Maßsätze

Maßsätze are a term originating from German legal language, referring to specific legal provisions that deviate from general rules. These provisions are often designed to address unique circumstances or to implement specific policy goals. They are characterized by their exceptional nature, meaning they only apply in the situations they explicitly describe, and all other cases remain governed by the general legal principles.

The concept of Maßsätze is crucial for understanding the structure and application of many legal systems. When interpreting a law, one must first determine if a Maßsatz applies to the case at hand. If a Maßsatz is found to be applicable, its specific rules take precedence over the general provisions. If no Maßsatz applies, then the general legal rules are used. This hierarchical approach ensures that laws can be both comprehensive and adaptable to various situations.

Examples of Maßsätze can be found in various fields of law, including contract law, criminal law, and administrative law. For instance, a general rule might state that all contracts require consideration, but a Maßsatz might specify that certain types of donations are legally binding without consideration. Similarly, a general rule regarding liability might be modified by a Maßsatz for specific professions or activities. The precise wording and scope of each Maßsatz are critical for its correct application.