Promptness
Immediacy is one in laws and agreements of common indeterminate legal concept , which the debtor a alsbaldiges action required.
General
If someone is obliged to submit declarations of intent or other legal acts due to legal provisions or a contract and there is no calendar deadline for submitting these acts, he is expected to act immediately. “Immediately” does not count as an effective deadline. The decisive factor for the promptness is not the objective, but the subjective reasonableness of the prompt action. So it depends on the knowledge and personal point of view of the person obliged to act. It is not necessary that the action be taken immediately ( objective reasonableness ). The duration of a period can in principle also be designated by an indefinite legal term; this is often the case, particularly with legal deadlines.
Germany
meaning
In many cases, laws require immediate action to safeguard claims or fulfill obligations . Examples in German law are:
- Avoidance of declarations of intent from knowledge of the reason for avoidance ( § 121 Abs. 1 BGB),
- Assertion of damages from a recoverable material defect in the purchase contract ( § 281 BGB),
- Examination and complaint of the defective goods in the case of a commercial purchase ( Section 377 (1) HGB),
- Termination of a loan ( Section 499 (2) BGB)
- Notice of loss by the management board to the general meeting of the stock corporation ( Section 92 (1) AktG),
- Subsequent notification of pregnancy to the employer ( Section 17 (1) MuSchG),
- Review of the award of contracts under competition law ( Section 107 (1) GWB),
- Notification of loans in the millions , large and corporate bodies by credit institutions to the Bundesbank ( Section 13 Paragraph 1, Sections 14 and 15 KWG), submission of the annual financial statements to BaFin ( Section 26 KWG),
- Proper delivery to lawyers ( § 14 BORA),
- Subsequent approval by the guardianship judge of custodial measures ( Section 1906 (2) sentence 2 BGB),
- Disclosure of changes in the conditions for receiving social benefits , Section 60 (1) SGB I,
- Notification of incapacity for work when receiving unemployment benefit 2 (Section 56 SGB II),
- Termination period for severe disabilities , Section 91 SGB IX
Legal definition
Section 121 (1) sentence 1 BGB contains a legal definition of the term. Immediately therefore means “without culpable hesitation”. This definition applies to all German law, but is made dependent on the circumstances of the individual case. In case of doubt, it also applies if the term is used in a contract (e.g. sales contract , collective agreement , general terms and conditions ).
The chairman has to determine the dates in the civil process immediately ( § 216 Abs. 2 ZPO). The term is also used in criminal procedure law , for example in Section 25 Paragraph 2 Sentence 1 No. 2 StPO. The refusal of the criminal judge who made the decision because of bias does not have to be asserted “immediately”, but “without culpable delay”, ie without unnecessary delays that are not justified by the facts. The situation justifies a delay that arises from the fact that the applicant needs a certain amount of time to think about and draft the application after becoming aware of the reason for rejection.
Reflection period
The agent is entitled to a reasonable period of reflection. If necessary, he may also seek the advice of a lawyer or use his own reflection period. An action will only take place immediately if it is carried out within an examination and consideration period that is to be measured according to the circumstances of the individual case. It therefore depends on the individual case how long the period of reflection can be. The upper limit for immediate action by the Court , a period considered two weeks usually. In the event of a total loss of a production machine , the BGH has classified the notice period of 7 weeks according to Section 377 (1) HGB as timely. If the duration is 2 ½ months after delivery , this is no longer immediately. Apart from these individual cases, the two-week period has become commonplace in everyday life.
Delimitation of the time limit
“Immediately” is not an effective term. The end of the period then depends on the behavior of the person concerned.
In order to set a deadline in accordance with Section 281 (1) of the German Civil Code (BGB), it is sufficient for material defects in the purchase agreement if the obligee makes it clear by requesting immediate, immediate or immediate performance or comparable formulations that the debtor only has a limited (determinable) period of time available for performance stands; it is not necessary to specify a specific period or a specific (end) date. It cannot be inferred from the term setting a deadline that the relevant period of time must be determined according to the calendar or specified in specific time units . A deadline determined in this way is not required by Section 281 (1) BGB. According to general opinion, a period is a period of time that can be determined or determined. With the request to effect the service or the supplementary performance “in a reasonable time”, “immediately”, “on time” or “as quickly as possible”, a time limit is set which can be determined on the basis of the respective circumstances of the individual case.
“Immediately” in the legal sense - in contrast to common parlance - is not a synonym for “immediately”. In contrast to “immediately”, “immediately” is an effective time limit. “Immediately” can mean “instantly”.
See also
Individual evidence
- ↑ Munich Commentary BGB / Grothe, 5th edition, § 186 marginal no. 4th
- ↑ BGST, judgment of 25 April 2006, ref .: 3 429/05
- ↑ Palandt , 66th edition, 2007, § 121 Rn. 3. ISBN 3-406-55266-8
- ↑ BGH, judgment of January 24, 2008, Az .: VII ZR 17/07 = NJW 2008, 985 Rn. 18th
- ^ BGH, judgment of February 25, 1971, Az .: VII ZR 181/69 = NJW 1971, 891
- ↑ BGH NJW-RR 200, 1361
- ↑ OLG Munich, judgment of January 24, 1990, Az .: 27 U 901/88
- ^ Gerhard Sadler, VwVG , 2011, p. 255
- ↑ BGH NJW 2009, 3153
- ↑ RGZ 120, 355, 362
- ↑ Duden, German Universal Dictionary , 2nd edition, 1989, pp. 1620, 1589. ISBN 3-411-02176-4
- ^ Gerhard Sadler, VwVG , 2011, p. 255
