Consent
Consent is in German civil law of the summary term for the consent and approval. If the concept of consent used in the legal context, it involves a content used in a very specific way term from the legal language.
Consent in civil law ( consent or authorization )
The civil agreement is governed by § § 182 et seq. If consent before the transaction granted, it means consent ( according to the legal definition in § 183 sentence 1 BGB ), the subsequent agreement is called, however, permit ( legally defined in § 184 paragraph 1 BGB ) or approval statement. An important case in which a consent is required is the business of a limited competence, eg of a minor, after the completion of the 7th and before the completion of the 18th year. In the case of the legal representative 's consent or approval shall be obtained in accordance with § 108 ff BGB if the business is to be effective. Other applications of the approval are the representation without authority (§ § 177 ff BGB) and the dispositions by third parties or non authorized.
From § 182 BGB provides that the agreement is a unilateral declaration of intent received needy. This means that they will not be effective before it is conveyed to the recipient. The agreement is the statement of agreement to the transaction made by another. Includes a minor eg a contract to purchase a moped from, explains the legal representative with the approval of the transaction his consent ( consent of title). If the contract is concluded before the agreement, he is to go, ie up to the grant of approval " rendered ineffective ". Conceptually, the consent of the purely factual action is necessary to distinguish with the other an action is permitted, for example, to agree to access, which can account for the criminal offense at trespassing ( § 123 StGB); consent to injury, the medical care in a role ( § 228 StGB); and the approval of the validity of legal transactions. The agreement represents a design right and condition is hostile.
- General Part of the Civil Law ( Germany )