Term ‘final’ in legal practice
Definition and Meaning
The term final derives from the Latin ‘finalis’, which means ‘related to the end’ or ‘definitive’. In legal scholarship, ‘final’ typically denotes a targeted reference or an interpretation focused on the purpose, aim, or consequence of an action. The adjective ‘final’ is used in various areas of law, especially in criminal and civil law, and is increasingly important for distinguishing between different legal elements and terms.
Finality as a Legal Principle
Meaning of Finality
The principle of finality describes in legal doctrine the presence of an act which is specifically aimed at a certain consequence or purpose. The assumption of a final act requires, therefore, that the realization of the action is performed consciously and purposefully through the formation of the actor’s will.
Distinction from Other Terms
In German law, a distinction is made between ‘final’ (purpose-oriented, targeted) and ‘causal’ (causative). While the causality principle only requires that the action causes a certain effect or outcome, the finality principle further demands a deliberate focus on this particular success.
Finality in Criminal Law
Final action theory
A key area of application for the term ‘final’ can be found in criminal law doctrine. The final action theory regards human behavior as a ‘purposeful’ activity that is directed toward a specific outcome. This stands in contrast to the causal action theory, which considers any change in the external world motivated by will as an action.
Significance for the Construction of Offence Elements
Many criminal offences require a final connection between the act and the result. An example is the ‘means-end relationship’ in the murder characteristic of treachery (§ 211 StGB), which requires the targeted use of a means for the purpose of killing. Also, the distinction between attempt and preparation often hinges on the finality of individual actions.
Theft and Robbery
For example, the criminal offence of theft (§ 242 StGB) requires that the taking of an object is carried out with the ‘final intent’ to unlawfully appropriate the item for oneself or a third party. In the case of robbery (§ 249 StGB), the final use of force or threat to enable the taking of an object is an essential prerequisite.
Finality in Civil Law
Purpose-oriented Legal Acts
In civil law, finality is often relevant in relation to declarations of intent within legal transactions. It plays a role in the interpretation of legal transactions, especially regarding the specification of purpose of an act, declaration, or performance (for example, in gifts, declarations of purpose in security transfers of ownership or trust relationships).
Finality in Contract Management without Mandate
A classic application is the so-called ‘objective benefit to another’ within contract management without mandate (§§ 677 ff. BGB). The assumption of a task must be final, i.e., deliberately and intentionally in the interest of another.
Finality in Administrative Law
Binding of Purpose and Principle of Finality
In administrative law, the principle of finality is particularly relevant regarding the binding of state action to legally established purposes. Administrative acts must be final, i.e., directed at the realization of statutory tasks and objectives, which is significant in the interpretation of discretionary provisions or in the so-called reduction of discretion to zero.
Orders for Repayment
The principle of finality is also significant in connection with the binding of public funds to specific purposes (e.g., subsidies or grants): The allocation of funds is regularly made for the achievement of a specific funding purpose; if this is not fulfilled, the repayment order can be based on the lack of achievement of purpose.
Finality in Tax Law
In tax law, the concept of finality is particularly important when it comes to the specification of purpose for expenses and costs for example, in distinguishing between business and private expenses, and in assessing deductible business expenses or advertising costs. Tax consideration of an expense presupposes that it occurs for a final, that is purposeful, reason within the framework of earning income.
Distinction and Classification
Finality vs. Causality
While causal connections are solely characterized by the causality of an act for a result, finality is always about the conscious and willful pursuit of a purpose or outcome. This distinction is crucial for the interpretation and application of numerous legal norms.
Reception of the Concept of Finality
The term ‘final’ has, through the development of German and European law, acquired a multifaceted interpretation. The theory of finality is a solid component of criminal law doctrine and is gaining relevance in other fields of law, such as in the interpretation of purpose specifications and declarations of intent.
Case Law and Literature
Courts regularly refer to the distinction between final and causal connections. Leading decisions by the Federal Court of Justice (BGH) and Federal Constitutional Court (BVerfG) address the necessity for purposeful action and its proof across various areas of law. Building upon scientific contributions, the concept of finality is also discussed in detail in commentary literature and legal scholarship.
Summary
The term ‘final’ is a central legal-scientific term that characterizes the orientation of human actions or state measures towards a goal. Finality is significant in almost all areas of law and serves in particular for the doctrinal differentiation of actions and legal elements. By clearly focusing on the purpose of an action, the concept of finality makes a substantial contribution to the systematics and legally sound application of law.
Frequently Asked Questions
What legal requirements must be observed when preparing a final?
When preparing a final—such as a relevant final thesis or final examination—various legal requirements apply. Key requirements include compliance with copyright, especially when incorporating external content such as quotations and images. Additionally, data protection provisions are relevant whenever personal data is collected, processed, or used in connection with the final. The examination regulations of the respective university or educational institution govern how a final must be prepared; this includes deadlines, formal requirements, plagiarism checks, and rules for the declaration of independence. Furthermore, principles of equal treatment (Art. 3 Basic Law) must be observed, which means non-discrimination rules must be adhered to. For online examinations, there are also IT security law aspects and the requirement to ensure technical accessibility.
What statutory consequences are there for plagiarism in the final?
Submitting a final that contains plagiarism can entail serious legal consequences. In university law, proven plagiarism usually leads to the revocation of the examination result (§ 14 Higher Education Framework Act, examination regulations), with the result that the final is considered failed. In serious cases, expulsion proceedings may be initiated. Furthermore, depending on the gravity and intent to deceive, plagiarism may be treated as an administrative offence or criminal offence (§ 263 StGB, fraud) if third parties suffer damage as a result. Civil claims (warning letters, damages) may also be asserted by the author of the plagiarized work.
What role does data protection play in the final?
Data protection is particularly relevant when preparing and submitting a final if personal data of third parties is used or evaluated. Under the General Data Protection Regulation (GDPR), personal data may only be processed if there is a legal basis (especially consent or a legitimate interest). The processing must be limited to what is necessary (data minimization). If work is published or archived, the right to informational self-determination of those affected must also be observed. Universities and examination offices must take technical and organizational measures in accordance with Art. 32 GDPR to prevent unauthorized access.
Is publication of the final legally permitted?
The publication of a final usually requires a separate review and the consent of all authors, contributors, and any third parties whose personal data or confidential information is included. Under German copyright law, the right of publication lies with the author (§ 12 UrhG). However, specific agreements may exist, especially with the client or university (e.g. for industry collaborations, or third parties as exam subjects) that restrict or prohibit publication. The protection of third-party business and trade secrets (§§ 2, 6 GeschGehG) must also be observed.
What rights do students have in relation to their final?
Students usually acquire copyright over their final work by producing it independently, provided it is a personal intellectual creation (§ 2 UrhG). They therefore have the right to recognition of authorship, reproduction, distribution, exhibition, and public performance. However, examination regulations may stipulate that simple rights of use transfer to the university, such as for archiving or publication in a library. Contractual agreements with third parties, such as for practical projects, may further limit rights.
What deadlines and formal requirements are legally binding?
Deadlines for registration, processing, and submission of the final are set out in the examination regulations of the respective educational institution and are legally binding. Failure to comply may result in failing, rejection, or invalidation of the examination result. Formal requirements include layout, scope, citation style, and method of submission (physical or digital). Formal errors can lead to revocation or requests for correction. Extensions are only possible in exceptional cases and with good cause, such as illness (proven by a doctor’s note). Some examination regulations explicitly require a declaration of independence with a signature.
What legal options exist in the event of a dispute regarding the assessment of the final?
If a dispute arises regarding the assessment of a final, those affected can first lodge formal legal remedies within the university (e.g. objection, remonstration). The relevant procedural rules are set out in the examination regulations. If no satisfactory decision is reached, legal action can be taken through the administrative courts (action before an administrative court). The basis for this lies in the Higher Education Act of the respective federal state and the Code of Administrative Court Procedure (§ 42 VwGO). It is important to observe the deadlines for lodging objections and initiating legal proceedings. In cases of serious grading errors or breaches of equal opportunity, assessments can be overturned or reassessed.
