limitation periods

The early bird catches the worm – Limitation periods

Important birthdays, appointments or wedding anniversaries are often forgotten, which inevitably leads to anger or disappointment, but can be resolved with a loving gesture. However, the situation is different for statutory deadlines, after which your respective rights are definitely forfeited, without any ifs or buts. We have therefore summarised the most important statutory deadlines for you and recommend that you keep an eye on them every time you create an invoice.

3 years

According to §195 of the German Civil Code (BGB), the three-year limitation period applies, which begins at the end of the year in which the claim arose. This period generally applies to all everyday claims, such as payment of the purchase price, rent or wages. It is also referred to as the regular limitation period.

30 years

The regular limitation period of 3 years does not apply to claims based on a title, which is set at 30 years, starting with the date of legal force or the issuance of a corresponding enforceable document. The same applies to claims resulting from an act of infringement against physical integrity, as well as claims after determination in insolvency proceedings.

6 months

The 6-month period is particularly relevant for landlords and lenders, since after this period, claims for compensation due to changes or deterioration of the rental property become time-barred.

5 years

Claims for defects in buildings or defectively installed items only expire after 5 years after delivery or acceptance of the work.

2 years

Claims for defects in a purchased item expire after two years, although this period only begins when the item is handed over. In mail order business in particular, there can often be a long period of time between the invoice being issued and the actual handover. The shipping label can therefore be quite relevant.

Always remember that a reminder letter does not stop your claim from becoming time-barred. If your debtor has persistently refused to pay for a long period of time, keep these deadlines in mind.