Rechtsfolgensatz

A Rechtsfolgensatz, translated as a "legal consequence rule," is a fundamental concept in legal systems, particularly within German legal scholarship. It describes the normative part of a legal rule, detailing the specific legal outcome or consequence that attaches to a given factual situation. Essentially, it answers the question: "What happens if these conditions are met?"

Legal rules are typically analyzed as comprising two main parts. The first is the Tatbestandsmerkmal, or factual element, which describes the conditions or circumstances that must exist. The second is the Rechtsfolgensatz, which specifies the legal effect that arises if the factual element is satisfied. This consequence could be the creation, alteration, or termination of rights and obligations, the imposition of a penalty, or any other legally relevant change.

For instance, in criminal law, a Rechtsfolgensatz might state that if someone unlawfully takes another's movable property with the intent to unlawfully enrich themselves, they shall be punished with imprisonment not exceeding five years or a fine. Here, the factual element involves unlawful taking, property, and intent, while the Rechtsfolgensatz specifies the punishment.

Understanding the distinction between the factual and consequence elements of a rule is crucial for legal interpretation, application, and the systematic organization of law. It allows legal scholars and practitioners to clearly identify the operative part of a law and its intended effect on conduct and relationships.