agreement
Agreement denotes a legal term . The designation is partly synonymous with consent .
civil right
According to conventional terminology, in civil law, prior consent is referred to as consent , and subsequent consent is referred to as approval , cf. in German law § 183 BGB ; in addition, the term consent occurs in some regulations ( § 117 , § 180 BGB, § 1908b BGB) . In non-technical terms , this can also be referred to as agreement .
In more recent regulations, the concept of agreement in the sense of administrative law has also found its way into civil law. In family law, for example, parental custody law stipulates that consensus should be sought on all related issues (§ § 1626 ff. And § § 1687 ff. BGB), similarly also in marriage law in § 1356 BGB. There are corresponding regulations in the Child and Youth Welfare Act and in the Act on Matters of Voluntary Jurisdiction , in the Civil Procedure Code and in more recent consumer protection regulations.
Administrative law
In administrative law , consent means that prior to a legal act, the consent of another body (e.g. legislative body , authority ) must be obtained.
If, on the other hand, a decision is only to be made in consultation with another body, this means that this body is only to be given the opportunity to comment, without consent being required. The statement must at least be taken note of and included in the deliberations.
An administrative act that has been issued without the required consent or advice of another authority is illegal , but not void for that reason alone ( Section 44 (3) No. 4 VwVfG ). The deficiency can be cured if the failed cooperation is made up for by the other authority ( Section 45 (1) No. 5 VwVfG).
Criminal law
In criminal law , a distinction is made between consent excluding the offense (on the first stage of the three-stage structure of the offense according to the relevant doctrines ) and consent excluding the illegality of the offense (on the second stage of this structure of the offense). An agreement in this sense is given insofar as the factual situation presupposes an act against the will of the legal owner. Otherwise, the consent to the impairment of legal interests only has a justifying effect . The consent does not have to be expressed externally, the internal and mutual will of the person concerned is sufficient.
An existing consent that is not known to the perpetrator does not exclude a possible ( unsuitable ) attempt if there is a subjective intent to commit.
Examples in which the following criteria cannot be fulfilled even with a non-compliant consent are in particular:
- "(Unlawfully) intrudes", "without authorization" in the case of trespassing; Section 123 of the Criminal Code
- “Compel” in (sexual) coercion, blackmail; § 177 , § 240 , § 253 StGB
- "Depriving liberty" of depriving liberty; Section 239 of the Criminal Code
- "Take away", "unlawfully appropriated" in the event of theft, robbery; § 242 ff., § 249 ff. StGB
- "Against the will of the entitled person" in the event of unauthorized use of a vehicle; Section 248b of the Criminal Code
Web links
Individual evidence
- ↑ Important laws of parent and child law ( Memento of the original from January 22nd, 2009 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
