Doctrine of reception
In reception, the whole or part of the assembly, purchase or acquisition of legislation and / or legal concepts (eg values ) understood from a different legal community in jurisprudence.
- 3.1 Supranational level
- 3.2 International legal level
- 3.3 Reception in the context of private actors
The best known and probably most important reception of laws made for the European area, the reception of Roman law, especially the Corpus Juris Civilis or adaptation of the tribal rights (for example: Germanic tribal rights ) and land rights in Roman law in the Middle Ages.
The reception of Roman law in all European legal systems more or less directly or indirectly detectable.
Unilateral - two sided - multi-page Desk
The reception can be a one-way process (adoption of laws or legal concepts by another legal community without retroactive effect ), or a two -way process ' (a move by law or by legal concepts by the rule of law and retroactivity of the acquired legal provision or right idea on the origin country / community of origin )
As part of a larger community (eg the European Union ) or in the context of a hegemonic power is a reception instead of more another. The reception within a supranational community such as the EU takes place alternately and have equal access ( legal harmonization - horizontal front desk). The reception in the context of a hegemonic power, however, usually takes place in one direction (vertical reception ) by several legal communities located in dependence accept the legal norms or values of the hegemonic power, and only exceptionally occurs a reaction to the hegemonic power.
Voluntary - involuntary reception
The reception of laws or legal concepts will voluntarily place when
- The acquiring legal community (recipient ) is responsible for legislation or legal conception of their own accord and
- Can get it back.
The reception of laws or legal concepts is involuntarily place when
- The acquiring community governed by the law or legal conception does not take its own initiative or
- Can not become self- reversed.
Conscious - unconscious ( creeping ) Reception
The reception of laws or legal concepts takes place consciously, when the recipient seeks the adoption and permanently performs.
An unconscious reception of laws or legal concepts takes place when it comes to a creeping ( "silent " ) change, especially the ideas of law and, as a result of the legislation.
Permanent - temporary reception
A reception can be viewed as a permanent acquisition of law or legal concepts when
- The acquisition over a longer period in the legal existence of the recipient remains and
- Significant effects on other legal norms and legal conceptions of the recipient are detectable.
Only a temporary reception is available at least if the assumption of law or legal concepts does not have any material impact on the legal validity of the recipient.
The visible outward willingness to accept a law or legal concepts permanently or not, on the classification as a permanent or temporary reception no influence. A special form of reception of partial laws and legal concepts carried by the depth of European integration in the field of justice and the continuing mutual recognition of judicial decisions and arbitral awards. The effects of this form of "silent " Reception is not yet sufficiently researched and visible, as appropriate adjustments in the EU Member States almost unnoticed ( slowly ) take place. These adaptations are due to the mandatory recognition of judicial decisions and arbitral awards from the other EU Member States since the implementation must be because of contractual obligations in the other EU Member State and hardly any exceptions are permissible (see the possible exceptions: a prerequisite for the recognition of judicial decisions and effect of extension ).
- European Convention on Jurisdiction and Enforcement Convention
- New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards
- Principle of effective extension
Direct - indirect reception
The reception of laws or legal concepts can be done in several ways:
- Directly direct adoption of a law or legal concepts without change (reception en bloc )
- Direct adoption of a law or legal concepts without significant substantive change,
- Direct adoption of a law or legal concepts with substantial content, change
- Open adoption of legislation or concepts, content, ideas or values from another legal community. These are adapted in their own contexts and transformed into an independent new, the front desk template remains visible.
- Hide adoption of legislation or concepts, content, ideas or values. These are adapted in their own contexts and transformed into an independent new, the front desk template does not remain visible at first glance.
In the direct reception is always an open reception in which the source remains easily recognizable. The transition between the direct reception with substantial content, and change the open indirect reception is fluid and must be determined on the basis of the individual case.
The reception desk at right is an evolutionary process in which prevail under optimal circumstances, the best ideas and values and be understood.
Current Reception (Example )
In the framework of the European Union harmonization on European law more or less in the national law is taken directly or indirectly influence the frame ( directly, for example via reacted European acts indirectly, for example by jointly emerging notions of a common area of freedom, security and justice, should not be disadvantaged by, for example, its own citizens towards the EU citizens ( compared, for example, the reverse discrimination ).
International law level
On the international level of the international law of war, of criminal law and fundamental rights (human rights, civil rights, civil liberties ) has a reciprocal influence and reception, especially of values arise, especially in the field.
Reception in the context of private actors
In the context of increasing global interdependence in all areas (eg, the economy, politics, culture, environment, communications, etc.) takes place as a reception legal framework in the field of private actors (economic Impulsive / corporations ). This is partially supported by national, supranational and international law.
Copyright and reception
Laws are generally subject not to copyright.
The adoption of a legal standard to another legal community is generally regarded in the law as well as an award for the / the creators of the origin of law. Legal communities are therefore not prevented the adoption of laws and legal concepts.
Under international law, there is no prohibition or consent and authorization requirements for the reception of the laws of another legal community.