Legal bankruptcy

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The construction of the "wall" was also portrayed in part as the bankruptcy of a system.

Under legal bankruptcy (also: bankruptcy law ), the bankruptcy ( insolvency ) of the State : (including bankruptcy ) or the bankruptcy of the legal system or (only) the Court understood a state. Whether and when legal bankruptcy occurs in the two last-mentioned cases, and which prerequisites are necessary, cannot and is generally not defined in many cases.

definition

When bankruptcy is commonly known as the Bankruptcy and especially the inability to pay (also: bankruptcy) of a debtor understood. Gerhard Köbler defined the term legal bankruptcy in the sense of bankruptcy of the legal system as follows: “ Legal bankruptcy is the inability of a legal system to provide justice for those subject to the law. An institution, especially a legal institution, for example, reveals legal bankruptcy if it lets liars get to the top, turns smearers into secretaries, fraudsters into cashiers, forgers into note takers, impostors into assessors and blackmailers into legal supervision. In such circumstances, only a complete return to generally recognized values ​​(e.g. truth, freedom) and legal principles (e.g. pacta sunt servanda, prohibition of arbitrariness, competition, etc.) promises improvement ”.

In connection with the discussion of a ruling by the Reichsgericht to the detriment of the Jewish community in Halle an der Saale, Theodor Lessing referred to the argument about noise emissions from a cooperage about the “measure of the bearable and commonplace” as “ veiled legal bankruptcy ”, the term itself but not further defined, the term is meant in the sense of bankruptcy of case law .

The term legal bankruptcy in the sense of the destruction of the entire state structures, which then follows the national bankruptcy , is used in an essay " The representative family " in Eos, Münchner Blätter für Literatur und Kunst from January 28th, 1829.

use

The term legal bankruptcy is also used in a large number of cases in connection with conspiracy theories and also in cases where individuals feel grossly disadvantaged vis-à-vis the state in a particular legal matter. In doing so, Köbler's definition is used as a scientific basis and justification for one's own point of view.

literature

  • Georg Bernhard, " Bankrott des Rechts ", Paris 1934, Pariser Tageblatt, Vol. 2, November 29, 1934, No. 352: 1
  • Gerhard Köbler, " Legal dictionary: for study and training ", 16th edition, Munich 2016, Verlag Franz Vahlen, ISBN 978-3-8006-5142-9 .

See also

Individual evidence

  1. ↑ In some cases only to an authority or a court or due to the behavior of an individual ( organ ) in an authority or a court.
  2. ^ Gerhard Köbler in Legal Dictionary , 12th, revised edition; Verlag Franz Vahlen Munich online version ( Memento from September 16, 2016 in the Internet Archive ), p. 401.
  3. ^ Theodor Lessing , Der Lärm: Eine Kampfschrift gegen die Geräusche Our Leben, Wiesbaden 1908, Google books , p. 89.
  4. ^ Munich 1829, Verlag Fleischmann, p. 67. online .