Time Waiver for Germany

Time Waiver Template for Germany

A Time Waiver agreement under German law is a formal legal document that modifies or extends statutory limitation periods or contractual deadlines between parties. This document, governed by German civil law (particularly the BGB), enables parties to agree on alternative timeframes for legal actions or obligations while ensuring compliance with German statutory requirements. The agreement must carefully balance the parties' autonomy to modify time limits with mandatory legal restrictions, particularly those under §202 BGB regarding limitation periods. It includes detailed provisions on the specific time periods being waived, the scope of the waiver, and necessary safeguards to ensure enforceability under German law.

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What is a Time Waiver?

The Time Waiver agreement is essential in German business and legal practice where standard statutory limitation periods or contractual deadlines need modification. This document type is particularly useful in complex commercial transactions, ongoing business relationships, or dispute resolution scenarios where parties require additional time flexibility. The agreement must be drafted in strict compliance with German civil law, particularly the German Civil Code (BGB), which sets specific restrictions on the modification of limitation periods. A Time Waiver typically includes detailed provisions about the affected time periods, scope of the waiver, and safeguards to ensure legal compliance. It's commonly used in scenarios involving complex due diligence processes, multi-party negotiations, or situations where parties need to preserve legal rights while continuing negotiations or business operations.

What sections should be included in a Time Waiver?

1. Parties: Identification of the parties entering into the time waiver agreement, including their legal status and addresses

2. Background: Context of the agreement, including reference to any underlying contracts or disputes

3. Definitions: Key terms used in the agreement, including specific time periods and legal concepts

4. Subject Matter of Waiver: Specific description of the time periods, deadlines, or limitation periods being waived

5. Scope of Waiver: Extent and limitations of the time waiver, including any specific claims or rights affected

6. Legal Compliance: Confirmation of compliance with German law, particularly BGB §202 and related provisions

7. Duration: Period for which the time waiver remains effective

8. Governing Law and Jurisdiction: Explicit statement of German law application and competent courts

What sections are optional to include in a Time Waiver?

1. Commercial Terms: Additional provisions specific to business-to-business relationships, required when parties are merchants under HGB

2. Cross-Border Provisions: Special provisions for international aspects, needed when agreement has cross-border implications

3. Severability: Clause ensuring partial invalidity doesn't affect entire agreement, recommended for complex waivers

4. Alternative Dispute Resolution: Provisions for mediation or arbitration, useful for complex commercial relationships

5. Notices: Formal requirements for communications between parties, important for complex ongoing relationships

What schedules should be included in a Time Waiver?

1. Schedule 1: Affected Time Periods: Detailed list of specific limitation periods, deadlines, or time limits being waived

2. Schedule 2: Related Agreements: List of underlying agreements or disputes to which the time waiver relates

3. Schedule 3: Authorized Representatives: List of persons authorized to act under the time waiver agreement

4. Appendix A: Timeline: Visual representation of affected time periods and new deadlines

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Waiver

Cost

Free to use
Relevant Industries

Financial Services

Insurance

Real Estate

Manufacturing

Professional Services

Construction

Technology

Healthcare

Retail

Energy

Transportation

Legal Services

Relevant Teams

Legal

Compliance

Risk Management

Corporate Governance

Business Development

Commercial Operations

Dispute Resolution

Corporate Secretariat

Legal Operations

Contract Management

Relevant Roles

Legal Counsel

Corporate Lawyer

Compliance Officer

Contract Manager

Risk Manager

Chief Legal Officer

Business Development Manager

Commercial Director

Claims Manager

Dispute Resolution Specialist

Corporate Secretary

General Counsel

Legal Operations Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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