rechtsgeschäftlicher

Rechtsgeschäftlicher refers to a concept in German legal terminology, broadly translating to "legal transaction" or "act in law." It describes an action or declaration of will that is intended to create, alter, or terminate a legal relationship. The key characteristic of a rechtsgeschäftlicher act is that its legal effects are not solely determined by the law itself, but by the will of the person performing the act.

Examples of rechtsgeschäftlicher acts include entering into a contract, making a will, or issuing a power of attorney. In contrast, factual acts, such as committing a tort or finding a lost item, have legal consequences imposed by law, regardless of the actor's specific intention regarding those consequences. The distinction is crucial in determining liability and the scope of legal rights and obligations.

The validity of a rechtsgeschäftlicher act depends on several factors, including the legal capacity of the parties involved, the lawfulness of its content, and adherence to any prescribed form requirements, such as written documentation or notarization for certain transactions. Understanding the nature of rechtsgeschäftlicher acts is fundamental to navigating private law and comprehending the basis of many legal relationships in civil law jurisdictions.