Key legal question
Whether the statutory 8-day grace period under § 81(3) ZPO can be excluded by the judge when granting or refusing an extension.
Extracted holding
The grace period is a statutory deadline outside judicial discretion; if it is to be excluded, the court must state this expressly and unmistakably with reference to § 81(3) ZPO.
Extracted reasoning
After the last granted extension, the law itself grants the party an additional 8 days to perform the procedural act. The judge may grant a final extension and may also warn of procedural consequences, but those consequences arise by law and therefore require a clear order if the statutory grace period is to be withheld.