No reminder needed when the date was agreed

German law normally requires the creditor to send a reminder before the debtor is formally in default. But where the parties have fixed a performance date by the calendar, no reminder is required at all — § 286 Abs. 2 Nr. 1 BGB. Default begins the moment the date passes.

The Latin maxim is quoted in German textbooks: dies interpellat pro homine — the day admonishes in place of the man.

A German who agreed a date does not expect to be chased, and the law agrees with him.

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