The contradiction period designates the period, in which by collection of a contradiction it can be prevented that a certain legal consequence occurs.

Civil right

A tenant of a dwelling can contradict the notice avowed by two months before completion of the renting relationship within one period ("§ 574b exp. 2 BGB), if it the landlord referred in time before expiration of this term to the possibility of the contradiction as well as its form and period.

An employee, whose employer-employee relationship would turn into after a sales of the enterprise on the new entrepreneur, can contradict the transition within a monthly after entrance of the instruction over the operating transition ("§ 613a exp. 6 BGB)

Lastschriftverfahren

The contradiction period with debits by direct debit authorization amounts to in Germany six weeks. Within this time a contradiction without indication of a reason is possible. To details see debit

Statement of account with bank accounts

The customer must lodge a complaint false reservations (e.g. debits, which were made without order) in accordance with the AGB the bank within six weeks after entrance of the statement of account. Also after this period a correction can be required by false reservations, the burden of proof shifts then however to the customer.

Trademark law

In the trademark law contradiction can raise within one period from three months after the day of the publication of the entry of a mark of the owners of a mark announced in former times against the entry of the mark ("§ 42 Mark-closely).

Register right

Against the intended deletion of a falsely registered ship from the register contradiction is permissible within one from the authority to appropriate period which can be set, which must amount to at least three months, ("§ 21 SchRegO)

Administrative law

Concerned ones, which are weighted by the act of administration of an authority, can raise contradiction against this within a monthly starting from its publication and arrange thus the responsible authority to test the legal standard and the appropriateness of the decision (rules of the administrative court). Appropriate applies if the authority the decree of a desired act of administration (as for instance a permission) rejects.

About the right to object not or one did not instruct correctly, the act of administration remains long contestable one year and/or can be made valid so long on the right of or inappropriateness of malfunctioning (VwGO). The contradiction must be raised in writing or to the minute. Usually only legal means may be walked on after execution of the contradiction procedure.

Civil proceedings

In the judicial reminder procedure there is no genuine contradiction period. The respondent can raise rather against the requirement or a part of the requirement contradiction, as long as from the court no enforcement answer was ordered ("§ 694 Abs 1 ZPO). An enforcement answer can be requested however two weeks after feed, so that in the late-payment notice it is pointed out that a contradiction should be inserted within two weeks starting from the feed of the late-payment notice ("§ 692 exp. 1 No. 3 and 4 ZPO).

See also

• Forfeiture

Articles in category "Contradiction period"

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