The order is generally an arranging regulation. The term is in all right areas common, its exact meaning different depending upon area however.

Civil law

In the civil law one understands a legal transaction, by which the ordering affects direct an existing right, by order it thus either on third transfers or loaded with a right or the right waives or it in any way in its contents changes (BGHZ 1, 294, 304). One speaks also of an order business. Forms of the order are the transmission, load, contentwise change and the abolition of a right.

Orders have a completely predominantly thing-legal character. Examples are the conveyance of mobile things (Fahrnis) (BGB) or properties (BGB) or the order a mortgage (BGB).

In addition, there are contractual orders. Gennannt its here e.g. the decree (BGB) and the transfer (BGB) of a debt.

For the elucidation and demarcation see also: Order business, act which creates an obligation, separation principle, abstraction principle.

Public right

In the administrative law, a subsection of the public right one designates the one measure or decision of an authority with order (Abk. Vfg.), frequently in form of an answer.

Examples:

• Vfg. to delegate a special treatment by the group leader.
• Vfg. to a road user, to continue (in the context of the traffic regulation by an office-holder).

It is differentiated between (single) order and general decree.

Criminal law

Also the criminal law uses the term of the order. Thus the facts of the fraud (StGB) e.g. presuppose a fortune order of deception. In the determination and criminal procedure the order is an instruction given by public prosecutor or judge for special line.

Procedural law

In the procedural law an order designates the work instruction of the judge, right male nurse or a specialist of the court (for example a cost official) to the subordinate range. With the order among other things instructions are given for the process or procedure line.

Of it to differentiate is the provisional order (see there).

See also

• Decision (court)

Articles in category "Order"

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