areas of law (for groups 1A, 1Б, 3А-06)
law can be viewed from various aspects.
objective law and individual right
Even the slang meant by the law, such rules that are binding on human behavior in society . Here, the term "law" in is applied two ways.
objective law
as objective law includes the term "right" the legal system, that is the entirety of the legal provisions, that the ratio of a group of people together or to u ; superordinate public authority or sovereignty is resolved among such carriers.
These rules can be set explicitly - this is referred to legal standards and thereby literally under certain conditions, specifically of " laws. Or these rules may have evolved over many years of practice - as customary law . The case law developed by the principles (case law ) belong to the objective law.
Subjective right
meant by subjective right to the laws authority, ie the claims that arise for the individual from the objective law (one of the latter as the citizens' fundamental rights).
Absolute rights and relative rights
The individual's rights can be divided into absolute and relative rights.
Absolute rights called rights, subject to the absolute (ie are to be observed by anyone), such as the property that Copyright , the right to physical integrity or the general right .
The ownership of a thing gives the owner the power to freely proceed with the matter and exclude others from every influence. One therefore speaks of a "rule of law", a "real right" or a right "to an item. In addition to the property as a principle comprehensive rule of law, there are limited real rights that allow use only in certain relationships, such as the possession or usufruct . These are absolute rights.
Relative rights are rights that are directed against certain persons. The relative rights is central to the claim , namely the right to require by another act or omission. These typically include the rights under contracts, such as the contract the buyer's claim to Eigentumsverschaffung and vice versa seller to pay the purchase price, but also many others who compensation claim eg tort for injury to body or property of other .
a special kind of individual rights are design rights, which give the power to establish legal rights to alter or abolish - typically about notices , the challenge of declarations of intent or withdrawal from the contract. regulate
Formal and substantive law
The rules of law, the rights and obligations, known as substantive law , for example, the rules of the Criminal Code when a murder present and how he is punished or the provision in the Civil Code that in case of a breach of duty by a Contract the creditor can demand compensation.
Those rules for the enforcement of substantive law, however, as formal legal means, ie in particular the rules of procedure of the individual judicial branches as Criminal Procedure for criminal that Civil Procedure or the Administrative Procedure . Legal right are the rules on the procedure in which in public law be adopted as the administrative file Administrative Procedure Act .
After the scope is different national (domestic) law that applies within each state, Community law a community and international law, international law .
National Law . National law can be determined by the legislative body be divided further. In a There state like Germany federal law and state law .
Below the state level, there are related legal authorities ( municipalities, counties ) and professional public bodies (eg Bar Association) , for their part also can set right.
international law . The international law extends beyond the territory of a State. It consists of standards governing the rights and obligations of subjects of international law. These are primarily states but also international organizations such as the United Nations . International law created by treaties between two or more States or by custom.
Community law . A sui generis right is the Community law of the European Union dar.
Public and Private Law
will make the rules in the law divided in Public Law and Private Law . This division of the total law, which was already in Roman law developed is today the differentiation according to the opposing entities based.
The public law regulates the relationship of the individual to State or other public authorities and the ratio of administrative support to one another. In this sense, the public right includes in particular the state law, the law that church law, but also the criminal , to the process rights, thus in particular also Litigation and the Criminal Procedure Law that tax law , social security law and the entire administrative law .
In contrast to public law governs private law only the relationships between people. forms the core of private law, civil law. It applies to everyone, regardless of what career he is pursuing, or as otherwise his legal position. Because it applies to any civis , it is called and civil law. Civil law includes the law of obligations, property law, family law and inheritance .
In the area of private law includes the right to trade as special private law of the merchants with his son- dergebieten change and check law, company law and corporate law . In addition there are private law provisions in copyright law and the inventor and partly in the trade regulations.
Whether the buyer the seller to transfer the purchased goods require may results from the private law. contrast, the question of who the state to pay sales tax is required to answer the tax law, the belongs to public law. This definition applies certainly not always true. For example it is in parent-child relationship and a certain over- subordination, yet belongs to the family law private law.
Some matters can be a strict separation between public law and private law does not apply. Sun are, for example in employment and im Wettbewerbsrecht sowohl öffentlich-rechtliche wie privatrechtliche Vorschriften enthalten.
