Getakteten

Getakteten is a German legal term that refers to the principle of "actio personalis, actio realis," which translates to "personal action, real action." This principle is fundamental in German civil law and is used to determine the legal consequences of a contract or legal transaction. Under this principle, a contract or legal transaction has two components: the personal action, which is the agreement between the parties, and the real action, which is the legal consequence of that agreement.

The personal action involves the consent of the parties, which must be free, informed, and unambiguous. This means that the parties must have the legal capacity to enter into the contract, they must have been informed about the essential terms of the contract, and their consent must be freely given and not coerced or influenced by fraud or mistake.

The real action, on the other hand, is the legal consequence of the personal action. It is the creation, modification, or termination of a legal relationship between the parties. This can include the transfer of property, the establishment of a debt, or the creation of a legal obligation.

The getakteten principle is important because it ensures that legal transactions are based on the consent of the parties and that the legal consequences of those transactions are clear and predictable. It also helps to prevent fraud and coercion by requiring that the consent of the parties be free and informed.

In summary, getakteten is a key principle in German civil law that ensures the validity of contracts and legal transactions by requiring both a personal action (consent of the parties) and a real action (legal consequence of the agreement).