Protection of confidence
The protection of legitimate expectations is a legal principle which states that a trust placed in the citizen must be protected by the legal system .
In Germany it is derived from the constitutional rule of law ( Article 20 of the Basic Law ); In Switzerland and the Principality of Liechtenstein , the constitutional basis is the prohibition of arbitrariness .
In public law , the principle of the protection of legitimate expectations is expressed e.g. B. in the fact that the citizen can rely on the existing legal situation in his dispositions and no negative repercussions for the citizen may come into force in the event of changes to the law . Another effect is that under German law, administrative acts that favor the citizen may only be repealed with effect for the future or if the citizen is not worthy of protection ( Section 48 , Section 49 of the Administrative Procedure Act ).
In social law , the protection of legitimate expectations is standardized in Section 45 (2) SGB X.
The principle of the protection of legitimate expectations also applies in civil law . B. the trust of the purchaser that the owner of an item is also entitled to transfer ownership is protected (see for more details under Acquisition in good faith from unauthorized persons ).
See also
Literature and web links
- Beatrice Weber-Dürler : Protection of Confidence in Public Law , Basel 1983 (also habilitation thesis Zurich), ISBN 3-7190-0853-3 .
- Lothar Kuhlen : To protect trust in the event of incriminating changes in case law
- Section 48 (2) VwVfG as an example of a statutory regulation of the protection of legitimate expectations
