Mahnfrist

Mahnfrist refers to a legally defined period within which a debtor must fulfill an outstanding payment obligation after receiving a dunning notice or reminder. This concept is primarily found in German civil law and related legal systems. The Mahnfrist is not a general grace period but a specific timeframe established by law or by the terms of a contract.

Upon expiry of the Mahnfrist, if the debtor has still not made the payment, they are considered to be in default (Verzug). This default status triggers several legal consequences for the debtor. Most importantly, the creditor can then claim default interest on the overdue amount. Furthermore, the debtor may become liable for any damages incurred by the creditor due to the delay, such as collection costs or lost profits.

The length of the Mahnfrist can vary. In some cases, it is explicitly set by statutory law. For instance, in certain commercial transactions, specific timelines might apply. In other situations, the Mahnfrist is determined by the contractual agreement between the parties. If no specific Mahnfrist is agreed upon or provided by law, the debtor generally enters default 30 days after the due date of the debt and receipt of a dunning notice from the creditor. The dunning notice itself serves to inform the debtor about the outstanding debt and to initiate the Mahnfrist.