Rechtsvervollständigung

Rechtsvervollständigung, a German legal term, translates to "completion of law" or "filling of legal gaps." It refers to the process by which courts or legal scholars identify and resolve situations where existing statutory law is insufficient or silent on a particular matter. This can occur when a new societal issue arises, or when a specific case presents facts not explicitly covered by current legislation.

The principle of Rechtsvervollständigung is rooted in the idea that the legal system should aim for completeness and coherence. When a lacuna (gap) in the law is identified, the task is to find a solution that aligns with the overall spirit and principles of the existing legal framework. This is not about creating new laws, but rather about extending existing legal principles or applying them analogously to the novel situation.

Judges play a crucial role in Rechtsvervollständigung. Through judicial interpretation and reasoning, they can bridge these gaps. This often involves examining the purpose (telos) of the relevant laws, considering fundamental legal principles, and drawing upon established legal doctrines. The goal is to ensure that justice is served and that the legal system remains adaptable to changing circumstances. While the legislature is the primary source of law, Rechtsvervollständigung acknowledges the necessity of judicial contribution to the ongoing development and application of legal norms.