House ban; ban on entering the house
Under ban means the explicit prohibition of entering or lingering in a home , in offices or on the property of another, which within this range over the domestic authority has.
requirements
In principle, the person entitled can pronounce the ban on entering the house at will and is not tied to misconduct.
Business premises
An important exception are business premises that are open to the general public. Arbitrary exclusion of individual persons is not possible here, as it interferes with the general right of personality and the principle of equality , which have an indirect effect on civil law . In this case, there must be an objective reason for being banned from entering the premises, unless it is expressly apparent (from a doorman or similar) that an individual access control is taking place. The AGG also applies in this case . Restrictions can also result from contracts, competition law and the fundamental rights binding of publicly controlled companies.
third
A house ban cannot be issued in order to cut off someone's access to their own domiciliary rights room or to a room into which they have been expressly invited by a third person who has domiciliary rights, for example if the domiciliary rights room is enclosed by another person's domiciliary rights room. In this case, the ban would be legally invalid.
This case would occur, for example, if a person in a tenement was banned from the landlord or caretaker and at some point later is invited by one of the tenants to his apartment. This invited person (visitor) would, however, be obliged to cross the hallway as quickly as possible and not stay there.
Public house ban
In public facilities, a ban can be justified with a violation of the house rules . In addition, a public-law house ban can be issued if there is a disruption in the proper operation of the public facility.
In the area of public law, a ban on entry is an administrative act if the use of the facility is subject to public law. An administrative act must be adequately defined in terms of content (in particular in terms of location, time and subject matter) ( Section 37 (1) VwVfG ). Upon immediate request, an orally pronounced administrative act must be confirmed in writing if there is a legitimate interest in it ( Section 37 (2) sentence 2 VwVfG).
Legal consequence of violation
A violation of a house ban can constitute a criminal offense of trespassing ( Section 123 StGB ). Whether this is the case is decided by the statutory criminal judge in proceedings under the Code of Criminal Procedure in response to a criminal complaint by the person violated in domestic law . A violation of the offenses of the criminal law norm can be punished with imprisonment of up to one year or a fine ( § 123 StGB). According to § 1004 BGB or § 862 BGB, the injured party can enforce the injunctive relief claim under civil law.
Duration of the entry ban
House bans can be limited in time or unlimited in time. Which form is used is a matter for the owner of the domiciliary rights, unless binding regulations have been established. However, if such binding regulations have been established, then these (and thus also the issued house ban) usually expire when the lessee or owner of the building for which a house ban has been issued has changed.
See also
- Expulsion
- Rayon ban in Switzerland
Web links
Individual evidence
- ↑ BGH NJW 2012, 1725
- ↑ BGH NJW 2010, 534
- ↑ OLG Stuttgart, NJW 2012, 1085
- ↑ BGH NJW 2012, 1725
- ↑ BGH NJW 1980, 700
- ↑ OLG Munich NJW-RR 2010, 760
- ↑ BVerfG NJW 2011, 1201
- ^ OVG Münster NVwZ-RR 1989, 316
- ↑ OVG Münster, NJW 1998, 1425; different view due to lack of regulatory effect: Michl, Roos: Das public-law house ban, LKRZ 2012, 50
