Glossary on ExcellentWiki - Legal Encyclopedia

German Legal Terms A-D

Sun, 05 Jul 2026 00:00:00 +0000

A

Abstraktionsprinzip — The abstract principle separating the obligatory contract from the real agreement effecting a transfer of property. The validity of the conveyance is independent of the validity of the underlying obligation. If the contract of sale is void but the real agreement complies with property law requirements, ownership still passes. The recipient must retransfer the property through an unjust enrichment claim under section 812 BGB. This principle is unique to German law and is fundamental to the BGB’s system of property law.

German Legal Terms E-H

Sun, 05 Jul 2026 00:00:00 +0000

E

Eigentum — Ownership, the most comprehensive right over a thing under German property law, governed by sections 903–1011 BGB. The owner may deal with the thing at their discretion and exclude others from interference, subject to legal limits. Ownership is protected by the constitutional guarantee in Article 14 GG.

Eingriff — An interference by the state with a fundamental right, triggering the requirement of constitutional justification under the proportionality principle. Any Eingriff must be based on a statutory authorisation and satisfy the four-stage proportionality test (legitimate aim, suitability, necessity, proportionality in the strict sense).

German Legal Terms I-L

Sun, 05 Jul 2026 00:00:00 +0000

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.

German Legal Terms M-Z

Sun, 05 Jul 2026 00:00:00 +0000

M

Menschenwürde — Human dignity, the supreme constitutional value of the Grundgesetz, protected absolutely by Article 1 GG and the eternity clause. Human dignity may not be balanced against competing interests and is the foundation of all fundamental rights. It obliges the state to respect and protect individual autonomy.

Mittäterschaft — Co-perpetration, a form of criminal participation in which multiple persons jointly commit an offence with common intention. Co-perpetrators are all liable as principals, unlike accessories (Gehilfen) who receive reduced punishment. The common plan and shared responsibility distinguish co-perpetration from aiding.