Document

Documents are pieces of information that contain the font.

General

A document must contain, by definition, something in writing. According to the definition of the BGH Scripture is materially embodied a set of characters, " which are perceptible by eye or touch directly represent words and indirectly thought contents ". In addition, they must have a certain durability having, are thus retained over a longer period. This definition is broader than the meaning of the word " document " in the colloquial sense. Too tight, however, is the definition of the dictionary, for it must be in the document to an "official, official letter ." The document is the transport and evidence to convey a certain thought content. In this form the documents are of considerable legal and factual significance. Therefore, laws and case law use the term document very often, but avoid a legal definition and set its notoriety advance. This is an indeterminate legal concept.

Requirements

A document must have overcome the design stage and placed on the market with knowledge and desire of his exhibitor's ( right-hand traffic will). Literacy within the meaning of § 81 Section 1 Sentence 1 Code of Administrative Procedure, therefore, requires a written form and in principle the handwritten signature. Electronic documents shall be deemed to document if they have a qualified electronic signature according to § 2 No. 3 Digital Signature Act. The document has an exhibitor and at least one receiver.

Documents in laws

The term document is used in laws. The broadest definition of the concept of a document is found in § 202 paragraph 1 No. 1 of the Criminal Code, which deals with the secrecy of correspondence and of the " sealed letter or other sealed document " starts. A central concept of correspondence is the document. After a document may be handwritten or contain a printed text, foreign languages ​​or Chinese characters can also be captured by the facts, even notes, secret writings, drawings and pictorial writings fall within the scope of protection, but is not a signature required. The essence of a document is one that embodies a basic content. Even documents that are intended for personal use only of the author ( diaries ) are recorded by the facts in the letter secret.

Of the many other statutory provisions in which the document is mentioned, should be singled out:

• The file systems of the individual federal states require that " a writ of summons in principle ... to register under a number" is.
• § 1901c BGB ( care law): "Whoever has a document ... ".
• § 11 paragraph 3 of the Criminal Code (criminal disambiguation ) clarifies that offenses which build on "Fonts" and cite the provision of § 11 of the Criminal Code, on sound and image carriers, data storage, illustrations and other depictions are applicable. This can ultimately be available thoughts declaration starting point for such criminal offenses each embodied or otherwise ( eg, electronically ). However, if only in and for a single recipient (or for yourself) writes, does not constitute a " writing " her.
• Civil procedure service regulations dealing with the service of documents from the § § 173 et seq Code of Civil Procedure ( in particular § 180, § 181, § 183 or § 188 ZPO). As judicial documents such documents, which are related to court proceedings apply.

Species

Documents may be original or copies or photocopies, they can occur singly or in mass printing ( mass printed matter ). Content of letters, business letters and business letters are like the procedural pleading also to the documents. The carrier medium may be analog media such as paper or microfilm, but also digital media such as a data memory on which electronic documents can be stored. Several documents or documents relating to a topic called - depending on the area - process, convolute or records. Copies of documents are digitized for example, photocopies and facsimiles.

Probative documents

All documents are documents but not all documents are records. Must be written - as opposed to documents - not always contain some evidence Vigorous or Legally binding. Therefore, the documents do not always have a certain shelf life.