Deadline

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A period ( English term ) is a specific or at least a determinable period of time , the before, within or after a specific event are or legal effects can trigger.

General

Deadlines, dates and form are among the most important prerequisites in legal transactions , because their non-compliance or failure leads to the ineffectiveness of legal transactions or certain rights can no longer be asserted. If the deadline is exceeded, there is talk of a time limit . Compliance with deadlines and deadlines is often also necessary for a declaration of intent to be effective . Deadlines determine the time limits for subjective rights - for example legal claims and organizational rights - and their assertion. Deadlines occur in all areas of law and can be structured in different ways. The legislature attaches various legal consequences to compliance or failure to do so. The BGB and a large number of laws contain such deadlines, dates and formal requirements that the addressees of the norms must adhere to.

In the case of deadlines, the general standard of Section 186 BGB stipulates that the interpretative provisions of Sections 187 to 193 BGB must be observed for the deadline and deadline provisions contained in laws , court orders and legal transactions . By virtue of reference, they also apply in many other areas of law. This results in uniform deadline calculations for all parties involved, so that missed deadlines do not result from incorrect deadline calculations.

species

In general, there are material-legal and procedural as well as actual and improper deadlines .

Material-legal and procedural deadlines

A distinction is made between material-legal and procedural deadlines.

In both areas of law, one also knows the "event deadlines" that are triggered by an event. This includes the delivery or announcement of a document as an event ( Section 166 ff. ZPO); the day of the event does not count here ( Section 187 (1) BGB).

An exclusion period exists if a subjective right ( claim , right to design ) or a legal remedy must be asserted within this period. It is characteristic of a preclusive period that the existence of the underlying claim depends on the assertion within the period. The claim expires when the deadline expires. In contrast to the statute of limitations , a preclusive period is an objection and not an objection . According to the prevailing opinion, reinstatement in the previous status is out of the question, since according to Section 32 (5) VwVfG, reinstatement in the previous status is excluded if other legal provisions preclude this. The respective legal provisions stipulating an exclusion period (e.g. Section 2 (1) sentence 2 JVEG ) are regarded as legal provisions contrary to the reinstatement within the meaning of this provision.

Real and improper deadlines

In procedural law , the actual deadline (or judicial deadline) is a period of time that the court grants one or more parties within which they can or must take action or prepare for appointments. In contrast, an improper deadline (or statutory deadline) is a period specified in a law within which a court has to perform an official act or after which the act is deemed to have been carried out.

Deadline calculation

The calculation regulations (start of time limit, end of time limit) can be found in Germany in §§ 186 ff. BGB, which only apply directly to civil law. Other areas of law, e.g. B. the civil procedure law in § 222 ZPO or the administrative procedural law in § 31 VwVfG , mostly refer to these provisions in the interests of legal unity. The preclusive periods are stipulated in the respective time-limited rights or legal remedies (e.g. § 121 and § 124 BGB for contestation , § 70 VwGO for the objection procedure , etc.). The day on which the period begins to run is called dies a quo in Latin, the day on which the period expires is the dies ad quem .

Start and end of the period

If an event or a certain time of day is decisive for the beginning of a period, the day in which the event or point in time occurs is not included in the calculation of the period in accordance with Section 187 (1) BGB. If the beginning of a day is the decisive point in time for the start of the period, this day is included in the calculation of the period in accordance with Section 187 (2) BGB; this also applies to the birthday when calculating the age.

The end of the deadline is regulated somewhat more comprehensively in Section 188 of the German Civil Code (BGB) because it takes into account the differently named periods. According to Section 187, Paragraph 1 of the German Civil Code (BGB), the period determined by days is simple; it ends with the expiry of the last day of the period. In the case of Section 187 (1) of the German Civil Code (BGB), a period that is determined according to weeks, months or a period of several months - year, half year, quarter - ends at the end of the day of the last week or the last month, which by its designation or its number corresponds to the day in which the event or the point in time falls, and in the case of Section 187 (2) BGB with the expiry of the day of the last week or the last month that precedes the day that goes through its designation or number corresponds to the starting date of the period.

Then, § 189 BGB clarifies that under half a year a period of six months, under a quarter of a year (quarter) a period of three months and under half a month a period of 15 days. The month is calculated as 30 days and the year as 365 days ( § 191 BGB). According to § 192 BGB, “beginning of the month” is the first, “middle of the month” is the 15th and “end of the month” is the last day of the month. If the deadline falls on a Saturday , Sunday or a public holiday , the next working day applies as the deadline according to Section 193 BGB .

Natural and civil computation

When calculating the deadlines, a distinction is made between natural computation and civil computation . The natural computation is based on the specific moment (a certain time ) of the starting day. The advantage of natural computation is its accuracy, its disadvantage is that it is cumbersome to use. The civil computation only calculates in days. The question arises as to whether the day on which the event triggering the deadline should be included or not. The Roman law was guided by the idea of MFN. The midnight of the next day was decisive for the calculation of the deadline if there was a threat of loss of rights ( this a quo non computatur ). If, on the other hand, acquisition of rights was considered, midnight on the same day had to be counted down. The age of majority or the capacity to testify may therefore have been granted by law a few hours before reaching the actual age limit.

Event deadlines and start deadlines

The BGB provides rules of interpretation ( § 186 BGB) for periods specified in days, weeks, months or years . They cannot be used for deadlines determined by the hour. After § 187 para. 1 BGB zero watch is the beginning of the period until the next day circumspect ( event period (as a termination for. The notification of a decision, and so on)) when an event for the start of a period or a run in the one day falling time is decisive. With regard to the end of the deadline, the last day is counted if the deadline is determined by days. The period ends at the end of the last day ( Section 188 Paragraph 1 BGB). In the case of deadlines that are determined by weeks, months and years, ends at the end of the (last) week, the (last) month or the (last) year, which corresponds to the day of the event triggering the deadline by its name or number.

The monthly period initiated on March 16 at 1:50 p.m. by the delivery of a notice of objection begins on March 17 at midnight and ends on April 16 at midnight

If the deadline ends on a Saturday, Sunday or public holiday, the deadline is extended to the next working day ( Section 193 BGB). To determine whether a day is a (local) public holiday, the place of residence or business of the addressee and not the sender is decisive. The postponement is based precisely on the fact that delivery is not possible on a public holiday - but this problem only arises with the addressee.

If, on the other hand, the beginning of a day is the decisive point in time for calculating the deadline, then the day is included in the calculation of the deadline in accordance with Section 187 (2) sentence 1 of the German Civil Code ( start deadline ).

The apartment is rented to you from Monday February 2nd.

The same applies to the calculation of age ( Section 187 (2) sentence 2 BGB). Even with a start period, the days are counted if the period is determined by days. The period ends at midnight on the last day of the period.

In the case of deadlines stipulated by weeks, months, or years, the deadline expires at midnight on the day which is before the day of the (last) week, the (last) month or the (last) year, the day after its designation or number corresponds to when the period began.

The draft land-use plans are from November 11 for a month on public participation to § 3 BauGB designed : The period ends on 10 December.

For the determination of a deadline for the last day (e.g. vague wording: “The deadline is until March 3rd”), a deadline on this day at midnight also applies legally. According to the prevailing linguistic usage in Bavaria, this should end on March 2nd, midnight, and a deadline of March 3rd, midnight only if it is worded “March 3rd” is a typical regional formulation of the colloquial language : In both cases the deadline ends - as is usual in Germany and also covered by the BGB - on March 3rd, midnight.

Frequent deadlines

Numerous norms of civil law require a deadline ( time limit ). In particular, when claiming damages instead of performance ( Section 280 Paragraphs 1 and 3 BGB) in the case of non-performance or “performance not provided as owed” in accordance with Section 281 BGB, a deadline is regularly required. However , a deadline must also be set before a possible withdrawal according to Section 323 (1) BGB. Private contracts result in, for example, deadlines for exercising rights from private insurance , banking ( lending and deposit business ) and notice periods .

In law , the deadline is of particular importance in court and administrative proceedings as well as in the statute of limitations. Deadlines can be observed by law, on the basis of a contract or on the basis of an official or judicial instruction. A distinction is made between preclusion periods ( also: expiry period, preclusion period) and limitation periods.

Examples of deadlines are reporting obligations of all kinds (in particular the reporting deadline for changes of residence, bank reporting ), deadlines for submitting the tax assessment , an objection ( objection period ) or an objection , as well as deadlines for exercising social insurance rights .

After a limitation period has expired, the debtor of a claim is entitled to a permanent defense against the claim, which entitles him to refuse performance to the obligee (so-called “peremptorical” objection which is so-called “peremptorious” because it is permanent). A characteristic of the limitation periods is that the debtor has to refer to the expiry of the deadline, has to prove the prerequisites for the expiry of the deadline in fact and the expiry of the deadline only inhibits the creditor's claim and does not destroy it. The periods for the statute of limitations, the beginning of the periods, their suspension and interruption are regulated in §§ 203 ff. BGB. If the law does not expressly stipulate a limitation period, there is a limitation period.

International

After § 902 Civil Code in are Austria beginning of the period, time period and deadline as calculated in Germany. Section 903 of the Austrian Civil Code (ABGB) makes it clear that the legal consequences of non-performance of a liability or of a negligence do not occur until the last day of the deadline has expired. Unlike in Germany, Saturday is one of the working days - at least under civil law.

In Switzerland , the term “beginning / end of month” is understood to be the first / last day of the month ( Art. 76 Para. 1 OR ), regardless of the length, “middle of the month” means the 15th of the month (Art. 76 Para. 2 OR). Deadlines of 30, 60 or 90 days are effective and not to be understood as months (analogous to Art. 77 Paragraph 1 Item 1 OR). In Switzerland, too, Saturday is one of the working days under civil law, as it is not mentioned in Art. 78 OR; but since October 1963 it has been treated as a public holiday.

literature

See also

Web links

Wiktionary: Deadline  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. Michael Beisse / Sylvie Fiedler / Ingo Michael Groß / Sabine Jungbauer / Cornelia König / Olaf Müller / Waltraud Okon / Christian Schütz, table of deadlines , 2013, p. 22
  2. Michael Beisse / Sylvie Fiedler / Ingo Michael Groß / Sabine Jungbauer / Cornelia König / Olaf Müller / Waltraud Okon / Christian Schütz, table of deadlines , 2013, p. 3
  3. Michael Beisse / Sylvie Fiedler / Ingo Michael Groß / Sabine Jungbauer / Cornelia König / Olaf Müller / Waltraud Okon / Christian Schütz, table of deadlines , 2013, p. 3
  4. Calculation of deadlines in the exam, especially on public holidays
  5. Art. 1 of the Federal Act on Saturdays from June 21, 1963