Who owes whom what — and who can prove it? The second question decides more often than the first.
Civil law is the broadest area of our work. From a purchase contract to a dispute with a tradesperson to liability after an accident, almost every case comes down to two questions: Does the claim exist? And who bears the burden of proof?
A claim you cannot prove is, in practice, no claim at all. That is why our work almost always starts with the documents: what was agreed in writing, what was documented, who was present.
Under a purchase contract, if the goods are defective the buyer is first entitled to subsequent performance (Nacherfüllung) — repair or replacement, as a rule at the buyer's choice. Only if this fails, is refused or is unreasonable do withdrawal, price reduction or damages come into consideration.
The order is decisive. Skip it and withdraw straight away, and you often lose on formal grounds — even though the defect was undisputed.
The warranty period is normally two years for movable goods and five for buildings. Where a consumer buys from a business, it is presumed in the buyer's favour that a defect appearing within the first year already existed on delivery — a considerable advantage that many people are unaware of and therefore do not use.
Under a contract for work, almost everything revolves around acceptance (Abnahme). With it, payment falls due, the burden of proof is reversed, and the warranty period begins. Acceptance can also occur tacitly — for instance through use without reservation. If there are defects, record them in writing before acceptance, not afterwards.
In a dispute over the work, independent evidentiary proceedings (selbstständiges Beweisverfahren) are often the more economical route than suing straight away: a court-appointed expert records the condition before it changes. The dispute frequently ends there, without a lawsuit.
Anyone claiming damages must set out breach of duty, loss, causation and, as a rule, fault. In practice, claims rarely fail on the law and often on the documentation. Photos, witnesses, prompt written complaints — what is secured in the first few days decides the case months later.
The standard limitation period is three years. However, it only begins at the end of the year in which the claim arose and you became aware of the circumstances. As a result, entire years' worth of claims become time-barred at once at the turn of the year.
If you have an outstanding claim from year X, December of year X+3 is not a good time for your first call.
The cheapest lawsuit is the one you never have to bring. We review and draft contracts and general terms and conditions so that they hold up in a dispute — which is more work than adopting a template from the internet. Invalid clauses fall away without replacement, and then the statute applies. That is almost never what the party using them intended.
Fees under the German Lawyers' Remuneration Act (RVG), based on the value of the matter, or under a fee agreement. Where the amount in dispute is low, we tell you openly if proceedings make no economic sense. Legal expenses insurance often covers this area.
When buying movable goods, normally two years from delivery (§ 438 Abs. 1 Nr. 3 BGB); for buildings, and for building materials that were incorporated into a building and caused its defect, five years (§ 438 Abs. 1 Nr. 2 BGB). Under a contract for work, the periods for goods and buildings begin with acceptance (§ 634a Abs. 1 Nr. 1 und 2, Abs. 2 BGB); otherwise the standard limitation period applies.
As a rule, no. The seller must first be given the opportunity of subsequent performance — repair or replacement (§ 439 BGB). Only if this fails, is refused, is unreasonable or a reasonable deadline expires without result do withdrawal, price reduction or damages come into consideration (§§ 323, 440 BGB). Where a consumer buys from a business, it is sufficient to notify the defect and wait a reasonable time (§ 475d BGB).
In principle, the buyer. Where a consumer buys from a business, however, a defect that becomes apparent within one year of delivery is presumed to have existed on delivery (§ 477 Abs. 1 BGB). For live animals, this presumption applies for six months only.
Yes, between private individuals an exclusion of warranty is in principle effective. It does not apply, however, if the seller fraudulently concealed a defect or gave a guarantee (§ 444 BGB).
The standard limitation period is three years (§ 195 BGB). It begins at the end of the year in which the claim arose and the creditor became aware of the relevant circumstances or would have become aware of them but for gross negligence (§ 199 Abs. 1 BGB). That is why many claims become time-barred together on 31 December.
Answers as of October 2026. They state the general statutory rule; individual cases may differ.
This text is a general overview and does not replace advice on your individual case. Which rules apply to your matter depends on circumstances that can only be clarified in a consultation.
