Reputation
As reputation (from Old High German liumunt , reputation, fame, rumor ', of Germanic Holy (e) u , sound, sound reputation') refers to the other of the opinion resulting social assessment, the reputation and standing. A good reputation is often called in legal texts or comments to respectability referred.
Legal history
Reputation is a term from the 12th century that can have both positive and negative connotations. In contrast, integrity is only used in a positive sense today. The opposing blame derives from scolding and was used in the sense of despised, offensive, disreputable, immoral, accused .
In the Middle Ages, for example, people with a bad repute were not allowed to hold certain offices. It was also aggravating when a female person with good character did to violence. If someone had acquired bad repute through defamation , then this otherwise innocent person could free himself from bad repute by taking the cleaning oath in the incontest procedure .
The proof of impeccability in the Middle Ages was the reputation letter . It could - if the city had the privilege - be issued to a person. In a document from the imperial city of Nuremberg it says: "As if the leümunt brieff and the common confirmation of a kayser or king, who is to be counted, should be publicly abandoned in the court by an honest schreyber."
Todays situation
Today appear in court character witnesses on, it relies mostly to the good reputation of the accused or witnesses.
Integrity means:
- earlier in civil law (for example in connection with wreath allowance for virgins and widows) not to have to be accused of sexual intercourse outside of marriage,
- in criminal law , without having final convictions or previous convictions ,
- In Germany, this is kept in the federal central register, and evidence is provided in the certificate of good conduct .
- In Austria these correspond to the criminal record or the criminal record certificate (formerly certificate of good repute , moral certificate ).
In the police and often in the public administration in Germany, a positive reputation is required as a prerequisite for starting training in the senior civil service . The guardsmen of the Papal Swiss Guard must also be of impeccable repute. In Austria, previous convictions of more than three months, and for some offenses - depending on the trade - any previous convictions are grounds for exclusion from registering as a business .
In 2006, the term was discussed again through the EU Brokerage Directive , which, according to Art. 4, Paragraph 2 , stipulates "having good repute" as a professional requirement for brokers and brokers ( Directive 2002/92 / EC on insurance brokerage ).
See also
Web links
Individual evidence
- ^ Friedrich Kluge: Etymological dictionary of the German language . De Gruyter, Berlin 1975, ISBN 3-11-005709-3 , p. 438.
- ↑ Cf. on this in the Small Catechism Luther's declaration of the Eighth Commandment that one should not make an after speech or make a bad repute .
- ↑ Reputation letter . In: Former Academy of Sciences of the GDR, Heidelberg Academy of Sciences (Hrsg.): German legal dictionary . tape 8 , issue 7/8 (edited by Heino Speer and others). Hermann Böhlaus successor, Weimar 1989, ISBN 3-7400-0096-1 ( adw.uni-heidelberg.de ).
- ↑ §13 GewO. (PDF) Retrieved December 18, 2009 .