projects or events. For example:

  • Trade law (business registration, transfer and de-registration):
    • Standing trade: "Anyone who starts the independent operation of a standing trade, a branch or an dependent branch must notify the competent authority at the same time." ( Section 14 (1) sentence 1 GewO )
    • Travel trade: "Anyone who as a trader does not need a travel trade card on the basis of § 55a Paragraph 1 No. 3, 9 or 10 GewO must notify the competent authority of the start of the trade, unless he has already started his trade in accordance with § 14 Paragraph 1 bis 3 has to register. "( § 55c sentence 1 GewO)
  • Accidents at work are to be reported to the accident insurance institution in accordance with SGB ​​VII if they are incapable of working for at least three days.
  • Animal protection law : "Whoever animal testing on vertebrates that do not require the approval, or cephalopods or decapods plans to carry out the experimental project shall report no later than two weeks before the competent authority." ( § 8a of the Animal Welfare )
  • Animal disease law : Any suspicion of the existence of a notifiable animal disease must be reported immediately by the animal owner or persons involved in work in animal herds to the competent authority (e.g. rabies , foot-and-mouth disease , BSE ).
  • According to the Medicines Act, there are various notification obligations, as follows: "The holder of the [pharmaceutical production] license must notify the competent authority of any change in any of the information specified in Section 14 (1) by submitting the evidence." ( Section 20 AMG)

A notification requirement in this sense must be distinguished from a more extensive authorization requirement . Failure to notify them in a timely manner is considered an administrative offense .

Criminal law

Duty to notify also refers to a provision of the German Criminal Code (StGB), which includes the obligation to notify certain crimes . According to Section 138 of the Criminal Code, anyone who has credible knowledge of the project or the execution of treason , murder , manslaughter , robbery and kidnapping or a crime that is dangerous to the public, and who does not report it, can be punished for not reporting planned crimes . This knowledge must have come at a time when the crime can be prevented. If the authorities or the threatened persons are not informed in good time, the person concerned can be punished with imprisonment (up to five years) or a fine .

Private law

Notification obligations arise from the German Civil Code (BGB) and often (partly additionally) from contracts, in particular those for notifying defects . For example, § 536c, Paragraph 1 of the German Civil Code (BGB ) regulates rental contracts : "If the rental object shows a defect in the course of the rental period or if a measure to protect the rental object against unforeseen danger is required, the tenant must notify the landlord of this immediately." If the tenant reports the advertisement, he is obliged to compensate the landlord for the resulting damage (Section 536c (2) BGB).

Also concerning purchase contracts and travel contracts resulting from the BGB duties for defect indication, if not avoided, to the exclusion of defect liability lead. In the case of commercial purchases , in accordance with the Commercial Code, the obligation to notify defects (also to give notice of defects ) is spoken of.

The policyholder has according to § 19 para. 1 VVG an obligation until the conclusion of the insurance contract for him known risk factors responsible for the decision of the insurer to conclude the contract with the agreed terms, are significant and which the insurer has asked in writing .

Examples (Austria)

The discovery of certain communicable diseases is subject to notification in Austria, see Notifiable Disease # Austria .

See also

Web links