Legal institution
A legal institution (including rights institution and legal concept ) consists of the legal assessment of a particular life facts by legislation , case law and jurisprudence developed legal principles . Examples are the " business risk theory ", the " professional civil service " , the transfer of ownership by way of security , property or the " Actio libera in causa ".
Legal history and meaning
Based on the "Institutions" ( Institutiones Iustiniani ) and pandects of Roman law summarized in the Corpus Iuris Civilis under Emperor Justinian , a collection of legal and legal texts developed in this form under the influence of the glossators and post- glossators until the 14th century in German law rezipiert was.
The existence of certain legal institutions is guaranteed today by the Basic Law . By their very nature, these so-called facility guarantees primarily guarantee the existence of a particular legal institution itself. However, like basic rights , they can also establish subjective rights for the individual .
If such a guarantee relates to a matter under public law , this is referred to as an institutional guarantee . If it relates to a situation under private law , it is called an institute guarantee. This distinction goes back to Carl Schmitt .
Schmitt takes up the institutional doctrine that was largely developed by Maurice Hauriou and Santi Romano .
literature
- Albert Bleckmann : On the legal institute of federal loyalty - On the theory of subjective rights in the federal state . Juristentung 1991, pp. 900-907.
Web links
- Jörg Benedict: Beyond marriage and family. Amorphous special connections: friendship as a legal institution , online magazine polar # 5, Campus-Verlag (n.d.)
- Wolfgang Sass: Is it all to blame? - A legal institute under false suspicion BauR 2014, pp. 1378–1385
- Manuel Schramm: The legal institute of the hobby. A result of case law of the BFH , diploma thesis, Helmut Schmidt University / University of the Federal Armed Forces Hamburg , 2005
- Sina Czapek: French commercial law: The fonds de commerce in France, a legal institution of its own. October 6, 2006
Individual evidence
- ^ Carl Creifelds: Legal dictionary . 21st edition 2014, p. 1072 ( ISBN 978-3-406-63871-8 )
