ex tunc

Ex tunc ( " from the beginning, from that time on, retroactively " ) is the Latin name for an effect from an earlier date.

An ex tunc effect unfolds for example, a challenge of a contestable transaction under § 142 para 1 BGB, with the result that the transaction is to be regarded as null and void from the beginning. Lawyers identify with the term, an event with retroactive effect, ie an event with the law for the past is changed and therefore voiding, as far as it was already running. The opposite is ex nunc ( " from now on, from now on ").

Examples

If a contract is effectively challenged, the mutually received benefits are to be returned, as if a contract for other reasons from the beginning is void, for instance because the required shape was not observed, or at least one of the parties was not legally capable or competent.

Exceptions

If an employment contract successfully challenged, the nullity of the contract is indeed quite technically ex tunc, but is treated as effectively despite invalidity for the period up to challenge, if the employee has previously worked for the employer, that is, it must be for the still be paid and insured time worked. The challenge of a marriage and its consequences are 1313 et seq BGB explicitly arranged otherwise by special rules in §.

Legislation

Laws, regulations or similar provisions shall not apply retrospectively ( principle of banned retroactive effect) in force. The issue of retroactivity is true, according to the Federal Constitutional Court on a regular basis is that confidence in the stock of existing law disappointed retroactively for current dispositions and thus the fundamental value of the security right is violated.

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