Injunction

The injunction is in the right general arranging a determination. The term is used in all areas of law, its exact meaning depending on the area but different.

Civil law

In civil law is meant by disposal into a transaction by which the operative acts directly on an existing right, so either transfer it to a third party or subject to an interest or waive the right or otherwise as in its contents change ( references omitted 1, 294, 304). It also speaks of a disposal business. Forms of disposal include the appointment, transfer, encumbrance, the substantive amendment and the repeal of a law.

  • A transfer occurs when a right of a holder goes to a new one. For example. to hand over the ownership of a thing.
  • A strain occurs when a right in rem in favor of another is restricted, for example, the appointment of a mortgage pursuant to § 1191 of the Civil Code, if this means a third party is granted the right to seek satisfaction through enforcement in the land.
  • A content change occurs when the content of the right in rem is changed, for example, the restriction of the use of an overdraft granted usufruct. However, this is only restricted admissible it is necessary to meet the legal framework in the form of forced type of thing right.
  • The cancellation of a right in rem brings this void.

Dispositions have predominantly property law character. Examples are the transfer of ownership of movable property ( chattels ) (§ 929 BGB) or property ( § 873 BGB) or a mortgage ( § 1113 BGB).

But there are also to blame legal dispositions. Mention may be made here, for example, the adoption ( § 397 BGB) and the assignment ( § 398 BGB) a debt.

For clarification and delimitation see also: available business, financial obligation, separation principle, principle of abstraction, disposal ban.

Public law

In administrative law, a branch of public law, is referred to with available (abbreviation: Administrative Order ) an action or decision of a public authority. This can, in the form of a certificate, be given to the outside, or as an office available include instructions for intra official operation.

Examples of dispositions to the outside ( administrative ):

  • Public order.
  • Available to a road user to stop ( Transfer within the traffic control by a public official ).

In this section, a distinction is made between (individual) available and a general order.

Examples of dispositions in the office:

  • File copy of a letter with identification of date of dispatch and arranging a date for resubmission.
  • Statement to the authorities checkout to pay or collect a sum of money.
  • Final instructions at the end of a completed move (Z. d = A. For the file ).

Criminal

Even the criminal law uses the term available. Thus, for example, sets of elements of a crime ( § 263 StGB ) an asset available to the deluded advance. In criminal investigations and proceedings the injunction is a decision taken by a prosecutor, judge or judicial officer arrangement for property management.

Litigation

In procedural law, the term is intended ambiguous. In general, a disposition referred to the work instruction of the judge, judicial officer or an agent of the court (eg, a cost officials ) to the downstream. With the available among other arrangements to process or method line are taken.

In the method according to the Law on the Procedure in Family Matters and in Matters of Voluntary Jurisdiction disposition refers to the process final decision of the judge or judicial officer, which has, inter alia, in § 258 para 2 results FamFG.

Must be distinguished from the preliminary injunction, which is published in accordance with the rules of Civil Procedure ( see below).

Abstraction principle (law) Deception (criminal law)
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