Was Ist Eine Legal Definition – Master Baker
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Was Ist Eine Legal Definition

From Dutch legaal (“legal”), from legal French, from Latin lēgālis. Because of the relativity of legal terms, a legal definition in one statute does not necessarily apply to other statutes. For these other laws, the meaning of the term must be clarified by interpretation. If this legal definition is also to apply to other laws, this must be explicitly mentioned in the relevant provisions. As already mentioned, the Depotgesetz uses an exhaustive list in § 1 Abs. 1 DepotG, which defines the scope of the term “securities”. This law is a law on banking supervision, which applies only to relations between credit institutions and BAFin/Deutsche Bundesbank. § 4 para. 24 no. 1 AWG expressly refers to the legal definition of DepotG.

By virtue of the reference, the legal definition of DépôtG is also applied within the framework of the Foreign Trade and Payments Act. A legal entity corresponds to the notion of legal person. A legal entity holds rights and each entity has legal status. In 2008, a mini-GmbH called Unternehmergesellschaft (UG) was introduced to help and encourage entrepreneurs with only limited capital. The minimum capital requirement for Unternehmergesellschaft is €1. Each year, a UG is required to set aside at least 25% of its annual net profit, until its reserve capital reaches the legal minimum of € 25,000, after which it can change its legal form to GmbH. The scope and content are used for the purposes of the law, in which the legal definition is included. In legal terms, this legal definition may be deliberately narrow, which immediately restricts the applicability of the law concerned in everyday life. Such a broad definition ensures the full applicability of the relevant provisions. A legal definition may deliberately define a term differently from what is usual in everyday language and thus broaden or restrict the scope of the law. Because of their binding effect on the courts, legal definitions also serve to control them and are therefore an expression of the principle of separation of powers. Some legal definitions deal with less subtle linguistic terms in order to limit the applicability of the law to certain cases.

Thus, Article 3(1) of the Law on utility models defines the word `new` as not prior art. The legal definition is the definition of a legal term in a statute by the legislator. Legal terms that are not legally defined are indeterminate legal terms. The phrase “The right to demand an act or omission from another” is the legal definition of the legal term claim. There is no central register of companies in Germany; instead, a company is registered with a local court where the company`s registered office is located or where the GmbH has its registered office. The use of a legal definition means that all parties involved in legal transactions can orient themselves on the characteristics specified by the legislator and draw legal consequences from them. If different situations are to be included in the same legal concept, the same legal consequence applies in all cases. [6] Through the content and scope of the legal definition, the legislator generally also determines in which situations the legal consequences should occur and in which not. Many frequently used terms of considerable legal importance have not been further defined by a legal definition because Parliament presupposes that they are known (such as the term “interest”[3]). In such cases, it is deliberately left to the case law to ensure interpretation.

In the case of the concept of interest, this has already been done by the Imperial Court of Justice and later by the Federal Court of Justice. Legal definitions are based on the conclusions of definition theory and therefore use so-called explicit definitions. legal m or n (feminine singular legală, masculine plural legali, feminine and neuter plural legale) For many terms worthy of definition, it deliberately avoids a legal definition, as their content and scope may change over time and therefore a legal regulation would no longer correspond to current legal practice. In the Business Corporations Act 1965, for example, the legislature refrained from defining the term “company” because it seemed too complicated and involved great practical difficulties. [1] In some legal definitions, terminological characteristics that everyday language takes for granted are not adopted. For example, the term “building” is defined in the building regulations of federal states and, when listing the various design features, leaves open the question of whether a building must also have windows or walls. According to building regulations, buildings are “independently usable covered structures that can be penetrated by persons and that are suitable or intended to serve the protection of persons and animals or property” (§ 2 Abs. 2 LandesbauO NRW). The buildings are houses and other structures, including underground parking lots. [2] The enclosure by walls is not relevant; The canopy alone is sufficient.

The fact that windows and walls are not part of the legal definition is certainly not a legal gap. On the contrary, the concept of building has been defined in less concrete terms, so as not to exclude from the outset the further structural development of other forms of construction by defining the concept of construction too narrowly. legal (comparative plus legal, superlative plus legal) For citations using this term, see Citations:legal. The legislator quite often uses the means of legal definition. In doing so, it runs the risk of not covering all possible applications if the definition is too narrow, whereas it would have liked them to be covered (legal vacuum) or, if the definition is too broad, to also cover cases that should not be covered by the law (deadweight). While in older statutes such as the Civil Code, legal definitions were used more sparingly and are nested when a term is first used, in more recent statutes it is common to precede a catalogue of definitions. The latter legislative technique is the result of European and Anglo-American influences (jurisprudence) and can only be observed since the end of the 20th century. Borrowed from the Latin lēgālis (“legal”), from lēx (“law”). Doublet of loyal and leal. legal (strong masculine nominative legal singular, not comparable) An entity refers to a person or organization that has separate and distinct legal rights, such as an individual, partnership or business.

A business can own property, do business, enter into contracts, pay taxes, sue and be sued, among others. A company is able to act legally, prosecute and make decisions through agents, such as a company, state or association. The most common legal entity in Germany and Austria is the Limited Liability GmbH. Under German law, the minimum capital required for setting up a GmbH is 25,000 euros, half of which must be available before the company is registered in the commercial register, the central platform for storing legally relevant company data. In this way, the country guarantees that only solvent entrepreneurs are able to set up new businesses. More detailed information can be found in the DWDS Word profile at ›legal‹. Legal advice; legal advice or expert opinion of a specialist lawyer on generally international legal issues. For example, a contractual commitment in a foreign language and in a foreign legal field is examined.

In the context of securities lending, for example, it is checked whether the PSA/ISMA framework agreement complies with German law (insolvency law). In terms of law, a legal definition is generally recognizable by the fact that the defined term follows or precedes the legal definition in parentheses. An example from German civil law: “The right to demand an act or omission from another person (claim) is subject to statute of limitations. When a newly founded GmbH applies to the company register for registration of the company`s incorporation, it must also appoint its first director and include a list of its shareholders. A supervisory board is required if the company has more than 500 employees; Otherwise, the company is only managed by the managers who have unlimited authority over the company. In the period between the creation and registration of the company, business activity can be started, making participants personally liable. However, the company only takes effect after it is registered, which usually takes up to three weeks, with shareholders protected from personal liability. [Last updated February 2022 by Wex Definitions team] (See-nay kwah nahn) Preparation.

Latin for “without which it could not be”, an indispensable action or condition. Example: If Charlie Careless hadn`t left the keys in the ignition, his 10-year-old son wouldn`t have been able to start the car and secure it with Polly Playmate. Charlie`s act was therefore the sine qua non of Playmate`s injury. A limited liability company is a company whose shareholders` liability is limited to the amount of their initial investment and where shareholders are not liable for the company`s debts, thus protecting their personal assets in the event of the company`s insolvency.

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