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Certain types of actions' limitations have statutory provisions so as to be explicitly extensible by judicial discretion, such as those on personal injury, defamation, or death.

Other specific conditions apply generally to limitations, such as fraud, concealment, or mistake on the part of the defendant, or legal incapacitation (such as being in a coma), or infancy of the plaintiff/claimant.

Other (common-law) doctrines, still, apply to the interpretation and application of limitations, such as the non-counting of a day on which the cause accrues, or that of it not being seen as equitable for the limitation to be deemed to expire if the natural end of it would fall on a weekend or other day for which the courts are closed, such that it would not be possible for the claimant to bring the claim, although I think some of these may have also become explicitly subsumed under statutes.

However, what would be the position in case, through no fault of the claimant's own, and yet also no fault of the defendant's, the claimant were to be prevented, either by an act of god or by that of a third party, from bringing their claim. Are there any doctrines that could save such a claim, where the limitation principle could be disapplied (such as perhaps on an equitable basis, for example)?

user80346
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1 Answers1

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Very limited

The Statute of Limitations automatically stays for a civil claim in certain enumerated cases under § 209 BGB. The enumerated conditions are

  • Negotiating the claim - § 203 BGB
  • Prosecution or filing of a case - § 204 BGB
  • during a stay of payments - § 205 BGB
  • Force Majeure - § 206 BGB
  • Between married partners during the marriage for certain claims, and other similar close relations - § 207 BGB
  • Rape - § 208 BGB

As such, we might look at the Force Majeure variant. The relevant latin here is the principle of agere non valenti non currit praescriptio - If the one aggrieved can not sue, then the statute of limitations shall not cut against him. This principle is for example applied in cases where the target party goes insolvent: the claim for the money can be extended during certain steps of the insolvency filing as you can not claim money from the target in those, and this stay of the statute of limitations can be either §205 BGB or §206 BGB "Force Majeure".

So let's name the parties: Alice has 2 years to handle her case against Bob for selling her a defective book. Charly abducts Alice a week before the deadline and releases her a week later. So if the court applies Force Majeure, then that does not make the kidnapper Charly liable for the defective book, it simply extends the time frame for Alice to bring her claim against Bob, as if she never was kidnapped and that two-week period she was abducted never existed. So the proper deadline now is 2 years and 2 weeks after the purchase, and Alice has one week left to file her claim.

Trish
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