Ausnahmetatbestand

Ausnahmetatbestand is a term used in German law to describe a circumstance or provision that constitutes an exception to the general rule established by a norm. It designates a factual basis or legal ground under which the usual legal consequence does not apply, or where the rule’s effect is modified. The term functions as a doctrinal label rather than as a distinct formal category, and it is commonly employed by courts and scholars to describe provisions that create exemptions, justifications, or special permissions within a broader legal framework.

In practice, Ausnahmetatbestände can appear in various branches of law, including criminal, administrative, and constitutional law. They may justify actions that would otherwise be unlawful, exempt individuals from liability, or authorize measures that would normally be impermissible. Typical features are that the exception is provided for by statute or derived from the interpretation of the norm, and that its application is bounded by limits such as scope, duration, proportionality, and necessity.

The concept is closely tied to the distinction between general rules and exceptions within the structure of a norm or Tatbestand, and it is invoked by courts when applying law to exceptional or unusual circumstances, such as emergencies or special factual situations. Scholarly and judicial discussions emphasize careful delineation of Ausnahmetatbestände to preserve legal certainty and predictability.

Etymology: Ausnahmetatbestand compounds Ausnah-meaning “exception” with Tatbestand meaning “factual basis” or “elements of a norm.”