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=U3= Sec203 -- Section 203 Suspension of limitation in the case of negotiations
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=S=> BGB 203 If negotiations between the obligor and the obligee are in progress in respect of the claim or the circumstances giving rise to the claim , the limitation period is suspended until one party or the other refuses to continue the negotiations . The claim is statute-barred at the earliest three months after the end of the suspension .
=U3= Sec204 -- Section 204 Suspension of limitation as a result of prosecution of rights
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=S=> BGB 204. 1 The limitation period is suspended by : the bringing of an action for performance or for a declaration of the existence of a claim , for the grant of an execution clause or for the issue of an order for execution , the service of an application in the simplified procedure for the maintenance of minors , the service of a demand for payment in summary proceedings for recovery of debt or of the European order for payment in the European order for payment procedure in accordance with Regulation ( EC ) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure ( OJ EU L 399 p . 1 ) , arranging for notice to be given of an application for conciliation filed with a conciliation body established or recognised by the Land justice administration authority or , if the parties seek conciliation in mutual agreement , with any other conciliation body which settles disputes ; if notice is arranged to be given shortly after the filing of the application , the limitation period is suspended immediately once the application is filed , the assertion of a set-off of a claim in a legal action , the service of a third-party notice , the service of an application for evidence to be taken in independent proceedings , the beginning of agreed expert opinion proceedings , the service of an application for an attachment order , an interim injunction or an interim order , or , if the application is not served , the filing of the application if the order for attachment , the interim injunction or the interim order is served on the obligor within one month of its being pronounced or of its service on the obligee , the filing of a claim in insolvency proceedings or in proceedings for the distribution of assets under maritime law , the beginning of arbitration proceedings , the filing of an application with a public authority , if the admissibility of the action depends on a preliminary decision by this authority and the action is brought within three months after the application has been disposed of ; this applies with the necessary modifications to applications required to be made to a court or a conciliation body referred to in no . 4 above , whose admissibility is subject to a preliminary decision by an authority , the filing of an application with the higher court , if the higher court must decide upon the court with jurisdiction over the claim and the action is brought within three months after the application has been disposed of , or the application for which a decision on jurisdiction is necessary is filed , and arranging for notice to be given of the first application for the grant of legal aid or procedural costs assistance ; if notice is arranged shortly after the filing of the application , the suspension of the limitation period takes effect immediately when the application is filed .
=S=> BGB 204. 2 Suspension under subsection ( 1 ) above ends six months after the final and absolute decision in the proceedings commenced , or after they end in another way . If the proceedings come to a standstill because the parties do not prosecute them , the date of the last act in the proceedings by the parties , the court or other body responsible for the proceedings takes the place of the date when the proceedings end . Suspension commences again if one of the parties continues the proceedings .
=S=> BGB 204. 3 Sections 206 , 210 and 211 apply with the necessary modifications to subsection ( 1 ) , nos . 9 , 12 and 13 above .
=U3= Sec205 -- Section 205 Suspension of limitation in the case of a right to refuse performance
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=S=> BGB 205 Limitation is suspended for as long as the obligor , under an agreement with the obligee , is temporarily entitled to refuse performance .
=U3= Sec206 -- Section 206 Suspension of limitation in case of force majeure
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=S=> BGB 206 Limitation is suspended for as long as , within the last six months of the limitation period , the obligee is prevented by force majeure from prosecuting his rights .
=U3= Sec207 -- Section 207 Suspension of limitation for family and other reasons
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=S=> BGB 207. 1 The limitation of claims between spouses is suspended for as long as the marriage continues . The same applies to claims between civil partners for as long as a civil partnership exists , parents and children and the spouse of one parent and the children of that spouse while the children are under age , a guardian and his ward for the duration of the guardianship , a person placed under the care of a custodian and his custodian for the duration of a care relationship , and a person subject to curatorship and his curator for the duration of the curatorship . The limitation of claims of a child against a legal adviser in litigation proceedings is suspended during the period when the latter is acting as a legal adviser .
=S=> BGB 207. 2 Section 208 remains unaffected .
=U3= Sec208 -- Section 208 Suspension of limitation in the case of claims for infringement of the right to sexual self-determination
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=S=> BGB 208 The limitation period of claims for infringement of the right to sexual self-determination is suspended until the obligee reaches the age of twenty-one . If , when the limitation period commences , the obligee in respect of claims for infringement of the right to sexual self-determination is living with the obligor in a common household , limitation is suspended until this common household ends .
=U3= Sec209 -- Section 209 Effect of suspension
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=S=> BGB 209 A period in which limitation is suspended is not included in the calculation of the limitation period .
=U3= Sec210 -- Section 210 Suspension of expiry of the limitation period in the case of persons without full capacity to contract
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=S=> BGB 210. 1 If a person incapable of contracting or with limited capacity to contract has no legal representative , a limitation period to his benefit or detriment does not end until the expiry of six months after the time when the person acquires unlimited capacity to contract or the lack of representation is remedied . If the limitation period is shorter than six months , the period specified for limitation takes the place of the period of six months .
=S=> BGB 210. 2 Subsection ( 1 ) does not apply to the extent that a person with limited capacity to contract is capable of suing and being sued .
=U3= Sec211 -- Section 211 Suspension of expiry in matters relating to estates
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=S=> BGB 211 A claim that is part of or directed against an estate does not become statute-barred until at least six months have passed from the time when the inheritance is accepted by the heir or when insolvency proceedings in respect of the estate are commenced or when the claim can be asserted by or against an agent . If the limitation period is shorter than six months , the period specified for limitation takes the place of the period of six months .
=U3= Sec212 -- Section 212 Recommencement of the limitation period
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=S=> BGB 212. 1 The limitation period recommences if the obligor acknowledges the claim towards the obligee by part payment , the payment of interest , the provision of security or in another way , or a judicial or official act of execution is undertaken or applied for . BGB 212. 2 The recommencement of the limitation period as a result of an act of execution is considered not to have occurred if the act of execution is cancelled on the application of the obligee or as the result of a failure to comply with the statutory requirements . BGB 212. 3 The recommencement of the limitation period as a result of an application for an act of execution is considered not to have occurred if the application is not granted or is withdrawn before the act or the act of execution obtained is cancelled under subsection ( 2 ) above .
=U3= Sec213 -- Section 213 Suspension , suspension of expiry and recommencement of limitation in the case of other claims
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=S=> BGB 213 The suspension , suspension of expiry and recommencement of the limitation period also apply to claims which are available , for the same reason , either in addition to the claim or instead of the claim .
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