Inter partes and inter omnes
As effect inter partes ( Latin : "between the parties"), lawyers refer to the effect of a (usually judicial ) decision if it is not generally valid for everyone but only applies to the parties involved in a legal dispute (see Section 325 ZPO ) .
For example, some decisions of the Federal Constitutional Court that develop legal force have general validity (cf. § 31 BVerfGG ). Also one of the action instead of imaging judgment in company law for rescission and nullity proceedings not only acts between the process involved, but in accordance with §§ 248 para. 1, sentence 1, 249 para. 1 sentence 1 AktG for and against all the shareholders and the members of the Board and of the supervisory board, even if they are not a party. The effect of such decisions is then referred to with the term inter omnes (Latin "among all"; also erga omnes ). A factual judgment that rejects the action for annulment and annulment, on the other hand, has no legal force for everyone, in the absence of a regulation corresponding to Section 248 (1) AktG, but only applies to the parties to the litigation.
Contracts, on the other hand, only have an effect inter partes (so-called relativity of the obligations); Exceptions to this are the contract in favor of third parties ( Sections 328 ff. BGB ) and the contract with protective effect in favor of third parties that have positive effects on a specific person or group of people.
