Devolution law

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As devolution (Latin devolvere - "roll off") is the transfer of a right or a property referred to another.

Jurisprudence

Constitutional law

In constitutional law , devolution means the transfer of administrative functions in a unitary state to regional bodies.

Inheritance law

In the context of inheritance law , the inheritance is z. B. passed on to the children of the deceased and not to the surviving spouse. In this case, the surviving spouse only has his or her compulsory portion .

Appeal

A legal remedy is described as a devolution effect , which makes it possible to bring a case to a higher instance ( judex a quo ). German law provides for the following legal remedies:

Catholic canon law

Devolution in the Catholic Church is understood to mean the right of the higher church superiors to be allowed to act if the subordinate does not fulfill his legal obligations and duties. In particular, the granting or replacement of church offices is regulated here. In 1179 the Third Lateran Council highlighted these cases. For example, the right of appointment devolves from the chapter to the bishop , from the latter to the archbishop and from the latter ultimately to the pope .

Protestant canon law

Protestant donors

Before the Prussian church laws were passed, one spoke of Protestant donors. A Protestant donor was usually the respective sovereign. The right to carry out an award reverted to the latter if the chapter did not carry out the award within the prescribed period.

Prussian church laws

"A kind of right of devolution has been created by the new Prussian church laws, in that according to § 6 ff. Of the law on the administration of closed dioceses of May 20, 1874, the administrative powers of a deposed bishop are transferred to the royal commissioner. May 1874 (declaration and amendment of the law of May 11, 1873, concerning the training and employment of clergy) the right to fill a completed parish etc. passes to the parish if the person entitled to present or nominate is within two months of the request an does not take care of the substitution. "

- Meyers Konversations-Lexikon

Modern regulation

The law of devolution is only applied today if the responsible local bodies do not nominate a candidate within the prescribed period or if the nominated candidate proves to be incapable.

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