Teleological Extension
The term teleological extension is a term used in legal methodology and describes one of the means or instruments for filling in legal loopholes .
Means of filling gaps in the law
The teleological extension is - just like the reverse case of the teleological reduction - a sub-case of a legal analogy , and enables the user of the law to apply a norm to cases or facts that lie outside the wording of the norm. The basis for the application of the standard, which goes beyond the limits of the wording, are considerations based on teleology , i. H. of the sense and purpose of the norm.
example
According to Section 107 of the German Civil Code (BGB), a minor requires the consent of his legal representative to make a declaration of intent through which he does not merely obtain a legal advantage.
What is not regulated is the case that a declaration is legally neutral for the minor , i.e. H. brings neither a legal advantage for him, but in any case no legal disadvantage either .
Section 107 protects the minor from the adverse legal consequences of declarations of intent of any kind (e.g. contractual declarations), the scope of which - as a minor - he may not be able to comprehensively foresee or estimate. Because the norm requires the representative's consent, the minor's "capacity to act" is limited for his own protection. According to this (protective) purpose of the standard, there is no need to protect the minor - even - from legally neutral declarations (and to limit his or her ability to act). By way of teleological extension, the exception regulation contained in § 107 is also extended to legally neutral declarations of intent.