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- K.P. Hansen.
- Déjà-vu – Der Gespiele des Richters - Teil 1 und 2 [Gay] (German Edition).
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The contract conditions referred to in sentence 2, Nos 1 to 4, must be confirmed in writing to the borrower at the latest after the borrower has taken up the loan for the first time. During the period in which he has taken up the loan the borrower must also be informed of any alteration in the annual rate of interest. The confirmation under sentence 3 and the notice under sentence 4 may also be in textual form; it suffices if they are indicated on a bank statement. Nicht angegebene Kosten werden vom Darlehensnehmer nicht geschuldet.
The borrower does not owe any charges not indicated. Agreed instalments must be recalculated by reference to the reduced interest rate or charges. If there is no indication of conditions under which the price determining factors may be altered, they may not be altered to the detriment of the borrower. If there is no indication regarding securities, they may not be demanded; this does not apply if the net loan amount exceeds Euro 50 The necessary notification of the right of revocation must refer to the legal consequence under sentence 1.
Der Darlehensnehmer kann vom Darlehensgeber jederzeit die Herausgabe eines Wechsels oder Schecks, der entgegen Satz 1 oder 2 begeben worden ist, verlangen. The lender may not accept a cheque from the borrower in order to secure his claims arising under the consumer loan contract. The borrower may at any time demand that the lender surrender a bill of exchange or cheque that has been issued in breach of sentence 1 or 2 above. The lender is liable for any loss which the borrower incurs as a result of the issue of such a bill of exchange or cheque.
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In the case of the latter contracts the default interest rate per annum is 2. In individual cases the lender may prove that the loss was greater or the borrower may prove that the loss was less. The lender may not refuse part payments. Sentences 1 to 4 do not apply in so far as payments are made in response to an instrument authorising execution which primarily relates to a claim for interest.
At the latest when he fixes that period, the lender is to offer to the borrower an opportunity to discuss the possibility of an agreed solution. Der Angabe eines Barzahlungspreises und eines effektiven Jahreszinses bedarf es nicht, wenn der Unternehmer nur gegen Teilzahlungen Sachen liefert oder Leistungen erbringt. Ist ein Barzahlungspreis nicht genannt, so gilt im Zweifel der Marktpreis als Barzahlungspreis. The indication of the cash price and of the annual percentage rate of charge is unnecessary if the businessperson supplies the goods or other performance only upon instalment payment terms.
Notwithstanding a defect under sentence 1, the instalment payment transaction becomes valid if the thing is handed over to the consumer or the performance made to him. However, if the instalment payment price or the annual percentage rate of charge is not indicated, the maximum rate of interest on the cash price is the statutory rate of interest. If a cash price is not indicated, the market price is deemed to be the cash price in case of doubt. The provision of security cannot be required if no indication has been given in that regard. If the indicated annual percentage rate of charge or initial annual percentage rate of charge is indicated as lower than the actually stipulated rate, the instalment payment price is reduced by the percentage amount by which the indicated annual percentage rate of charge or the initial annual percentage rate of charge is lower than the actually stipulated rate.
Der Verbraucher hat dem Unternehmer auch die infolge des Vertrags gemachten Aufwendungen zu ersetzen.
The consumer must compensate the businessperson also for the expenditure incurred under the contract. When calculating compensation for the benefits of a thing to be returned, account must be taken of the reduction in value that has since occurred.
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If the businessperson takes back the thing delivered under the instalment payment transaction, that is deemed to be the exercise of the right of termination, unless the businessperson agrees with the consumer to compensate the latter for the usual sales value of the thing at the time it is taken away. Der Unternehmer hat dem Verbraucher den Vertragsinhalt in Textform mitzuteilen.
Sentence 1 does not apply if the customer is given an opportunity to retrieve and save in reproducible form the conditions of the contract including standard business terms incorporated in it upon conclusion of the contract. The businessperson must supply the contract to the consumer in textual form.
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The borrower is bound to pay remuneration for the loan and, on the due date, to return what he has received in things of the same kind, quality and quantity. Einem Sachmangel steht es gleich, wenn der Unternehmer ein anderes als das bestellte Werk oder das Werk in zu geringer Menge herstellt. In so far as the quality is not agreed, the work is free of defects as to quality. If the contractor produces work different from the work ordered or work of a lesser amount than that ordered, that is equivalent to a defect as to quality.
However, in the case of subsection 1 , No 2, claims are not time-barred before the expiry of the period there specified. If he makes use of that right, the contractor may terminate the contract. Nor does a period have to be fixed if supplementary performance has been unsuccessful or is unreasonable for the customer. Der Abnahme steht es gleich, wenn der Besteller das Werk nicht innerhalb einer ihm von Unternehmer bestimmten Frist abnimmt, obwohl er dazu verpflichtet ist.
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Acceptance may not be refused on account of immaterial defects. A failure by the customer to accept the work within a period of time specified by the contractor even though he is under an obligation to do so has the same effect as an acceptance of the work. If the work is to be delivered in parts and the remuneration is specified for the individual parts, the remuneration is to be paid for each part when it is accepted.
If the customer has given the third person security in respect of possible defects in the work, this applies only if the contractor gives the customer security of a corresponding amount. Der Gutachter wird vom Unternehmer beauftragt. It is presumed that a calculation of areas or volumes or a calculation based on an hourly rate on which the contractor has based his invoice are correct if the expert confirms this in the completion certificate. The expert is appointed by the contractor. He is under a duty to him and to the customer of the work on which he is to give his opinion to issue the certificate impartially and to the best of his knowledge and belief.
The question whether the work is free of defects is to be determined by the expert in accordance with a written contract which the contractor must present to him. Amendments to that contract are to be taken into account only if they are agreed in writing or submitted to the expert in the same terms by the parties to the contract.
If the contract does not indicate particulars, generally accepted technical rules are to be applied. Defects asserted by the customer are not considered in the issuing of the certificate if they were raised only after the conclusion of the inspection. If he refuses to allow the inspection, it is presumed that the work to be inspected has been produced in accordance with the contract; the certificate under subsection 1 above is to be issued.
With respect to time limits, interest and the passing of risk, the certificate takes effect only when received by the customer. If the customer is in default through his non-acceptance of the work, the risk passes to him. The contractor is not liable for any accidental loss or accidental deterioration of material supplied by the customer.
If the work has not yet been completed, he may demand the grant of the charge as security for a part of the remuneration proportionate to the labour performed and for expenses not included in the remuneration. It is to be regarded as sufficient even if the giver of security reserves the right, in the event of a material deterioration in the financial circumstances of the customer, to revoke his promise as regards claims for remuneration for building work which the contractor has not yet performed when the declaration of revocation is received.
If, by virtue of those provisions, the contract is deemed terminated, the contractor may also claim compensation for the loss which he has incurred as a result of his reliance on the validity of the contract. The same applies if the customer terminates at or around the time of the demand for security under subsection 1 above, unless the termination was not declared in order to avoid the provision of security.
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Der Vertrag darf nicht mit dem Antrag auf Hingabe des Darlehens verbunden werden. Der Darlehensvermittler hat dem Verbraucher den Vertragsinhalt in Textform mitzuteilen. The contract must not be linked to the application for the grant of the loan. The loan broker must notify the consumer in textual form of the terms of the contract. Die Vorschriften dieses Untertitels finden auch Anwendung, wenn sie durch anderweitige Gestaltungen umgangen werden. The provisions of this sub-title apply even if they are circumvented by other arrangements.
Allgemeiner Teil Abschnitt 5: Verpflichtung zur Leistung Abschnitt 2: Besondere Vertriebsformen Untertitel 3: Einseitige Leistungsbestimmungsrechte Titel 2: Gegenseitiger Vertrag Titel 5: Kauf, Tausch Untertitel 1: Allgemeine Vorschriften Untertitel 2: Besondere Arten des Kaufs Kapitel 1: Kauf auf Probe Kapitel 2: Finanzierungshilfen zwischen einem Unternehmer und einem Verbraucher Untertitel 3: Darlehensvermittlungsvertrag zwischen einem Unternehmer und einem Verbraucher Titel General Part Section 5: Matters subject to limitation and the limitation period Title 2: Suspension, suspension of expiration and recommencement of the limitation period Title 3: Legal consequences of limitation Book 2: Law of Obligations Section 1: Subject matter of obligations Title 1: Obligation to perform Section 2: Shaping contractual obligations by means of standard business terms Section 3: Contractual obligations Title 1: Creation, subject matter and cessation Sub-title 1: Particular forms of marketing Sub-title 3: Adaptation and cessation of contracts Sub-title 4: Unilateral rights to specify performance Title 2: Synallagmatic contracts Title 5: Termination and right of revocation and of return in consumer contracts Sub-title 1: Right of revocation and of return in consumer contracts Section 8: Particular kinds of obligations Title 1: Sale, exchange Sub-title 1: General provisions Sub-title 2: Special types of sale Chapter 1: Sale on approval Chapter 2: Sale of consumer goods Sub-title 4: Time-share agreements Title 3: Be the first to review this item Amazon Best Sellers Rank: I'd like to read this book on Kindle Don't have a Kindle?
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