Download e-book for iPad: German Legal System And Legal Language 3 e by Fisher

By Fisher

ISBN-10: 185941706X

ISBN-13: 9781859417065

This re-creation of The German criminal process and felony Language has been completely revised and provides a different, annotated compendium of German private and non-private legislation and felony language in English. The textual content incorporates a succinct, systematic survey of the norms and ideas of a few of the most components of German legislation. it's supported by way of a better half site, on hand completely to clients of the e-book, which deals precise notes; an in depth, really expert vocabulary; and a paragraph sign up to assist the reader locate supplementary info if required. The German felony approach and criminal Language is a helpful resource of rationalization and orientation for local English-speakers looking an authoritative and trustworthy advisor to this complex topic and a formal figuring out of the proper terminology. overseas attorneys, educational jurists, scholars, translators and an individual drawn to German legislations and felony language will take advantage of this specified print and on-line reference.

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Extra info for German Legal System And Legal Language 3 e

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Title 2: ‘Willenserklärung’ (declaration of will): §§ 116–144. Title 3: ‘Vertrag’ (contract): §§ 145–157. Title 4: ‘Bedingung’ (condition). ‘Zeitbestimmung’ (time provision): §§ 158–163. Title 5: ‘Vertretung’ (representation/agency). 28 Title 6: ‘Einwilligung’ ((prior) consent). ‘Genehmigung’ (approval): §§ 182–185. (a) Title 1 (§§ 104–115 BGB) Although the BGB contains no specific provision to that effect, it proceeds on the basis that ‘Geschäftsfähigkeit’ (the capacity to undertake a ‘Rechtsgeschäft’) commences with the age of majority (‘Volljährigkeit’), which, by § 2, is 18 years.

11 Other ‘Rechtsobjekte’ are ‘Immaterialrechtsgüter’ (intellectual property) and ‘Rechte’ (rights). 13 A ‘subjektives Recht’ is conferred upon a person by the legal system (‘Rechtsordnung’) to protect his interests. A ‘subjektives Recht’ is the legal power (‘Rechtsmacht’) or legally protected interest (‘rechtlich geschütztes Interesse’) of the individual, as opposed to the objective law (‘das objektive Recht’), which is the sum-total of all valid norms. It is to be distinguished from the so-called ‘Rechtsreflex’ (legal reflex), which is the nonenforceable favouring of an individual by the legal system.

31 A contract concluded by a minor without approval is regarded as valid from the start, if the contractually required ‘Leistung’ (performance) is (immediately) effected (‘bewirkt’) with ‘Mitteln’ (funds) given to him by his parents for that purpose or placed at his free disposal by his parents (or by a third party with their approval): the socalled ‘pocket-money’ (§ 110). Prior consent is deemed to have been granted. A contract with a minor can, therefore, be approved by parents before or after its conclusion.

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German Legal System And Legal Language 3 e by Fisher

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