Relative law
A relative right is a subjective right that, in contrast to an absolute right, is only effective against certain people, is only violated by them and can only be enforced against them. Relative law establishes a legal relationship only between certain legal subjects , while absolute rights, such as rights in rem, determine the legal position of a legal subject vis-à-vis all others.
Relative rights give the person entitled a right to demand that another act or omit ( Section 194 (1) BGB). They only authorize and oblige those involved in the specific legal relationship , e.g. B. a contract with which the right in question was established ( inter partes ).
Contractual or “mandatory” rights are also called claims . In some cases, the design rights that do not represent claims, such as the right to withdraw from the contract, etc. Ä., counted to the relative rights.
Web links
- Lothar Philipps: Absolute and relative rights and related phenomena. The combinatorial recording of the design options in: legal theory and legislation. Festschrift for Robert Weimar . Verlag Peter Lang , 1986, pp. 391-399
- Jan Jakob Bornheim: The Effect of Relative Property Rights in German Conflict of Laws, Rabel Journal of Comparative and International Private Law , 2015, pp. 36–71
Individual evidence
- ↑ relative law bpb , accessed on January 22, 2018
- ↑ Henrik Lopau: Relative and absolute rights, expectant rights. Retrieved January 22, 2018.
- ↑ Henrik Lopau: Relative Law: Creditor-Debtor Relationship (Obligation, Claim, Claim) Retrieved January 22, 2018.
