Referral of legal consequences

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A reference to legal consequences is the law before, when in a legal norm only constituent elements of offenses requirements be established with regard to the legal consequences but in a different standard ( target norm referenced). The legal consequences of the standard to which reference is made therefore occur when the factual requirements of the reference standard are met. The fact of the referenced standard does not have to be fulfilled.

Example: According to Section 823 (1) of the German Civil Code (BGB), the violation of an absolute right obliges to pay damages. According to Section 823, Paragraph 2, Sentence 1 of the German Civil Code (BGB), the same obligation applies to anyone who violates a law intended to protect another person. So according to Paragraph 2 Clause 1 precedes a breach of the protective law, the legal consequence arises by virtue of reference from Paragraph 1 (liability for damages).

This logically achieves the same thing as if Section 823, Paragraph 2, Clause 1 of the German Civil Code (BGB) would read: "Anyone who violates a law intended to protect another is obliged to compensate the other for the resulting damage." However, the referral technique avoids this unnecessary repetition .

If reference is also made to the facts of the other standard, this is referred to as a legal reference .

List of regulations with legal consequences

Reference to the legal consequences of the right to enrichment

The following provisions refer to the right to enrichment:

Reference to the legal consequences of the right of withdrawal

Referral of legal consequences to the owner-owner relationship

References to the owner-owner relationship (EBV) consistently represent a reference to legal consequences, especially in the following provisions:

Referral of legal consequences to the GoA

The following provisions refer to management without an order ( § 677 ff. BGB) in the form of legal consequences:

Reference to the legal consequences of sales law

References and comments

  1. ↑ cf. also Wörlen / Leinhaus, JA 2006, 22 ff.
  2. ↑ BGH NJW 2008, 911 with use on BT-Drs. 14/6040, p. 196
  3. ↑ str. but established case law BGHZ 71, 86, 97 ff; 98, 77, 83 ff; BaRoth / Wendehorst § 812 margin no.33; AnwK / v Sachsen Gessaphe Before §§ 812 margin no. 19; Erman / Buck-Heeb Before § 812 margin no. 8; loc. cit. Ebert, NJW 03, 3035, 3036 f; v Caemmerer FS Rabel I, 333, 394 ff