The term “implication” in the legal context
Significance of implication in legal affairs
The term “implication” has a specific relevance in the field of law, particularly in the context of interpreting and validating legal acts, such as in contract law and inheritance law. Implication describes the indirect or implicit appearance of an intention, a provision, or a legal consequence within a legally binding declaration or document, without it being expressly stated or set down in writing.
Implications are especially significant in cases where the wording of a legally binding declaration is open to interpretation, and an “implication” can provide clues regarding the parties’ actual intentions.
The theory of implication: Origin and development
Origin of the theory of implication
The theory of implication is primarily established in German civil law in connection with the interpretation of testamentary dispositions and Section 133 of the German Civil Code (BGB). According to this theory, when interpreting a declaration of intent, it must be examined whether the actual intent is evident at least by implication in the text of the document.
This approach aims, on the one hand, to protect the security of the document and legal transactions, and on the other hand, to give effect to the presumed intent of the declarant.
Significance in legal doctrine
The theory of implication ensures that an interpretation that contradicts the document’s wording cannot be based solely on an alleged but not even implicitly referenced understanding of the parties. It serves as the link between formal legal acts and the principles of determining intent. Legal scholarship uses the concept of implication in particular to balance strict formal requirements and the protection of the actual will.
Implication in inheritance law
Application in Section 2084 BGB: Interpretation of wills
In inheritance law, the concept of implication is particularly significant when interpreting testamentary dispositions, as regulated in Section 2084 BGB. Here, it is decisive that the true intent of the testator may be considered to determine the heir appointment if this intent is expressed in the will, at least by way of implication.
Case law requires that the idea or provision used for interpretation must at least be imperfectly expressed in the will. Pure conjecture, which is not reflected in the document’s text, does not meet the formal requirements of inheritance law.Example: If a familial relationship is implied in a will without naming the heir explicitly, it may still be possible to deduce the intended person from the circumstances if the implication is sufficient.
Easing the burden of proof and limitations
Implication in a will also serves as a safeguard to prevent circumvention of formal testamentary requirements. Nonetheless, according to prevailing opinion, interpretation may also rely on content that is not explicit but is indirectly (“by implication”) recognizable in the text or through a clear reference.
However, the courts stress that the core of the disposition must at least be implied in the document. This allows for a flexible, yet form-based application of the law adapted to the security requirements of legal transactions.
Implication in contract law
Interpretation of contracts
Implication is also applied in contract law, for example in supplemental contract interpretation or when determining the validity of collateral agreements. Here, it is required that the content or scope of a collateral agreement must at least be implied in the contract document or corresponding declaration of intent.
The theory of implication therefore prevents subsequent assertions from being enforced if they were neither set down in writing nor implied in the contract text or the context of the contract formation. This serves to protect contractual certainty and prevents subsequent manipulation.
Case law on implication
Decisions of the Federal Court of Justice
The Federal Court of Justice (BGH) has underlined the requirement for implication in numerous decisions, both with regard to the interpretation of testamentary dispositions and contracts. The crucial point is that the actual intention of the declarant must not be determined arbitrarily but must remain tied to the document text.
Especially in inheritance law, the BGH has clarified that interpretation content that is not implied in the document may not be used to amend a testamentary disposition.
European perspectives
In contrast to the German theory of implication, other European legal systems, such as Anglo-American law, apply different requirements regarding written form and implication. Nevertheless, German practice consistently emphasizes safeguarding the form while at the same time acknowledging the parties’ intent.
Conclusion: Function and limitations of implication
Implication serves to bridge legal certainty ensured by formal requirements with flexibility in interpreting declarations of intent. It ensures in both inheritance law and contract law that the actual intention can be considered without undermining essential formal requirements. The criteria for implication are strict and must be evaluated based on the document text as well as the overall context.
Thus, implication forms an indispensable component of German legal interpretation, protecting both reliance on outward form and the true intentions of the parties or testator.
Frequently asked questions
When is an implication legally relevant?
In a legal context, an implication becomes relevant when it plays a role in the interpretation of declarations of intent or contracts. Particularly in civil law, and more precisely in the context of contract interpretation (Sections 133, 157 BGB), it is examined whether a specific element (such as a contract component not expressly mentioned) is at least implied, that is, present to some extent in the document text. The so-called implication rule in Section 133 BGB stipulates that what was understood as intended by the parties must be reflected in some form in the contract document. Legally, this is especially relevant for supplementary contract interpretation and notarial deeds to provide enhanced protection against unnoticed content changes. Mere assumptions do not suffice—there must be objective indications that what is implied was truly intended to be part of the agreement. Thus, implication determines whether hidden or ambiguously formulated intentions may be considered in legal disputes.
Does implication play a role in the interpretation of wills?
Yes, the rule of implication plays a central role in inheritance law, particularly when interpreting wills. According to Section 2084 BGB (“Interpretation of the will”), the true intention of the testator should be determined. For this, the courts rely on the implication rule: Provisions not expressly declared but at least implied in the will can be considered, provided the testator’s will cannot otherwise be implemented meaningfully. For a formal individual will, the case law requires that the interpretation does not obviously extend beyond what can be inferred from the declaration. Indications may include wording, designations of recipients, or additional remarks whose meaning becomes clear only in context. The focus is on an interpretation as close to the wording as possible to avoid circumventing formal requirements.
What is the significance of implication in notarized deeds?
In notarized contracts, implication is especially significant since the formal document should reflect the entire intent of the parties. According to the strict formal case law of the Federal Court of Justice, it suffices for the validity of so-called collateral agreements or tacit arrangements that they are at least implied in the document. If there is no implication, they are not binding, as the form requirements of Section 311b BGB or Section 128 BGB would not be met. This practice serves legal certainty and protects contract parties from surprises by ensuring that only matters discussed before the notary, or at least evidently addressed in the deed, become part of the contract.
What role does the implication rule play in employment law?
In employment law, the implication rule is mainly applied in interpreting employment contracts. If uncertainties about specific contract clauses arise, courts examine whether certain conditions or agreements are at least implied in the contract text. This mainly concerns implied agreements—that is, those not expressly stated but indicated by conduct or language. For the effectiveness and enforceability of employment contract provisions, a verifiable implication is decisive. This is particularly relevant for arrangements like exclusion periods or subsequently included collateral agreements, which must at least be reflected to some extent in the contract to be considered in disputes.
How is an implication distinguished from a mere assumption in law?
An implication requires objectively measurable indications in the contract text or document. A mere assumption, on the other hand, is based solely on presumptions or conjectures about the parties’ intentions or actions and does not satisfy the formal requirements of the implication rule. While assumptions may play a role in supplementary contract interpretation, the implication rule requires that an element is in fact touched upon in the text. Legally, an indirect reference suffices; a precise formulation is not strictly necessary. What matters is that an impartial third party, from the parties’ perspective, can recognize that the intended contractual content appears at least implicitly in the document.
Can subsequently alleged agreements be proven by implication?
Subsequently alleged but previously undocumented understandings can only be considered under the implication rule if corresponding indications can be found at least to some degree in the original document. Without such evidence, the formal restriction to the document text or the written declaration remains. The burden of proof for implication generally lies with the person relying on the agreement. Only in the case of clearly documented or witness-supported implications is there a chance of recognition. Thus, the courts protect the integrity and evidentiary value of documents and contracts; mere later allegations are usually insufficient for consideration.
