What is an example of regulatory law

The administrative act shaping private law in regulatory law

Extract



The subject of the present study is characterized by two terms. On the one hand through the term “regulation”, on the other hand through the term “administrative act shaping private law”. Both terms must be explained in more detail, because both are very broad as such and need to be narrowed down. The following presentation of these terms pursues different goals for the investigation: While the explanations on regulatory law are intended to promote a basic understanding of this relatively young and unknown area of ​​law (A.), the explanations on the “administrative act shaping private law” form the basis for the investigation of private law shaping in sector-specific law. The figure of the "administrative act shaping private law" is determined here and a distinction is made between administrative acts that affect private law in some way, i.e. are only relevant to private law26 ​​(B). Because only a careful determination of what is actually to be understood by an “administrative act that shapes private law” allows us to examine where such administrative acts are located in the area of ​​sector-specific regulation and how they must be dogmatically treated.

A. Regulatory Law

I. On the term "regulation"

The concept of regulation defies a uniform definition.27 The only certain fact is that regulation is a certain form of state economic control.28 This description is very vague. For the present work, the term can already be narrowed down to the effect that “regulation” only means the regulation of network economies, and therefore network-related regulation.29

← 35 | 36 → In an effort to be more precise, the legislature defined in Section 3 No.

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