Rechtsgeschäftliche

Rechtsgeschäftliche refers to legal transactions, which are actions undertaken by individuals or entities that have legal consequences. These actions are voluntary and are intended to create, alter, or extinguish legal rights and obligations. In essence, a rechtsgeschäftliche act is a declaration of will that aims to achieve a specific legal outcome.

The most common examples of rechtsgeschäftliche acts include contracts, wills, and the creation of companies. For instance, when two parties enter into a contract, they are engaging in a rechtsgeschäftliche act. Their declarations of will to buy and sell, for example, create legally binding rights and duties for both parties. Similarly, making a will is a rechtsgeschäftliche act where a person declares their wishes regarding the distribution of their property after death, thereby altering legal ownership.

A key characteristic of a rechtsgeschäftliche act is the intent behind it. The actor must intend for their action to have a legal effect. This distinguishes it from mere factual actions, such as walking down the street, which do not inherently create legal consequences. The validity of a rechtsgeschäftliche act depends on various factors, including the legal capacity of the individuals involved, the legality of the object of the transaction, and the absence of any vitiating factors like fraud or duress. German legal terminology, in particular, frequently uses the term rechtsgeschäftliche to describe these legally significant actions.