Field of law
As a practice area is referred to in the jurisprudence , a field of the right , the themes on a consistent source of law is based.
General
The law deals with all situations of everyday life , so it only through a variety of areas of work on a wide variety of life situations can respond. In law there are therefore methodically related subject areas that are not always sharply demarcated from one another, which are called areas of law. The individual areas of law differ in their different areas of regulation and the legal principles that determine them . For the legal scholar Johann Heinrich Thöl , as early as 1847, an area of law was considered that has legal sources and differs from other areas of law by a legal source belonging to him alone. He understood common law to be an area of law consisting of several smaller areas of law and particular law to mean just this smaller area of law. For example, the BGB is the most important legal source of civil law , so that civil law is a field of law.
species
The function of private law (civil law), public law or international law as independent areas of law is undisputed . In addition, there are also legal areas of criminal law , procedural law , constitutional law , tax law , social law and European law . In the case of other subspecies of this, however, it is sometimes difficult for the specialist literature to speak of independent areas of law.
The commercial law as part of private law is the "special private law for merchants" and is considered a field of law. The aim of labor law as a field of law is the fair balance between the interests of employers and employees . The administrative law regulates the legal area, in particular the legal relations of the state to its citizens , but also the functioning of the administration and the ratio of the various institutions to each other. The legal area of food law, which primarily serves the protection of health, aims above all to prevent danger .
When it comes to the question of when one can speak of an independent area of law and when not, there is no generally applicable delimitation. Insolvency law or banking law are not regarded as independent areas of law , even if they are sometimes categorized as such. Both consist of different legal sources. Insolvency law affects corporate , commercial , contract or labor law. In a broader sense, banking law encompasses all legal norms to which the credit institutions are subject in the course of their activities and is composed of a large number of legal norms from various areas of law (commercial law, civil law). That is why banking law is not viewed as an independent area of law. On the other hand, some authors see capital market law - a branch of banking law - as an independent area of law.
In this respect, areas of law can be divided into formal categories , e.g. B. can be differentiated according to the factual regulatory areas of a legal source, but also according to areas of everyday life that are shaped by different legal sources. An example of the latter is provided by labor law, which is fed by various legal sources, but always has one area of life as its object, namely dependent work .
literature
- Horst Becker, Jürgen Heß, Frank Wertheimer: Basic knowledge of law. A practical compendium of the most important areas of law . Klett Verlag, Stuttgart 1999.
- Karl August Bettermann : Housing law as an independent area of law . Tübingen 1949.
- Handbuch der Rechtsspraxis (HRP) , (series title), 9 vols. In various editions, CH Beck, Munich 1970–2008.
Web links
Individual evidence
- ↑ Rainer Gildeggen (Ed.), Private Business Law: Compact Knowledge for Business Economists , 2013, p. 9
- ^ Johann Heinrich Thöl, Das Handelsrecht , Volume 1, 1847, p. 14 f.
- ↑ Rainer Gildeggen (Ed.), Private Business Law: Compact Knowledge for Business Economists , 2013, p. 7
- ↑ Helmut Beyer / Ludwig Heinz / Gitta Krabbe / Jochen Lehnhoff (eds.), The credit business: Introduction to the basics , 1993, p. 41
- ↑ Katja Rosa, Prospectus obligations and prospectus liability for closed funds , 2010, p. 37
