Personnel license

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The personal license is a person-bound public law license to operate a company, which, unlike the real license, can neither be inherited nor sold.

In pharmacy law , it emerged in the course of the 19th century as a reaction to the increased prices for real pharmacy rights (“pharmacy hackers”).

The expiry of the personal license upon death of the owner was referred to as the " revocation of the license". This type of company law was introduced in Hesse in 1827 , then in Württemberg in 1843 , in Baden in 1863 , in Bavaria in 1868 and finally in Prussia in 1894 by cabinet order of June 30th.

In 1855, the possibility of granting pharmacy concessions to communities or districts was created in Hessen. It was thus possible to set up a community pharmacy. The license holder then had to lease the pharmacy. In the case of the new award after the death of the previous sponsor, a tendering process was carried out and the applicant awarded the license who could prove the highest age of operating license. The establishment of a new pharmacy was preceded by a strict examination of the needs question. With this system, the licensee could not ensure the continuation of the pharmacy by a descendant because the descendant usually did not have the required high operating age, so that the family's pharmacy was lost when the licensee died.

The German pharmacy law of 1960 decided in § 1 for a staff license.

Another example is the restaurant license .

literature

  • Adolf Hamburger: The inalienable and inalienable pharmacy concessions (personal concessions). In: The Prussian pharmacy operating rights in terms of commercial law, property law and tax law. According to German imperial and Prussian state law. Berlin, J. Springer 1928, pp. 33-40.

Individual evidence

  1. ↑ Personnel license Legal Lexicon, accessed on August 16, 2020.
  2. ↑ Reinhard Wylegalla: Privilege or Concession DAZ 2008, No. 10, p. 96.
  3. ↑ cf. BVerfGE 7, 377 - Pharmacy judgment = BVerfG, judgment of June 11, 1958 - 1 BvR 596/56, para. 31 ff., 38.
  4. ↑ Federal Law Gazette I p. 697
  5. ↑ cf. Written report of the Health Care Committee (14th Committee) on the draft law on pharmacy BT-Drs. 2273, 2nd electoral term 1953.