chicane
A harassment is a measure taken in particular through the "use of state or official powers through which someone is unnecessarily difficult"; based on it also "petty, malicious torture".
Etymology and conceptual history
The verb bullying for `` arbitrarily, willfully treat maliciously '' initially stood for `` twist a situation '', `` falsify '' and in the 16th century it was changed from central French (French: chicaner , `` to plague someone with exaggerated little things '', `` prosecuted '') borrowed , whose word ending -aner probably from the verb meaning similar ricaner was grinning taken ',' mock '. Chicanery for 'deliberately mean treatment', 'malice' was established in the 17th century and legally meant a 'twist of the law' as well as 'subtlety', 'kniff', according to which in the 19th century German the phrase with all harassment 'with all refinements' , 'With all accessories' was created.
Meyer's Großer Konversations-Lexikon defined Schikane in 1909 as:
"[...] a difficulty caused with bad intentions, through which the execution of a thing intended by another is to be delayed or prevented ( calumnia ). The Civil Code grants protection against such an offense through § 226 (so-called harassment paragraph ), according to which the exercise of a right is inadmissible if it can only have the purpose, i.e. any other purpose is excluded, of inflicting damage on another. Further protection is provided by Section 826, according to which a person is obliged to compensate for the damage who willfully harm another person in a manner contrary to common decency. In addition, the civil code contains a number of individual provisions that seek to prevent the abuse of a right. To secure against S. in the process, the so-called Oath of danger (sd). The provisions of the Code of Civil Procedure protect against S. in conducting the case that the costs of the case have to be paid by the person who unnecessarily delayed the case, and that in a frivolous manner defenses brought up late could be rejected. A strong protection against S. is finally also the obligation to provide security (see security ). Hence harassment , someone who tries not to allow the legal claims of another to come into play, a schemer . [...] "
The word "chicane" is used in common parlance to mean maliciously created difficulty, torture or petty hair-splitting and is in the context of topics such as bullying .
Ban on harassment
In German law, the exercise of a right is not permitted “if it can only have the purpose of causing damage to another” (ban on harassment, § 226 BGB ). The ban on harassment is regulated in a similar way in Austria (compensation, § 1295 ABGB ) and in Swiss law (good faith, Art. 2 ZGB ). This is to prevent the enforcement of a nuisance bonus , for example .
See also
Web links
Individual evidence
- ↑ Duden : Schikane , accessed on June 1, 2013.
- ↑ Schikane , Etymological Dictionary according to Pfeifer, online at DWDS , accessed on June 1, 2013
- ^ Meyers Großes Konversations-Lexikon, Volume 17. Leipzig 1909, p. 786 ( online at zeno.org, accessed on June 1, 2013).
- ↑ Duden, Das Fremdwörterbuch 1982, p. 397
- ↑ Norbert Kollmer: Mobbing in the employment relationship: What employers can and should do about it. Hüthig-Jehle-Rehm publishing group, 2007, p. 23
