Term Explanation: “What” in the Legal Context
The term “What” is a universal word in everyday language, used as an interrogative or pronoun. In the legal context, however, “What” acquires a precise and technical meaning. It often serves to determine or distinguish legal subjects, legal objects, or factual situations, particularly to resolve issues in contract law, property law, or procedural law. Analyzing the term “What” is essential for interpreting statutes and contracts, as it underpins the understanding of which legal interests or facts are affected.
Function of “What” in Legal Application
Legal Dogmatic Classification
In connection with legal matters, “What” often serves to determine the object of a regulation, the scope of a claim, or the prerequisites of statutory elements. The question of “What” typically arises in the interpretation of legal norms, for example:
- What is the subject matter of the transfer of ownership?
- What is owed?
- What is the legal consequence of a specific element of fact?
“What” in the Interpretation of Legal Norms
Interpreting statutes and legal terms usually requires clarifying precisely what is meant by the relevant circumstance or legal object. For systematic interpretation, answering the “What” is therefore one of the initial steps in addressing legal issues. Examples include distinguishing by “What” in property law (e.g., movable or immovable things), contract law (e.g., obligations to perform), or criminal law (e.g., elements of an offense).
Legal Dimensions of the Term “What”
1. “What” as a Question of Determination
A question of determination seeks to identify which object, circumstance, or legal consequence is governed by a statute or agreement. In civil law, for example, it is regularly asked what the subject matter of the contract is, or what must be delivered under a purchase agreement.Example: “What is owed?” – This question examines, within the context of an obligation, which specific performance a party must render.
2. “What” in Case Handling
In legal methodology, the “What” question follows the main legal question. It is initially concerned with defining the subject of examination:
- What is being demanded?
- What happened?
- What is a prerequisite for the claim?
- What is the legal consequence?
This distinction helps to precisely identify the legal basis of a claim.
3. “What” and Elements of Legal Facts
Elements of legal facts describe what must exist according to the statute for a legal norm to apply. Here, the question “What” targets the individual requirements and their fulfillment.Example – Criminal Offense of Theft: The question “What is another person’s movable property?” determines the object to which the taking relates.
Application of “What” in Different Legal Fields
Civil Law
Here, the “What” is often asked regarding contract fulfillment, warranties, or assessment of damages. Defining exactly what has been agreed, delivered, or owed is crucial for asserting and defending claims.
Public Law
In administrative and constitutional law, determining the “What” is decisive for assigning responsibilities, delimiting sovereign powers, and defining acts of intervention or performance.
Criminal Law
In criminal law, answering the question “What is a criminal act?” determines the scope of punishable conduct. The analysis of statutory elements always begins with the “What” and examines which actions are covered by the norm.
Procedural Law
In civil, criminal, and administrative procedure, the “What” is decisive in determining the subject matter of the dispute and the relief sought. It structures the procedural dispute and assesses what is submitted for decision.
Systematic Importance of the Term “What” in the Application of Law
The systematic interpretation of laws and contracts requires the precise determination of what the regulatory subject is. Only in this way can ambiguities regarding the scope and content of statutory or contractual obligations be avoided. An exact definition of “What” is therefore central to legal certainty and the uniformity of legal application.
Summary
In legal language, the term “What” serves an essential key function, as it forms the basis for determining the subject matter, requirements, and legal consequences in all areas of law. A detailed definition is necessary to clarify rights and obligations, to interpret norms, and to handle legal matters appropriately. In all areas of law—from civil to public to criminal law—answering the “What” question contributes significantly to transparency, justice, and enforceability of the law.
Frequently Asked Questions
What must be considered legally when disclosing personal data?
When disclosing personal data, the provisions of the General Data Protection Regulation (GDPR) must be observed. Data transfer is generally permissible only if there is a legal basis such as the consent of the person concerned, a statutory obligation, or a legitimate interest according to Art. 6 GDPR. Additionally, data subjects must be informed about the data transfer (information obligations under Art. 13 and 14 GDPR). When transferring to a third country, the requirements of Art. 44 et seq. GDPR apply. It must be ensured that suitable technical and organizational measures are taken to protect the data. Violations may result in fines under Art. 83 GDPR.
What legal considerations apply when establishing an employment relationship?
When establishing an employment relationship, the provisions of the German Civil Code (BGB), in particular §§ 611 et seq., as well as the Act on Proof of the Existence of an Employment Relationship (Nachweisgesetz – NachwG), must be taken into account. The employment contract should clearly regulate the essential terms of employment, such as working hours, place of work, remuneration, and job description. There are also information and documentation obligations for the employer, who must record the agreed terms in writing or electronically within one month. In addition, there are social insurance obligations such as registering for social security and labor law protections, for example the General Equal Treatment Act (AGG).
What should be considered legally in rental agreements?
Rental agreements in Germany are subject to strict formal and substantive requirements, mainly set out in the German Civil Code (BGB), particularly §§ 535 et seq. Landlords and tenants, among other things, have duties regarding proper maintenance and payment of rent. Rental agreements are in principle not subject to any form requirements unless they are for a term longer than one year, in which case they must be in writing (§ 550 BGB). Third-party regulations, such as on service charge settlement (§ 556 BGB) or cosmetic repairs, must be clearly and unambiguously agreed upon. Statutory provisions on protection against dismissal, rent levels, and modernization also apply.
What legal aspects need to be considered regarding dismissal in employment law?
The termination of an employment relationship in Germany is subject to strict statutory requirements, particularly arising from the German Civil Code (BGB), the Protection Against Dismissal Act (KSchG), and other labor law provisions. Minors or particularly protected persons (e.g., pregnant women, severely disabled persons) enjoy special protection against dismissal under special laws. For ordinary dismissals, compliance with the respective notice periods under § 622 BGB is required. Under § 623 BGB, termination must be in writing. In companies with more than ten employees, the KSchG additionally applies, requiring dismissals to be socially justified. In certain cases, the works council must be heard before termination is issued (§ 102 Works Constitution Act – BetrVG).
What legal considerations apply when founding a GmbH?
The formation of a company with limited liability (GmbH) is governed by the German Limited Liability Companies Act (GmbHG). It requires notarization of the articles of association (§ 2 GmbHG), the specification of a minimum share capital of 25,000 euros (§ 5 GmbHG), and the appointment of managing directors. The GmbH only comes into existence upon entry into the commercial register (§ 11 GmbHG). Until then, the founding shareholders are personally liable. The formation process must fulfill various tax and trade law obligations, including tax registration with the tax office and registration with the trade office. Additionally, the duties of disclosure and bookkeeping under the Commercial Code (HGB) must be observed.
What legal aspects must be considered when drafting general terms and conditions (GTC)?
General terms and conditions (GTC) are subject to the provisions of §§ 305 et seq. BGB. They must be clear and understandable and must not unreasonably disadvantage the contractual partner (§ 307 BGB). Clauses that are incompatible with the essential principles of the law may be void under § 309 BGB. GTCs must be provided to the other party in good time before the contract is concluded (§ 305 II BGB). So-called surprising or ambiguous clauses are invalid. Depending on the target group (consumers or businesses), different regulations apply regarding the inclusion and validity of the GTC.
What is legally relevant in company transfers?
The transfer of a company can have different legal implications depending on the chosen method (share deal or asset deal). A share deal involves the transfer of shares in the company, while an asset deal concerns the transfer of individual assets and liabilities. Particularly relevant in this context are provisions of company law, labor law (§ 613a BGB – transfer of undertakings), tax law, and, where applicable, antitrust law. In the case of tenancy, license, or employment agreements, transfer or consent requirements may apply. Furthermore, there may be notification requirements to authorities, and careful due diligence is advised to minimize legal risks.
