Kenntnisverschaffung

Kenntnisverschaffung is a German legal term that translates to "acquiring knowledge" or "becoming aware." It refers to the process by which a party in a legal proceeding or a transaction becomes informed about relevant facts or circumstances. This awareness can be crucial for establishing legal rights, obligations, or responsibilities.

In civil law, Kenntnisverschaffung is often relevant in cases involving contractual disputes, torts, or property law. For instance, a party might be deemed to have acquired knowledge of a defect in a product, which could then affect their ability to claim damages. Similarly, in real estate transactions, a buyer acquiring knowledge of a property's encumbrances can impact the sale agreement.

In criminal law, Kenntnisverschaffung can be significant when determining intent or mens rea. If a person becomes aware of certain facts that make their actions illegal, this knowledge can contribute to establishing their guilt. For example, knowingly possessing stolen goods constitutes Kenntnisverschaffung and can lead to criminal charges. The act of obtaining knowledge is not necessarily an active pursuit but can also occur through negligence or an obligation to inquire. The specific context and jurisdiction will determine the precise legal implications of Kenntnisverschaffung.