Peremptorical objection
In jurisprudence, a peremptoric or permanent objection ( Latin peremptio = annihilation) is understood to be an objection to a legal claim which leads to the claim being permanently unenforceable.
The best-known peremptorical objection is the objection of statute of limitations ( § 214 Paragraph 1 BGB ), but also the objection from a “ pactum de non petendo ” (German: “agreement, not to be demanded”) is a peremptorical objection. Further examples are the defense of malice ( § 853 BGB) and the defense against enrichment ( § 821 BGB ).
In insurance law one knows the objection of gross negligence and intent ( § 276 BGB ): In these cases, the assumption of damage by liability insurance may be refused. However, it can be contractually agreed in advance to waive the objection of gross negligence.
The counterpart to the peremptorical objection is the dilatory objection . This only means that the claim can temporarily not be enforced. Both the peremptory and the dilatory plea will only be considered in court if the debtor actually refer to them (hence a talk ).
literature
- Thomas Kochendörfer: The need to justify the exercise of civil law design rights , University of Tübingen, dissertation 2010, Cuvillier Göttingen 2010, ISBN 978-3-86955-498-3 .
- Karl Larenz , Manfred Wolf: General part of civil law. 9th edition. Munich 2004.
- Karin Linhart : The system of the basis of claims, objections and defenses in the civil law exam. In: Juristische Arbeitsblätter 2006, pp. 266–270.
- Herbert Roth: The defense of civil law , University of Munich, habilitation thesis 1986, Beck, Munich 1988, ISBN 3-406-33067-3 .
