Lex specialis

A lex specialis is a special law which takes precedence over the general law (lex generalis ). This particular law displaces the general law (lex specialis derogat legi generali ). The specialty of the law can be represented by the fact that it only governs a particular subject area, while the general law applies to several areas ( such as the vehicle operator liability of the car guide ( Road Traffic Act ) is more specific than the general tort liability ( § 823 ) from the BGB).

The principle lex specialis derogat legi generali is a legal rule of interpretation and is based on the presumption that the legislature did not create a rule of law which has no practical application. The latter would be the case if, instead of the special legal rule of general legal rule would be applied, because of the special legal rule would thus be deprived of its practical scope. This idea is also clear that a law only then the " general " law within the meaning of lex specialis derogat legi generali - principle, if his offense has all the features of the general norm and this contrast, contains at least one additional feature.

No application for the lex specialis principle (although the extent often, but it is falsely nevertheless called ), however, there is where act two legal propositions as two volumes with an average amount - in this situation, the lex specialis rule nothing to dissolve the standard conflict contribute.