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The term disposition is used in many countries in numerous areas of law , but its exact meaning varies depending on the area. Often the term stands for a type of judicial decision .

civil right

In civil law , the disposition describes the direct effect on an existing right. Forms of disposal are the transfer, encumbrance, revocation and modification of the content of a right.

  • A transfer occurs when a right is transferred from one owner to a new one. E.g. the transfer of ownership of a thing.
  • A burden is when a real right in favor of another is restricted, such as the appointment of a mortgage in accordance with § 1191 BGB if it causes a third party is granted the right to satisfy itself by enforcement in the property.
  • The repeal of a right in rem causes it to expire.
  • A change in content occurs when the content of the right in rem is changed, for example the restriction of the right to use from a granted usufruct. However, this is only permitted to a limited extent, it is necessary to comply with the legal framework in the form of type compulsory property rights.

Rulings are predominantly of a property law character . Examples are the transfer of movable property ( Fahrnis ) ( § 929 BGB) or land ( § 873 BGB), the approval of the reservation ( § 893 case 2 BGB) or the ordering of a mortgage ( § 1113 BGB).

But there are also injunctions under the law of obligations . Examples include the remission ( § 397 BGB) and the assignment ( § 398 BGB) of a debt.

For clarification and delimitation see also: obligation transaction , principle of separation , principle of abstraction , prohibition of disposal .

Public law

In administrative law , a sub-area of public law , an order (abbreviation Vfg. ) Refers to a measure or decision by an authority. This can be given to the outside world , for example in the form of a notification , or it can contain instructions for internal operations as an office order.

Examples of external orders ( administrative act ):

In this area, a distinction is made between (individual) disposal and general disposal .

Examples of internal administration orders:

  • File copy of a letter with identification of the date of sending and arrangement of an appointment for the resubmission .
  • Instructions for the further course of business and / or the further handling of an administrative process.
  • Instruction to the authorities' treasury to withdraw or collect a sum of money.
  • Final decree upon completion of a completed process ( Z. d. A. = to the files ).
  • Circular notice (circular note) from a superordinate authority to its subordinate authorities for the purpose of all-round, even notification and compliance.

Criminal law

The term “ disposal ” is also used in criminal law . For example, the offense of fraud ( Section 263 StGB ) requires the deceived person to dispose of property. In investigative and criminal proceedings, the order is an order issued by a public prosecutor , judge or senior judicial officer .

Procedural law

In procedural law , the term is defined ambiguously. In general, an order (decretalie, decretalie) denotes the work instructions of the judge , senior judicial officer or a clerk of the court (for example a cost officer) to the subordinate area. With rulings, among other things, orders for process or procedural management (decree, decree) are made.

In proceedings under the Act on the Procedure in Family Matters and in Matters of Voluntary Jurisdiction , the order refers to the final decision of the judge or the judicial officer , which may arise. a. from § 258 Abs. 2 FamFG results.

This must be distinguished from the temporary injunction , which is issued in accordance with the rules of the Code of Civil Procedure (see there).

See also

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