Editing oversight

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As a drafting error is from the jurisprudence and jurisprudential literature an ambiguous or incorrect wording of laws referred to, so that the law contrary to the express wording differently designed can be.

Such editing errors occur regularly and are sometimes corrected immediately by the legislature (see e.g. the Signature Act or De-Mail Act in Germany ) or left unchanged for decades (see e.g. management without an order ).

Situation in Germany

The name was first used by the Federal Labor Court and later adopted by the Federal Administrative Court . Since then, there have been a large number of individual cases and judgments in all areas of law that deal with editing errors.

Editing errors are also assumed for collective agreements or agreements under private law .

See also

Individual evidence

  1. BVerwG, judgment of April 29, 1964, Az. IB 66.64, full text
  2. BAG, judgment of November 21, 2012, Az. 4 AZR 139/11, full text