With an institute it concerns an existence of personal and neutral means, which serve for the durable fulfilment of certain tasks. These institutes are thus legal entities, who can participate independently in right traffic. Beside the institute of the public right gives it in addition, organizational units under private law, which lead the term "“institute"” in their name: hospitals (under private law), institute for plate.

Legal-historical definition after Otto Mayer: A public institute, is an existence of means, neutral like personal, which in the hand of a carrier public administration a special public purpose continuously serve are certain (from German administrative law, 3. Edition, 1924.)

Contrary to bodies institutes are not mitgliedschaftlich organized; they have rather users.

Examples of institutes of the public right are for instance the public broadcasting corporations, the institutes for national medium, the Federal Social Insurance Institution, savings banks, ZVS or also schools and hospitals.

In the last years the different regional legislators made possible for the municipalities to create by statute own institutes. Ranges of application are often ranges like e.g. the sewage disposal or the refuse disposal. Background of this development was the opinion, to the municipalities an alternative to the establishment of organization forms under private law as to be e.g. opened the popular GmbH. Thereby control should be received by the honorary committees.

Institutes regulate - like bodies - their own affairs themselves by means of statutes. The Wesentlichkeitstheorie is to be considered.

Articles in category "Institute"

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