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Extra info for German Legal System And Legal Language 3 e
If it allows the complaint, the Federal Constitutional Court pinpoints the relevant breach of the Basic Law. 18 (v) The decision of the Federal Constitutional Court regarding a norm has statutory force (‘Gesetzeskraft’; § 31(ii) BVerfGG). 2 Certain of the basic rights only benefit Germans (Articles 8(i), 9(i), 11(i) and 12(i) GG). Despite the precedence of federal laws over that of the ‘Länder’ (Article 31 GG; ‘Bundesrecht bricht Landesrecht’), those basic rights also contained in constitutions of the ‘Länder’ remain in force so far as they accord with Articles 1–18 GG (Article 142 GG).
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. 29 § 104 BGB defines those who are ‘geschäftsunfähig’, ie, infants under seven and persons permanently mentally disturbed. ) by a person in a state of unconsciousness or suffering from a temporary intellectual impairment (§ 105).
By means of a ‘Rechtsgeschäft’, a ‘Rechtssubjekt’ can achieve a legal consequence (‘Rechtsfolge’) and create or vary a legal relationship (‘Rechtsbeziehung’) to another ‘Rechtssubjekt’ or to a ‘Rechtsobjekt‘. 25 The term ‘Rechtsgeschäft’ is part of the more general term ‘Rechtshandlung’. To be additionally distinguished are: – a ‘Rechtshandlung’ directed to achieving a factual consequence, eg, the setting of a time limit, consent to an operation, establishment of a ‘Wohnsitz’. This is an action similar to a ‘Rechtsgeschäft’ (‘rechtsgeschäftsähnliche Handlung’) and the provisions concerning ‘Geschäftsfähigkeit’ and ‘Willenserklärungen’ are applied analogously.