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Authorizing the transfer of authority to a third party , so that a foreign law on its own behalf have or may exercise the right in its own name.


The authorization gives the legal subject to be authorized rights that it did not have before. The authorizer, in turn, has rights that he himself does not want to exercise in whole or in part. This makes empowerment the medium that balances out these differences in needs. Here it differs from the assignment and the granting of power of attorney . In the case of assignment, the right is completely transferred to the third party and the transferor loses his legal position, while the ownership remains unchanged with the authorization. The authorization differs from the power of attorney in that the authorized person does not act in someone else's name, but in his own name.

Authorization and permission have something in common, but permission is always an administrative act by an authority in writing , which is only issued upon application . In contrast, the authorization can also be given informally by private individuals .

Legal issues

To authorize means that the legal entity gives someone else the authority to act on their own account. The authorization gives the authorized person an authorization, but no obligation ; it is not an assignment . The authorization is a unilateral declaration of intent that requires receipt , in which only the authorizer undertakes.

civil right

An authorization can be granted both by legal transaction and by law . It consists of the transfer to and exercise by the authorized person. Both parts sometimes coincide in laws, which is often the case with lending . For example, Section 12 (1) of the Aviation Security Act ( LuftSiG ) grants the pilot ( flight captain ) the authority to exercise sovereign rights on board . The passengers are also obliged to follow the instructions of the captain (Section 12 (4) Aviation Security Act).

The legal representative must according to § 113 para. 1 BGB minors authorize in an employment relationship to enter, whereby the minors for all transactions relating to this employment relationship as unlimited legal capacity is faked. This also applies if the legal representative, with the approval of the family court, authorizes the minor to conduct a commercial business independently ( Section 112 (1) BGB). The power of disposal is regulated in Section 185 (1) BGB. This allows about an authorized third party to a foreign matter in its own name transfer them without it on Gutglaubensvorschriften mattered.

Laws do not always use the legal term authorization correctly, but sometimes understand it to mean authorization or authorization. Attorney and power of attorney describes the law as though authorization ( § 49 , para. 1, § 54 para. 1 HGB ), but both act as part of a legal transaction powers of representation on behalf of the merchant and not in his own name. The process power of attorney "authorizes" according to § 81 ZPO to all procedural acts concerning a legal dispute , including those which are caused by a counterclaim , a reopening of the proceedings , a complaint according to § 321a ZPO and the enforcement . Pursuant to Section 85 of the German Code of Civil Procedure (ZPO), it ensures that actions and faults of the authorized representative are attributed to the person represented and is therefore not an authorization. In § 370 BGB an authorization is meant so that the bearer of a receipt legally justified applies the power received at.

With the SEPA - debit mandate (previously direct debit ) issued in cashless payment transactions the payer to the payee by means of an authorization permission, a specific requirement by direct debit to collect from the account of the debtor. In this context, the direct debit authorization enables a third party to assert a third party claim in their own name.

Criminal law

In criminal law , certain criminal offenses can only be prosecuted with the authorization (authorization to prosecute ) certain persons ( Section 77e 1st case of the Criminal Code ). This includes, for example, the “denigration of the Federal President ”, which may only be prosecuted with his authorization ( Section 90 (4) StGB). Further offenses are in § 90b Abs. 2 StGB, § 97 Abs. 3 StGB, § 104a StGB, § 129b Abs. 1 StGB, § 194 Abs. 4 StGB, § 257 Abs. 4 StGB, § 323a Abs. 3 StGB or Section 353b (4) of the Criminal Code.

Public law

According to Art. 80 para. 1 GG may by law the Federal Government , a federal minister or the provincial governments are authorized Ordinances to adopt. The content, purpose and extent of the authorization granted must be determined by law. As part of the intervention administration , the public administration may intervene in the legal sphere of the individual citizen if it is legally authorized to do so and this authorization is sufficiently determined and limited in terms of content, object, purpose and extent of discretion so that the interventions are measurable and to a certain extent for become predictable and predictable for citizens.

If a right belongs exclusively to the federal government and if it wishes to transfer this in whole or in part, it can authorize the state governments in a federal law to issue more detailed provisions on a federal law by means of an ordinance ( authority to issue ordinances ). In Section 8a (2) of the German Commercial Code ( HGB), the federal states are authorized to make more detailed provisions on the electronic management of the commercial register , electronic registration , electronic submission of documents and their storage by means of a statutory ordinance .

See also

Individual evidence

  1. ^ Franz Gschnitzer / Heinz Barta / Bernhard Eccher, Austrian Law of Obligations , General Part, 1986, p. 201
  2. Klaus Leipold / Michael Tsambikakis / Mark A. Zöller (eds.), Lawyer commentary on the StGB - Members' Edition AG Criminal Law , 2015, p. 840
  3. BVerfGE 8, 325