Operative Facts

Abstract

This chapter considers operative facts, which are defined as the complex totality of all facts that can be of relevance to a decision according to scientifically valid law. Among the operative facts, we can distinguish between those which are of specific relevance and those which are merely of conditioning (modifying, excluding) relevance. The former are also called law-creating facts and they are defined as those facts that, as a rule, give reason the specific legal effects. Among these facts are human acts which again should be divided into factual acts and legal acts or dispositions. Both groups are dealt with here. The former group include the act that is contrary to duty (the unlawful act), which is analysed independently. Acts in the latter group are always the effect of a competence. A distinction between public legal acts and private transactions is introduced but the account given is restricted only to private transactions.