Aufhebungswille

Aufhebungswille is a term used in German law to denote the intention to terminate or annul a legal act or contract. It is a doctrinal concept that helps to determine whether a legal relationship should continue or come to an end, and it can be expressed explicitly or inferred from conduct and surrounding circumstances. The notion appears in various branches of law, particularly in contract law and administrative law, where the presence or absence of a genuine will to abolish a legal effect is decisive for the result.

In unilateral cases, the Aufhebungswille may arise when a party seeks to revoke an offer, withdraw from a contract before it has been accepted, or terminate a contract through a unilateral termination. The enforceability of such steps depends on whether there is a clear and legitimate intention to extinguish the contractual obligations, subject to any applicable rules on revocation or notice.

In bilateral contexts, the Aufhebungswille is central to the concept of an Aufhebungsvertrag, a mutual agreement to dissolve a legal relationship. Here both parties must consent to end the contract and to its consequences, which may include the cessation of obligations from a specified date or retroactively as agreed.

The concept is also relevant when the validity or continuation of a decision or act is challenged, or when administrative or judicial actions affect the legal status of a relationship. If the will to terminate is unclear or contradicted by ongoing performance, courts assess the surrounding circumstances to determine whether an Aufhebungswille exists.

In summary, Aufhebungswille describes the intention to terminate or annul a legal act or contract, and identifying this intention is essential for determining whether legal obligations cease.