Definition and significance of the suspension of commencement
Die suspension of commencement is a legal term from civil law, particularly from the field of limitation law. It describes situations in which the start of the limitation period for a particular claim is postponed by law. The suspension of commencement differs from the so-called suspension of expiry, which halts or extends an already running limitation period. The precise regulation and application of the suspension of commencement is set out in Germany primarily in the German Civil Code (BGB), but it also applies in other areas of law.
Legal foundations of the suspension of commencement
General overview of limitation law in the BGB
Limitation law is primarily regulated in Sections 194 et seq. of the BGB. Claims are generally time-barred after a certain period has elapsed, thereby restricting the possibility to enforce rights in court. The BGB distinguishes between the commencement (Section 199 BGB) and the expiry of the limitation period as well as specific grounds for suspension.
Regulation of the suspension of commencement in the BGB
The suspension of commencement is laid down in particular in Section 199 (1) and (3a) BGB as well as in special provisions. According to these, the regular limitation period begins at the end of the year in which the claim arose and the creditor became aware, or should have become aware without gross negligence, of the circumstances giving rise to the claim. Certain situations, however, lead to the postponement of the start of the limitation period.
Examples of statutory suspension of commencement:
- Section 199 (1) no. 2 BGB: The limitation period does not begin before the claim has arisen and the creditor is aware of the circumstances (or should have been aware without gross negligence).
- Section 208 BGB: For claims against a minor or a person under legal guardianship, the limitation period commences at the earliest at the end of the respective protected period.
- Section 210 BGB: Where limitation periods concern persons whose capacity to make decisions is restricted (for example, minors without a legal representative), the period begins at the earliest with the removal of the restriction.
Purpose and function of the suspension of commencement
Protection of disadvantaged groups
The suspension of commencement serves to protect the interests of creditors, particularly when they are unable to assert their claim in time due to factual or legal reasons. Typical cases include minors, persons under supervision, or situations where the creditor has no knowledge of their claim.
Ensuring substantive justice
Through the suspension of commencement, inadvertent ignorance or exceptional personal situations on the part of the creditor are prevented from leading to the loss of material claims. In particular, it achieves a balance with debtor protection due to the general limitation obligation and thus guarantees a fair balancing of interests.
Distinction from the suspension of expiry
In contrast to the suspension of commencement, the suspension of expiry (Sections 203 et seq. BGB) relates to situations where the limitation period has already begun to run but its expiry is suspended, such as through negotiations between creditor and debtor or force majeure. The suspension of commencement exclusively concerns the start time of the period and postpones it.
Areas of application for the suspension of commencement
Minors and persons under guardianship
According to Section 207 BGB, the limitation of claims against minors or persons under guardianship is suspended until the legal representative is capable of acting or the guardianship ends. The periods therefore only begin after the person comes of age or the guardianship ends.
Ignorance of the creditor
Section 199 (1) BGB provides that the regular limitation period only begins when the creditor has knowledge (or grossly negligent ignorance) of the relevant facts. As a result, the suspension of commencement becomes relevant in cases of so-called “hidden claims,” such as in tortious acts or concealed defects.
Selected special provisions
- Inheritance law: Suspension of commencement often applies when the entitled person, for example in the case of compulsory share claims, only becomes aware of the inheritance event and the limitation period thus starts running.
- Partnership and family law: There are also specific provisions for the suspension of commencement in family law matters, for instance in connection with maintenance claims.
Case law and legal literature on the suspension of commencement
The courts continually specify the statutory provisions on the suspension of commencement. For instance, the requirements for gross negligence regarding ignorance on the part of the creditor and the conditions for the application of Sections 207 to 210 BGB have been clarified in individual cases. In legal literature, the suspension of commencement is discussed in detail, particularly in relation to limitation and the suspension of expiry.
International references and comparison
Comparable mechanisms for the suspension of commencement are found in international private law, for example in other European legal systems or in the UN Convention on Contracts for the International Sale of Goods. However, the specific grounds and periods for suspension often vary considerably.
Conclusion
Die suspension of commencement is a central component of German limitation law and primarily serves to protect claim holders who are prevented from asserting their rights through no fault of their own. It ensures that the limitation period begins in a just and appropriate manner. With detailed knowledge of the respective statutory provisions and the relevant case law, the suspension of commencement can have a significant impact on the effective enforcement of claims in civil law.
Frequently asked questions
Which legal principles govern the suspension of commencement in Germany?
The suspension of commencement is governed in German law particularly in connection with the statute of limitations. The relevant provisions are found mainly in Sections 199 et seq. of the German Civil Code (BGB). There, both the commencement and suspension or interruption of limitation periods are regulated in detail. For special fields such as tax law, there are supplementary regulations, particularly the Fiscal Code (AO), for example Section 170 AO for the commencement of tax proceedings, but also the Social Code (SGB) and the Commercial Code (HGB) contain specific provisions. The suspension of commencement ensures that the limitation period does not begin under certain circumstances as long as a particular legal or factual condition exists. Particularly significant in this regard is also the case law of the Federal Court of Justice (BGH) and the specialist courts, which contribute to the practical application through their interpretation of the relevant laws. In summary, the legal basis for the suspension of commencement can be found both in the BGB and in various special laws, as well as the associated case law.
In which cases does the suspension of commencement under Section 199(1) BGB not apply?
The suspension of commencement pursuant to Section 199(1) BGB does not apply in all cases. Generally, the legislator stipulates that the regular limitation period only begins at the end of the year in which the claim arose and the creditor became aware or should have become aware, without gross negligence, of the circumstances giving rise to the claim and the identity of the debtor. However, if the specific prerequisites for suspension of commencement are not met, for example where the creditor has already acquired all the necessary knowledge and no other grounds for suspension exist, the limitation period commences normally without delay. The suspension of commencement also does not apply in cases where special bases for claims (e.g. family law, commercial law, or tort claims) provide different, often stricter provisions for the start of the limitation period. It is advisable to carefully check in each individual case whether a statutory suspension of commencement is even relevant.
What role does the knowledge of the creditor play in the suspension of commencement?
The creditor’s knowledge is a central aspect of the suspension of commencement, especially in determining when the limitation period begins. According to Section 199(1) no. 2 BGB, the regular limitation period commences only at the end of the year in which the creditor learned of the facts establishing the claim and the identity of the debtor or should have learned of them without gross negligence. The legal assessment of this knowledge is often decisive, especially when there is uncertainty about when the creditor actually learned of a claim and the debtor. In practice, grossly negligent ignorance is also considered, so that the suspension of commencement cannot have unlimited effect. Courts carefully examine the specifics of the information available and whether reasonable inquiries were omitted.
Are there special suspensions of commencement in tax law and how are they regulated?
Tax law provides in Section 170 (2) no. 1 AO a special form of suspension of commencement: For tax claims for which a tax return must be submitted, the limitation period generally begins only when the tax return is filed or—if it is not filed at all—at the end of the third calendar year following the year in which the tax was incurred. The suspension of commencement ensures that especially tax evasion and late tax returns cannot be sanctioned by the passage of time alone, without the tax authorities being able to determine the tax. Additional special rules apply to inheritance and gift tax as well as to VAT. These tax provisions primarily serve the state’s interests in liability and safeguarding and differ in part substantially from the general civil law rules.
To what extent can the suspension of commencement be influenced by contractual agreements?
In German law there is basically freedom of contract. However, agreements regarding the suspension of commencement are limited by statutory provisions. The parties to an obligation may, to a certain extent, agree deviations regarding the start of limitation, such as through suspensions of expiry (standstill agreements, moratoria, etc.). A complete exclusion or extension of the statutory suspension of commencement is only permissible within the limits set by law, since it often serves the protection of the debtor and legal certainty. In consumer contracts, the room for maneuver is very limited (Section 202 BGB). Agreements that inappropriately delay or shorten the limitation period to the detriment of the consumer are invalid. In commercial law and among merchants, there are broader options for structuring agreements. Every contractual deviation should be reviewed for its compliance with mandatory protective provisions.
How does the suspension of commencement affect the burden of proof in court proceedings?
The suspension of commencement affects the burden of proof in court in that the party relying on the expiry of the limitation period—usually the debtor—must prove that the period began and has already expired. Conversely, the creditor invoking suspension of commencement must set out and, in case of dispute, prove that the conditions for suspending the start of the period were indeed met; for example, that they had no knowledge of the facts giving rise to the claim or the identity of the debtor. Since knowledge is regularly an internal fact, the creditor benefits from certain alleviations under the rules of secondary burden of proof; the debtor, on the other hand, can contest this presentation in detail. As a result, it is common in practice for evidence to be taken on the circumstances and timing of when knowledge was obtained.
