German Legal Terms I-L

I

Identitätskontrolle — Identity review, the power of the Federal Constitutional Court to examine whether EU measures violate German constitutional identity as protected by Article 79(3) GG. The Court’s Lisbon judgment (2009) established identity review as a constraint on European integration. It is distinct from ultra vires review.

Inzidentkontrolle — Incidental review, the power of a court to examine whether a statute violates the Grundgesetz in the course of ordinary proceedings, referring the matter to the Federal Constitutional Court under Article 100 GG. Only the Constitutional Court may declare a statute void; other courts must stay proceedings and refer the question.

Iudex — The Latin term for judge, used in German legal terminology in compounds such as iudex a quo (the court from which an appeal is brought) and iudex ad quem (the court to which an appeal is brought). These terms are used in procedural law texts.

Irrtum — Mistake, a ground for avoidance of a legal transaction under sections 119–122 BGB. A mistake about the content of a declaration (Inhaltsirrtum) or about essential characteristics of a person or thing (Eigenschaftsirrtum) may entitle the mistaken party to rescind. The mistaken party must compensate the other party’s reliance losses.

Instanz — Instance or level of court. German civil and criminal procedure typically provides for three instances: first instance, appeal on fact and law (Berufung), and appeal on law only (Revision). Different rules apply depending on the court and the value or seriousness of the case.

Immobilien — Real property or immovable assets. Transfers of ownership in land require notarisation and registration in the Land Register (Grundbuch). The Grundbuch system provides public notice of property rights and priority of registered interests.

Inhaber — Holder or bearer, particularly of a right or document. Inhaberpapiere (bearer instruments) are transferred by delivery, while Orderpapiere (order instruments) require endorsement. The concept distinguishes between the legal owner and the holder of a right.

J

Jugendgericht — Youth court, a specialised court for criminal proceedings against juveniles (14–17) and adolescents (18–20), governed by the Youth Courts Act (JGG). Youth courts emphasise education and rehabilitation over punishment. Proceedings are not public, and educational measures take priority over custodial sentences.

Juristische Person — Legal person, an entity with legal personality distinct from its members, including corporations (AG, GmbH), associations (e.V.), and foundations (Stiftung). Juristische Personen have capacity to hold rights and be subject to obligations. They act through their organs.

Justizgewährungsanspruch — The right to access justice, derived from the Rechtsstaat principle and Article 19(4) GG, guaranteeing effective judicial protection against any act of public authority. This right requires the state to provide functioning courts and fair procedures.

Juristische Ausbildung — Legal education in Germany, comprising university study (minimum 4 years), the First State Examination, a practical training period (Referendariat of two years), and the Second State Examination. Successful completion of both examinations qualifies one for judicial office and the practice of law.

Jura — Law as an academic discipline. German legal education is highly theoretical and systematic, emphasising doctrinal analysis and the ability to apply legal rules to hypothetical cases. University study covers civil law, criminal law, public law, and European and international law.

K

Kammer — A chamber or division of a court. Regional courts and Higher Regional Courts are organised into civil chambers (Zivilkammern) and criminal chambers (Strafkammern). The Federal Constitutional Court is organised into two Senates, but three-judge panels are called Kammern.

Kausalität — Causation, the connection between an act or omission and the resulting harm. German law distinguishes between conditio sine qua non (but-for cause) and adequate causation (Adäquanz), requiring that the act be generally capable of causing the harm. Protective purpose (Schutzzweck) further limits liability.

Kompetenz — Competence or jurisdiction. German constitutional law divides legislative competences between the federation and the Länder under Articles 70–74 GG. The federation may legislate only where the Grundgesetz confers competence. The Länder have residual legislative power.

Körperschaft — A corporation or public body with legal personality under public law. Körperschaften include municipalities, universities, and professional chambers. They exercise public functions and may be subject to special legal regimes.

Kündigung — Termination of a contract or employment relationship, governed by the BGB or the Protection Against Unfair Dismissal Act (KSchG). Employment termination requires social justification and compliance with notice periods. The KSchG applies to businesses with more than ten employees.

Klage — A lawsuit or legal action. The Klageschrift (statement of claim) commences civil proceedings and must identify the parties, state the subject matter, and specify the relief sought. The Klageerwiderung is the defence filed by the defendant.

Konkurs — Insolvency or bankruptcy, now governed by the Insolvency Act (Insolvenzordnung). Proceedings aim to satisfy creditors collectively through administration and distribution of the debtor’s assets. Insolvency plans may restructure debts.

L

Land — A constituent state of the Federal Republic. Germany has sixteen Länder, each with its own constitution, parliament, and government. The Länder exercise significant legislative and executive powers, particularly in education, policing, and local government.

Landgericht — Regional court, the intermediate level of ordinary court jurisdiction, hearing more serious civil and criminal cases at first instance and appeals from the Amtsgericht. Landgerichte are organised into civil and criminal chambers. Three professional judges typically sit in civil chambers.

Legalität — Legality, the principle that all state action must be based on law. In criminal law, the Legalitätsprinzip requires prosecutors to investigate all criminal offences, unlike the opportunity principle in some other legal systems. This principle ensures equal enforcement of the criminal law.

Leistungsstörung — Disturbance of performance, a category in the law of obligations dealing with non-performance, delayed performance, and defective performance. The law of Leistungsstörungen was comprehensively reformed in the 2002 modernisation of the law of obligations.

Lückenausfüllung — Gap-filling, the judicial process of developing rules for situations not expressly addressed by statutory text, guided by general principles and analogy. German courts may fill legislative gaps using the methodology of legal doctrine, particularly where general clauses provide a foundation.

Lebenspartnerschaft — Registered life partnership, the predecessor to same-sex marriage in Germany. Same-sex marriage has been fully recognised since October 2017 through the Marriage for All Act (Ehe für alle). Existing life partnerships may be converted into marriages.

Leistung — Performance, the act of rendering what is owed under an obligation. Leistung may consist of doing, giving, or refraining from doing something. The concept is central to the law of obligations and the law of unjust enrichment.

Lösungsrecht — The right of redemption, including the mortgagor’s right to redeem the property upon repayment of the debt. In property law, the owner may redeem a mortgage by paying the secured debt together with accrued interest and costs.