Abstract
The text discusses the concept of finality in German law. The purpose of finality is to provide clarity to parties about their legal relationships and, possibly, with third parties. This aims to avoid uncertainties regarding their rights and obligations and ensures that judicial decisions cannot be altered. Adhering to finality also protects the judiciary from unnecessary efforts by preventing the reconsideration of already settled legal disputes. In practice, the principle of finality raises questions, especially regarding its definition and the resulting consequences. The possibility of breaking finality in German law exists in a few cases due to both legal provisions and considerations of case-law and scholarship. Departing from the concept of finality of judicial decisions is possible only in exceptional cases. Although such exceptions may enhance individual justice, they impact the crucial principle of legal certainty and should therefore be considered in very few cases.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
