(1) A defective administrative act may be converted into another administrative act where it is directed at the same aim, could lawfully have been issued by the issuing authority in the procedure and form that occurred, and where the conditions for its issuing are met.
(2) Subsection (1) does not apply where the administrative act into which the defective administrative act would be converted would conflict with the recognisable intention of the issuing authority, or where its legal consequences for the person concerned would be more unfavourable than those of the defective administrative act. Conversion is further inadmissible where the defective administrative act could not be withdrawn.
(3) A decision that can be issued only as a legally bound decision may not be converted into a discretionary decision.
(4) Section 24 applies correspondingly.
Home› Civil Procedure & Administrative Law› SGB X (English)
Part 1 · Administrative Procedure › Title 2 · Finality of the Administrative Act › Section 43
Conversion of a defective administrative act
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