Script A Flashcards
Basic
! What is “law?”
Law is the set of norms that regulate the co-existence in a mandatory manner.
! Which (5) “main actors” create the applicable law for the Federal Republic of Germany?
- The Community of States
- European Union
- The Federal State (BUND)
- The 16 States (Länder)
- The public corporations, institutions and foundations
What types of legal norms are created by
1) the community of states
2) the European Union
3) the Federal State (“Bund”)
4) the States (“Länder”)
5) the public corporations, institutions and foundations?
- International treaties
- EU regulations and directives
- Basic law, laws and regulations of the Federal State
- Constitution, laws and regulations of the state
- Regulations and statutes
In Germany, all legal norms can be assigned to two areas of law. Which?
- Private law
- Public law
What is characteristic of legal provisions that belong to private law?
The rules that contain the law that applies to everyone in the same way
What is characteristic of legal provisions that belong to public law?
The rules which always entitle or oblige the Order of State Power in a special way
In the field of private law, the Civil Code (CC) is the most important law. Which (5) books does the BGB (Bürgerliches Gesetzbuch) consist of?
- General Part
- Law of Obligations
- Law of Property
- Family Law
- Law of Succession (Inheritance)
What is the relationship between the provisions of the first book of the Civil Code and the other 4 books?
The book of the Civil Code contains general provisions that apply to all 4 subsequent books
For example, the regulation on contracts contained in the first book apply in the same way to:
Contract under the Law of Obligations, Property Law, Family Law, and Law of Succession
The Civil Law according to the Civil Code is of central importance for the German private law. What are the 3 other areas of private law?
- Commercial Law
- Company Law
- The Labour Law
Administrative Law
Public
Condominium and Tenancy Law
Private
Criminal Law
Public
Family Law
Private
Inheritance Law
Private
Labor Law
Private
Migration Law
Public
Social Law
Public
Tax Law
Public
! As a rule, legal provisions contain 2 parts. Which ones?
- A statutory fact with 1 or more statutory factual requirements
- A special legal consequence
! What are the legal provisions characterized by?
An “IF/THEN” structure
