Höhere Gewalt im Verjährungsrecht

‘He is late? But it’s not his fault; it was an act of God.’ But what is ‘force majeure’? What is an ‘act of God’? Of course, these common terms have been precisely defined in jurisprudence, but the German term ‘höhere Gewalt’ has two differing definitions.
This book analyses the legal term ‘vis maior’ in terms of its roots, evolution and derivates, especially the current uses and definitions of ‘höhere Gewalt’ in liability law and concerning statutes of limitation. It compares the uses of the term and alternative solutions to similar legal questions in different fields of law and different legal systems, for example those in Germany, England, France and Europe. The book explains why the use of ‘force majeure’ is inappropriate regarding the exculpation of failure to observe a statute of limitations, and suggests restating the statute in § 206 of the German civil code and similar legal regulations.
The author is a judge at the regional court in Flensburg, dealing with civil proceedings of first and second instance.