Principle of territoriality

the principle of territoriality (also territorial principle called) concerns a question of the application of the law, concerns themselves thus with the question, which right to which persons when and at which place is applicable. Generally says the principle of territoriality that all persons of the sovereignty and the laws of the state are subjected, on whose territory it in each case is. The principle of territoriality can also determine, which political rule at a place is used, for example in the language politics.

The so-called Personalitätsprinzip forms the contrast to it.

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general

the fact that a state its own citizens affecting legal and accordingly can arrange the social and social with one another legal and must, appears plausibly. Already in earlier times a member of a trunk applied also than for the right and the customs of this trunk subjected in most cultures. This so-called Personalitätsprinzip ties thus at the person, while the principle of territoriality ties to an area, on which a right application finds.

Problems result if a state wants to affect persons, who are not its citizens, but the Rechssubjekte of another state is.

In particular in the criminal law the question about the right which can be used always arises during foreign contact. Which right applies in exterritorialem ordering (ships in international waters, airplanes over international waters, embassy buildings), to military member abroad, to diplomats, in the Internet?

  • In the criminal law it regulates the area of application of the criminal law of a certain country over the acts on its territory, idR. independently of it, whether the author is a citizen of the country, or not.
  • In the civil law the applicability of the right of a country to appropriate right subjects and circumstances is determined in particular first by lex rei the sitae, thus the right of the belegenen thing. ( The situation place of a thing is then the connecting factor for the valid right).
  • In the tax law it regulates into which State of (country, canton, municipality, etc.) an income, net assets, or an inheritance is paid duty, dependent on the acquisition place and mainlive-sits the taxpayer. Strictly the principle of territoriality will become used with real estates, it paid duty, where they lie.
  • Used for the acquisition of the nationality the territorial principle as synonym for Ius Soli (the place of birth and not the nationality of parents decide the nationality of a child) with

cases with foreign contact requires sometimes it regulations over it, which right application is to find. Such cases of collision become and. A. by international private law and the international civil proceeding right regulated.

the principle of territoriality in Swiss language politics

in Switzerland is used the principle of territoriality particularly in the language politics. The language liberty is ensured in Swiss Federal Constitution, but the iurisdiction recognizes the kantonalen authorities the right too, which traditional linguistic composition of the country to consider (principle of territoriality). The cantons and the municipalities can seize therefore measures, in order to receive the delivered borders of the language areas and their homogeneity, even if thereby the liberty of the particular is limited to use its native language.

Practically this means that it in most areas of Switzerland only a recognized language for handling the authorities, to which Gerichtswesen gives, and to which public schools. Only in few districts and municipalities along the language borders exists a right the language within these ranges freely to select. Swiss the principle of territoriality does not have influence on the use of the languages within the other private or public sectors, in the economy, in the newspapers or in the culture.

The principle of territoriality is an important contribution to the language peace in Switzerland and by all parties is generally supported. There are problems with its application particularly in the following areas:

- German - French language border in the cantons Berne and Freiburg

- Italienischsprachige of areas with strong Zuwanderung from German Switzerland (region Locarno in the Tessin, the Bergell in grey federations)

- in many areas concerned not at all by the principle of territoriality protected the RA-gate-Omani is. The linguistic integration of German-language Zuzüger is often limited to the children the primary school age - if at all a Roman school is present.

see also

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