konkludent

Konkludent is a legal term used in several European civil-law jurisdictions to describe a form of consent or agreement that is inferred from a person’s conduct rather than from explicit statements. The word originates in the sense of concluding an agreement through actions, and it is widely used in Germanic languages to denote tacit or implied declarations of intent.

In contract law, a konkludente Willenserklärung (tacit declaration of intent) arises when a person’s behavior creates a binding obligation without a formal offer or explicit acceptance. Examples include entering a shop and proceeding to take goods to the checkout, boarding a taxi or using a service after being informed of the price, or continuing to use a service after a trial period. The key element is that the conduct would be understood by a reasonable observer as assent to the terms.

The concept is distinguished from explicit consent, which is communicated in writing or verbally. However, not all conduct suffices; the circumstances must make the intention to enter into a contract plausible and the other party must reasonably rely on that conduct as acceptance. There may also be statutory or customary limits specifying when conduct can or cannot amount to a binding agreement.

Usage and scope vary by jurisdiction. It is well established in German-language practice as konkludentes Handeln or konkludente Willenserklärung and is described similarly in Danish and Norwegian civil law. In English-speaking contexts, comparable ideas are described as implied contracts or tacit consent.