Tatsachenfrage

Tatsachenfrage is a term used in German law to denote a question of fact in legal proceedings. It concerns whether a certain fact occurred or exists, such as the existence of a contract, causation, or the state of mind of a person. This stands in contrast to a Rechtsfrage, which concerns questions of law, such as the interpretation or application of legal norms.

In practice, Tatsachenfragen are resolved on the basis of evidence presented in court. The party asserting a fact bears the burden of proof (Beweislast). The court’s assessment of the evidence, known as Beweiswürdigung, determines the factual findings and the strength of the proven facts. German procedure takes a standpoint of the court’s conviction, meaning the decision on a Tatsachenfrage is supposed to be supported by the weight of the evidence rather than by proof beyond reasonable doubt.

The distinction between Tatsachenfragen and Rechtsfragen is important for the allocation of review on appeal. While courts generally review legal questions de novo, factual findings are often reviewed with regard to their plausibility and the adequacy of the Beweiswürdigung; in higher proceedings, the limits of re-examining Tatsachenfragen depend on the relevant procedural path (for example, revision for legal errors, or appeal with broader factual review in some contexts).

Etymologically, Tatsachenfrage combines Tatsachen (facts) with Frage (question). The concept is employed across civil, criminal, and administrative law to separate disputes about what happened from disputes about what the law requires in light of those events.