Anspruchsursprungs

Anspruchsursprung is a legal concept in German civil law that refers to the origin or source of a claim. It determines the time at which a claim arises and is crucial for calculating the statute of limitations, which is the time limit within which a legal action must be initiated. The concept of Anspruchsursprung is governed by the German Civil Code (Bürgerliches Gesetzbuch, BGB).

There are two main types of Anspruchsursprungs: objektiver Anspruchsursprung and subjektiver Anspruchsursprung. The objektiver Anspruchsursprung refers to the time when the legal relationship or obligation arises objectively, regardless of whether the claimant is aware of it. This is often the case in contractual obligations or torts. The subjektiver Anspruchsursprung, on the other hand, refers to the time when the claimant becomes aware of the legal relationship or obligation. This is typically relevant in cases of negligence or misrepresentation.

The determination of Anspruchsursprung is important because it affects the calculation of the statute of limitations. For example, if the objektiver Anspruchsursprung is relevant, the statute of limitations begins to run from the date the legal relationship or obligation arose. If the subjektiver Anspruchsursprung is relevant, the statute of limitations begins to run from the date the claimant became aware of the legal relationship or obligation.

In some cases, the determination of Anspruchsursprung can be complex and may require a detailed analysis of the facts and the applicable legal principles. It is therefore important for both claimants and defendants to understand the concept of Anspruchsursprung and its implications for their legal rights and obligations.