Judiciary on the Limitation Period for Claims Judiciary on the Limitation Period for Claims
The decision of the Federal Court of Justice (BGH) in the case with the file number VI ZR 115/22, dated July 30, 2024, addresses the issue of the limitation period for compensation claims. This case has far-reaching implications for those affected and for the understanding of limitation periods in German civil law.
In this case, it was about the lawsuit of an injured party who claimed compensation for damages due to a traffic accident. The BGH clarified that the limitation period for such claims is generally three years and begins at the end of the year in which the claim arose. This regulation, which is enshrined in the Civil Code (BGB), takes into account the necessity of obtaining clarity about existing claims in a timely manner.
Furthermore, the reasons for the judgment explained that the limitation period also begins when the injured party does not yet have information about the severity of their injuries or the exact circumstances of the accident. The BGH pointed out that it is not necessary for the claimant to be aware of all legal options for the limitation to take effect. This decision is of great significance as it shifts the focus to the procedures for asserting claims and clarifies exactly when the clock for the limitation period starts ticking.
A central point of the judgment also concerns the possibilities for suspending the limitation period. The BGH emphasized that a suspension of the limitation period can occur when negotiations regarding the claim are conducted between the parties. This means that the deadlines are suspended in such cases as long as the parties are in active dialogue.These provisions are particularly relevant for victims who often cannot assert their claims immediately, whether due to uncertainty about the circumstances or due to health issues.
The decision is of interest not only to legal professionals but also to anyone who may become involved in a damage case. The clear positioning of the BGH on limitation periods and interruptions provides important guidance for practice and ultimately protects the rights of victims. Even though many victims exercise restraint in the initial steps, it is advisable to engage with their claims early on to keep legal deadlines in mind.
Author: Anita Faake, Friday, September 13, 2024
