Verjährungsdauer

Verjährungsdauer refers to the statutory time limit within which legal claims must be asserted. After the Verjährungsdauer has expired, the debtor can raise the defense of prescription, meaning the creditor can no longer enforce their claim through legal action. The purpose of Verjährungsdauer is to provide legal certainty and to prevent claims from being brought forward indefinitely, which could become difficult to prove due to the passage of time.

The specific duration of the Verjährungsdauer varies depending on the type of claim and the jurisdiction. For example, in Germany, the general Verjährungsdauer is three years, which begins at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the debtor. However, there are also shorter and longer Verjährungsdauern for specific types of claims, such as claims related to defects in construction or certain contractual rights.

It is important to note that Verjährungsdauer does not extinguish the underlying debt itself. The debtor is still obligated to pay the debt. However, if the debtor raises the defense of prescription, the creditor loses the ability to compel payment through the courts. Certain actions can interrupt or suspend the Verjährungsdauer, such as filing a lawsuit, initiating court enforcement proceedings, or acknowledging the debt by the debtor. The specific rules for interruption and suspension are also jurisdiction-dependent.