rechtskräftig

Rechtskräftig is a German legal term that describes a legal decision, such as a court judgment or an administrative order, which can no longer be challenged through ordinary legal remedies. Once a decision becomes rechtskräftig, it is considered final and binding. This finality is a fundamental principle in legal systems, ensuring legal certainty and preventing endless litigation.

The process of a decision becoming rechtskräftig typically involves the expiration of appeal periods. If a party has the right to appeal a decision and does not exercise that right within the specified timeframe, the decision becomes legally binding. In some cases, even if an appeal is filed, it may be rejected or dismissed, leading to the decision becoming rechtskräftig. The specific rules and timeframes for achieving rechtskräftigkeit vary depending on the type of legal proceeding and the relevant jurisdiction.

A rechtskräftig decision has significant consequences. It establishes the legal rights and obligations of the parties involved. For instance, a rechtskräftig divorce decree legally dissolves a marriage, and a rechtskräftig criminal conviction can lead to the imposition of a sentence. It is generally not possible to reopen a case once a decision is rechtskräftig, except in very limited circumstances, such as the discovery of new, decisive evidence that was not previously available and could not have been discovered through due diligence. This principle of finality, or res judicata, is crucial for the stability and efficiency of the legal system.