Declaration of Honor

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The declaration of honor (Latin: declaratio honoris ) is a written or oral assurance by a person (or a group of people) that another person (or group of people) - the offended person - has been misunderstood in terms of their honesty and that their dignity has been fully recognized .

The obligation to make a declaration of honor was part of the historical apology . In the present it can e.g. B. be part of a settlement in the case of out-of-court settlement of disputes (arbitration settlement ), a labor court or civil procedure ( action for damages due to violation of personal honor).

A declaration of honor has no legally binding consequences (in contrast to the oath ). If a person insures their own honesty, this is not a declaration of honor, but is called a word of honor .

Examples

In accordance with the demand from Article 1 of the Himmeroder memorandum against the background of German rearmament , the then Commander-in-Chief of the NATO forces, Dwight D. Eisenhower , made a declaration of honor for the soldiers of the Wehrmacht to Federal Chancellor Konrad Adenauer on January 23, 1951 (see also history the Bundeswehr ).

In the same context, on December 3, 1952, Konrad Adenauer also made a declaration of honor for the soldiers of the Wehrmacht before the German Bundestag . This declaration was extended on December 17, 1952 to include members of the Waffen SS.

Definitions

  • Definition by Krünitz : “A solemn declaration that someone whose honor or good name is attacked is recognized as an honest person. It only happens in doubtful cases of injuries; and if the defendant does the same in court, the plaintiff can be contented with it, and the latter may not renounce the will and resolution to injure or insult the other person. Sometimes even a superior has to give his subordinate, whom he has wronged, a verbal and written declaration of honor. "
  • Definition of Pierer : "The assurance that one has the value u. recognize the honesty of the offended. Declaration of honor u. Atonement (declaratio honoris et deprecatio injuriae), the satisfaction which, according to German law, the offender can demand of the offender to the effect that the latter must formally declare that he did not want to impair the other's honor by the abuse inflicted on the other, and so on . I hereby take it back. The form of the payment is determined very differently according to particular rights; usually it has to take place in court and some older laws knew different sharpening, such as B. kneeling apology, apology in front of the executioner, in front of the public congregation, etc. However, recent times have recognized that at least the apology does not always offer satisfaction that really corresponds to the purpose, which is why the newer penal legislations no longer include it, etc. have mostly only substituted that for the offender to receive a certified copy of the judgment condemning the offender and the like. in the case of public insults, can demand that the same be made public at the expense of the offender. "

Individual evidence

  1. ^ Meyers Konversations-Lexikon , Volume 5, 5th ed. (1894), Ed. Bibliographer. Inst., Leipzig a. Vienna, page 421; Online version
  2. ↑ Hans-Jürgen Schmidt: We carry the eagle of the federal government on the rock - Chronicle of the Federal Border Police 1951-1971 , Fiedler-Verlag, Coburg 1995 ISBN 3-923434-17-0 , p. 72.
  3. ↑ The full declaration of honor including extension online
  4. ↑ JG Krünitz Oeconomische Encyclopadie , Vol. 10 (2nd ed. 1785), p. 189; Online version
  5. ↑ Declaration of Honor . In: Heinrich August Pierer , Julius Löbe (Hrsg.): Universal Lexicon of the Present and the Past . 4th edition. tape 5 . Altenburg 1858, p. 510 ( zeno.org ).

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