Clamping technique (law)
With clip art or prefer the clip a method for structuring laws referred. General rules are put before special ones. Laws often have a first section with regulations that apply to all other sections. Such basic rules can be found e.g. B. in the so-called general part of the law.
This control technique is often used in laws in order not to have to repeat one and the same regulations in several places in the code of law when regulating different legal matters or to have to make references to regulations elsewhere. Instead, the inclusion of a regulation in the general part already means that the provisions contained therein apply throughout the entire code. The term clamp technique is based on the algebraic factoring , ie to the on-the-staple pulling the common factors .
Germany
The legislature in Germany usually only uses a " general part " for a few larger codes of law:
- Civil Code (BGB): see general part of civil law (Germany)
- Criminal Code (StGB): see Criminal Code (Germany) #General Part
- Social Code : see First Book of the Social Code - General Part
A “general part” can also be found in shorter laws such as the AGG .
The general part is opposed to one or more special parts of the code. These are either expressly referred to as a “special part” (as in the case of the StGB) or as further books, for example “Third Book. Property law "at the BGB or" Social Code - Book Five - Statutory Health Insurance ".
In addition, the stapling technique is used in a variety of other laws in which a “part”, “book”, “section” or “title” has been given the heading “ General Regulations ” or “General Regulations”. Examples of this are the Code of Civil Procedure (ZPO), the Stock Corporation Act (AktG) and the Insolvency Code (InsO), but also the general provisions on wills in § 2064 to § 2086 BGB.
