sachgrund

Sachgrund refers to a legally recognized reason or justification for a particular action or decision, particularly in German law. The concept is crucial in various legal contexts, including employment law and property law. It signifies that an action is not arbitrary but is based on objective criteria or circumstances that warrant the action.

In employment law, for instance, a sachgrund is required for fixed-term employment contracts in Germany to be validly concluded without the possibility of indefinite extension. Without a sachgrund, a fixed-term contract might be deemed a permanent employment relationship. Examples of sachgründe include parental leave replacement, seasonal work, or the initial phase of a startup. The burden of proving the existence of a sachgrund typically lies with the employer.

Similarly, in property law, a sachgrund can be relevant when considering certain restrictions or rights related to real estate. It ensures that any limitations or acquisitions are not made capriciously but are founded on legitimate grounds that can be objectively assessed. The underlying principle is to provide a legal basis and transparency for actions that could significantly impact individuals' rights or obligations.