Teleological restriction
The term teleological restriction or reduction is a term used in legal methodology and describes one of the means or instruments used to fill in legal loopholes .
Means of filling gaps in the law
The teleological reduction or restriction means that the user of the law does not apply a norm in individual cases, although the wording of the norm would be applicable "in itself". He can do this on the basis of teleology ; H. justify the sense and purpose of the norm.
For a teleological reduction, norms are "suitable" which, according to their text (wording), also cover those cases or life situations that should not be covered according to the meaning and purpose of the norm. A "literal application of the norm" would therefore lead to the purpose pursued by the law being turned into its opposite. The teleological restriction is the means to "restrict" or correct the wording of the norm according to the meaning and purpose of the norm (see "Restriction").
example
As an example, § 142 Paragraph 1 BGB can be cited when it applies to employment relationships. According to § 142 Paragraph 1 BGB, a contestable legal transaction is to be regarded as void from the start in the event of contestation . The legal transaction is therefore retrospectively void. If services have already been provided in the case of a contested contract, the services can be reclaimed.
For employment relationships that have been carried out, d. H. the employee has already performed work, the retrospective nullity meant that the employee would not have any claims to the consideration (wages). But he could not demand his work (as such) back. Such a result would be unreasonable for the employee. If a declaration of the employment contract is contested, the employment contract (the legal transaction) is also considered null and void, but not with effect "from the beginning" (ex tunc), as stated in Section 142 (1) BGB, but with effect "ex nunc ", d. H. from the declaration of the challenge.
