Actus primus

The Latin phrase actus contrarius ( contrary Akt / opposite action) is of lawyers in the Actus contrarius theory ( Gegenaktstheorie ) is used. This theorem ( it is not a true theory ) states that the same is true for the legal treatment of a certain act in general, as for his ( explicitly controlled ) opposite. This applies only if the specific arrangements for the act in question do not exist.

The Actus contrarius theory plays a role, particularly in public law for the jurisdiction of authorities and courts. For example, is the jurisdiction of a court in an action against an administrative act, the responsibility is also given when the administrative act is revoked by the authority ( and the plaintiff turns against this ). The withdrawal is also to be considered as an administrative act. When an authority responsible for issuing an administrative act, this also applies to the repeal thereof.

The act will be used for comparison as actus primus (Latin, about: Ausgangsakt ) refers.

28098
de