By the lending sovereignty rights will transfer to private people. This concerns a case of the indirect public administration.

The lending leads to the fact that private people (natural and legal entities) notice functions of the administration independently; them will transferred decision authority (differently: Administrative aid). It concerns an exception to the principle, according to which in principle only member of the public right e.g., specified in article 33 paragraph 4 of the Basic Law, in addition, employees of the public administration sovereign powers officials may exercise. Thus the lending is a substantial question, which requires a security by a law. In addition further very strict conditions must be fulfilled. Thus the beleihende sovereignty carrier must be able to control the Beliehenen; it must be possible each-early control.

Since the Beliehene becomes directly sovereign active, requirements for official liability can develop against the state, if the Beliehene hurts official duties.

In practice for example engineers of the technical control boards and engineers are other test companies during the regular main investigation of motor vehicles beliehene as well as the test engineers for structural design, district chimney sweep, notaries and Fleischbeschauer beliehene natural persons. They meet due to the lending by the administration the decision over sovereign measures.

In the way of the lending the Federal Office for goods traffic assigned madly the Collect GmbH the collection and monitoring of the truck duty in Germany.

Articles in category "Lending"

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