Lex specialis
A lex specialis is a special law that takes precedence over the general law ( lex generalis ). This particular law supersedes the general law ( Latin lex specialis derogat legi generali ). The specialty of the law can result, for example, from the fact that it only regulates a certain area, while the general norm applies to several areas (for example, the vehicle driver's liability of the motor vehicle driver ( StVG ) is more specific than the general tortious liability according to §§ 823 ff BGB, ie the liability norms contained in the Civil Code are supplemented by a large number of special legal claims).
The principle of lex specialis derogat legi generali is a legal rule of interpretation and is based on the presumption that the legislature did not want to create a legal provision that has no practical scope. The latter, however, would be the case if the general law were applied instead of the special law, because the special law would thereby be deprived of its practical scope. This idea also makes it clear that a law is only a “special” law in the sense of the principle lex specialis derogat legi generali if its factual state has all the characteristics of the general norm and additionally contains at least one further characteristic.
On the other hand, there is no application of the lex specialis principle (although frequently in this respect, but nevertheless incorrectly named) where two legal clauses behave like two sets with an intersection - in this situation the lex specialis rule cannot resolve anything contribute to the conflict of norms .
See also
Individual evidence
- ↑ Franz Bydlinski : Legal methodology and legal concept. 2nd Edition. 1991, p. 465; Karl Larenz: methodology of jurisprudence. 6th edition. 1991, p. 267.
- ↑ Reinhold Zippelius : Legal methodology. 11th edition. 2012, Chapter II § 7.
