Concept and Basic Meaning of Receipt Requirement
Die Receipt Requirement is a term from German civil law that describes whether a declaration of intent or a legally binding communication requires receipt by the addressee in order to become effective. Especially in the context of contracts, terminations, and other legally significant notifications, receipt requirement is of central importance. The term distinguishes itself from so-called non-receipt-dependent declarations of intent and notifications, where receipt by the recipient is irrelevant.
Function and Legal Classification
Declarations of Intent Requiring Receipt
Within German civil law, declarations of intent are, with certain exceptions, generally subject to the receipt requirement. This means that the legally intended effect only occurs when the declaration is received by the addressee (§ 130 BGB). Examples of declarations of intent requiring receipt are terminations, rescissions, offers, and acceptances.
Receipt of the Declaration of Intent
Such a declaration only becomes effective upon receipt by the recipient. Receipt occurs as soon as the declaration of intent reaches the recipient’s sphere of control so that, under normal circumstances, it can be expected to come to their attention. Case law differentiates whether receipt occurs in private or business contexts (e.g., P.O. box opening hours, office hours).
Significance for Validity
The requirement of receipt is essential for the protection of the addressee. It ensures that the addressee has the opportunity to become aware of the declaration of intent and to respond accordingly, for example, by rejecting or accepting a contract offer or by reviewing a termination.
Declarations of Intent Not Requiring Receipt
Some declarations of intent exceptionally do not require receipt by the recipient, such as a will. In such cases, the validity depends solely on the declaration process, not the actual receipt.
Receipt Requirement in the Law
Important Statutory Provisions
The receipt requirement is mainly clarified in the following provisions:
- § 130 BGB: Regulates the receipt of declarations of intent to absent recipients.
- § 143 BGB: In connection with rescission.
- § 131-132 BGB: Provisions regarding receipt by absent as well as incapacitated/represented recipients.
In addition, the regulations concerning deadlines (§§ 130 et seq. BGB) and form requirements (e.g., written form according to § 126 BGB) are often to be considered in connection with the receipt requirement.
Receipt and Commencement of Periods
Receipt can have significant effects on deadlines; for example, the objection period in cases of termination, rescission, or withdrawal generally begins with the receipt of a declaration requiring receipt.
Areas of Application of the Receipt Requirement
Employment Law
In employment law, receipt requirement is significant for notices of termination, warnings, and other legally relevant notifications under employment law. These are often served in a verifiable manner by registered letter or personal delivery to ensure receipt and thus effectiveness.
Tenancy Law
In tenancy law, for example, terminations or rent increases are always declarations of intent that require receipt. Without receipt by the recipient, they have no effect.
Inheritance Law
In inheritance law, there is an exception: a handwritten will is a declaration of intent that does not require receipt and becomes effective upon issuance, without the need for receipt.
Corporate Law
Corporate notifications, such as resignation of membership, rescission, withdrawal, or the calling of meetings, also generally require receipt by the recipient.
Receipt and Proof
Forms of Receipt
Declarations requiring receipt can reach the recipient in various ways:
- Personal Delivery
- Postal Delivery (ordinary letter, registered mail, delivery certificates)
- E-mail or Fax – here, actual receipt in the recipient’s sphere of control is decisive.
Burden of Proof
As a rule, the sender of a receipt-dependent declaration bears the burden of proof that it was received by the recipient. In practice, secure means of delivery (such as registered mail with confirmation of receipt) are often chosen.
Receipt Requirement in the International Context
In private international law, it must be considered which jurisdiction determines the applicability of the receipt requirement and when receipt is deemed to have occurred. National provisions can have divergent requirements or deadlines in international legal transactions.
Summary and Significance
Die Receipt Requirement is a central element in German civil law and governs under what conditions declarations of intent and legally binding notifications become effective. Knowledge of the principles concerning receipt, burden of proof, and exceptions is essential for the legally secure drafting and execution of legal transactions.
References:
- German Civil Code (BGB), as of 2024
- Palandt, Commentary on the BGB
- MüKoBGB, Munich Commentary on the BGB
- BeckOK BGB, Online Commentary on the BGB
Frequently Asked Questions
What is the significance of the receipt requirement in civil law for the validity of declarations of intent?
In civil law, receipt requirement plays a central role for the validity of declarations of intent. According to § 130 para. 1 BGB, a declaration of intent requiring receipt only becomes effective upon receipt by the recipient. This means the declarant only assumes substantive and legal responsibility for their declaration when it has been received by the recipient in such a way that, under normal circumstances, it can come to their attention. Receipt requirement ensures that the recipient is able to respond to the declaration, to make preparations, or, if necessary, to object. It also provides protection against abrupt or unexpected legal consequences, because, for example, offers and acceptances only become effective when received. Separate rules for receipt apply to those present and absent. In essence, the receipt requirement prevents a person from being legally bound by a declaration of intent without having had the opportunity to become aware of its existence.
What are the legal consequences of late receipt of a declaration of intent requiring receipt?
If the receipt of a declaration of intent requiring receipt is delayed, it only becomes effective at the time it is actually received by the recipient, in accordance with § 130 para. 1 sentence 2 BGB. Delays may mean that the content of the declaration is no longer relevant to the recipient or that the declarant’s commitment has already expired in the meantime (e.g., pursuant to § 147 BGB regarding offers). Thus, in civil law, receipt has a constitutive effect: only actual receipt gives the declaration legal effect. If the delay is attributable to the declarant, for example due to addressing errors, then the declarant bears the risk of the delay. In the event of late acceptance, the original offeror may expressly or impliedly agree, according to § 150 para. 1 BGB, so that in certain circumstances a contract can still be concluded. Otherwise, the belated acceptance is regarded as a new offer.
Are declarations of intent requiring receipt effective when made to persons lacking legal capacity?
No, declarations of intent requiring receipt that are made to persons lacking legal capacity are generally invalid under the BGB, insofar as they are intended to have effect for or against the person lacking legal capacity (§§ 105, 131 BGB). Since according to § 104 BGB such persons cannot participate validly in legal transactions, a declaration cannot be received by them in a legally effective way. According to § 131 para. 1 BGB, in such cases the declaration must be made to the legal representative in order to take legal effect. This applies, for example, to minors under the age of seven or to persons who are permanently restricted in their freedom of will. Receipt by the person lacking legal capacity is insufficient even if that person is actually able to understand the declaration, as legal representation alone is decisive.
How is receipt of declarations of intent requiring receipt to absentees legally assessed?
For receipt to absentees, a declaration of intent is deemed to have been received when it has reached the recipient’s sphere of control in such a way that, under normal circumstances, knowledge may be expected. This means, for example, it must be placed in the mailbox, P.O. box, or on the recipient’s email server. What matters is not actual knowledge but the possibility of it. Receipt is often assessed individually, taking into account the general understanding of commerce and what can be reasonably expected of the recipient. If the recipient culpably delays taking note, this does not affect legal effectiveness. In the case of exceptional circumstances outside the recipient’s sphere of risk, receipt may legally be assumed at a later time. It is important to distinguish this from receipt in the presence of the recipient, where immediate comprehensibility is usually sufficient.
What role does receipt requirement play in unilateral legal transactions?
Unilateral legal transactions—such as terminations, revocations, or rescissions—are usually subject to the receipt requirement. The BGB distinguishes under § 130 between declarations of intent requiring and not requiring receipt. For unilateral legal transactions requiring receipt, the desired legal effect is only triggered upon receipt by the recipient. This ensures that the affected party can actually become aware of legal actions that concern them. Examples include termination of employment or withdrawal from a contract. Without receipt, the declaration is not effective even if made to third parties or authorities. For unilateral legal transactions not requiring receipt, such as a will, only the issuance of the declaration is relevant.
What statutory exceptions to the receipt requirement exist?
There are statutory exceptions in which declarations are expressly not subject to the receipt requirement. Such declarations become effective upon issuance, regardless of receipt by the addressee. The most prominent example is a handwritten will (§ 2247 BGB), which is effective upon creation and signature without the need for knowledge by a specific person. Other examples include public rewards (§ 657 BGB) or certain non-binding offers in the public domain. The exceptions are narrowly defined by statute to prevent abuse and maintain legal certainty in transactions. In all other cases, the receipt requirement remains the decisive precondition for the validity of a declaration of intent.
What risks does the declarant face if unable to prove receipt of a declaration of intent requiring receipt?
The receipt of a declaration of intent requiring receipt must be proven by the declarant in the event of a dispute. If the sender cannot prove receipt—such as with ordinary letters without delivery confirmation—they bear the risk of ineffectiveness. This may mean, for example, that a termination deadline is missed or a revocation has no legal effect. To avoid this, proof-positive delivery methods such as registered mail, couriers, or electronic confirmations are regularly used in practice. In case of dispute, it is decisive whether receipt actually took place and can be established with usual care. Because of the strict requirements for proof, a documented or verifiable delivery method is always advisable.
