DiKE § 1489a ABGB im System des liechtensteinischen Verjährungsrechts

§ 1489a of the Liechtenstein ABGB regulates the statute of limitations for compensation claims related to the provision of financial services by a financial intermediary approved by the FMA. This provision is of great practical importance, especially in the financial center of Liechtenstein. § 1489a ABGB is to be classified as a lex specialis in relation to the general statute of limitations for compensation claims outlined in § 1489 ABGB. Instead of the usual 30 years in Liechtenstein tort law (§ 1489 ABGB), § 1489a ABGB establishes an absolute period of 10 years. The material and personal scope of this provision is difficult for legal practitioners to grasp, particularly regarding what is encompassed by the term 'financial service transaction.' This dissertation presents a practice-oriented and comprehensive explanation of the application of § 1489a ABGB. The special statute of limitations solution in § 1489a ABGB is examined in relation to the question of unifying the limitation periods for compensation claims. The view presented here argues that a good, i.e., just, statute of limitations system must differentiate. The findings of this work indicate a partial need for reform in Liechtenstein's statute of limitations law, particularly concerning the compensation claims of the ABGB. The investigation culminates in a corresponding proposal for a new legislative wording of § 1489 ABGB.