| Popis: |
This article is devoted to the human dignity under German Law. Article 1 of the Basic Law for the Federal Republic of Germany consists the following: “Human dignity shall be inviolable. To respect and protect it shall be the duty of all state authority.” German law is a prime example of legal regulation of a human dignity. The aim of this article is to examine a human dignity and its impact on a civil law of Germany. A challenging problem which arises in this domain is the impact of basic rights on a civil law. For example, the issue whether basic rights are given direct effect to or by individuals against the state or in their relations with each other. For the purpose of this article, it is necessary to analyse doctrine of German Law concerning the effect of basic rights in civil law. This issue is controversial in German Law. There are different points of view in a legal literature. One of the doctrines promotes an idea that basic rights given direct effect bind the private persons in their mutual relations. In contrast, the other theory suggests that the basic rights are used as an interpretative guide to determining private law relations among individuals, i.e. the basic rights are given indirect effect. It means that private law obligations are interpreted with regard to public law basic rights. It appears to be an indirect basic rights effect in civil law. The other point of views denied mentioned theories and asserted that a problem of the topic does not exist. Furthermore, the next theory is based on the function of defense in civil law. It could be concluded that article 1 of the Basic Law of the Federal Republic of Germany is the most significant constitutional principle of the German legal order. This principle is supposed to be valid as well in a civil law. To sum up, generally, the basic rights are valid for the relationships between state and private persons. As a rule, in the relationships between private persons the direct effect of basic rights is not possible. Nevertheless, an exception is the human dignity. |
