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A material act is thus independent a purely actually working action, which causes a legal consequence strength of law, of the will of the action. In the civil law the material act for declaration of intention, in the administrative law is defined it to the act of administration.

Even if not willentlich are directed material document toward a legal consequence, they release such nevertheless strength of law. Thus become in the civil law the connection and mixture of two things (with consequences for the property at these things, "§"§ 946 FF. BGB), the owner being enough and - task, (treasure) the find ("§"§ 965, 984 BGB), bringing in of things into and with restaurant operators/barkeepers ("§"§ 562, 701, 704 BGB), but also the creation from in copyright matters protected works as material act understood. The civil material act does not have to fulfill the conditions of a declaration of intention. So the action does not have to be competent, in order to release with its action the legally determined legal consequences.

In the administrative law the material act is to be defined as action form of the public administration to the act of administration by the fact that its regulation effect is missing to it. References and instructions as such are only material document, likewise actions, which prepare only for a act of administration. A practically important example of such a preparing measure is the arrangement of the driving licence authority to let a medical-psychological investigation MPU (flapsig "idiot test" mentioned) accomplish. This arrangement can be examined as only preparing measure not for itself judicially, but only then (probably) the following withdrawal of the driving licence.

The demarcation becomes problematic, even if to actual acting a regulation effect can be attributed, so that an action with a double character is present, the material act and act of administration is simultaneous. An example from the range of police standard measures is the actual search, also as konkludente order to bear this measure to be understood can.

Since material document are only actually implemented, their - for the legal protection important - is difficult to classification into the range of the administrative law or the civil law. So is disputed, whether and when the expression of an authority coworker the public right, and when it is to be assigned to the general civil law, before which court thus a any requirement on omitting or revocation of the expression be interspersed must. The drive of an authority coworker is just as disputed.

Also material document must agree as actions of the public administration with the legal order. Thus the administration for loading material document requires an interference authorization. That can be a law or a legal or at least indisputable act of administration.

The legal protection against material document is to be attained by the general Leistungsklage or the declaratory action ("§ 43 VwGO) before the Administrative Courts. Even if both material act and act of administration are present, preliminary proceedings as well as periods are to be considered. If the material act is illegal, payment of damages or requirements for removal possibly exists.

Most important application of the material document are the use (not the menace) of means of coercion.

Literature

  • Martin trained: Simple administrative acting, 1995

Articles in category "Material act"

We found here 3 articles.

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» Material act
» Measure (right)
» Minus measure

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