Term and Definition of Blank Form
The term “Blankett” (plural: Blankette; derived from the French “blanchette,” meaning “little note,” “form,” from “blanc” = “white,” “blank”) refers in law to a text, a statute, a document, or a declaration that provides for necessary details or substantive content, but at the time of its initial creation is not yet completed or filled out. The blank form is therefore only completed later by filling in or supplementing it with the required specific information, thereby gaining its practical or legal effectiveness.
This fundamental openness at the time of first issuance or formulation distinguishes a blank form from fully completed legal documents or norms. In German law, the term is used in various ways; its exact meaning varies depending on the legal context, for example in the legislative process, criminal law, contract law, or administration.
Blank Form in the Legislative Process
Blanket Law
A classic application is the so-called “Blanket Law.” This refers to a legislative provision that is, in itself, not or only partially applicable, in which the substantive regulations or elements of the legal definition are wholly or partly missing and are filled in only by subordinate legal norms or executive regulations.
Blanket laws are often enacted in order to be able to react flexibly to future circumstances or to establish details of a norm at a sub-statutory level (e.g., through ordinances or administrative regulations) afterwards. The actual regulatory content therefore only arises through these supplementary provisions.
Example: The German Medicines Act (§ 6 AMG) contains numerous references to regulations, so that the details are only governed in statutory ordinances and the wording of the law in parts exhibits a blank form structure.
Constitutional Requirements
Blanket laws and blank form provisions are subject to certain constitutional requirements. According to the principle of the reservation of law and the so-called principle of certainty (Art. 20 para. 3 GG), a law must itself lay down the essential substantive guidelines for legal application as far as possible (“principle of materiality”). The legislator may not delegate essential decisions entirely to the administration or the executive. Provisions that are purely open-ended without substantive content are therefore generally inadmissible.
Blank Form in Criminal Law
Blanket Criminal Offense
In criminal law, a “blanket criminal offense” refers to an offense that is defined in the criminal norm itself only in a rudimentary or general way, and for the complete definition of criminal liability, refers to regulations outside the norm. Only through the combination with these outside provisions is the criminal offense specified and conclusively defined.
A classic example is found in § 323a para. 1 StGB (“complete intoxication”): The criminal norm refers to other provisions that must be inserted like blank forms to complete the offense.
Types of Blanket Criminal Offenses:
- Unnamed Blanket Criminal Offense: Refers generally to another provision (e.g., “whoever commits an act that… is prohibited”).
- Named Blanket Criminal Offense: Refers to a specifically identifiable provision, usually named in the same law.
Blanket criminal offenses are designed to cover a wide range of possible actions by broadly defining the scope of punishable conduct. However, they require a high degree of clarity in order to satisfy the principle of certainty under § 1 StGB and Art. 103 para. 2 GG (nulla poena sine lege).
Systematic Importance and Criticism
Blanket criminal offenses enable a flexible, cross-norm sanctioning system, but are frequently criticized because they are difficult for citizens to understand and mediate between different levels of norms. Critics see in this a threat to the principle of legitimate expectations and the principle of clarity of norms.
Blank Form in Contract Law
Blank Form as Contract Document
In contract practice, a blank form is a contract template that is basically already prepared but still open on certain points. The essential contract terms or personal details are only filled in at a later time, for example in loan agreements, rental agreements, or suretyship declarations. Here, the blank form serves as the template, which is then customized to the individual case.
Legal Effects:
A completed and signed blank form becomes, provided there are no defects of form or impermissible changes, a binding declaration of intent or a legally effective contract. The use of blank form contract documents facilitates contract processing, but carries risks if sensitive areas (e.g., amount, contract term) are left open or subsequently filled in abusively.
Blank Form in Administration
Blank form procedures are also used in administrative practice, especially in connection with forms and official templates that only become effective after being individually completed. Here, the term blank form often refers to prepared templates that, by entering personal or factual data, are linked to a specific legal consequence, for example in applications or approvals.
Blank Form in Document Law
In document law, for example with bank checks, bills of exchange, or transfer forms, blank forms are considered templates that only gain their full legal significance once signed, with the amount and further details filled in. In case of misuse of incorrectly completed blank forms, this is referred to as blank form fraud.
Distinctions and Related Terms
The concept of a blank form must be distinguished from other, related legal phenomena:
- Form: A form often contains significantly more mandatory details and, as a template, must be filled out more completely.
- Framework Law: While a framework law contains a certain substantive core, the blank form is completely open.
- Reference: A simple reference to other provisions or contract parts differs by the absence of an open item to be filled in.
Summary and Significance
The legal construct of the blank form makes it possible not to define laws, contracts, or documents conclusively, but to meet a multitude of individual cases by subsequent completion or specification. At the same time, the blank form’s character achieves flexibility, practicality, and adaptability in law. However, the use and design of blank forms must meet certain substantive and formal requirements in order not to conflict with the principles of certainty, clarity of norms, and legal certainty.
Literature:
- Dieter Medicus, Allgemeiner Teil des BGB. 11th edition, Vahlen 2016.
- Helmuth Schulze-Fielitz (ed.), Blankett und Rahmengesetze, in: Maunz/Dürig, Grundgesetz Kommentar, Art. 80 marginal numbers 1 et seq.
- Heinrich Dörner (ed.), Handwörterbuch zur deutschen Rechtsgeschichte (HRG), Article: Blankett.
Frequently Asked Questions
When is a blank form typically used in German law?
A blank form is encountered in German law primarily in connection with documents, especially with securities such as bills of exchange, checks, or promissory notes. In these cases, it is a writing that contains the essential characteristics of a document but is not yet fully completed. The legal peculiarity lies in the fact that the issuer or another authorized person has the right to subsequently enter the missing details. Blank forms are often used to respond more flexibly to future developments or to simplify administrative processes. Subsequent completion requires that an authorization to fill in exists – either expressly or implicitly. In the law of negotiable instruments, the use of blank forms is explicitly regulated, whereby the blank signature is considered a binding commitment as soon as the missing components are added in accordance with the agreement reached.
What are the legal risks in the use of blank forms?
The use of blank forms involves significant risks, particularly with regard to the risk of completion and the possibility of abusive additions. The central problem is that a person who is in possession of a blank form can sometimes fully complete it without authorization and derive claims from it. Under the law of obligations and securities law, the following generally applies: If a blank form is completed contrary to the authorization granted, the document remains valid in relation to bona fide third parties (such as the holder of a bill); in the internal relationship between the issuer and the person authorized to complete it, however, this may give rise to claims for damages. The risk that third parties will rely on the correctness and completeness of a document basically lies with the issuer, provided he has handed over the blank form.
What legal requirements must be met for the valid use of a blank form?
For the legally valid use of a blank form, a valid authorization to complete is primarily required. Such authorization may be granted expressly, for example in a contract, or implicitly, for example through implied conduct. In addition, the blank form must at least contain the essential elements that are legally required for the respective document or security, such as the issuer’s signature. If securities are issued, the formal requirements of the applicable special law, such as the Bills of Exchange Act or the Cheques Act, must be satisfied. If there is no authorization to complete, or if completion is carried out contrary to agreements made, this may affect the civil law validity of the document and lead to liability towards the injured issuer.
How does the burden of proof work in legal disputes over the abusive completion of a blank form?
In the event of legal proceedings, it is generally the responsibility of the person relying on misuse of a blank document—e.g., the original issuer—to prove that the document was completed contrary to the agreed authorization. This is often difficult, as externally the fully completed document applies for third parties and the original agreements and arrangements remain in the background. Courts will rely on all available evidence, including witnesses, private written contracts, or circumstantial evidence, to determine whether there has been an overstepping of the authorization to complete. In commercial and securities law, particular protection is given to bona fide purchasers.
What role does authorization to complete play in relation to blank forms?
Authorization to complete is the central element in the legal handling of blank forms. It regulates which person may enter which details, with what substantive scope, into the as yet incomplete document. The authorization to complete may be individually structured, both in terms of scope and with respect to the timeframe and the contents to be filled in. It establishes a legal obligation which, in the event of culpable exceedance, can lead to claims for damages by the issuer or beneficiary against the person authorized to complete. Without authorization to complete, the subsequently completed document is usually considered invalid in the internal relationship.
When is the use of a blank form inadmissible or void?
The use of a blank form is inadmissible or void if it violates mandatory statutory provisions or if the formal requirements for certain documents are not met. For example, blank forms may not be used for the purpose of deception in legal transactions—if fraud is proven, the entire legal transaction is void (§ 138 BGB). Likewise, handing over a blank form without any arrangement about how it is to be completed is problematic and may lead to (partial) invalidity if it grossly distorts the issuer’s intention. Certain legal acts, such as notarization, generally do not allow the use of blank forms and always require a final and complete formulation of the document.
