Perplexity (law)
From perplexity is called in the law , if a statement ( declaration of intent or contract arrangements ) contains several provisions relating to the legal consequences contradict and their priority not by design can be determined. Such a statement is void as a declaration of intent or as a contractual regulation .
If the interpretation eliminates the internal contradiction of several provisions by assigning priority to one, the declaration of intent or contractual regulation is effective. According to BGH rulings , the judge must work towards this.
Even laws are perplexed when the requirement of legal clarity disagree. They are declared null and void by the Federal Constitutional Court within the framework of a constitutional review of norms ( Section 78 , Section 82 (1 ) BVerfGG ).
See also
Individual evidence
- ↑ Medicus / Petersen , civil law according to claims , 25th edition, marginal no. 133.
- ↑ BGHZ NJW 1986, 1035 f.
- ^ Dieter Medicus: Civil law . 19th edition Carl Heymanns Verlag, Cologne 2002, ISBN 3-452-24982-4 , Rnr. 133 f.
- ↑ Emanuel Vahid Towfigh: Complexity and clarity of norms - or: Laws are made for lawyers Preprints of the Max Planck Institute for Research on Collective Goods , Bonn 2008/22, p. 10 ff.
