Requirement (law)
In jurisprudence, commandments are legal norms of behavior that order certain behavior for a group of people or societies concerned .
Word origin
The commandment (ahd. Kapot , gipot, etc.) is linguistically close to the prohibition , also with the common suffix bot (as in insubordinate ), in the meaning aspect “ instruction ”, “ jurisdiction ”, “ violence ”. In the middle of the 19th century, the universal lexicon of the present and the past defined the command as the opposite of the prohibition and pointed to the consequences of this:
“ Prohibition ( interdictum , inhibitio ), the order to refrain from an action, as opposed to the command as the order to take one. [...], insofar as the V. was also provided with a penalty, the offender can be punished and Damages expire. [...] "
General
Human behavior consists of action , tolerance and omission . Not every behavior is socially desirable. Therefore, the coming laws to the task of society, bans, permits and authorizations to control. Commandments are intended to force a certain behavior. Like bans, they are the content of protective laws that contain standards to prevent damage. Do's and don'ts aim to prevent an abstract hazard or avoid undesirable consequences. A breach of bids triggers a fault . The accusation of fault does not relate to the specific damage , but is brought forward to the violation of a norm, since experience has shown that damage is associated with this.
A behavior arrangement is the imposition of a certain behavior by laws in the broadest sense. It can consist of a command or a prohibition. The addressee can take a command or prohibition from certain legal norms, the violation of which means a breach of the law , and base their behavior accordingly. In order for bids to be kept, there are legal consequences associated with non-compliance .
Commandments in laws
The rules and prohibitions resulting from Section 41 (1) StVO in road traffic are well known. In Section 41 (1) of the StVO, it is required that road users have to obey the orders or prohibitions set out in regulations ( “traffic signs” ). The traffic signs are contained in Appendix 2 to Section 41 (1) of the StVO. For example, sign 205 (“ Give way ”) includes the requirement that the driver of the vehicle give way and the prohibition not to stop up to 10 meters in front of this sign if it is covered by it. At sign 206 ("Stop. Give way") you even have to stop and give way. Signs 209, 211 and 214 require that you follow the prescribed direction of travel . A specific behavior is therefore imposed on the vehicle driver in each case, which he must follow unconditionally. If these requirements are violated and other road users are endangered as a result, there is a risk of a fine as part of the catalog of fines (offense number 141600 at sign 206: "You did not observe the existing unconditional stopping requirement") and entries in the register of fitness to drive . § 12 para. 4 sentence 1 and 2 Highway Code enjoins every road user, the park even or keep wants the right side strips to use if it is to adequately secured, otherwise drive up close to the right edge of the roadway. The road user has no other behavioral options than those offered. Traffic signs that are prohibited from stopping also contain the command to drive away immediately if the stop is illegal; this also applies to parking meters . This requirement is immediately enforceable in an analogous application in accordance with Section 80, Paragraph 2, Clause 1, No. 2 VwGO and can therefore be enforced immediately without any further administrative act by means of replacement by towing.
The issuer of capital investments is required by law to have an issue prospectus preceded the public placement of a capital investment ( issue disclosure ; Section 14 (1) WpPG ) and to report periodically on the performance of the investment ( regular disclosure ; Sections 264 ff. HGB in conjunction with Section 325 HGB); To publish interim reports ( Section 116 WpHG ) and extraordinary circumstances promptly ( ad hoc publicity ; Section 26 WpHG). Section 63 of the WpHG also contains numerous requirements (“general rules of conduct”) .
In administrative law , the intervention administration stipulates do's and don'ts for the individual and enforces them with compulsion (“imperium”). The cooperation requirement of Section 2 (1) BetrVG is an order of conduct for employers and works councils regarding the manner in which they must exercise their rights and fulfill their obligations. Within the framework of the right to direct , statutory requirements may not be violated or exceeded by instructions from the employer, for example in the context of youth and maternity protection or the Working Time Act .
collision
Obligations to act (commandments) can collide with one another or with obligations to cease and desist (prohibitions). Then priorities have to be applied. If two commandments come together in one person, only one of which can be fulfilled, there are no legally binding maxims for choosing between the same obligations. If, for example, the parents can only save one of two children from the building in the event of a fire, it is not illegal to act in this way. If an obligation to act (command) and an obligation to cease and desist (prohibition) coincide, the obligation to cease and desist takes precedence. For example, anyone who can only save the life of a person under protection by killing an uninvolved third party is only behaving lawfully if he fails to kill. Whether a motorist has to brake (act) in order not to run over a pedestrian or not accelerate further (refrain from) depends on the circumstances. If he does not brake, this action is illegal, if he accelerates, this omission is illegal.
Others
The saying “need knows no commandment” ( necessitas non habet legem ) does not apply when it is connected with the fact that in emergency situations all rules are simply ineffective.
Individual evidence
- ↑ GEBOT, n. Subst. verb.. In: Jacob Grimm , Wilhelm Grimm (Hrsg.): German dictionary . 16 volumes in 32 sub-volumes, 1854–1960. S. Hirzel, Leipzig ( woerterbuchnetz.de ).
- ^ Pierer's Universal Lexicon . Altenburg 1857-1865, Volume 18, p. 451
- ↑ Protection Act . In: Christian M. Piska, Jutta Frohner: Specialized dictionary introduction to law . 2009, p. 147.
- ↑ German Road Safety Council, Annex 2 to § 41 Paragraph 1 StVO ( Memento of the original dated May 8, 2014 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ German Road Safety Council, catalog of fines ( Memento of the original from May 8, 2014 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.
- ↑ BVerwG, NJW 1980, 1640
- ↑ BVerfG, NJW 1965, 2395
- ↑ BVerwG, NJW 1982, 348
- ^ Sabine Rohde: Ad hoc publicity according to the Securities Trading Act . 1998, p. 12.
- ↑ Arno Kahl , Karl Weber: General Administrative Law , 2008, p. 34.
- ^ Michael Martinek, Peter Rawert, Birgit Weitemeyer: Festschrift for Dieter Reuter . 2010, p. 650.
- ↑ a b Günther Jakobs: Criminal Law General Part . 1983, p. 366 f.
- ↑ Michael Koller: Need has no command . 2009, p. 98.
