Time limit

The deadline is called a period, enter a specific event within or after or a certain action to be taken. The time the deadline expires is generally referred to as the date. When exceeding the deadline is talk of a Verfristung. Meeting scheduled for filing a complaint or inquiry period is called the period for bringing proceedings.

The period as a time limit

Deadlines determine time limits for individual rights and their enforcement. They occur in all areas of law and can be designed in different ways. At their compliance or failure to comply with the legislature attaches various legal consequences.

In many legal matters run for this reason, time limits, their neglect may redound to the detriment of the individual. This limits may begin legally effective and end without a person of the running time was even aware of.

For Private Law, § § 186-193 of the Civil Code contains general rules on time limits that apply force reference in many other areas of law. Numerous standards of civil law presuppose a deadline. Especially with enforcement of damages in lieu of performance ( § 280 para 1 and 3 BGB) at " not or not rendered as owed " under § 281 BGB is a deadline needed regularly. But even before a possible withdrawal according to § 323 para 1 BGB it basically needs a deadline.

For private contracts, for example, time limits for the exercise of rights under private insurance and notice periods.

In law, the term has a special meaning in the judicial and administrative procedures, and the statute of limitations law. Deadlines can be observed by law, under contract or as a result of administrative or judicial statement. A distinction between the forfeiture (also: Expiry date, Präklusionsfrist ) and limitation periods.

Examples of terms are reporting requirements of all kinds (especially the Reporting of transfer of residence ), deadlines for submission of the tax advice of an appeal or an appeal, as well as deadlines for realizing the rights of social security.

Deadlines in the law and in laws

Actual time

As a ' real time ' (or ' judicial deadline ' ) is called in procedural law a period of time granted by the court of a party or multiple parties, within which they can take any action or to prepare for appointments or need.

Improper period

In contrast, an improper term (or ' statutory period ') is a named in a law period, within which a court has to make an official act, or after which the action is considered to be made.

Exclusion period

A limitation period is present if an individual right (claim, design rights ) or an appeal must be made within this time limit. It is characteristic of a limitation period, that the existence of the underlying right depends on the assertion by the deadline. The claim expires at the end of the period. In contrast to the provisions of the statute of limitations is in an exclusion period for an objection and not a plea. Re-establishment of rights is after all prevailing opinion is not considered, as defined in § 32 para 5 Administrative Procedures Act reinstatement is excluded in the previous state, if other legislation prohibit this. The respective issuing peremptory legislation (eg § 2 para 1 sentence 2 JVEG ) are considered for the purposes of this rule, the re-establishment of conflicting legislation.

Calculation of time

The calculation rules ( beginning of the period, deadline ) are found in Germany in § § 186 ff BGB, which are directly applicable only to the civil law. Other areas of law, such as the Civil Procedure Law § 222 ZPO or in the administrative procedure law in § 31 of the Administrative Procedure Act, refer for the sake of unity for the most part on those rules. The limitation periods are at the respective verfristungsfähigen rights or remedies themselves placed (eg, § 121, § 124 BGB for contesting, § 70 Code of Administrative Procedure of the opposition proceedings, etc.).

Natural and Zivilkomputation

In calculating the periods are divided into Naturalkomputation and Zivilkomputation. The Naturalkomputation over to the concrete moment from (a certain time) the starting day. The advantage of Naturalkomputation is their accuracy, their disadvantage is the complicated handling. The Zivilkomputation calculated only after days. This raises the question whether the day that the item falls within the prescribed period triggering event, be counted or not. Roman law was guided by the idea of MFN. The midnight of the next day was decisive for the calculation of time limits when threatened loss of rights ( dies a quo non computatur ). Kam, however, a right acquisition into account was taken of midnight of the same day. The age of majority or the testamentary capacity was therefore awarded under circumstances quite a few hours before reaching the actual age limit as of right.

Event dates and start dates

The Civil Code provides for days, weeks, months or years certain deadlines interpretation rules ( § 186 BGB ) are available. For certain periods after hours they can not be used. According to § 187 para 1 BGB on the following day is the beginning of the period zero clock turn off (event period ) when the beginning of a period, an event (such as the notification of a decision, dismissal, etc.) or in the course one day falling time is decisive. The deadline concerning is counted in a particular days shall be the last day. The period ends on the expiry of the last day ( § 188 para 1 BGB). When deadlines are determined by weeks, months and years, ends with the end of the ( last ) week, the (last) month or (last) year, which corresponds to its name or number as the day of the deadline triggering event.

Does the deadline falls on a Saturday, Sunday or legal holiday, the deadline is extended to the next working day ( § 193 BGB). To determine whether a day is a (local ) public holiday, the place of residence of the recipient and not the sender is authoritative. The shift is based precisely on the fact that on a holiday delivery may not be possible - this issue arises only for the addressee.

However, if the beginning of the day the law applicable to the calculation of the deadline date, the day is in the calculation of the time limit under § 187 paragraph 2 sentence 1 BGB counting ( beginning of period).

The same applies to the calculation of age ( § 187 paragraph 2 sentence 2 BGB). The days are counted Even with a deadline at the beginning of a period determination by day. The period ends at 24 clock of the last day of the period. In period provisions in weeks, months, years, the deadline by 24 clock of that day expires, which is prior to the day of the (last) week, the (last) month or the (last) year, after his appointment or his number as the day corresponds, on which the period has started.

No rule of interpretation contains the BGB for the determination of a period after the last day ( " the deadline is until March 3 "). This must be based on the use of languages ​​of the regions. According to the prevailing opinion is in Bavaria, the deadline on March 2 24 clock end, in other Germany on March 3, 24 clock. In Bavaria, they say, when you think the deadline of March 3, 24 clock, instead of " until March 3, " "with the 3 March ."

Limitation periods

After the expiry of a limitation period the debtor of a claim is entitled to a permanent defense to the claim, which entitled him to refuse the service to the creditor (right -inflammatory called " peremptory " because persistent objection ). It is characteristic of the limitation periods that the debtor must rely on the deadline, evidence as to the conditions for the deadline factual basis and the deadline only inhibits the claim of the creditor and not destroyed. The deadlines for the statute of limitations, the beginning of terms, its suspension and interruption are regulated in § § 203 et seq. Assigns the law does not expressly a statute of limitations on such a deadline is given.