In contrast to public law, the right one as the carrier public authority designated to each other in private law regulates the relations of individuals and social groups. The core of private law is the civil right that is enshrined in the Civil Code (BGB).
The extensive, more than two thousand paragraphs comprehensive civil code took effect on 1 January 1900 in force. It is characterized by classical liberal ideas: individual autonomy, property, free competition.
The basic idea is the notion that everyone is free should be to make its own sphere of life itself, but here that he received notice from the obligations and the rights of others. The provisions of the Civil Code are legally subordinate to the everyday life of central importance.
The Civil Code is divided into five books:
1) the the general with basic private law provisions on legal capacity and capacity , declaration of intent, business and contract law, agency and approval, etc.;
2) the law of obligations in its various types of contract (purchase, rent, loan, contract of employment, contract, etc.);
3) property law with the rules governing the legal relations between persons and objects;
4) the family law with its provisions on marriage, divorce, kinship and guardianship;
5) the inheritance, the death of a man which regulates the transfer of its assets.
The General Part contains the definitions and rules that are binding on all other parts of the Civil Code. He is principally concerned with the natural and legal persons and with the actions of persons in legal relations.
Everyone is quite capable, therefore, to rights and obligations are. The legal capacity begins with the completion of the birth. Age, gender and state of mind play no role. However, it can not make any legally responsible person legally significant actions.
legal capacity, who can make legal transactions through its own actions. The capacity developed in three age groups. Pending the completion of the seventh year the child is incapacitated. The legal representatives (parents or guardian) to act for the child. From the seventh Lenensjahr of occurrence of age (the age of 18) is the young man limited competent. come of age, man is fully competent.
have legal capacity and legal persons. Undertake several people in contract against each other to achieve a common purpose, there is a Civil law. is directed to the purpose of operating a commercial enterprise under a common business, they're either a general partnership or a limited partnership. characteristic of these societies is that the assets of the Company not as such, but the common shareholders deserve. For corporate debt, the shareholders shall be jointly and severally liable.
An association as a legal entity created by agreement of a statute, which defines the particular purpose of the association, and by registration in the Register of the District Court conducted. Organs are the General Assembly and the Board. The Board conducts the business of the association and represents it in and out of court.
Private law known only to the Civil Code regulated the organization of the Association and the Foundation still other legal persons, especially in the field of commercial law. These include the so-called corporations: the Aktiengesellschaft (AG), the limited liability company (LLC), partnerships limited by shares (KGaA), which represents the membership interests (shares, business interests) that you can buy and sell.
Natural and legal persons shape their legal relationship to each other by a legal transaction. This consists of one or more declarations of intent by the a particular legal success will be achieved. The most common practice in the transaction is a contract between two or more persons, by request (offer, quote) and acceptance comes the application. In addition to the multi-page transactions, such as the Treaty, there are unilateral legal acts, such as rescission, termination or the creation of a will.
It should be noted that transactions generally require any form. There are exceptions to the principle of freedom of form, and that is when the law is a form expressly require or have the parties agreed to maintain a certain shape. As forms of the Civil Code provides: writing (for example, hire purchase, housing leases with a minimum of one year), public authentication (for example, to register for the club and the commercial register) and notarization (for example, for land purchase contracts, gifts).
1) What is the core of private law?
2) When was the Civil Code (BGB) came into force?
3) down as the Civil Code?
4) What contains the General Part of the Civil Code?
5) Who is legally responsible?
6) Who is legally competent?
7) Which companies are legal entities?
8) How is a legal entity?
9) What is a transaction?
10) What is a contract?
11) What types of transactions provides the BGB?
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