Self-help (law)

The self-help is the German legal system is an exception to the principle that the realization of private claims is linked to state power means ( monopoly of the State). The self-help is a justification, that leads to the legality of private enforcement, so that neither criminal nor civil sanctions take place.

Germany

Exceptionally allowed self- enforcement options ( vigilantism ) are governed by the Civil Code ( BGB):

  • § 229 BGB - Self-Help

Self-help under § 229, § 230 BGB is exceptionally permissible if " magisterial Help " is not to have a timely and without immediate action, at least there is a risk of a significant aggravation of the realization of its own claim. Existence of other securing means, the self-help is excluded, such as if because of an entitlement to obtaining an arrest title followed by securing enforcement ( § 916, § 917, § 922, Section 1, § 930 para 1 CCP ) would be possible. However, was the self-help in the example allowed the obtaining of an in rem arrest after self- help would be to catch up because they only stayed for reasons of time ( § 230 para 2 BGB).

Self-help events in the Civil Code:

  • § 562b BGB - lien of the landlord
  • § 592 BGB - lien of the lessor
  • § 704 BGB - lien of the innkeeper accommodation
  • § 859 and § 860 BGB - self-help of the owner / possession of the servant
  • § 910 BGB - self-help the landowner with overhang
  • § 962 BGB - pursuit of a bee swarm by the owner

Self-help is here apply only in the context of proportionality, it must not go further than necessary to prevent the danger (cf. § 230 BGB: limits of self- help). To make the extensive self-help rights for the victim bearable, corresponds with them often a sharp liability for erroneous exercise. So if you accidentally accept that there was a case of self-help, liable notwithstanding the otherwise prevailing principle of fault, regardless of fault, so " even if the error is not due to negligence ," § 231 BGB (see strict liability ).

Austria

The self-help is in § 344Vorlage: § / Maintenance / RIS Search Civil Code regulated: " The rights of ownership, including the right to protect themselves in his possession, and in the event that the judge's help would come too late, Violence drive off with reasonable force. "

  • General Part of the Civil Law ( Germany )
  • General penology ( Germany )
  • General Part of the Civil Law ( Austria )
Cause of action Justification (jurisprudence) Frontier justice
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