Praeter legem
Praeter legem ( Latin past the law , outside the law ) is a legal term from jurisprudence . It means that a right view ignores the right. This is the case, for example, when, in a legal discussion, a view is not covered by the literal sense of the norm , but does not conflict with it either ( contra legem ).
Examples are the so-called factoring contract , the transfer of ownership by way of security or the use of the grid search in Germany in the 1970s.
literature
- Curt Wolfgang Hergenröder : Civil procedural principles of judicial legal training , Mohr-Verlag 1995, Volume 12 of Jus Privatum: Contributions to private law , ISBN 3-1614-6389-7 .
