Functioning of Legal Systems

Question 1

When is a rule binding?

Answer 1

• when it is passed by legislation, i.e. when it gets a legal form (=written law)
• if customs are acceoted by legal subjects (=unwritten law)

Question 2

Who makes the law?

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2.
3.

Answer 2

• legislation, parliament
• administration, official authorities
• jurisdiction, courts

Question 3

What is Private Law?

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4.
5.

Answer 3

• legal transaction between private entities (equal footing)
• contract law, sales law, tenancy law, commercial law
• property transactions
• family law, law of succession
• legislation = bürgerliches gesetzbuch BGB

Question 4

What is public law?

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4.
5.

Answer 4

• legal relationships between private entities and the state
• acts are done in exercise of public authority
• binding authority
• subordination relationship between people and the state
• legislation = constitution (grundgesetz) and the codes of administrative law (VwGo, VwVfG)

Question 5

What are the differences between public law and private law?

Answer 5

• a legal relationship is part of public law if one party exercises its sovereignity and acts as a legal authority (=binding effect)
• forms of acting are: public law (administrative act) and pricate law (contract)

Question 6

What is the binding effect?

Answer 6

• a legal relationship is part of public law if one of
  the legal subjects exercises its sovereignty and
  acts as a legal authority

Question 7

What is part of public Law?

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2.

Answer 7

• constitutional law
• administrative law

Question 8

What are aspects of the constitutional law?

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2.

Answer 8

• law relating to the constitution of the state (state authorities, legislative procedure, right to vote,…)
• fundamental rights (within the contitution, addresses, evtl violation of fundsmental rughts, competent court, claims, …)

Question 9

What does administrative law contain?

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Answer 9

• public administration
• competence of public authorities
• types of action used by public authorities
• taking of action by each person

Question 10

What does Criminal Law deal with?

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Answer 10

• defines illegal acting and how to fairly punish it
• determines amount of penalty
• legislation = strafgesetzbuch (StGB) = criminal code

Question 11

What are the books of the BGB (=civil code)?

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Answer 11

1. general part (-§240)
2. contract law (-§853) - general and special
3. property law (-§1296)
4. family law (-§1921)
5. successions (-§2385)

Question 12

From top to down: Whats the hierarchy in the EU?

Answer 12

• EU
• national constitution
• statutes / codes

Question 13

What does book 4, family law, deal with?

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Answer 13

• family, custody, origin, adoption
• marriage, divorce, family home, matrimonial property
• family relationships, maintenance obligations, child support
• custody and legal guardianship