Payment Law - Zvg

Original Language Title: Zahlungsverzugsgesetz – ZVG

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50. federal law, which amalds the general civil code, the corporate code, the labor law and social justice law, the law on rental law, the law on consumer credit and the law on consumer protection (law of payment default- ZVG)

The National Council has decided:

Article 1

Amendment of the general bourgeois code

The General Civil Code, JGS No. 946/1811, as last amended by the Federal Law BGBl. I n ° 58/2010, is amended as follows:

1. § 905 is amended as follows:

(a) In paragraph 1, the second sentence shall be:

"For the measure and the weight, the place of fulfillment is decisive.";

(b) the previous paragraph 2 is deleted, and the previous paragraph 3 is replaced by the sales designation "(2)" .

2. The previous § 905a is moved behind the new § 907a and receives the paragraph designation " § 907b. " .

3. The previous § 905b will receive the paragraph " § 905a. " .

4. In accordance with § 907 the following § 907a is inserted:

" § 907a. (1) A financial liability shall be fulfilled at the place of residence or in the establishment of the creditor by passing the amount of money there or by transfer to a bank account disclosed by the creditor. If, after the establishment of the claim, the residence or establishment of the creditor or its bank account has changed, the creditor shall bear an increase in the risk and the costs of fulfilling it.

(2) If a financial debt is fulfilled by bank transfer, the debtor shall give the transfer order in time to the creditor's account that the amount due shall be valuated on the account of the creditor. If the maturity date is not already determined in advance, but the due date is only triggered by the provision of the consideration, invoicing, payment request or a similar circumstance, the debtor has the Transfer the transfer order without unnecessary delay after entry of the relevant circumstance for the due date. The debtor shall bear the risk of the delay or the failure to accept the credit on the creditor's account, insofar as the reason for this is not at the bank of the creditor. "

5. The following sentence is added to § 1100:

"In the case of the room rent, the interest shall be paid monthly, in each case on the fifth of the month."

6. The following sentence is added to § 1417:

"For the payment period in case of payment of a financial debt by bank transfer, § 907a para. 2."

7. In § 1420, the staple citation "(§ 905)" by the citing quote "(§ 905, § 907a para. 1)" replaced.

8. § 1503 is amended as follows:

a) The previous text will receive the sales designation "(1)" ;

(b) the following paragraph 2 is added:

" (2)

1. § § 905, 907a, 1417 and 1420 in the version of the payment default act, BGBl. I n ° 50/2013, as well as the amendment of the section designation of the previous § 905a in § 907b and the previous § 905b in § 905a by this Federal Act will enter into force on 16 March 2013. The above-mentioned provisions are to be applied in the version of the payment default law to legal relationships, which will be based on the date of 16 March 2013. In the case of legal relationships established before 16 March 2013, the provisions to date shall continue to apply; however, if such previously justified legal relationships provide for repeated cash benefits, the new provisions shall apply to: those payments due from 16 March 2013.

2.

§ 1100, in the version of the Payments Act, BGBl. I N ° 50/2013, will enter into force on 16 March 2013 and shall also apply in this version to contracts concluded before that date. "

Article 2

Amendment of the Company Code

The Company Code, dRGBl. S 219/1897, as last amended by the Federal Act BGBl. I No 35/2012, shall be amended as follows:

1. In § 5, the second sentence reads:

"The scope of the third book arises from § 189, that of the Fourth Book from § 343, but for its eighth section from § 455, and that of the Fifth Book from § § 1 to 3."

2. § 352 shall be repealed.

3. Before § 454, the section heading is given "Achter section" the new section label "Seventh section" .

4. According to § 454, the section heading

" Achter section

Late payment "

and then the following § § 455 to 460 shall be inserted together with headings:

" Scope

§ 455. This Section shall apply to legal transactions between entrepreneurs and to legal transactions between an entreprenter and a legal person under public law.

Default interest rates

§ 456. In the event of a delay in the payment of money claims, the statutory interest rate is 9.2 percentage points above the base interest rate. The basic interest rate applicable on the first calendar day of a six-month period shall be the relevant one for the respective six-month period. However, if the debtor is not responsible for the delay, he shall only pay the interest specified in § 1000 (1) of the German Civil Code (ABGB).

Duration of acceptance or verification procedures

§ 457. The duration of a legal or contractual acceptance or verification procedure for the determination of the contractual service provision may not exceed 30 days from the receipt of the goods or the provision of the service. The agreement of a longer period of time can only be expressly taken and is only admissible if this is not grossly disadvantageous for the creditor.

Compensation for Betting costs

§ 458. In the event of a delay in the payment of money claims, the creditor is entitled to claim a lump sum of EUR 40 as compensation for any possible cost of payment by the debtor. § 1333 (2) of the German Civil Code (ABGB) is to be applied in order to compensate for the costs of betting which exceed this lump sum.

Grossly unfavourable contractual provisions or commercial practices

§ 459. (1) A contract provision relating to the payment date, the payment period, the default interest rate or the compensation for the cost of the payment of a payment is void if it is grossly disadvantageous to the creditor. Nor can any commercial practice relating to these issues be inferred from legal effects if it is grossly unfair to the creditor.

(2) In order to assess the gross negligence of a contract provision or commercial practice, account should be taken, in particular, of the extent to which it deviates from the exercise of the real traffic, whether there is a factual reason for this deviation and what contract performance it is. In the case of a contract determination agreed upon at the expense of the creditor for a level of interest in arrears of a default of § 456 or of the amount of the flat-rate compensation amount deviating from § 458 first sentence, it must also be taken into consideration whether or not there is a there is a factual reason for this deviation.

(3) The agreement of a payment period of up to 60 days is by no means grossly disadvantageous.

(4) In any case, the exclusion of late interest rates is grossly disadvantageous.

(5) The exclusion of compensation for the costs of repayment in accordance with § 458 shall be deemed to be grossly disadvantageous, unless it is exceptionally justified in the circumstances of the relevant legal transaction.

Verbandsklage

§ 460. (1) An entrepellant who, in the course of business, uses gross contractual provisions in the sense of Section 459 in the absence of any substantive justification or grossly unfair commercial practices in that sense , associations designed to promote the economic interests of entrepreneurs may be subject to an act of omission, in so far as such associations represent interests which are affected by the act. The request for a submission can also be submitted by the Austrian Chamber of Commerce and the Conference of Presidents of the Austrian Chambers of Agriculture. § § 24, 25 (3) to (7) and (26) of the UWG 1984 are to be applied in a reasonable way.

(2) The risk of the use of such contractual provisions or any exercise of such commercial practices shall no longer exist if the contractor, after having been reminded by an association authorized pursuant to paragraph 1 within a reasonable period of time, delivers a declaration of injunctions secured with appropriate penalties (§ 1336 ABGB). "

(5) The following paragraph 25 is added to § 906:

" (25) § 5 and the eighth section of the Fourth Book with § § 455 to 460, respectively, as amended by the Payments Act, BGBl. I n ° 50/2013, the amendment of the section title before § 454 by this Federal Act as well as the repeal of § 352 by this Federal Act will enter into force on 16 March 2013. The above provisions are to be applied in the version of the Payments Act to contracts which will be concluded as of 16 March 2013. The existing provisions shall be applied further to contracts concluded before 16 March 2013. "

Article 3

Amendment of the Labour and Social Court Act

The Federal Act of 7 March 1985 on labour and social justice, BGBl. No 104/1985, last amended by Federal Law BGBl. I No 35/2012, shall be amended as follows:

1. In § 49a, in the first sentence, the word "eight" by the number "9,2" replaced.

(2) The following paragraph 28 is added to § 98:

" (28) § 49a in the version of the Payments Act, BGBl. I N ° 50/2013 will enter into force on 16 March 2013. The above provision shall be applied in the version of the Payments Act to claims arising from the date of 16 March 2013. The previous provisions shall continue to apply to claims arising before 16 March 2013. "

Article 4

Amendment of the rental law

The law on rental law, BGBl. No 520/1981, last amended by Federal Law BGBl. I n ° 29/2010, is amended as follows:

In § 15, paragraph 3 reads:

" (3) The tenant has the rent, unless a subsequent payment date has been agreed to be paid in advance on the fifth of each calendar month. The landlord has to give him a public bank account for this purpose. "

Article 5

Amendment of the Consumer Credit Act

The Consumer Credit Act, BGBl. I No 28/2010, is amended as follows:

1. In Annex I, Part II:

" II. The following additional assumptions shall apply to the calculation of the annual percentage rate of charge:

(a) If, according to the credit agreement, the consumer is exempted when he wishes to claim the credit, the full amount of the credit shall be deemed to have been immediately taken up.

(b) where, under the credit agreement, the consumer is generally exempted when he wishes to make use of the credit, but, depending on the nature of the use, limits are provided for in respect of the amount of credit and the period of time, the total amount of credit shall be deemed to be: to the earliest possible date provided for in the credit agreement, subject to the appropriate restrictions.

(c) If the credit agreement provides for different types of use at different costs or rates of interest, the total amount of credit shall be deemed to be at the highest cost and the highest rate of interest, such as that applicable to the category of Transactions that are the most common in this type of credit contract.

(d) In the case of an overdraft, the total amount of the credit shall be deemed to be in full and for the entire duration of the credit agreement. If the duration of the overdraft is not known, the calculation of the annual percentage rate of charge shall be based on the assumption that the duration of the credit agreement shall be three months.

(e) In the case of non-freezing credit agreements, which are not overdrawers, it is assumed that:

i)

the loan is granted from the first use for a period of one year and that the final payment of the consumer is balanced with the balance, interest and any other costs;

ii)

the amount of the credit shall be repaid at the same high monthly payments, starting one month after the date of the first claim. However, if the amount of the credit must be repaid in full, in the form of a one-off payment, within each payment period, it shall be assumed that subsequent claims and repayments of the total amount of credit by the consumer within a year. Interest and other costs shall be determined in accordance with these claims and repayment payments and in accordance with the provisions of the credit agreement.

For the purposes of this point, non-frozen credit agreements shall be subject to non-fixed-term credit agreements, including those for which the amount of credit must be fully repaid within or after the end of a period, but can be re-used.

(f) In the case of other credit agreements which are neither overdraft nor indefinite credit (see the assumptions under d and e), the following shall apply:

i)

If the date or amount of a redemption payment to be paid by the consumer is not established, it shall be assumed that the repayment to the earliest possible date specified in the credit agreement and in the lowest possible date shall be assumed to be: Height.

ii)

If the date of the conclusion of the credit agreement is not known, it is assumed that the credit was first used at the time of the shortest period of time between that date and the maturity of the the first payment to be made by the consumer.

(g) If the date or the amount of a redemption payment to be paid by the consumer is not determined on the basis of the credit agreement or the assumptions referred to in points (d), (e) or (f), it shall be assumed that the payment shall be in accordance with the periods and conditions determined by the creditor, and that, if they are not known,

i)

interest payments shall be made together with the repayment of interest;

ii)

payments shall be made at the end of the credit agreement for costs other than interest and which are expressed as a one-off amount;

iii)

Payments for costs other than interest, expressed as multiple payments, shall be made at regular intervals beginning with the first payment of the repayment, and, if the amount of these payments is not known, shall be equal to the same amount. amounts involved,

iv)

with the last payment of the balance, the interest and any other costs are balanced.

(h) If no credit limit has been agreed yet, a ceiling of EUR 1 500 shall be adopted.

(i) where different nominal interest rates and costs are offered for a limited period or amount, the highest interest rate or rate shall be the rate of interest or as a cost during the entire duration of the credit agreement; the highest cost.

(j) In the case of consumer credit agreements for which a fixed rate of interest has been agreed for the initial period, a new nominal interest rate shall be established after the end of the contract, which shall subsequently be set at regular intervals following an agreed indicator; , the calculation of the annual percentage rate of charge shall be based on the assumption that, from the end of the fixed period, the nominal interest rate shall be equal to the nominal interest rate resulting from the value of the agreed indicator at the time of the Calculation of the annual percentage rate of charge. "

2. In Annex II, the last two columns in the table after the point " 3. Borrowing costs " :

(if applicable)

Obligation to pay notarial fees

Costs of late payment

Discontinuing payments may have serious consequences for you (e.g. B. Forced auction) and complicate the obtaining of a credit .

In the event of late payment, you will be charged [... (applicable interest rate and regulations for its adjustment as well as, where applicable, delay costs)].

(3) In Annex III, the last column in the table shall read as follows: " 3. Borrowing costs " :

Costs of late payment

In the event of late payment, you will be charged [... (applicable interest rate and regulations for its adjustment as well as, where applicable, delay costs)].

4. The following paragraph 8 is added to § 29:

" (8) Annex I in the version of the Payments Act, BGBl. I N ° 50/2013, will take place on 1 January 2008. Jänner 2013 in force. "

Article 6

Amendment of the Consumer Protection Act

The Consumer Protection Act, BGBl. No. 140/1979, as last amended by the Federal Law BGBl. I No 100/2011, shall be amended as follows:

1. In accordance with § 6, the following § 6a and title shall be inserted:

" Fulfillment of a monetary debt

§ 6a. (1) Unless in accordance with the nature of the contractual relationship-as is the case in the case of a train to be charged by train-cash payment is customary, the trader has a customary bank account to the consumer for the fulfilment of his or her financial liability. to announce. This does not apply if a certain other kind of fulfillment-such as in the way of confiscation or by credit card-has been agreed upon.

(2) If the financial liability of a consumer against an entrepre is fulfilled by bank transfer, it is sufficient for the timeliness of the fulfilment-by way of derogation from § 907a (2), first sentence, ABGB-also for a pre-determined Due date, the consumer shall be awarded the transfer order on the day of maturity. "

(2) The following paragraph 28 is added to § 41a:

" (28) § 6a in the version of the Payments Act, BGBl. I N ° 50/2013, enters into force on 16 March 2013 and is to be applied in this version to contracts concluded from 16 March 2013. Whereas, in the case of contracts concluded before 16 March 2013, the existing provisions should be applied further; whereas, however, if such previously concluded contracts provide for repeated cash benefits, the new provisions shall apply to those payments; that will be due from 16 March 2013. "

Article 7

Override

With the expiry of the 15th of March 2013, Article V of the Law on the Law of the Zinsenrechts-amending Act, BGBl. I n ° 118/2002, except for force.

Article 8

Entry into force, transitional provision, enforcement

(1) Article 4 of this Federal Law shall enter into force on 16 March 2013. It shall also apply to contracts concluded before that date.

(2) Article 7 of this Federal Law shall enter into force on 16 March 2013.

(3) The Federal Minister for Justice is responsible for the enforcement of this federal law.

Article 9

Implementation Notice

With this federal law, Directive 2011 /7/EU on combating late payment in commercial transactions, OJ L 206, 22.7.2011, p. No. 1., and Directive 2011 /90/EU amending Annex I, Part II of Directive 2008 /48/EC, with additional assumptions for the calculation of the annual percentage rate of charge, OJ L 327, 22.11.2011, p. No. OJ L 296 of 15 November 2011, p. 35.

Fischer

Faymann