Forfeiture is a term from the jurisprudence. It means in different countries different.

Legal linguistic usage in Germany

A right is incurred the loss, if the entitled one did not make it valid through longer time and the obligated one furnished itself on it and after the entire behavior of the entitled one also on the fact it were allowed to furnish itself that this will make the right also in the future not valid.

The forfeiture is not legally regulated in the German right, but their principles were developed by the iurisdiction from the general clause "§ 242 BGB (faithful and faith). Systematically it concerns a case of inadmissible exercise of rights because of contradictory behavior.

In order to accept the forfeiture of a right, it requires three conditions:

• Time moment, i.e. since the possibility of making the right valid must have elapsed a longer period. Which a "longer period" is, depends on the circumstances of the individual case.
• Dormant its of the entitled one concerning the penetration of the right.
• Circumstance moment, i.e. the obligated one adjusted themselves to it and were allowed to adjust itself to which did not entitle due to the created confidence facts its right valid any longer will make.

The forfeiture is to be considered a right-destroying objection and during the process officially.

From the forfeiture to to differentiate is the The latter is independent of the circumstance moment mentioned and in the process only on express objection is considered.

Legal linguistic usage in Switzerland

In Switzerland "forfeiture" designates the fall of a right due to the expiration of a "forfeiture period" (the similar periods are called in Germany set periods of exclusion).

One forfeiture period can be interrupted neither nor be restrained (refrained from completely rare exceptions). Certain forfeiture periods can be restored meanwhile.

From the legal text it is not evident necessarily whether it concerns at a certain period around a forfeiture or a period of limitation. Rather the sense of the law must be determined by interpretation. As rule of thumb, in particular in private law, apply that demands fall under the statute of limitations, all other rights can however to incurr the loss.

Forfeiture periods are considered to survey as "case of lawyer", since also for experienced lawyers the danger exists, such a period. This can lead to the fact that the lawyer becomes compensation requiring.

Literature

• Pierre Holzer: and forfeiture of the performance demands in the social security right, Diss. Fribourg, Zurich/Basel/Geneva 2005, ISBN 3725549907.
• Karl Spiro: The delimitation of private rights by forfeiture and fatal periods, volume II: Other stipulations of a time limit and rights, Berne 1975.

Articles in category "Forfeiture"

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