(2) In so far as the statutory provisions which remain in force as Land law confer such a power, it shall be exercised by the competent authorities under Land law. In order to understand the fundamental transition from the old recourse system to the new one, we should first look at the situation that existed before the changes came into effect. In the past, the remedies available to the creditor (e.g. the buyer) under the BGB depended on the nature of the breach of contract by the debtor. Four main types of offences were mentioned: „review“ is a remedy which, unlike „appeal“, can only be based on an offence. At present, no second factual proceedings are opened. The appeal seeks to determine whether the first instance decision was rendered in accordance with due process and whether the penal provisions were properly applied. Where the action of the authority consists in establishing an administrative offence committed by the economic operator in the form of an order imposing a fine, the remedy shall be available. This observation allows, first of all, general statements on the new system of the new law of obligations of the BGB. The central condition of any remedy by the buyer (breach of contract) has been extended to the whole of contract law. In the German discussion, this was described as a „great solution“. The new German law of obligations requires a „breach of duty“ to remedy the creditor.
This was a fundamental change, as BGB had previously drawn a clear distinction between, for example, the buyer`s rights in the event of defects on the one hand and in the event of non-performance on the other. German law has now developed a general type of breach of contract – specifically, the term even goes beyond contract law and extends as breach of duty to the entire law of obligations. This makes many distinctions that were previously necessary superfluous or at least easier. (4) The right to establish private schools is guaranteed. Private schools that serve as an alternative to public schools require state consent and are subject to state laws. This permission is granted if private schools are not inferior to public schools in their educational objectives, institutions or the professional training of their teaching staff and if this does not encourage the separation of pupils according to the means of their parents. Admission is refused if the economic and legal situation of the teaching staff is not sufficiently ensured. 4. In the cases referred to in paragraph 3 and in other cases which are manifestly unfounded or considered to be manifestly unfounded, the enforcement of measures terminating the residence of an applicant may be suspended by a court only if there are serious doubts as to their legality; The scope of the review may be limited and late objections may be ignored. The details are governed by law.
The legal provisions for the „liberation of the German people from National Socialism and militarism“ are not affected by the provisions of this Basic Law. Article 19 [Limitation of fundamental rights – remedies] The conditions for the debtor`s remedies now depend on the nature of the legal remedy sought. These include: (2) Paragraph 1 of this Article may not be invoked by a person entering the territory of the Federal Republic from a Member State of the European Communities or from another third State in which the application of the Convention relating to the Status of Refugees and the Convention for the Protection of Human Rights and Fundamental Freedoms is guaranteed. The States outside the European Communities to which the conditions set out in sentence 1 of this paragraph apply shall be determined by law, which shall require the approval of the Bundesrat. In the cases referred to in the first sentence of this paragraph, measures may be taken to terminate the residence of an applicant, irrespective of any judicial remedy brought against him. (2) Measures taken on the basis of the legal provisions referred to in paragraph 1 shall be repealed if the Bundestag so requests. The legal relations of persons, including refugees and expellees, who were employed in the civil service on 8 May 1945, who left the service for reasons other than those recognized by the Civil Service Code or collective agreements and who have not yet been reinstated or who are employed in functions other than those previously held shall be governed by federal law.
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