Definition and legal classification of the term ‘General’
The term ‘General’ has various meanings under German law, each carrying different legal implications depending on the context. The term can be part of compound legal concepts, such as ‘general power of attorney’, ‘general assembly’ or ‘general contractor’, or it can refer to a high military rank. The following sections provide a detailed explanation of the relevant legal areas and the meaning of the term in each context.
General as a component of compound legal terms
General power of attorney
The general power of attorney is the most comprehensive form of power of attorney under German civil law. It authorizes the agent to represent the principal in almost all legal and economic matters, with the exception of strictly personal transactions and those for which an explicit statutory exclusion exists.Legal aspects of the general power of attorney:
- Form: As a general rule, the general power of attorney can be granted without specific form. However, certain transactions, such as those involving the disposal of real estate or notarial deeds, are subject to statutory form requirements (for example, § 167 BGB).
- Scope: A typical feature of a general power of attorney is its broad scope of authority. It usually covers all financial and personal matters for comprehensive representation.
- Termination: It terminates in particular through revocation, expiration of a specified period, fulfillment of a resolutive condition, or the death of the principal, unless continued effect has been stipulated (§ 168 BGB).
- Risk of abuse: Due to its wide-ranging scope, there is a considerable risk of abuse. Careful selection of the agent and, if necessary, restrictions within the text of the document are advisable.
General assembly
The term general assembly is particularly relevant in corporate and association law. It refers to the highest decision-making body, especially in cooperatives, stock corporations, and registered associations.Legal basis and significance:
- Convocation: The procedures for calling and conducting a general assembly are governed by the relevant law, such as § 48 AktG (Stock Corporation Act) or § 43 GenG (Cooperative Societies Act).
- Powers: The general assembly is responsible for fundamental decisions such as amendments to the statutes, election of the board of directors, discharge of management, adoption of annual financial statements, and allocation of profits.
- Resolution: Legally binding resolutions require proper notice of meeting, quorum, and the required majority.
General contractor and general contractorship
In construction and contract law, the term ‘general contractor’ is commonly used. A general contractor is contractually obligated to provide all services necessary for the substantial completion of a construction project.
Legal status of the general contractor
- Contractual framework: General contractor agreements are usually concluded in accordance with the contract for work and services (§§ 631 et seq. BGB).
- Liability: The general contractor assumes joint and several liability for contractual services towards the client.
- Engagement of subcontractors: The general contractor may appoint subcontractors. However, a contractual relationship between the client and the subcontractor does not arise automatically.
- Right of termination: Under certain circumstances, the client has special rights of termination (§ 648 BGB).
General as a military term
The title ‘General’ is defined in German public law as a military rank. It is assigned to the armed forces of the Federal Republic of Germany as well as their predecessor organizations. Legally, it constitutes a public-law service relationship.
Legal foundations
- Status law: Ranks and their conferral are governed by the Soldiers Act (SG), the Soldiers’ Career Regulation (SLV), and the specific regulations of the Bundeswehr.
- Duties of service: Generals are subject to special duties of loyalty, obedience, and care towards the employer, as regulated in the SG and the relevant military service laws.
- Rank and function: ‘General’ refers to a group of ranks, including General, Lieutenant General, Major General, and Brigadier General. The legal consequences in terms of service include authority to issue orders, responsibility, and pensions law.
Historical and international aspects
General usage of the term ‘General’
Historically, ‘General’ derives from the Latin ‘generalis’ (general, comprehensive) and was first used in the Middle Ages as a title for holders of broad powers. In legal acts, the term designates a wide-ranging, all-encompassing competence (e.g., general pardon, general defamation).
International legal contexts
In international law and European contexts, composite terms with ‘General’ can also be found, such as ‘Attorney General’ or ‘General Assembly of the United Nations’. The legal basis for these is provided by the respective national legal systems or international treaties and statutes.
Summary and legal overview
The term ‘General’ encompasses a wide range of meanings under German law and must always be interpreted in its specific context. The legal implications range from comprehensive granting of powers of attorney and statutory organizational structures to contractual constructions for works and public law duties and obligations in the military sector. For a precise legal assessment, the specific usage of the term must therefore always be analyzed and referenced against the relevant statutory provisions.
Frequently Asked Questions
What legal framework applies to the appointment of a general?
The appointment of a general in Germany is subject to strict legal requirements set forth in the Soldiers Act (SG) and the Law on the Legal Status of Soldiers (Soldatenstatusgesetz). The appointment is made by the Federal President on the recommendation of the Federal Government, usually after consultation with the Federal Minister of Defence. The legal basis is primarily Article 62 of the Basic Law (GG), according to which the Federal President appoints officers. All career requirements must be fulfilled, including proven experience in leadership positions, appropriate military training, and an impeccable reputation. Furthermore, the appointment is documented by official certificate and can only occur as part of a formal appointment procedure. Legal remedies related to the appointment can be sought before administrative courts; in cases of alleged discrimination, anti-discrimination law principles may also apply. An appointment on probation is not permissible for the rank of general; instead, it is always a statutory appointment for life or for the duration of military service.
What specific legal powers and duties does a general have?
A general, whether a career soldier or serving for a limited term, undertakes specific, legally regulated responsibilities that go beyond those of regular military ranks. His command and directive authority result primarily from the Superior Regulation (VorgV) and the Soldiers Act. A general is regularly responsible for the planning, management, and execution of military operations at a high level. This includes decision-making powers that can have significant impacts on subordinates and the military order. At the same time, the general must observe all relevant legal standards, particularly international law and the applicable rules of engagement. His obligations include, among others, the preservation of human dignity, protection of subordinate soldiers, and fulfillment of all official duties within the framework of applicable laws and regulations. Failure to comply with legal requirements can result in disciplinary, criminal, or civil liability.
Are there any legal restrictions on the performance of general duties after retirement?
Yes, retired generals are subject to specific legal restrictions. In particular, engaging in activities related to their former official position is subject to the requirements of § 20a Soldiers Act (SG). Accordingly, former generals require the approval of the Federal Ministry of Defence for certain activities within a period following the end of their service (as a rule, five years), especially if these activities have connections to the defence or security industry (e.g., advisory work for defence companies). The objective of these regulations is to prevent potential conflicts of interest and the blurring of official and private interests. Violations may lead to administrative measures, up to and including the revocation of pension rights.
What special legal participation rights does a general have vis-à-vis subordinates?
Within the framework of statutory provisions, a general has far-reaching leadership powers over subordinates, which, however, may be expressly limited by the Soldiers Participation Act (SBG) and the Federal Staff Representation Act (BPersVG). While a general can exercise directive authority under the Superior Regulation, basic personnel measures such as transfers, secondments, or dismissals are only permissible within the scope of statutory and collectively agreed regulations. In addition, the participatory rights of the personnel representative or staff council must be observed. For example, military representative bodies must be heard and involved in disciplinary actions, particularly if these could affect larger groups of persons.
What legal liability risks does a general face in service?
A general is subject, within the scope of his official duties, to numerous liability risks, particularly regarding his civil service relationship under public law. If third parties suffer harm as a result of culpable conduct, such as erroneous orders or actions, both state liability (§ 839 BGB in conjunction with Art. 34 GG) and personal administrative liability may be considered. As with other soldiers, generals are required by disciplinary law to comply with statutes and official instructions; breaches can entail disciplinary measures, up to removal from service (§ 17 SG). Depending on the circumstances, criminal consequences cannot be ruled out, especially in cases of negligence or intent. Liability is generally limited if the damage occurs in the course of official duties and neither gross negligence nor intent is present.
What legal grounds apply to the dismissal or premature removal of a general?
The termination of a general’s service relationship is governed by strict legal provisions, primarily under the Soldiers Act (§§ 46 ff. SG), the Federal Civil Servants Act (analogously), and specific statutes for career soldiers or temporary soldiers. Early dismissal is only possible for important reasons, such as significant breach of duty, medical unfitness, or at one’s own request. Removal from a specific post may occur independently of the service relationship based on official necessity; the principles of the duty of care, protection of legitimate expectations, and proportionality must be observed. The general usually has legal remedies (objection, action before the administrative court) against dismissal or removal. However, despite these protective mechanisms, dismissal or removal can also occur against the individual’s will under particular conditions, such as serious breaches of duty.
