Objection period

The objection period refers to the period in which an objection can be raised to prevent a certain legal consequence from occurring.

Civil Law

Tenancy law

A tenant of an apartment can object to the declared termination within a period of two months before the end of the lease ( Section 574b (2 ) BGB ), provided that the landlord has informed him of the possibility of objection as well as its form and deadline in good time before the end of this period.

Employment Law

An employee whose employment relationship would be transferred to the new entrepreneur after the company was sold can object to the transfer within one month of receiving notification of the transfer of business ( Section 613a (6) BGB).

Direct debit

The objection period for direct debits through direct debit authorization in Germany is eight weeks for authorized direct debits ( Section 675x Paragraph 4 BGB), and 13 months for unauthorized direct debits. An objection without giving a reason is possible within this period. For details see direct debit .

Closing accounts for bank accounts

Accounting errors (not z. B. authorized debits that were made without an order) the customer needs in accordance with the Terms and Conditions of the Bank within six weeks after receipt of the accounts claim. A correction of incorrect bookings can also be requested after this period, but the burden of proof then shifts to the customer.

Trademark law

In trademark law , the owner of a previously registered trademark can object to the trademark registration within a period of three months after the date of publication of the trademark registration ( Section 42 MarkenG ).

Register right

Ship Register Regulations

Objections to the intended deletion of a wrongly registered ship from the register are permitted within a reasonable period to be set by the authorities, which must be at least three months ( Section 21 SchRegO).

Administrative law and social law

Affected persons who are adversely affected by the administrative act of an authority can raise an objection against it within one month of its announcement and thus cause the competent authority to review the legality and appropriateness of the decision ( Section 70 Administrative Court Regulations (VwGO)). The same applies in the event that the authority refuses to issue a coveted administrative act (such as a permit).

If the right to object is not or not correctly instructed, the administrative act remains contestable for one year or the illegality or improperness of the refusal can be asserted for as long ( Section 58 VwGO). The objection must be made in writing or to be recorded. As a rule, legal action may only be taken after the objection procedure has been carried out.

The same deadlines exist in the preliminary social law proceedings. They result from § 36 SGB X in connection with § 84 SGG.

Civil litigation

There is no real objection period in the judicial dunning procedure . Rather, the respondent can object to the claim or part of the claim as long as the court has not yet issued an enforcement order ( Section 694 (1) ZPO ). However, an enforcement notice can be requested two weeks after delivery, so that the dunning notice indicates that an objection should be lodged within two weeks of the delivery of the dunning notice ( Section 692 (1) No. 3 and 4 ZPO).

Individual evidence

↑ Direct Debit: General Introduction , Consumer Advice Center Bavaria. Retrieved December 9, 2014.

[1] Direct Debit: General Introduction , Consumer Advice Center Bavaria. Retrieved December 9, 2014.