Verjährungsvorschriften

Verjährungsvorbehalt refers to a legal provision in German law that allows parties to an agreement to expressly stipulate that statutory limitation periods (Verjährungsfristen) will not apply or will be modified. This means that certain claims, which would normally be time-barred after a certain period, can remain enforceable if such a reservation is included in the contract.

This concept is particularly relevant in commercial law and in situations involving long-term contractual relationships. For example, a seller might include a Verjährungsvorbehalt in a warranty agreement to ensure that claims arising from defects can be made for a longer period than what the standard statute of limitations would allow. Conversely, a buyer might agree to a shorter limitation period if it comes with other benefits.

However, the application of a Verjährungsvorbehalt is not unlimited. German law, particularly through general terms and conditions (Allgemeine Geschäftsbedingungen - AGB) regulations, scrutinizes such clauses for fairness. Unreasonably long or indefinite extensions of limitation periods, or unduly short ones, can be deemed invalid if they disadvantage one party excessively. The specific circumstances and the balance of power between the contracting parties are crucial factors in determining the validity of such a reservation. The goal is to strike a balance between contractual freedom and the protection of parties from potentially unfair or exploitative contractual terms.