Conflict of standards

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A norm collision or a norm conflict occurs when several different legal norms , which contradict one another, are applicable to one issue .

A conflict of standards must be resolved with a conflict rule. According to this, one standard has priority over the other. With regard to the effects of this priority, a distinction must be made between the priority of application and the priority of application . This is based on the principle of consistency in the legal system, according to which a legal sentence cannot be both true and false at the same time.

The case of the conflict of legal norms of different states in the field of private law is covered by international private law , which is also called conflict of laws. Competing social law regimes are the subject of international social law .

Individual evidence

  1. ^ A b Klaus F. Röhl, Hans Christian Röhl: General legal theory. A textbook . 3. Edition. Carl Heymanns, Cologne 2008, ISBN 978-3-452-26001-7 , p. 154, 156 .
  2. ^ Eberhard Eichenhofer : Social law . 10th, revised edition. Mohr Siebeck, Tübingen 2017, ISBN 978-3-16-155319-6 , § 4 . - Stefan Muckel , Markus Ogorek : Social law . In: Grundrisse des Rechts . 4th, revised edition. Beck, Munich 2011, ISBN 978-3-406-62637-1 , §§ 19, 20 .