Definition of terms: Ordinary in the legal context
Definition and general meaning
The term “Ordinary” (English for “regular” or “usual”) is used in the legal field, especially in Anglo-American legal systems, as a technical term with various meanings. A central aspect is the function of the Ordinary as an official authority in ecclesiastical or judicial proceedings, with the precise application depending on national legal systems as well as historical developments.
Etymological origin
The word “Ordinary” derives from the Latin “ordinarius,” meaning “regular” or “in order.” In most legal historical contexts, the Ordinary stands in contrast to an extraordinary or ad hoc official or competence.
Legal manifestations of the term Ordinary
Ordinary in a canonical law sense
Functions and duties
In traditional canon law, especially of the Roman Catholic Church, an “Ordinary” is any official who, by virtue of office (ex officio), holds governing authority within a specific ecclesiastical district or institution. Ordinaries include bishops, vicars general, and certain higher prelates. They exercise formal and permanent supervisory and managerial functions.
Decisions and jurisdiction
An Ordinary is authorized to grant dispensations, impose sanctions, or initiate and decide proceedings in ecclesiastical matters. Of particular note is the function as the court of first instance in canonical legal disputes.
Ordinary in Anglo-American civil law
Use in English law
In English law, “Ordinary” primarily referred to the following groups of persons:
- Judge Ordinary: A judicial official who independently exercises judicial power, often without an appellate instance. Before the establishment of a central probate court, the “Ordinary” was responsible for inheritance matters.
- Clergyman Ordinary: A clergyman appointed to provide spiritual care for prisoners, particularly at the time of executions.
Significance in U.S. law
In the United States, the term “Ordinary” is used in certain states as an official title for magistrates entrusted with special administrative duties. An example is the “County Ordinary” in states such as Georgia, who is responsible, among other things, for issuing marriage licenses, opening wills, and probate matters.
Distinction from extraordinary functions
The term “Ordinary” typically distinguishes persons, proceedings, or legal acts from those classified as “extraordinary.” The latter refer to exceptional jurisdictions, temporary powers of attorney, or special procedural routes that fall outside the usual order.
Ordinary in modern legal doctrine
Doctrinal significance
In modern legal understanding, the Ordinary is a figure symbolizing regularity, institutional integration, and permanent authority. This is reflected, among other things, in corporate and administrative organizational law, whenever competencies are permanently established rather than based on individual case decisions.
Practical significance in jurisprudence
Particularly in the international context, when interpreting statutes, bylaws, or rules of procedure, a distinction is made between “ordinary powers” and “extraordinary powers.” The powers of the Ordinary are limited to recurring, foreseeable situations.
Ordinary in private international law
Relevance in conflict of laws
Within the framework of private international law, the term “Ordinary residence” is used to determine jurisdictions, applicable legal norms, or competencies. Here, “Ordinary” serves as a criterion for regularity and permanence in one’s way of life.
Application and evaluation
Rules regarding “ordinary residence” can be found, among others, in European family law, tax law, and social legislation, for example in connection with determining eligibility for social benefits under EU law.
Conclusion
“Ordinary” is a term in law with diverse meanings. Depending on the context, it refers to official persons with regular authority, ordinary procedural processes, or legal categories for the assignment of responsibilities, rights, and obligations. The exact interpretation and application always depend on the respective legal system, field, and historical background.
Frequently asked questions
What legal requirements apply to the labeling and declaration of “The Ordinary” products on the German market?
Cosmetic products such as those from the brand “The Ordinary” are subject to strict legal requirements for labeling and declaration on the German market. According to the EU Cosmetics Regulation (Regulation (EC) No. 1223/2009), all ingredients (INCI – International Nomenclature of Cosmetic Ingredients), the responsible person, as well as the country of origin (if imported), must be clearly, legibly, and permanently indicated on the packaging. The batch number is also required for traceability. In addition to mandatory information such as the minimum durability date (if under 30 months), intended use, and special precautions, the manufacturer’s or importer’s address must be stated. Incorrect labeling may result in warnings, fines, and a prohibition on marketing. All advertising claims must also be checked for legal compliance under competition and pharmaceutical advertising law to prevent misleading promises.
What rights do consumers have in the event of defective or non-conforming “The Ordinary” products?
Consumers have a statutory warranty claim against the seller for defective or non-conforming cosmetic products from “The Ordinary” pursuant to §§ 434 ff. BGB. Within the legal period of two years from delivery, there is a right to subsequent performance (replacement delivery or repair), rescission or reduction, and possibly damages. If a product defect exists, such as an incorrect formulation or inadequate product safety, the buyer may initially demand subsequent performance; if this fails or repeats, there is a right to rescind or reduce the purchase. The burden of proof lies with the seller in the first twelve months (reversal of the burden of proof). If personal injuries occur, the provisions of the Product Liability Act (§§ 1 ff. ProdHaftG) also apply.
Are “The Ordinary” products subject to a special approval procedure in Germany?
Cosmetic products such as those from “The Ordinary” are not subject to an explicit, individualized approval procedure in Germany, but rather a general market control. According to the EU Cosmetics Regulation, the responsible person is obliged to maintain a so-called product information file (PID) for each cosmetic product before it is placed on the market, which contains detailed information on formulation, safety assessments, manufacturing procedures, and safety data. For imports from third countries, an importer in the EU must be named to fulfill this obligation. Products must also be registered in the Cosmetic Product Notification Portal (CPNP). Enhanced official monitoring may be implemented for products with new or controversial ingredients. If products are classified as medicinal products (e.g. due to efficacy claims), significantly stricter approval requirements apply.
What liability regulations apply in the event of damages caused by “The Ordinary” products?
In the event of personal injury, property damage, or other impairments related to the use of “The Ordinary” products, the Product Liability Act applies. This provides for strict liability of the manufacturer if a product causes damage due to a defect. In addition, producer liability under § 823 BGB may apply for breach of duty of care. The prerequisite is that the product does not meet the legitimately expected safety standards. Liability claims can be asserted up to ten years after the product is placed on the market. However, when asserting liability claims, there are requirements regarding the burden of proof by the injured party.
What duties do retailers and importers have with regard to market surveillance of “The Ordinary” products?
Retailers and importers in Germany have comprehensive obligations for providing safe products under the Cosmetics Regulation and the Product Safety Act (ProdSG). They must ensure that only compliant, correctly labeled, and registered cosmetics are sold. Furthermore, they are required to recall or support the recall of suspicious or dangerous products, inform authorities of risks, and ensure traceability. The retailer must ensure that the product information file exists and that the products are properly registered in the CPNP. Violations of these duties can result not only in fines, but also in civil claims for damages or criminal prosecution.
What should be considered legally regarding advertising claims and testimonials about “The Ordinary”?
Marketing and advertising for cosmetic products such as “The Ordinary” are subject in particular to the Act Against Unfair Competition (UWG), the EU Cosmetics Regulation, and the German Drug Advertising Act (HWG). Advertising must not contain misleading claims about the nature, effects, or characteristics of the products; medical efficacy claims are prohibited unless it is an approved medicinal product. Testimonials and influencer advertising must be clearly identified as advertising (§ 5a UWG), and any health-related statements require a solid scientific basis. Violations often lead to competition law warnings and injunctions.
What data protection aspects apply to the use of “The Ordinary” online shops or newsletters?
When using online shops and newsletters from “The Ordinary” or its distribution partners, the General Data Protection Regulation (GDPR) applies. Providers are required to take adequate technical and organizational measures to protect personal data when collecting, storing, and processing it (e.g., in order processes, newsletters, or user accounts). Data subjects must also be comprehensively informed about the type, purpose, and scope of data processing (transparency requirement, information obligations). There is generally a right to access, rectification, erasure, and objection to data processing. Special care must be taken when sending data to third countries or using tracking tools; violations may result in significant fines.
