ex nunc

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Ex nunc ( Latin from now, from now on ) is in the legal terminology the name given to the timing of the effect from the entry into force of any provision or agreement and is still used today as a technical term used.

As a rule, every legal act acts ex nunc . If a legal act exceptionally works for the past, it is referred to as ex tunc effect ("retrospective").

Mode of action

Contractual relationships are terminated, for example, by a termination agreement or a termination for the future. All services carried out up to then on the basis of the contract retain their legal basis, since the contract no longer exists from now on (ex nunc), possibly after a period of notice has expired. In the event of an ex tunc effect, such as a challenge, on the other hand, the services exchanged would have to be returned according to the enrichment law, because the contract then did not exist from the start.

Special case of the factual contractual relationship

If a contract is ineffective from the start (e.g. due to the lack of legal capacity of one of the parties) or if it is to be treated in this way (e.g. due to a justified challenge ), a reversal may be possible. They can have undesirable side effects and pose enormous practical problems. In these cases, under certain conditions, the contract will be treated as effective, despite its initial ineffectiveness, until the ineffectiveness has been recognized or the challenge has been pronounced, so that it has de facto ex nunc effect (contrary to the wording of Section 142 (1) BGB ) .

This exception is of high practical relevance, particularly in the case of successfully contested employment relationships.

See also

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