Verjähren

Verjähren is a German legal term that refers to the process by which a right or a claim ceases to be enforceable due to the passage of time. This concept, known as prescription or statute of limitations in other legal systems, is a fundamental principle in civil law designed to provide legal certainty and prevent stale claims from being brought forward indefinitely.

The effect of verjähren is that after a certain period, the debtor can refuse to fulfill their obligation, even if the claim was originally valid. The right itself does not disappear, but the ability to enforce it through legal action is lost. The specific time periods for verjähren vary depending on the type of claim and the jurisdiction. For instance, in Germany, the standard limitation period for many claims is three years, starting from the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim.

There are also different types of prescription. Objective prescription refers to the time limits set by law for the assertion of rights. Subjective prescription relates to the knowledge and awareness of the claimant. Certain rights, such as ownership, are generally not subject to prescription, while others, like contractual claims or tort claims, are. The rules surrounding verjähren can be complex, with provisions for suspension (Hemmung) and recommencement (Neubeginn) of the limitation period under specific circumstances, such as negotiations between the parties or legal proceedings.