Forfeiture (Switzerland)
In Switzerland referred forfeiture the sinking of a right arising from the ending of a "forfeiture" (the analog deadlines hot in Germany forfeiture ).
A forfeiture period can neither be interrupted nor (apart from very rare exceptions) suspended . Certain forfeiture periods can, however, be restored.
It is not necessarily clear from the legal text whether a certain period is a forfeiture or a limitation period . Rather, the meaning of the law must be determined through interpretation. As a rule of thumb, particularly in private law, claims expire, but forfeit all other rights.
Forfeiture deadlines are considered a "lawyer's trap" because even experienced lawyers run the risk of overlooking such a deadline. This can lead to the lawyer being liable for damages.
literature
- André Pierre Holzer: Limitation and forfeiture of benefit claims in social insurance law, Diss. Friborg, Zurich / Basel / Geneva 2005, ISBN 3-7255-4990-7 .