Actus contrarius

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The Latin term actus contrarius , also consensus contrarius (opposite act, opposite legal act) is a legal technical term. It describes an act with which an earlier act ( actus primus ) is to be reversed or canceled.

The actus contrarius has the same legal nature as the actus primus. In addition, the power to issue the actus primus is also largely derived from the power to issue the actus contrarius.

For example, a law can only be changed or canceled by another law, an administrative act only by another administrative act, and a legal transaction only by another legal transaction, e.g. a contract by a cancellation agreement ( Section 311 (1) BGB).

See also

literature

  • Rolf Knütel : Contrarius consensus: Studies on the termination of contracts in Roman law , Cologne Graz, Boehlau 1968, University of Hamburg, dissertation 1967, series of publications: Research on Roman law; 24.

Individual evidence

  1. ^ Carl Creifelds: Legal dictionary . 21st edition 2014 ISBN 978-3-406-63871-8