Limitation periods are often overlooked, yet they have a major impact on whether claims can be enforced. With the right knowledge of the applicable limitation periods, legal claims can be asserted in good time and effectively.
Depending on the type of claim and the area of law concerned, German law provides for different limitation periods:
Different statutory limitation periods apply depending on the type of claim. To make sure claims are not lost, it is important to keep an eye on these deadlines.
The six-month limitation period means that both landlords and tenants have only six months after a tenancy ends to assert certain claims. After that, the rights are time-barred and can no longer be enforced.
The ten-year limitation period means that in certain cases you have ten years to assert your claims. This period often applies to larger claims, for example relating to real estate or inheritance. The limitation period begins as soon as the claim arises.
In most cases you have three years to assert your claims. If, for example, you have a monetary claim or are seeking damages, these must be asserted legally within three years.
The period always begins at the end of the year in which your claim arose. So if you have a claim in 2024, the limitation period starts on December 31, 2024 and ends on December 31, 2027.
The thirty-year limitation period applies to special cases such as damages for intentional injury to life, body, health, freedom or sexual self-determination; claims for restitution based on ownership; claims established by final and binding decision; claims arising from enforceable settlements or instruments; as well as claims from insolvency proceedings and the reimbursement of enforcement costs. In these cases you have 30 years to enforce your claims.
Please note: This is an extract only. It is neither exhaustive nor legally binding information.