Auxiliary norm
An auxiliary norm is a legal provision without legal consequences of its own . It only defines, supplements or explains another legal provision. For example, § 90 BGB determines what is to be understood by a "thing", and § 90a BGB that animals are not things.
In legal terms, standards can be divided into claim bases , defenses and auxiliary standards .
There are different forms of auxiliary norms. These are "largely interchangeable". In particular:
- Legal definitions
- (legal) references
- (legal) fictions
- (legal) presumptions .
If the abandonment of the irrefutable legal presumption corresponds to fiction, the abandonment of the disputable presumption is a mere burden of proof.
Individual evidence
- ↑ Bernd Rüthers , Christian Fischer: Legal theory: concept, validity and application of law . 5th, revised. Ed., Beck, Munich 2010, Rn. 133.
