Definition and Significance of Deadline Calculation
Die Deadline Calculation is a central element in the German legal system and concerns the calculation of periods within which certain actions must be taken, rights must be asserted, or obligations must be fulfilled. Correct determination of the commencement, duration, and end of deadlines is important in numerous areas of law, including civil law, criminal law, administrative law, and procedural law. Incorrect deadline calculations can result in the loss of rights or significant legal disadvantages.
Statutory Basis for Deadline Calculation
General Provisions
The fundamental regulations for calculating deadlines can be found in particular in Sections 186 to 193 of the German Civil Code (BGB). These norms generally apply to all private law deadlines, unless more specific provisions exist or the parties to a deadline agree to different stipulations.
Relevant Provisions in the BGB
- Section 186 BGB (Calculation of Periods by Days, Weeks, Months, and Years)
- Section 187 BGB (Commencement of Deadline)
- Section 188 BGB (End of Deadline)
- Section 189 BGB (Calculation of Non-Business Deadlines)
- Section 193 BGB (Sundays and Public Holidays Regulation)
Furthermore, special provisions can be found in other laws such as the Code of Civil Procedure (ZPO), the Commercial Code (HGB), the Code of Criminal Procedure (StPO), the Fiscal Code (AO), or the Administrative Procedure Act (VwVfG).
Basics of Deadline Calculation under the BGB
Types of Deadlines
- Deadlines by Days, e.g. payment within 14 days
- Deadlines by Weeks, e.g. objection within 2 weeks
- Deadlines by Months, e.g. notice period of 3 months
- Deadlines by Years, e.g. limitation after 3 years
A further distinction is made between commencement day inclusive und commencement day exclusive deadlines (see Section 187 BGB).
Commencement of Deadline
According to Section 187 BGB, a deadline generally begins on the day after the event or point in time relevant for the commencement of the deadline. For example, if a judgment is served on 1 May, the deadline begins on 2 May.
Exceptions apply to deadlines established by a birthday or a similar event, for instance in age calculations.
End of Deadline
According to Section 188 BGB, the deadline ends at the end of the day whose name or number corresponds to the starting day or—in the case of deadlines by months or years—at the end of the calendar day that corresponds to the start date in the last month/year.
If the last day is a Sunday, a public holiday, or a Saturday, the deadline is extended according to Section 193 BGB to the next working day.
Special Calculations
Non-business Deadlines: For certain legal transactions, for example in the termination of a tenancy, special provisions apply regarding the commencement and end of deadlines, which are regulated in Section 189 BGB.
Emergency and Urgent Proceedings: In urgent court cases, different deadline calculations may apply, which are regulated in the respective procedural codes. In such cases, other requirements for deadline periods and service may apply.
Calculation of Deadlines in Procedural Law
Code of Civil Procedure (ZPO)
In civil proceedings, Sections 220 to 222 ZPO contain special rules for deadline calculations, but the BGB rules largely apply. The calculation of appellate deadlines (complaint, appeal, revision) is of particular importance. An incorrectly set deadline commencement or expiration may result in the invalidity of legal remedies.
Administrative Law
In administrative law, the relevant provisions can be found in, for example, Section 79 of the Administrative Court Code (VwGO) and Section 31 VwVfG. It is decisive whether the matter concerns substantive deadlines (e.g. objection deadlines) or procedural deadlines (e.g. reasoning deadlines).
Tax Law
The Fiscal Code (AO) contains regulations on deadline calculation in tax law in Sections 108, 109 AO. For example, in the case of deadlines for objections and tax declarations, attention must be paid to the correct commencement and end of the deadline.
Practical Examples and Special Cases
Example 1: Two-Week Deadline
A decision is served on 3 January. The deadline begins on 4 January (the day after service). The two-week period ends on 17 January. If this day falls on a Sunday, the deadline ends according to Section 193 BGB on the following Monday.
Example 2: One-Month Deadline
A contract is concluded on 15 March. A one-month deadline ends accordingly on 15 April at midnight. If there is no corresponding day in the following month (e.g. 31 January – 28 February), the deadline ends on the last day of the month.
Deadline Extension and Missing a Deadline
Under certain conditions, a deadline may be extended if this is provided for by law or granted by the competent court (in civil proceedings, for example, under Section 224 ZPO). An extension by the parties themselves is often excluded, especially in the case of statutory exclusion deadlines.
Missed deadlines can in some cases be remedied by reinstatement to the previous status if the deadline was missed without fault and an application is made within the deadline.
Exceptions, Special Cases and International Perspectives
Certain deadlines are subject to special statutory provisions or international agreements. In EU law, there are sometimes separate methods for calculating deadlines, which may not fully correspond to the national regulations. In commercial law (HGB) or in employment law (notice periods), there are also differing deadlines and special features in their calculation.
Importance of Precise Deadline Calculation
Accurate determination and compliance with deadlines is of fundamental importance for the enforcement of claims and for legal certainty. Particularly in court proceedings, missing a deadline may lead to inadmissibility of legal remedies or to the permanent loss of rights.
Summary
Deadline calculation is a fundamental institution of German law, which is applied in many areas of law. The relevant provisions are found in the BGB as well as in numerous special laws. The correct calculation of deadlines is crucial for the assertion and enforcement of legal positions and requires careful observance of statutory provisions and specific special regulations. An incorrect calculation of deadlines can have serious consequences and should therefore always be carried out with diligence.
Frequently Asked Questions
How is the commencement of a deadline determined in a legal context?
The commencement of a deadline is crucial for deadline calculation in a legal context. A distinction is generally made between the “event case” and the “receipt case.” In the event case, e.g. pursuant to Section 187 (1) BGB, the deadline begins on the day after the triggering event, for example after service of a judgment or receipt of a notice of termination. If a statutory provision, a contract, or an official order explicitly specifies the date as the start of the deadline, that day is counted towards the deadline (Section 187 (2) BGB). It is also decisive whether the deadline is measured in days, weeks, months, or years. For a deadline set by days, as a rule the first day of the deadline is only after the event day has passed. This is particularly relevant in legal remedies, such as objection or appeal periods. Accurate determination of the start of the deadline is of critical importance, as miscalculation often results in missed legal remedies.
How are weekly and monthly deadlines calculated correctly?
Weekly and monthly deadlines are calculated according to Section 188 BGB. For a weekly deadline, it ends in the week named by the final day, i.e., if a deadline starts on Wednesday, it ends on the next Wednesday in the following week. For monthly deadlines, the deadline ends in the following month on the day that matches the number of the day on which the deadline-triggering event occurred. If this day does not exist in the following month (e.g., deadline begins on 31 January and there is no 31st in February), the deadline ends at the end of the last day of the month (i.e., 28 or 29 February). When calculating, it must always be checked whether the deadline commencement has been correctly determined and if leap years or months of different lengths have been properly considered.
What role do weekends and public holidays play in deadline calculation?
Both weekends, that is Saturdays and Sundays, and statutory public holidays are generally counted in the calculation of deadlines, unless the deadline is explicitly set by law, administrative act, or court decision as a working day deadline. Noteworthy here is Section 193 BGB, which provides that a deadline which expires on a Saturday, Sunday, or public holiday only ends at the close of the next working day. This is particularly applicable to deadlines for payments, filing written submissions, or lodging legal remedies. Individual public holidays are governed by state law, meaning regional differences must be observed. Everyday working life may thus be affected, so in cross-border matters, attention should be paid to the applicable local regulations.
What happens in the case of an extension or reduction of statutory deadlines?
Statutory deadlines generally cannot be shortened or extended by agreement between the parties unless the law provides otherwise (e.g., in tenancy law, employment law, or civil law deadlines). Procedural deadlines can sometimes be extended by the court if an appropriate application is made and justified, for example, due to illness or force majeure (Sections 224 ff. ZPO). A retroactive extension is generally excluded. However, contractual deadlines can usually be adjusted by mutual agreement of the parties within the scope of private autonomy, unless a mandatory statutory provision opposes this.
How are deadlines handled when there are several parties with different commencement dates?
If a deadline is triggered for several parties, for example, both parties to a contract, different commencement dates may occur, especially if the triggering event occurs at different times for each party (e.g., receipt of a letter by different recipients). In this case, the individually relevant commencement date applies for each deadline recipient. This can be particularly problematic in procedural law when briefs are sent by one party to multiple opponents. In administrative law, the authority must ensure that all addressees receive the same substantive rights and are not disadvantaged by different running deadlines. The relevant point is usually when the triggering event (e.g., receipt of a notice) occurs individually.
How are so-called “non-extendable deadlines” treated in law?
Non-extendable (preclusive) deadlines, such as those for filing an appeal against court decisions (appeal, revision), must be strictly observed. A subsequent extension or reinstatement is usually only possible in the event of an unintentional failure to observe the deadline by means of restitution to the previous status (Section 233 ZPO), whereby the application must be submitted within two weeks after the obstacle has been removed. If the deadline is missed without sufficient excuse, the legal remedy is ineffective unless a statutory exception explicitly provides otherwise (e.g., failure due to force majeure or lack of timely information from the court). In practice, this means that deadlines must be monitored and observed meticulously.
