Institute

An institution (Latin instituere, "Setting Build" ) can be a teaching or research facility - mostly at universities or academies - but also a cultural, artistic and economic organization. In addition, the Institute is also used in the sense of legal institution. The use of the term institution is only in certain cases where there is a distinct legal personality, limited by the German courts. In addition, however, the term is not legally protected. He is to be distinguished from the institution - an institution with special normative significance.

Teaching and research institutions

Institutions are often a direct part of a university or a part of a university faculty. They are then called in Institutes. In contrast, there is the affiliated institutes. Here are legally independent institutions in the form of a limited liability company or a registered association, which have concluded a cooperation agreement with a university. These names date back to the 18th century. At that time, private schools were wont to call the Institute. In the decades around 1900 often, the term " seminar " is used, for example, " Philological Seminar". Later, in some cases only around 1950, such seminars have been renamed to Institute.

Even today, an institution is often a with its own constitution (constitution) equipped facility that serves scientific work such as research or teaching or education. Because of the freedom of science but also a private organizational model is allowed and appropriate, as they are often organized as a foundation or association. For example, polling organizations are typically research-based organizations and profit-oriented business practices at the same time.

Institutions in lobbying and public relations

It is helpful for lobbying and public relations, to substantiate scientifically the own positions. Therefore, there are a number of private organizations that call themselves banks, but they are also part of the public relations and lobbying by interest groups. The name " Institute " alone does not a distinguishing feature between scientific and economic activity.

Examples of institutions whose work is also publicity for stakeholders:

• Bibliographic Institute is a German publisher of encyclopedias
• German Stock Institute, established as a working group for the promotion of the stock with the self- assigned job " as an association of the listed company and working in the environment of the stock market companies and institutions promoting the share acceptance in Germany committed ". It is a membership organization with independent legal personality.
• Institute for Urban Development, housing and housing finance beings eV, the media often only Urbanism Institute. The "Institute " is closely intertwined with the Association of private building societies. It is a registered association with legal personality.
• Grimme Institute is a nonprofit research and service institution that deals with media and communication.
• Institute for Sports Nutrition eV is an association whose publicly observable activity confined itself with scientific paint foods, such as milk or beer styles, as well as kitchen appliances certain manufacturers' recommended as healthy.
• Institute for Research and elimination of Jewish influence on the German church life was a facility of the National Socialists facing German Christians.
• Öko-Institut is a non-profit, private environmental research institute headquartered in Freiburg im Breisgau.
• German Archaeological Institute is the Foreign Office under its Federal Agency, which oversees archaeological projects worldwide.

In cases where there is, for example, as a limited company or registered society having its own legal personality, the admissibility of one's name was checked by public authorities. In case of a lack of legal personality, this test is not required.

Misled by the "Institute " in the name

The German courts have banned it regularly that separate legal entities use the designation " Institute " when falsely impression is given of a scientific or public ownership by the further design of the name. A deception can be ruled out that further additions to names or other self-promotion incorrect assumptions correct (for example, Contacts ). Except in cases of an independent legal personality, however, the Court has no recourse because the other language remains largely unregulated with regard to the free speech and freedom of expression.

The use of the word " institution " in the name of clubs is decidedly higher court. On the question of whether clubs may perform this suffix, the Higher Regional Court of Celle and the Bavarian State Supreme Court have taken a position. The BayObLG kept the name " Institute for Scientific Information control " at a club established in a university town to mislead. The OLG Celle did not think the name " Schiller Institute for Republican foreign policy" is misleading. The latter held the examination of the possibility of deception only necessary if the name of an activity information is added, which is normally the subject of scientific research. From the name and the activity must undoubtedly show that it has no scientific activity the object or it must respect seriousness and scientific rigor are equal to a university institute.

The Higher Regional Court of Frankfurt has ruled that the use of the term institution for a consortium of specialists is also misleading.

• BGH, judgment of February 26, 1987
• BGH, judgment of October 16, 1986

Commercial Institute

Also, many non-academic, private companies use the title Institute. Mainly it is service providers, their customers place high value on integrity. Thus, for example, terms such as Undertakers ( instead undertakers ), marriage bureau (instead of arranged marriage ) and Massage Institute (instead of massage practice or " massage parlor " ) are common. In part, the name says nothing about the form, type and quality of the company. It is used solely for marketing purposes.

The terms credit institution or financial services institution, however, are defined by law (§ 1 of the Banking Act ) and have developed - among others regulatory - consequences. If the word bank is replaced by the term lending institution, so this is correct: all banks are credit institutions.

Institute in the legal sense ( legal institution )

The created under Emperor Justinian I law books, the "Institutions " and " Pandects ", based on the influence of Roman law. They influenced the German legislation shall prevail.

Today is meant by "the Institute" means the substantive or procedural law, such as the " Institute of the property."