Subject to approval
Reservation of approval denotes the need for approval of a certain action. Often it is about processes in which third parties are involved in different ways.
Origin of the term
The term is only apparently a legal term. It is taken from everyday language, but is also used in legal language to give a short name to certain procedural sequences described in more detail in the law. Not infrequently it is about actions of third parties that are necessary to make something effective (valid).
Conditional approval requirement
A word meaning in law is the authorization to a third party to introduce an authorization requirement. In this case, the law outlines the prerequisites under which a license may and must be granted, but leaves the introduction of the license requirement to a third party. ) of the BauGB permits the introduction of a permit if property in tourist areas is to be divided into smaller, independent units (e.g. residential property ). The law authorizes the municipalities to introduce an authorization requirement for this through municipal statutes or through the provisions of the development plan . The reservation here is that the division of real estate only becomes legally effective if the municipality that introduced a permit requirement has also issued the required permit. In Section 22 (4), (8) and (9) of the BauGB, this issue is referred to as a permit requirement .(1
It is similar with WaffG . This regulation authorizes the Federal Ministry of the Interior to subject the handling of unusable weapons to a license requirement. The caveat here is that the legislature initially refrained from requiring a permit, but would not have objected to it if the administrative side saw a need for it. In this case, the licensing requirement is subsequently introduced by means of an ordinance . This process is referred to as approval reservation.(2) sentence 1 no. 1
Authorization of a person's action by a third person
Another meaning of the word can be found in legal transactions. The legal transaction made by a person requires the consent of a third party to be effective. If a person in Austria who is subject to adult representation (in Germany: care ) concludes a sales contract or transfers an item, he / she sometimes requires the consent of the representative ( (2 ) ABGB ). The act of the person represented only develops legal effects if the agent has given its consent. Up to this point in time, the legal transaction is pending ineffective . The Austrian ABGB describes this process as a reservation of approval . The same process is called the reservation of consent in Germany ( BGB).
Such cooperative acts, in which third parties have to agree to a legal transaction between two or more other persons in order to be effective between the initial parties, exist in the legal system even without being expressly referred to as a reservation of approval in the law , e.g. B. regarding the need for approval of legal transactions by minors ((1) BGB).
- There is no entry in Creifelds, Legal Dictionary , 21st edition 2014.
- In the version valid from July 1, 2018.