Congruence (law)
In jurisprudence, congruence is the complete correspondence of at least two claims that are related to one another in an internal temporal and economic context.
General
In the legal system, the congruence principle comes from social insurance . The Federal Court of Justice (BGH) transferred this principle to private insurance in September 1957 . Since then, case law has assumed a congruence of insurance benefits and damages , insofar as the claim for damages relates to damage that corresponds to the insured risk. Such congruence can be established if both claims are due to the same claimant , if they relate to the same period, the same case of damage, to the same damaged property and if the claim for damages coincides with the insured interest. This insurance law congruence can be transferred to other areas of law.
Civil Law
In contract law , offer and acceptance must match if a contract is to be concluded. Conversely, this results from Section 150 (2) BGB ; an agreement is reached , otherwise there is a dissent . The will and the declaration must also be congruent in the declaration of will , because otherwise there is a reason for contestation in accordance with Section 119 (1), variant 2 of the German Civil Code ( declaration error ). In the case of personal surrogation, there is congruence when different claims of the main creditor match, so that the fulfillment of one claim leads to the transition of the other.
Employment Law
In labor law , the claims of an injured employee are only legally transferred to the employer if there is a congruence in terms of time and material. The claim for the crossing to § 115 para. 1 SGB X required factual congruence is always present when the social service providers that benefit "nevertheless" instead of not paid by the employer pay granted. Objective congruence means that the performance of the employer's liability insurance association must serve to repair damage of the same type; temporal congruence must cover the damage for the same period. Insurance companies and employers can only take recourse from the injured party for such insurance benefits that are internally related to the damage that the injured party has to compensate the injured party.
Bankruptcy law
In insolvency law, there is congruent coverage according to Section 130 (1) InsO if a legal act by the insolvency debtor has granted or enabled an insolvency creditor to obtain security or satisfaction that was carried out in the last three months before the application for the opening of insolvency proceedings and if for At the time of the act the debtor was insolvent and if the obligee knew the insolvency at that time or if it was made after the opening application and if the obligee was aware of the insolvency or the opening application at the time of the act. This congruent cover, like the incongruent cover according to Section 131 (1) InsO, is subject to the challenge of insolvency . A creditors - as a supplier (the supplier credit ) or customer (the customer credit through advance payments or advance payments ) - should this problem be aware of when using a corporate crisis contained company does business. Since the insolvency contestation for the insolvency administrator is often essential for increasing the bankruptcy estate , considerable payment risks can arise here for the supplier or customer. However, there are special procedural options with which this problem can be reduced or even eliminated prior to the transaction.
The Austrian insolvency law also knows the concept of congruence for services that are due to the other party in this way and at this time in the context of the contestation under the bankruptcy code. Thus, for example, paying a debt that is not due is incongruent satisfaction.
Social law
In the case of recourse by the social insurance carriers ( service providers ), according to Section 116 (1) SGB X, a legal transfer of claims only takes place if social benefits serve to repair damage of the same type and relate to the same point in time as the compensation to be paid by the injuring party.
Insurance law
In insurance law , when insurance or social benefits coincide with claims for damages, the need for congruence often arises. It is the identity of an insured loss with the existing right of recourse against the injuring party , which the insurance company automatically receives from the injured policyholder through a legal session in accordance with Section 86 (1) VVG .
Individual evidence
- ↑ RGZ 148, 19, 22 f.
- ↑ BGHZ 25, 340 , 342 ff.
- ↑ BGHZ 25, 340, 342
- ↑ Eugen Spetzler, Congruence Before Difference , 1969, p. 62 ff.
- ↑ Jeronimo Hawellek, Die Personal Surrogation , 2010, p. 201
- ↑ Fritz Mittelmeier, Recourse of the employer in the event of continued payment of wages , 1984, p. 90
- ↑ BAGE 151, 281
- ↑ Reinhard Greger, Liability Law of Road Traffic , 2007, p. 878 ff.
- ^ BGH, judgment of April 10, 1979, Az .: VI ZR 268/76 = NJW 1979, 2313
- ↑ Katharina von Koppenfels-Spies , Die cessio legis , 2006, p. 253
