List of deadlines in German law

from Wikipedia, the free encyclopedia

German law knows deadlines in different areas of law and of greatly varying lengths:

1 day period

2-day period

  • Maximum time limit for judicial decision on deprivation of liberty , Article 104, Paragraph 2 of the Basic Law

3-day period

Week period

2 week period

3 week period

4 week period

Monthly deadline

30 days notice

  • Deadline for submitting records to the tax authorities on extraordinary business transactions (Section 90 (3) sentence 9 AO)

5 week period

6 week period

8 week period

  • Employment ban under maternity protection law (after childbirth), Section 3 (2) MuSchG

2 month period

60 day period

  • Deadline for submitting records to the tax authority (Section 90 Paragraph 3 Clause 8 AO)

12 week period

3 month period

4 month period

5 month period

Half-yearly period

7 month period

  • statutory notice period for employment contracts of more than 20 years of employment ( § 622 BGB )
  • Deadline for submitting income tax returns to the tax office (after the end of the tax year)

9 month period

  • Notice period for landlords for residential rental contracts over 8 years, § 573c BGB

Annual deadline

78 week period

  • Maximum duration of sick pay (Section 48 (1) SGB V)

2 year period

3 year period

4 year period

5 year period

  • Claims for defects when purchasing a building ( § 438 BGB )
  • Claims for defects in a work contract for a building ( Section 634a Paragraph 1 No. 2 BGB)
  • Statute of limitations on prosecution for criminal offenses with a maximum of imprisonment of more than one year to five years ( § 78 StGB )
  • Prosecution of tax offenses ( §§ 378 to 380 AO )
  • Limitation of service offenses in the case of notaries ( § 95a BNotO )
  • Assessment period in the event of negligent tax reduction ( Section 169 (2) sentence 2 AO)
  • Payment limitation in tax law ( § 228 AO)
  • Absolute expiry of the deadline for actions for annulment ( § 586 ZPO )

6-year period

7 year period

  • Time lapse for disciplinary measure in civil service law (downgrading), § 15 BDG
  • Longest review period for the appointment of a legal supervisor or a reservation of consent, Section 295 (2) FamFG

10 year period

  • Claims for transfer of ownership of a property ( Section 196 BGB )
  • End of claim for damages ( Section 199 (3) BGB)
  • Acquisition of movable property ( § 937 BGB)
  • End of the protection period for the right to one's own picture (after death), Section 22 Art Copyright Act
  • Statute of limitations for prosecution for crimes that are threatened with a maximum of imprisonment of more than five years to ten years ( § 78 StGB )
  • Assessment deadline for tax evasion ( Section 169 (2) sentence 2 AO )

20 year period

  • Statute of limitations for criminal offenses that are threatened with imprisonment of more than ten years ( § 78 StGB )

30 year period

  • Acquisition of property in real estate by sitting ( § 900 BGB )
  • Claims for damages based on willful injury to life, body, health, freedom or sexual self-determination, claims for surrender of property as well as legally established claims ( Section 197 BGB)
  • Claims from incontestable administrative acts ( Section 53 Paragraph 2 VwVfG ), Section 52 SGB X.
  • Entitlements to social security contributions if withheld intentionally ( Section 25 SGB ​​IV )
  • Statute of limitations for prosecution for crimes that are threatened with life imprisonment ( Section 78 of the Criminal Code )

70 year period

  • End of copyright protection (after the death of the author, § 64 UrhG , after publication in the case of anonymous works, § 66 UrhG)

Reasonable time

In addition to the legal deadlines, there are various legal sources authorizing the setting of official deadlines. In the tax code , the tax authorities are authorized to set appropriate deadlines (e.g. §§ 27 sentence 2, 63 paragraph 4 sentence 1, 123 paragraph 1 sentence 1 AO). The same applies to other authorities (Sections 15, 17, 18, 23 Paragraph 4, VwVfG ) and in the social administration procedure (Section 66 Paragraph 3 SGB I; Sections 14, 19 Paragraph 2 SGB X). Often they serve the citizen's right to be heard under Article 103 of the Basic Law, even beyond the actual judicial process.

There is similar in private law, if the debtor of a claim is to be given a reasonable deadline, e.g. B. according to § 264, § 280, § 308, § 323, § 455, § 910, § 1003, § 2193 or § 2307 BGB as well as in commercial law (§§ 87 para. 3, 95 para. 2, 329 para. 2 , 412 para. 2, 530 para. 4, 539 para. 2 HGB). In practice, there is often a two-week period.

See also