Rückforderungsanspruchs

Rückforderung is a legal concept referring to the reclamation of money or other value that was paid or transferred without a lawful basis or in excess. In civil law, it is closely linked to claims of unjust enrichment under § 812 BGB, which obliges the enriched party to restore what it obtained at the expense of the other party. A Rückforderung may arise after overpayments, erroneous invoicing, miscalculations, or the cancellation of a contract.

Contexts for Rückforderung extend beyond civil law. In tax law, Steuererstattung describes refunds to taxpayers after an overpayment or an error in assessment. In consumer protection, Rückforderungen can occur when a seller must refund money for a withdrawn or rescinded purchase under the Widerrufsrecht. Across these fields, the core idea is restoration of the status quo ante through repayment or restitution.

Key elements of a Rückforderung are the existence of a benefit, a lack of lawful basis for retaining it, and a causal link between the transfer and the enrichment. The claimant bears the burden of proving the payment and the amount; the respondent can raise defenses such as legitimate retention or set-off rights.

Prescription and procedure: Rückforderungsansprüche are generally subject to statutory limitation periods, commonly three years under the BGB, with varying start points depending on knowledge and circumstances. The typical process involves a demand for repayment, negotiation, and potentially court action, with evidence such as contracts, invoices, and bank statements.