Definition of Terms and Introduction
The term “definitions” is used in German law in various contexts. In the narrower sense, it refers to the clarification of terms, which serves to precisely define legal concepts and to clearly set out their meaning. In particular, legislative texts, contracts, and court decisions make use of so-called definitions in order to facilitate the interpretation and application of legal norms or private law agreements and to avoid misunderstandings.
The following will comprehensively address the legal aspects, functions, and effects of definitions, explain the role of definitions in civil law, criminal law, and legal scholarship, and discuss examples and special forms.
Functions and Importance of Definitions in the Legal System
General Function of Definitions
Definitions help to increase clarity and predictability in legal transactions. They establish how terms are to be understood within a certain legal context. Particularly in legislation, there is a practice of defining key terms either separately at the beginning of a legal act (statutory definition) or providing corresponding aids to interpretation within the text.
Differences: Statutory Definition and Contractual Definition
Statutory Definition
A statutory definition is a determination of a term by law. It is binding on courts, authorities, and legal practitioners. Statutory definitions are often found at the beginning of a law or in a so-called “definitions section.” Examples can be found in the German Civil Code (BGB), the German Criminal Code (StGB), as well as in a large number of special laws. Statutory definitions serve to ensure clarity in the interpretation and application of the respective legal norms.
Contractual Definition
In addition to statutory definitions, there are contractual definitions, by which the contracting parties individually specify certain terms for the particular contract. Such definitions are especially significant in the interpretation of a contract, as they are decisive for the understanding of rights and obligations within the contract.
Areas of Law and Application of Definitions
Civil Law Perspective
In civil law, definitions play a particularly important role in contract interpretation and in the application of general terms and conditions (GTC). The parties to a contract can define terms for their agreement and thereby also deviate from statutory definitions, provided there are no mandatory legal provisions to the contrary.
Example: Definitions in the BGB
The German Civil Code contains statutory definitions for central legal terms, for example, for objects (§ 90 BGB) or animals (§ 90a BGB). These definitions are binding for civil law application.
Criminal Law Perspective
Definitions also play a significant role in criminal law. As criminal provisions are subject to the principle of legal certainty, a clear definition of terms is essential to ensure that criminal liability remains predictable and calculable. Criminal laws often resort to statutory definitions for this purpose, for example when defining the term theft (§ 242 StGB) or assets.
Public Law and Administrative Law
In public law and administrative law, definitions appear in statutes, ordinances, and administrative regulations. They are intended to ensure uniform interpretation of official activities and to protect legal certainty for citizens and companies.
Interpretation Methods and Questions
Systematic and Teleological Interpretation
Definitions are essential in statutory interpretation. However, if no explicit definition is provided by law, interpretative methods (systematic, teleological, grammatical, and historical) must be used to determine the meaning of a term. Statutory definitions take precedence over definitions derived only from the context.
Conflict Between Statutory and Contractual Definitions
In the event of a conflict between a statutory and a contractual definition, the statutory definition generally takes precedence, unless dispositive law applies and no special party agreements have been made which are allowed to deviate from the statutory definition.
Special Forms of Definitions
Dynamic and Static Definitions
- Static Definitions are fixed term determinations that are valid for a certain period and do not change.
- Dynamic Definitions adapt to external circumstances or later, further developed interpretations, for example by reference to the current state of the art.
Causal Contextual Definitions
Some definitions depend on the causal context in which a term is used. These are found particularly in insurance law and intellectual property law.
Significance for Jurisprudence and Administration
Binding Effect of Definitions
Statutory definitions are binding for jurisprudence, administration, and private legal practitioners. Contractual definitions bind only the respective contracting parties but may also be of significant importance for court decisions in the interpretation of contracts.
Typical Problems and Disputes
When definitions in contracts or laws are unclear or ambiguous, significant disputes may arise over how a term should be interpreted. This is often the subject of court decisions, which then frequently result in specifying or supplementing the existing definitions.
Summary and Outlook
Definitions are a central element of legal practice, as they clarify terms, avoid legal uncertainties, and enable uniform interpretation of statutes and contractual regulations. They apply in almost all areas of law and are indispensable for both statutory application and contract drafting. A precise knowledge of the respective definitions and their scope is therefore fundamental to any legal operation.
Note: The role and development of definitions are subject to continual change, especially due to ongoing legislative amendments, case law, and changing societal values. Regular review of the relevant statutes and definitions is therefore always necessary.
This article provides a comprehensive overview of the term ‘definitions’ in the legal context. For specific cases and further questions of interpretation, a thorough analysis of the applicable case law and statutory provisions is recommended.
Frequently Asked Questions
What is meant by a statutory definition in the legal context?
A statutory definition is a determination of a term that is anchored directly in the legal text itself. It serves to define specific terms used in the law clearly and bindingly. Statutory definitions are found in various areas of law, such as criminal law, civil law, or administrative law. They are strictly decisive for the interpretation and application of the corresponding provision. In the event of disputes over the meaning of a term, the definition anchored in the law must always be given priority. Statutory definitions provide legal certainty and prevent inconsistent interpretations by excluding judicial case law or legal literature opinions. Frequently, statutory definitions are laid down at the beginning of a law, for example in the so-called “definitions of terms,” but they can also be found within the legal text itself.
What is the difference between a statutory definition and an interpretation?
A statutory definition specifies the meaning of a term by the law itself in a legally binding manner, whereas interpretation involves determining the meaning of a legal text by courts or legal literature, taking into account purpose, context, historical background, and other methods of interpretation. When a statutory definition exists, questions of interpretation take a back seat because the legal definition is strictly applicable. If no statutory definition is present, the meaning of the term must be determined by interpretation, drawing on common usage, context, or the intent of the legislator, among others. The statutory definition thus prevents uncertainties that could arise from varying interpretative approaches.
In which laws are statutory definitions typically found?
Statutory definitions are found in numerous bodies of German law. They occur particularly frequently in the so-called definitions of terms at the beginning of statutes, for example in section 2 of the German Civil Code (BGB) with the definition of “majority” or in section 11 of the German Criminal Code (StGB), where, among others, the term “object” is legally defined. Statutory definitions are also common in the Social Code (SGB), Commercial Code (HGB) or in tax and environmental laws to create clarity about central terms for the respective area. They are not always at the beginning of a law, but may also be integrated within the wording of individual provisions. Internationally, statutory definitions are also found in a similar way in European and international frameworks.
Do statutory definitions also apply to other areas of law?
Statutory definitions are in principle binding only for the law or regulatory area in which they are contained. A statutory definition from the Criminal Code initially applies only to criminal law and does not automatically apply in civil law, unless the civil law expressly refers to the definition from criminal law. However, such a statutory definition will at least be used as an aid to interpretation for similar terms if there is no specific definition in the relevant law. Occasionally, the legislator will also adopt statutory definitions from another area of law for the sake of uniformity, but this too is regulated explicitly.
What is meant by a false or declaratory statutory definition?
A false or declaratory statutory definition is a determination of a term that does not create a new meaning but merely codifies the definition already developed through general usage or established case law. In contrast, a genuine statutory definition expands or clarifies the meaning and may depart from everyday language. Declaratory statutory definitions serve to legally confirm existing interpretative practice and thereby create legal certainty.
What is the significance of definitions in court decisions?
Courts rely on existing statutory definitions if they are present in the law. If none exist, the court must determine the meaning of the term by interpretation, also considering definitions from case law or legal literature. The definitions courts develop in leading decisions offer guidance and are often referred to as “judicial definitions.” However, they do not have the absolute binding force of a statutory definition, but apply until a higher court decides differently or the legislator intervenes and, for instance, introduces a statutory definition.
How are definitions considered in legislative materials?
Legislative materials, such as explanatory memoranda, committee session protocols, or official justifications by the Federal Government, are used as part of historical interpretation to better understand the meaning and scope of a definition in the law. Especially when uncertainties exist regarding a statutory definition, legislative materials provide important insights into the legislator’s intent and help clarify doubtful cases. However, legislative materials are subordinate to the clear wording of the law and cannot amend a statutory definition, but only support its interpretation.
