sittenwidrig

Sittenwidrig is a German legal term used to describe conduct, contracts, or content that is considered to violate public morals or the accepted norms of a society. The concept rests on the idea of the “guten Sitten” (good morals) and is evaluated in relation to the time and context in which a matter occurs. Sittenwidrigkeit is not a fixed list but a normative standard that courts interpret case by case.

In German civil law, the term plays a central role as a ground for invalidity or non-enforceability of legal transactions. The most well-known formulation appears in the civil code, where a Rechtsgeschäft that “verstößt gegen die guten Sitten” can be voided. The assessment considers the nature of the agreement, the circumstances under which it was formed, and the attitudes of a reasonable business and moral standard. Typical situations cited include exploitation, coercion, fraud, or other arrangements that offend basic notions of fairness and decency.

Sittenwidrigkeit is distinct from mere illegality in the sense of violating specific statutes; it targets the moral acceptability of the content or manner of a transaction rather than only its compliance with written law. Because the standard of the guten Sitten evolves with society, what is deemed sittenwidrig can change over time and across contexts. The concept serves to curb abusive practices, protect vulnerable parties, and preserve public order in civil relations, while remaining a flexible, jurisprudence-driven criterion.