ex nunc

Ex nunc (Latin for " from now on, from now on ") is the Latin name for the timing of the effect of a provision or agreement that is still used today as a technical term in legal terminology.

In general, any legal action ex nunc effect. The opposite is denoted by ex tunc.

Operation

Contractual relationships are terminated, for example by a termination agreement or a termination for the future. All previously effected on the basis of the contract services retain their legal basis, since the contract only no longer exists from now on (ex nunc ), possibly after a period of notice. For ex tunc, as a challenge, whereas the exchanged services after enrichment law would have to be granted back because the contract has be failed from the start.

Special case of the de facto contractual relationship

If a contract is ineffective from the outset ( for lack of legal capacity of the parties ), or it shall be treated as (eg because of a reasoned challenge ), a reversal may can have undesirable side effects and pose enormous practical problems. In these cases, the contract is subject to certain conditions, despite initial ineffectiveness as long treated as in effect until the ineffectiveness was recognized and the challenge was pronounced, so that comes to it ( contrary to the wording of the law of § 142 para 1 BGB ) constructive ex nunc effect.

Particularly when successfully contested employment is this exception of high practical relevance.

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