Rechtsfortbestand

Rechtsfortbestand is a term used in German‑language legal systems to describe the continuation of existing legal relations, rights, or obligations after the introduction of new laws or regulations. It refers to the persistence of the legal regime governing ongoing matters through transitional provisions until the new rules fully take effect or until specific contracts or procedures terminate.

The concept serves to preserve legal certainty and protect vested expectations during reform. Legislatures often enact transitional (Übergangsregelungen) that specify which rules apply to ongoing contracts, administrative actions, or property rights. By establishing a Rechtsfortbestand, authorities avoid retroactive nullification of rights and reduce disruption for individuals and organizations facing regulatory change.

Rechtsfortbestand is closely related to, but distinct from, Bestandschutz (protection of existing rights). While Bestandschutz generally protects concrete rights from erosion, Rechtsfortbestand concerns the retention of the applicable legal framework itself for ongoing matters. Both aim to provide predictability, but they operate in different doctrinal areas within the law.

Examples of its application can include situations where existing leases continue to be governed by the former tenancy regime for the duration of the lease, or where already registered companies retain the old regulatory treatment during a transitional period after a corporate-law reform. The exact scope and duration of the Rechtsfortbestand depend on the specific transitional provisions enacted in the reform.

See also: Bestandschutz, Übergangsregelung, Rechtsfolgen, Rechtssystem.