Relation norm

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The term relation norm (from Latin relatio , "relationship") denotes a legal norm in jurisprudence that regulates the relationship between a legal sentence or a legal act and potentially competing legal sentences or legal acts.

Relationship norms occur in national laws , for example:

  • Section 265, Paragraph 1 of the Criminal Code (at the end): “Whoever damages, destroys, destroys, removes, or relies on someone else benefits for himself or a third party, to an item insured against destruction, damage, impairment of usability, loss or theft from the insurance is punished with imprisonment for up to three years or with a fine, if the act is notthreatened with penaltyin § 263. "

and in international legal acts ( international treaties , conventions , EC regulations , EC directives, etc.), such as:

  • Art. 90 CISG : "This convention does not take precedence over international agreements already concluded or to be concluded in the future, which contain provisions on matters governed by this convention, provided the parties have their place of business in contracting states of such an agreement."
  • Art. 14 of Council Directive 85/374 / EEC of July 25, 1985 on the approximation of the laws and regulations of the member states on liability for defective products (EC Product Liability Directive): “This directive is not applicable to damage resulting from a nuclear incident contained in international conventions ratified by the Member States. "

Insofar as a relation norm orders the precedence or subordination of a legal clause to a competing legal clause, there is no room for the application of general rules of application of the law such as lex specialis derogat legi generali or lex posterior derogat legi priori ; they are suppressed.