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- The statute of limitations limits the period for the judicial enforcement of claims, regulated in §§ 194-218 BGB.
- The standard limitation period is 3 years, beginning at the end of the year after the claim is recognized.
- Maximum limitation period: 10 years (30 years for personal injury), without taking knowledge into account.
- Claims can be interrupted by suspension or extended by restarting.
- Plea of limitation: Debtor can refuse performance, limitation must be asserted.
- Limitation agreements are possible, but are restricted by BGB regulations.
- Adjustment and management of limitation periods are of crucial importance in practice.
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 BGB recognizes various limitation periods:
1. regular 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 (§ 199 para. 3, 4 BGB):
10 years regardless of knowledge or grossly negligent ignorance, 30 years for personal injury.
3. special limitation periods:
– Claims for defects in the purchase (Section 438 BGB): 2 years, for buildings 5 years
– Claims for defects in the contract for work and services (Section 634a BGB): 2 years, for buildings 5 years
– Claims under tenancy law (Section 548 BGB): 6 months
Start of the limitation period:
The start of the limitation period is regulated in § 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 may be suspended or restarted:
1. suspension (§§ 203-213 BGB):
– Through negotiations
– Through legal action
– In cases of force majeure
2. restart (§ 212 BGB):
– by acknowledgement of the debtor
– by enforcement actions
Effect of the statute of limitations:
The limitation period has the following consequences:
1. objection of the debtor (Section 214 BGB):
The debtor can refuse performance.
2. no automatic effect:
The limitation period must be asserted by the debtor.
3. fulfillment despite the statute of limitations:
A payment on a time-barred claim cannot be reclaimed.
4. effects on security interests:
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 offsetting:
Offsetting is also possible with a time-barred claim if this 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. preclusive periods:
lead to the expiry of the claim, not just to a defense.
3. preclusion:
Exclusion of objections in the process, no substantive legal effect.
Practical significance and design options:
The statute of limitations plays an important role in practice:
1. deadline control:
Professional deadline management to avoid claims becoming time-barred.
2. contract design:
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 statute of limitations in judicial and extrajudicial proceedings.
Current developments and case law:
Case law on the statute of limitations is constantly evolving:
1. digitalization:
New questions in the context of electronic communication and digital demands.
2. international aspects:
Treatment of the statute of limitations in cross-border legal relationships.
3. consumer protection:
Tendency towards increased protection of consumers in matters relating to limitation periods.
4. mass proceedings:
Special challenges with regard to 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.
