Responsibility
Ausantwortung is since the Middle Ages common term legal language with the meaning passed , itemizing .
civil right
Responsibility is understood to mean the surrender of money or other material assets to the beneficiary, for example in the event of the liquidation of an association ( Section 51 BGB) or, under inheritance law, the surrender of the estate by the estate administrator to the heir ( Section 1986 BGB ).
In commercial law , this means the delivery of the goods to the recipient after transport. However , the term is not used in the Commercial Code , last amended by the law of July 3, 2015.
A draft law of the Federal Ministry of Justice to change the association law provided for the words answer out in §§ 49, 51 to 53 BGB to be replaced by distribute , but has not been passed.
Penal system
In penal law, responsibility is understood to mean the temporary release of a prisoner or a prisoner on remand in the custody of a police, tax or customs authority or a court or the public prosecutor's office, i.e. the temporary transfer of a prisoner.
This is usually done as part of a single transport to attend a witness or main hearing appointment. During this period, responsibility for the prisoner rests with the competent authority.
The term is used in various state legal regulations, including in
- Section 6 (2) of the Prison Act III (Code of Prisons in Baden-Württemberg - Prison Administration)
- Section 6 (2) Prison Act IV (Code of Prisons in Baden-Württemberg - Juvenile Prisons)
- Section 9 (3) of the Thuringian Pretrial Detention Act
- as well as in various penal administration regulations such as the Execution Rules of Procedure (VGO) No. 73 of July 1, 1965 or the Execution Rules of Procedure of the State of North Rhine-Westphalia of 2008.
Legal history
Responsibility also referred to the handover of objects in the possession of a prisoner or documents and pieces of evidence transported together with the prisoner.
In the Versailles Treaty of June 28, 1919, the general provisions of Part VIII for reparation mention payments through the relinquishment of goods .
Ernst Rudolf Huber described the appointment of Adolf Hitler as Reich Chancellor on January 30, 1933 as the handing over of government power to the enemy of the constitution .
Individual evidence
- ↑ Answer . In: Prussian Academy of Sciences (Hrsg.): German legal dictionary . tape 1 , issue 7 (edited by Eberhard von Künßberg ). Hermann Böhlaus successor, Weimar ( adw.uni-heidelberg.de - publication date 1931 or 1932).
- ↑ Hans Albrecht Dingerdissen: 100 Years of Bonifatius - Case (PDF) Editorial ErbR - Journal for the entire inheritance law practice 11 | 2010, p. 337; RGZ 83, 223
- ↑ BGBl. 2015 I p. 1114
- ↑ Federal Ministry of Justice: Draft of a law to amend the law on associations, status: August 25, 2004 (PDF) p. 25: These are editorial changes. The term “answer” used in the association law of the BGB in §§ 49, 51, 52 and 53 and no longer used in the German language should be replaced by the word “distribute”. This does not result in any changes to the content.
- ↑ AV d. JuM dated December 9, 1991 (1464-IV / 179) - Die Justiz 1992 p. 41 - last amended by AV d. JuM of November 15, 1996 (1464-IV / 179) - Die Justiz 1997 p. 6
- ↑ AV d. JM of November 12, 2008 (1464 - IV. 1) JMBl. NRW p. 277 in the version dated September 16, 2011
- ↑ Extradition treaty between the German Empire and Luxembourg of March 9, 1876 . In: RGBl. , 24, pp. 223–230, Art. 10 and Art. 15 ( Wikisource )
- ↑ Annex II, § 20 : If the committee fixes or accepts payments through the transfer of goods or the transfer of certain rights, it must take into account the well-founded rights and interests of the Allied and Associated Powers and their nationals.
- ^ Gabriel Seiberth: Lawyer of the Reich. Carl Schmitt and the " Prussia contra Reich " trial . Günter Maschke : book review. Young Freedom , September 20, 2002
