Limitation

Definition and legal basis:

The statute of limitations is a legal institution that limits the period within which a claim can be enforced in court. Once the limitation period has expired, the debtor can refuse performance (plea of limitation). The legal basis of the statute of limitations can be found in Sections 194-218 of the German Civil Code (BGB). The purpose of the statute of limitations is to create legal peace and legal certainty and to protect the debtor from unlimited claims.

Limitation periods:

The German Civil Code (BGB) has various limitation periods: 1. standard limitation period (Section 195 BGB):
3 years, beginning at the end of the year in which the claim arose and the creditor became aware of it. 2. maximum limitation period (Section 199 (3), (4) BGB):
10 years regardless of knowledge or grossly negligent ignorance, 30 years in the case of personal injury. 3. special limitation periods:
– claims for defects in the purchase (§ 438 BGB): 2 years, for buildings 5 years
– claims for defects in the contract for work and services (§ 634a BGB): 2 years, for buildings 5 years
– claims under tenancy law (§ 548 BGB): 6 months

Start of the limitation period:

The start of the limitation period is regulated in Section 199 BGB: 1. Origin of the claim
2. Knowledge or grossly negligent ignorance on the part of the creditor of the circumstances giving rise to the claim
3. In the case of the regular limitation period: end of the year in which the above conditions are met

Suspension and recommencement of the limitation period:

The limitation period can be suspended or restarted: 1. suspension (Sections 203-213 BGB):
– Through negotiations
– Through legal action
– In cases of force majeure 2. restart (Section 212 BGB):
– Through acknowledgement by the debtor
– Through enforcement actions

Effect of the statute of limitations:

The limitation period has the following consequences: 1. objection by the debtor (Section 214 BGB):
The debtor may refuse performance. 2. no automatic effect:
The limitation period must be asserted by the debtor. 3. performance despite limitation period:
Performance on a time-barred claim cannot be reclaimed. 4. effects on security rights:
Accessory securities (e.g. surety) expire with the limitation period of the main claim.

Special features and practical aspects:

1. limitation agreements:
The parties can contractually modify the limitation period, but with restrictions (Section 202 BGB). 2. waiver of the statute of limitations:
The debtor can waive the defense of the statute of limitations. 3. limitation period in court:
The limitation period must be explicitly asserted in court. 4. limitation period and set-off:
A set-off is also possible with a time-barred claim if it arose before the limitation period expired.

Differentiation from other legal institutions:

The statute of limitations must be distinguished from related concepts: 1. forfeiture:
Based on the principle of good faith, not on statutory time limits. 2. preclusion periods:
Lead to the expiry of the claim, not just to a defense. 3. preclusion:
Exclusion of objections in court, no substantive legal effect.

Practical significance and design options:

The limitation period plays an important role in practice: 1. Deadline control:
Professional deadline management to avoid the limitation of claims. 2. contract drafting:
Adjustment of limitation periods within the scope of legal possibilities. 3. suspension of the statute of limitations:
Strategic use of suspension facts to extend the limitation period. 4. litigation:
Consideration of the limitation period in judicial and extrajudicial proceedings.

Current developments and case law:

The case law on limitation periods is constantly evolving: 1. digitalization:
New issues in the context of electronic communication and digital claims. 2. international aspects:
Treatment of limitation periods in cross-border legal relationships. 3. consumer protection:
Tendency towards increased protection of consumers in limitation issues. 4. mass proceedings:
Special challenges regarding the statute of limitations in cases with many affected parties (e.g. diesel scandal).

Summary and outlook:

The statute of limitations is a fundamental legal institution that creates legal certainty and promotes legal peace. Its correct handling requires precise knowledge of the statutory regulations and current case law. In an increasingly complex and globalized legal landscape, the effective management of limitation periods continues to gain in importance. At the same time, issues of reasonableness and the balance of interests between creditor and debtor remain relevant, particularly in cases with long latency periods or where damages are difficult to identify. Future developments will probably be aimed at further differentiating and adapting the statute of limitations regulations to specific case constellations and new technological developments.