Standard
Material norms ( norms of material law ) are those norms or legal provisions which contain a legal consequence at the level of material law .
In international private law, a substantive standard is a legal provision that regulates material questions relating to a legal question relating to a situation with international relevance and is therefore decisive for the legal case. By contrast, a conflict of law rule is a legal regulation that first regulates the question of the applicable legal system, which contains the substantive norms that are relevant to the matter. When examining a legal case with a foreign connection , the relevant conflict of law rule is always determined and interpreted first. This is generally taken from the IPR law of the forum state , in order to then derive the applicable legal system from the conflict rule determined in this way. From this legal system, the relevant material standards for the case can then be taken directly, provided that a material standard reference is present. In the case of a reference to specific norms, in accordance with Art. 3a I EGBGB, reference is only made to the applicable norms, without referring to the conflict of law norms contained in IPR law. In the case of an overall referral, on the other hand, a conflict of law rule of the forum state refers to both the factual and those conflict of law rules that result from the IPR law of the legal system that is now applicable. As a result, the applicable material standards, which are also referred to, are not yet finally determined, because other material standards can result from a subsequent referral on and back at the conflict of law level. The purpose of a general referral is to ensure international consensus on decisions in the area of IPR, i. H. of the applicable conflict of laws. In the case of a material standard reference, on the other hand, the focus is on material justice, which results from an assessment of the forum state that is considered to be more compelling.
Another term technicus in this context is the lex causae . The lex causae is the law that also contains the relevant material norms for the factual issue of a legal case with foreign relevance and is called to be applied according to the determination of the applicable legal system by means of IPR law. The lex causae thus designates the substantive norms of the legal system which are called to apply and which result from the establishment of the IPR law of the forum state.
In Germany, most of the material standards can be found in the BGB and the HGB . For example, the conflict rule determines the art. 7 I 1 BGB, that the capacity of a nine year old after his nationality directed. Its only limited legal capacity results from the factual norm of § 21 II east. ABGB (underage) if he is Austrian. If he were a German citizen, § 104 No. 1 BGB would be the relevant norm. In the case of German citizenship, German law is from the point of view of the forum state (here: Germany) lex causae for the legal question of legal capacity.
