Fälligkeitsinfragestellung

Fälligkeitsinfragestellung is a German legal term that translates to "questioning the due date" or "challenging the maturity date" of a debt or obligation. It arises in situations where a party believes that a payment or performance is not yet due, or is due at a different time than asserted by the other party. This concept is most commonly encountered in contract law and debt collection.

When a debtor invokes Fälligkeitsinfragestellung, they are essentially refusing to pay or perform on the grounds that the creditor has not yet met the conditions for the obligation to become due. This could be due to unmet preconditions, a dispute over the agreed-upon delivery date, or the existence of a counterclaim that offsets the obligation. The burden of proof typically lies with the party asserting that the obligation is not yet due.

This legal defense can prevent a creditor from taking immediate enforcement action, such as demanding payment or initiating legal proceedings for non-performance. However, the validity of the Fälligkeitsinfragestellung must ultimately be determined by a court if the parties cannot resolve the dispute themselves. If the challenge to the due date is found to be unfounded, the debtor will then be in default and liable for any resulting damages or interest.