Rechtsgeschäft

A Rechtsgeschäft is a fundamental concept in civil law systems. It refers to a legal transaction, an act performed by one or more individuals with the intention of creating, modifying, or terminating legal rights and obligations. The key element of a Rechtsgeschäft is the presence of a declaration of intent (Willenserklärung) by the parties involved. This declaration signifies their will to bring about a specific legal consequence.

Rechtsgeschäfte can be unilateral, meaning they are made by a single declaration of intent, such as a testament or the renunciation of an inheritance. More commonly, they are bilateral or multilateral, requiring at least two concurring declarations of intent, such as in contracts. For a Rechtsgeschäft to be valid, certain conditions must be met, including the legal capacity of the parties, the lawfulness of the object of the transaction, and the absence of any vitiating factors like fraud or duress. The specific requirements and consequences of a Rechtsgeschäft are detailed within the relevant civil codes of civil law jurisdictions. Understanding the nature of a Rechtsgeschäft is crucial for comprehending the formation and effect of legal relationships in these legal systems.