Limitation period

from Wikipedia, the free encyclopedia

In German private law (the same applies to Austrian civil law, in Switzerland the corresponding periods are called forfeiture periods ), a period after the expiry of which claims, but also rights (including design rights ) expire or expire , is referred to as the exclusion period , also known as the expiry period or preclusion period . go under, even if the claim has arisen.

Example: A court decision becomes final after the expiry of the preclusive period (1 year) , although the fundamental right to a fair hearing ( Art. 103 GG ) was violated, for example because the decision was not received.

Delimitation of limitation periods

In contrast to limitation periods (see limitation period ), the expiry of which only establishes a right to refuse performance and which therefore only need to be observed after a corresponding objection has been raised , the expiry of preclusive periods leads to the expiry of the claim or the right itself and must be observed ex officio.

Legal bases

Exclusion periods are provided for in various legal regulations (e.g. the period of contestation due to threats or fraudulent deception in accordance with Section 124 BGB ) , but are often agreed in individual contracts.

Limitation periods in labor law

Exclusion periods are particularly widespread in labor law and regularly (because of their relatively short duration of often two to six months) supersede the statutory limitation periods. Almost all collective agreements contain such deadlines.


  • general:
    • Creifelds (founder), Klaus Weber (ed.), Legal dictionary , keyword: preclusion period (refers to keyword "deadline"), 19th edition, Munich 2007, Verlag CH Beck, ISBN 978-3-406-55392-9
  • on German labor law:
    • Thomas Dieterich u. a. (Ed.): Erfurt Commentary on Labor Law , 11th edition, Munich 2010, Publisher: CH Beck, ISBN 978-3-406-60876-6
    • Martin Henssler, Heinz Josef Willemsen, Heinz-Jürgen Kalb: Labor law comment . 2nd Edition. O. Schmidt, Cologne 2006, ISBN 3-504-42658-6 .
    • Wolfdieter Küttner: Personalbuch 2010 , keyword: Exclusion period, 17th edition, Munich 2010, Verlag CH Beck, ISBN 978-3-406-57813-7