außenwirksame

Außenwirksame is an adjective used in German law to describe acts, declarations, or authorities that have external legal effect, meaning they bind or affect third parties outside the organization or person asserting them. The related noun is Außenwirksamkeit or Außenwirkung, which names the external force of such acts. In contrast, innenwirksam refers to effects that are limited to internal, organizational matters without immediate external binding.

In legal practice, the distinction between external and internal effectiveness is important for representation and authorization. A declaration or action is typically außenwirksam if it falls within the scope of a person’s legally granted authority to represent another party, such as a company. The appearance of authority before third parties can create binding obligations for the principal even if the internal organizational processes would not have approved the act. If a person acts beyond their authorized scope, the act may lack Außenwirksamkeit toward outsiders, exposing the principal to internal disputes or liability.

Common contexts include corporate representation and powers of attorney. Prokura (a type of commercial power of attorney) usually has strong außenwirksamkeit, enabling the holder to bind the business in normal business operations. General Vollmacht can also be außenwirksam if it authorizes actions vis-à-vis third parties, while some internal decisions or resolutions may be innenwirksam if they do not create external rights or obligations. The assessment of Außenwirksamkeit often hinges on statutory rules, board or shareholder resolutions, and the scope of the agent’s authority, as well as the appearance of authority to third parties.

See also: Außenwirkung, Außenwirkung in contract law, Prokura, Vollmacht, Vertretung.