The requirement for consequence removal is a requirement concerning customary law recognized in the German right for the re-establishment of a condition after a public interference.

Legal basis

The normative dogma tables derivation is disputed. Partly is represented that it from the status negativus the fundamental rights am derived, on the other hand one also of similar use of "§ 1004 civil law book is spoken. Again different see here the basis in the regularity of the administration according to kind 20 exp. 3 GG.

Forms

Regarding the attacked administrative action spoken of a requirement for execution consequence removal, if the consequences (illegal) of a act of administration are to be cancelled again, the general requirement for consequence removal is then applied to the remaining administrative acting (usually material document). Since both must fulfill the same conditions, the conceptual distinction is redundant.

Conditions

A condition is a sovereign (thus by an administrative authority or by a Beliehenen) interference into a subjective right in such a way specified (like e.g. a fundamental right The illegal condition created thereby must still persist. The administrative acting (whether as administrative or material act) does not have to be compellingly illegal in today predominantly represented opinion. It depends on the illegal condition. If the citizen must bear the consequences administrative acting, then acting of the authority is not illegal.

Legal consequences

The range of the legal consequences of the requirement for consequence removal limits itself to the re-establishment (restitution) of the earlier condition (status quo ante in Natura). , Remuneration or payment of damages is partly represented cannot not be required. If the consequences in actual or legal view cannot be eliminated, then the requirement for consequence removal is impossible. The indebtedness and contributory negligence regulations of the civil right are used after the iurisdiction similar.

Articles in category "Requirement for consequence removal"

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