rechtsgeschäftlich

Rechtsgeschäftlich refers to actions or legal transactions that are undertaken with the intention of creating, altering, or terminating legal rights and obligations. In essence, it describes the realm of voluntary legal acts that are recognized and enforced by law. This concept is central to many legal systems, particularly those influenced by civil law traditions.

A rechtsgeschäftlich act requires a declaration of will (Willenserklärung) from one or more parties. This declaration must be directed towards achieving a specific legal outcome. For example, entering into a contract, making a will, or issuing a power of attorney are all rechtsgeschäftlich acts. The law provides a framework for these declarations, outlining their validity, interpretation, and the consequences of their performance or non-performance.

The key characteristic of a rechtsgeschäftlich act is its voluntary nature and the intent to produce legal effects. This distinguishes it from factual acts, which may have legal consequences but are not primarily undertaken with that intention. For instance, causing an accident is a factual act, while forgiving a debt is a rechtsgeschäftlich act. Understanding the distinction is crucial for navigating legal obligations and rights. The validity of a rechtsgeschäftlich act can depend on various factors, including the legal capacity of the parties involved, the legality of the object of the transaction, and adherence to any prescribed formal requirements.