Trial in absentia

As absence ( Absentia ) is defined as the absence of a subject or object at a specific location. The opposite of absence, the term presence ( presence ).

Absence in the legal sense

In the legal sense, the one who is absent, which is not at the place where a legal interest in his work requires, and therefore can not act for the same, for example, a person who does not appear to the Court, handed down on summons at the appointed time. The so absentees must the legal disadvantages, which are characterized by the absence arising from non- performance of its interests, to endure. This may seem unfair, if the absence was involuntary. Therefore, in such case granted the right to reinstatement to the previous stand

To prevent losses due to the absence, can a absentees for his financial affairs, to the extent necessary and he has not taken care of themselves for a sufficient administration, an absence nurse under § 1911 of the Civil Code (BGB ) be ordered. This has for guarding and preservation of assets to giving priority to stand up for each inflicted damage. The absence of care is canceled when the absentee returns or returns to manage its assets order if his death proved or he is declared dead (see disappearance ).

According to § 130 paragraph 1 sentence 1 BGB in need of receiving a declaration of intent is always effective only upon their receipt. From an access but can be assumed if a delivery in the area of ​​influence of a person (ie, for example, their mailbox) has taken place. Thus, an absence does not include exemption from the time limits specified in declarations, payment requests or reminders. The sender of a contract offer, however, is - if he has no individual limit set - only until the time bound to his declaration of intention to which he must expect a response under regular circumstances ( ie until the assumed time of delivery, the offer consideration and response as well as elapsed time of the return delivery).

In civil proceedings under § § 330 et seq of the Code of Civil Procedure ( ZPO) a judgment against an absentee possible ( default judgment ). Even in criminal proceedings can be negotiated in the absence of the accused under specific conditions, exceptionally. Opposite witnesses may be imposed in the case of absence on judicial decision given charge an administrative fine or imprisonment. Furthermore, the expense associated with the absence may be imposed. It is possible with repeated failure also forcibly demonstration.

History of absence in Constitutional Law

In constitutional law relationship is to be noted that the subjects of law is lost in this according to the laws of different countries by the mere continued during a certain time absence from the home state. In Germany it was once only in individual states, as in Prussia, Saxony, Mecklenburg, Oldenburg, while in others still the formal dismissal from the subjects of federation, as in Schleswig -Holstein, the Electorate of Hesse, Brunswick, or at least the permanent residence outside the territory, so that it does not return to the will ( animus non revertendi ), it could be concluded, had to be added, as in Hanover, Saxony, Saxony -Coburg and Gotha, Hesse -Homburg.

Through the German Reich law relating to the acquisition and loss of federal and nationality of 1 June 1870 ( Law on the acquisition and loss of federal and nationality) has been determined that citizenship in a state, and thus the Federal affiliation simply by by ten -year absence home country and abroad, that is, outside the Federal territory is lost ( legitimacy Loser abroad ), but this is to avoid the fact that you can subscribe to the matriculation of a federal Consulate. Some changes and deletions resulting from the Federal Law of 21 July 1870 ( Federal Law Gazette p 498 ), the imperial laws of 22 April 1871 ( RGBl. p. 87), the realm of the Law of December 20, 1875 ( p. 324 RGBl. ) and the Introductory Law to the Civil Code of 18 August 1896 ( RGBl. p. 604).

This regulation remained in force until the entry into force of the Nationality Act ( Reich and Nationality Act, the Nationality Act or RuStAG of 22 July 1913) on January 1, 1914 ( Reich Law Gazette 1913 S. 583 - Federal Law Gazette III Outline Number 102-1, as amended by Act 23 July 1999, Federal Law Gazette I p 1618) and for cases where the nationality is derived from an ancestor who emigrated before 1913; in the latter case reaches a positive excerpt from the Konsularmatrikel as proof that the German nationality was lost at least not under that provision. Noteworthy on RuStAG is that the term " nationality " is not precisely defined here.

Make an incision formed the National Socialist " Regulation on the German nationality " of 5 February 1934 in which the nationalities be abolished in those countries; this regulation remained in force until 1945, countries nationalities were then practically not reintroduced.

A well-known example of the deprivation of nationality in Absence Makes the case Wolf Biermann, who was expatriated in November 1976 from the former GDR (but not due to this, but for alleged involvement against the GDR and socialism ).

Absence on instant messengers

Absence referred to in instant messengers usually a freely selectable by the user status to get informed about the buddy list or an automatic reply to other users that have written to person is not there just so not sitting at the computer, for example, in the. Alternative names: N / A (not available = not available), away ( = off ), AFK ( away from keyboard = not on the keyboard )

Absences from work

Absences is in High German language use of out-dated term from the personnel controlling and designated periods of absence of an employee from the workplace. In southern Germany, Austria and Switzerland, this term is still very widespread, and also an important component of HR management.

Absences, for example, caused by holidays or illness, operation or non-operation accidents, military or civilian service, personal circumstances such as the birth of a child, marriage, Moving, maternity leave or death of an employee. In addition to such justifiable absences, there are also unauthorized absence.

The staff controlling beschäftigti with the early detection and reduction of absences. This is associated with a consistent recording of absenteeism in the operating. For the detection of the absence of statistics are used, which may include the following values:

• Absence number
• Absence duration
• Absence rhythm
• Absence Profile

Fallen frequent or long absences on, the supervisor or the personnel manager has the task to respond competently to it. Possible measures include health return calls, agreements on avoidance of absences, examinations of the workplace by occupational physicians or as a last resort, the dismissal of the employee.