forbearance
noun · Stundung
Stundung when a creditor grants time, Stillhalten for a standstill, Nachsicht for indulgence in the everyday sense, and forbearance as consideration has no German role at all, § 311 Abs. 1 BGB needs none. Unterlassung is the wrong drawer, that is forbearance in the sense of simply not acting, a different institution.
Which translation, when
Why
Forbearance is a creditor holding back, and German splits it by what the creditor actually does. Granting more time is die Stundung, the Fälligkeit postponed while the debt itself stands, distinct from the Erlass that extinguishes it, § 397 BGB. A collective agreement not to enforce is das Stillhalteabkommen, the restructuring standstill. Everyday indulgence, a creditor simply not pressing, is Nachsicht, and if it goes on long enough it can harden into Verwirkung, § 242 BGB, forbearance turning into forfeiture of the very right. What forbearance is not, in the English contract-theory sense, is a species of consideration, because German contracts need no consideration, § 311 Abs. 1 BGB, so forbearance to sue as good consideration translates a doctrine with no German counterpart, the promise binding on agreement regardless. And Unterlassung is the other drawer, forbearance as the content of a duty not to act, § 241 Abs. 1 BGB, which has nothing to do with a creditor’s indulgence. So forbearance routes by the creditor’s actual conduct, and the consideration sense simply drops out of the German text.
Typical mistakes
- Forbearance as consideration has no German role, § 311 Abs. 1 BGB binds without it, so forbearance to sue as good consideration translates a doctrine German law does not run.
- Granting time is die Stundung, the due date moved while the debt survives, not the Erlass that cancels it, § 397 BGB, so the two must not merge in a workout.
- Long indulgence has a German consequence, sustained Nachsicht can become Verwirkung, § 242 BGB, and the right is lost, so forbearance is not always cost-free to the creditor.
What matters
Restructuring letters translate by the creditor’s move: granting the borrower more time is eine Stundung, the claim surviving with a later due date, and a multi-creditor pause is ein Stillhalteabkommen, while sustained informal Nachsicht risks Verwirkung, § 242 BGB. The clause offering forbearance as consideration has imported a doctrine the BGB never needed, and binds on agreement alone.
What the machine misses
Forbearance comes back as Nachsicht or Unterlassung in machine output regardless of what the creditor did, and German wants the specific move, die Stundung for granted time, das Stillhalteabkommen for a standstill. The consideration sense is the invisible loss, English contract theory treats forbearance as consideration and German has no consideration to treat, so the translated clause offers a bargain element the BGB does not recognise, and the contract binds on agreement alone.
Examples
| to grant forbearance | eine Stundung gewähren |
| a forbearance agreement | ein Stillhalteabkommen |
| forbearance to sue | die Nichtgeltendmachung der Forderung |
| creditor forbearance | die Nachsicht des Gläubigers |
More notes on these sections
misrepresentation arglistige Täuschung
good faith Treu und Glauben
fiduciary duty Treuepflicht