The interruption is a technical term from the jurisprudence. By the interruption of a period this begins to run again.

Switzerland

Private law

The interruption of the periods of limitation is for Swiss private law into the kind 135 FF. OR regulated:

If a so-called interruption reason is present, then the period of limitation begins to run in accordance with kind 137 exp. 1 OR from new to. Interruption reasons are, so kind 135 OR, on the one hand an acknowledgment of the debt by the debtor, on the other hand in addition, by a qualified asserting of the requirement by the creditor.

Public right

The public right does not know general regulations over the thus also the interruption is not anywhere generally regulated. Nevertheless it is almost undisputed that also public periods of limitation can be interrupted. Most authors demand a similar application of the regulations under private law for interruption (kind 135 FF. OR, see above). In order the special character of public requirements, which are entitled to a particular in relation to the state, calculation to carry, it is represented that in the public draws right each unmistakable report of of the private creditor to the administration that it wants to hold to its requirement, an interruption of the

Criminal law

In accordance with the new regulationregulation regulations in the criminal law the period for the of the prosecution cannot be interrupted any longer (see kind 70 StGB). The of a precipitated punishment is interrupted by the execution and by each action of the authority, which the enforcement is incumbent on, directed toward enforcement of the punishment, (kind 75 exp. 2 StGB).

Dogma tables meaning

Since can be interrupted contrary to forfeiture periods, it can from the answer to the question whether a certain period can be interrupted or not, is deduced, whether it concerns at the period concerned around a or one forfeiture period. In the public right it acts during the interruption around the only practical difference between the two kinds of periods.

Literature

• Stephen Vth Berti kind 127-142 OR (inhabitant of zurich comment), 3. Aufl. Zurich 2002, ISBN 3725543372.
• 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, 2 volumes, Berne 1975.

Germany

In the criminal law the interruption of the is regulated in StGB. In the civil law however the term of the "“interruption"” was replaced in the context of the reorganization of the regulationregulation regulations by the law of contract modernization by the more applicable term of the new beginning of the (see BGB).

Articles in category "Interruption (right)"

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