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In accordance with the decision of the Parliament:
For the purposes of this law, the sale shall mean a trade in an item of movable object which, according to the contract, is paid in instalments, one or more of which is due after the object has been handed over to the buyer, and where the seller has arrested: Either the right to retake the object if the purchaser fails to comply with the obligation arising out of the contract, or the property of the right to property until the full price or, at least, a portion of the instalments, Due after the release of the article, has been completed.
If the purpose of the contract is that the person to whom the object has been surrendered is to be its owner, the provisions of this law shall apply even if the contract has been referred to as a charge for payment of rent or other such contract. The use of the article.
The sum of the sum of the instalments to be paid by the buyer under the contract shall be referred to in this Act as a payment price. The payment instalment does not include the buyer's separately paid interest or the credit claim.
This law does not apply to a payment transaction where the seller is a trader and a consumer as a buyer.
If, in the case of the item on payment terms, indicate the price of the item, the price, the payment price, the number of instalments and the length of the payment period shall be indicated. Where the trader market objects on different terms, the information may be indicated as an example in accordance with the normal payment conditions offered by the trader.
The reference to the possibility of a partial payment is not considered to be the marketing of an article within the meaning of paragraph 1 on the terms and conditions of payment.
The partial payment agreement shall be made in writing, dated and signed by the seller or his representative and by the buyer. The buyer shall be given a copy of the contract.
The payment agreement shall state:
1) information on the contracting parties;
(2) information on the object of the transaction and its submission;
(3) the information and conditions relating to the price and its payment;
(4) information on the competent authority of the subpayment accounts.
The information to be mentioned in the partial payment agreement shall be further specified by the State Council Regulation. The seller shall not be entitled to charge the buyer on the basis of a payment transaction interest or charges which have not been agreed in the contract referred to in paragraph 1, subject to the provisions of this Act concerning the non-payment of the purchaser's liability.
If there are a number of buyers and at least one of them is the consumer, the contract shall comply with the consumer protection law. (38/1978) Provides.
When the buyer has failed to pay his payment obligations, the seller should not therefore be entitled to take back the item or claim a payment which is otherwise not due, or to bring into force another specific penalty provided for in the contract, unless: The outstanding amount outstanding has not been paid for at least fourteen days from the date of maturity and has not been paid, and this amount is not less than one-tenth or, if it includes two or more instalments, at least twenty-part The price of the partial payment is understood by the seller's entire residual amount.
In spite of the expiry of the period referred to in paragraph 1, the seller does not have the right to enforce the penalty referred to therein, if it should be regarded as disproportionate to the effect that the delay in the performance has been caused by difficulties in payment, To which the purchaser, due to illness, unemployment or other specific circumstances, is essentially self-sufficient and the buyer, before the object is taken back, carries out the outstanding amount, plus interest, and reimburse the costs of the delay.
Paragraph 3 has been repealed by L 27.8.2010/749 .
When the vendor wishes to take the item back, the value of the item to be read in favour of the purchaser between him and the buyer shall be the value of the item to be taken back. The value is determined according to what can be expected to be left to the seller when the object is sold in an appropriate manner and, if necessary, reasonably restored. However, when determining the value, account shall also be taken of the cash price mentioned in the contract and how long it has been under the control of the buyer and how it has been taken care of. (23.5.1986/386)
For the benefit of the seller, read:
(1) non-repayable instalments which, according to the contract, are due to be taken back;
(2) so much of the non-payment, other than the cash price, of the share price;
(3) interest, as well as compensation for the premium which the seller can claim and which are not included in the payment price;
(4) the costs incurred by the seller to take back an article; and
(5) when the purchaser's right to an object is dependent on the fact that he pays the seller compensation for the repair or other measure of the article, the claim for compensation.
When it is apparent that the cash price indicated in the contract is higher than the price for which the seller would have sold the item in cash at the time of the contract, the lower price shall be used as a cash price at the time of the calculation referred to in Article 2 (2). (29.12.197893)
Paragraph 4 has been repealed by L 27.8.2010/749 .
If the value of the item has been found to be greater than the amount that is to be read in favour of the seller under Article 3, the seller shall not be entitled to recover the item unless he or she does not direct the buyer or when the Evaluation, deposit this repossession of the so-called difference.
When the value of an article is less than the amount to be read in favour of the seller, the seller shall not be entitled, in addition to the article, to claim more than the difference between them.
When the seller has demanded back the item, the buyer is entitled, instead of the agreed payment obligation, at one time to complete the amount which, according to Article 3, must be read in favour of the seller; and, in that case, the purchaser shall keep the object.
If the seller has taken back the item, the buyer has the right to redeem them within fourteen days. When the purchaser wishes to exercise this right, during his term of office, he shall, within his term of office, complete the amount to which the object has been evaluated and the difference between the seller and the seller in accordance with Article 4 (2).
When a buyer, other than in the case referred to in paragraph 1, wishes to fulfil his payment obligations in advance, he shall have the right to do so. In that case, the seller must be calculated on the basis of the criteria set out in Article 3; however, if the payment takes place during a period other than one of the dates on which the contract is due, the instalment which, in essence, is due to: For good.
Paragraph 4 has been repealed by L 27.8.2010/749 .
Where, at the same time, several items have been sold and the seller wishes to take them back, the purchaser has the right to keep the objects they want by carrying out their values to the seller or, if the goods have already been taken back, within fourteen days after that date. Redeem them from the said values. In accordance with Article 4 (2), the seller may also be required to do so.
The provisions laid down in paragraph 1 shall not apply if the objects which the buyer wishes to retain or redeem are in such a way as to significantly reduce their value as a result of separation.
The settlement of the unfair terms in the payment transaction is in force, as is the case in the law on property law (208/29) Is provided for. (17/08/98)
The condition that the purchaser's right to an object is dependent on the fact that the buyer fulfils an obligation arising from a payment transaction other than the one in question is ineffective if the condition does not constitute compensation for the repair of the article or any other . Of the measure.
Paragraph 2 also applies to the condition that the amount by the purchaser must first be deducted from the seller's claim, which is not based on the payment transaction in question.
Where it is stipulated in the contract that, when the buyer fails to fulfil an obligation to him, the payment instalments which are not yet due must be paid immediately and, if the seller so requires, requires the entire price to be paid, or A greater part of it than that of a non-descriptor is due, in the calculation of the seller's claim, to apply what is provided for in Article 3.
Paragraph 2 has been repealed by L 27.8.2010/749 .
If the contract has been concluded in the manner provided for in Article 1c (1) and (2), the seller shall have the right to apply for assistance in order to recover the item in the place where the object is located or the purchaser of the place of residence or residence of the purchaser.
Applications for official assistance shall be made in writing. It shall indicate the amount of the partial payment and, where the seller claims interest, the reimbursement of the premium or the compensation referred to in Article 3 (2) (5), the amounts of those requirements. The application shall be accompanied by the original contract book and a certified copy thereof.
The assistance provided by the non-member shall apply mutatis mutandis to the (705/2007) Articles 33 and 34 provide for the notice of initiation and the prior notification and invitation.
Recreational assistance shall only be provided if it is apparent that the payment has been delayed as provided for in Article 2 (1), or that the buyer has otherwise failed to fulfil an obligation which is of fundamental importance to the seller.
If the purchaser is likely to have the right to refrain from paying the purchase price, due to the seller's non-contractual performance, the purchaser may not be provided.
If a request for assistance has been requested as a result of late payment, it appears that the failure to pay is due to the fact that the purchaser, due to illness, unemployment or other specific circumstances, has had to In payment difficulties, which may be assumed to be of a temporary nature, the bailiff may, where the seller's right to an object is not endangered or otherwise unduly infringed his or her right, postpone the service for a maximum period of four months from the date of Including the request for assistance. The bailiff may impose conditions on the suspension and, if the subject arises, order it to be withdrawn.
If the seller and the buyer do not agree with the statement referred to in Article 3, the bailiff referred to in Article 9 (1) shall submit the statement of accounts.
When the bailiff provides assistance in order to recover the item, he/she must submit a statement between the buyer and the seller.
The unemployed person shall inform the parties concerned of the time and place of the statement referred to in paragraphs 1 and 2 so early that they are able to supervise their interests in the delivery. A Protocol shall be drawn up for the supplies referred to in paragraphs 1 and 2. Where necessary, the bailiff may use experts to assess the article. The cost of the delivery shall be carried out in advance by the applicant if the bailiff so requires. (22.3.1996/199)
The self-rectification of an action or decision taken by a non-member of the public pursuant to this law, the handling of a case by the court or tribunal and the suspension of enforcement, as well as the appeal or decision, if the law does not: Otherwise in force, as provided for in Chapters 9 and 10 of the Existing Law. Qualent accounts may be Article 1 of Chapter 9 of the Exporation Act (1) rectified only with the consent of the parties. The time limit for the submission of an account shall be calculated for both the buyer and the seller from the date on which the party was informed of the decision. For information to a party who has not been present at the time of the statement, the officer shall, on behalf of the post, send a statement of accounts to the party concerned. The statement of enforceability which has been initiated by the buyer or seller after the entry into force of the accounts cannot be investigated.
Exit L 37/1895 Has been repealed by the Exchequer 17/11/2007 . See. Output arch 705/2007 10 and 11 .
The provisions of Article 10 (3) and Article 11 shall apply mutatis mutandis to the execution of a judgment ordering the sale of the item sold by the purchaser to the seller. (23.5.1986/386)
If the judgment is not otherwise provided for in the judgment, the provisions of Article 12 shall apply. (22.3.1996/199)
The supplies referred to in Articles 9 to 14 shall be provided where this law does not provide otherwise, where applicable, in the case of exit proceedings, where applicable.
In the absence of an application for a change in the accounts, a claim based on a statement of accounts, on the basis of the Protocol on the application of the judgment of the Court of First Instance (163/1982) , including interest on late payment, provided that the Protocol provides for interest on the basis of the claim made by the interested party in the application for a statement of accounts. However, the purchase of the purchaser shall be carried out in the first place in accordance with Article 4 (1). If the statement is not valid, the forecluse of the claim based on the statement of accounts shall be valid Article 5 of Chapter 2 of the Expenses Act Provides for.
Exit L 37/1895 Has been repealed by the Exchequer 17/11/2007 . See. KorkoL 633/1982 ARTICLE 4 And the outlet arch 705/2007 Chapter 2 Section 5 .
The object of the transaction shall not be measured by the sale of the item traded.
Notwithstanding paragraph 1, the object may be assigned to the object In Chapter 7 of the foreclor If the seller wishes to take the item back; and in that case, the request for assistance shall be deemed to be fulfilled, as provided for in Article 11 of Chapter 11.
Exit L 37/1895 Has been repealed by the Exchequer 17/11/2007 , see Output arch 705/2007 Chapter 8 .
If the object of the transaction is foreclosed on the buyer's non-hire-based debt, the non-resident must submit a statement under this law between the seller and the buyer. They shall provide the bailiff with the necessary information.
An applicant who has not received a full payment claim shall have the same right as the buyer to appeal against the decision or proceedings of the Ottoman person and to pursue an action as a result of the delivery under Article 13.
If, at the time of conclusion of the contract or after the conclusion of the contract, the purchaser of the contract has failed to comply with the obligation arising out of the contract, he renounced any right or interest which, according to his law, is to be Comply with the provisions.
Article 19a has been repealed by L 27.8.2010/749 .
This Act shall enter into force on 1 June 1966 and repeal the Law of 30 November 1933 on retail payment transactions (196/2015) . However, before the date of entry into force, a prior law shall apply, unless otherwise stated below.
Article 7 (1) of the new law provides for the adaptation or non-consideration of a condition relating to a payment transaction to be respected in cases where such a condition is invoked only after the entry into force of the law.
Articles 11 to 13, § 14 (1) of the new law, if it refers to Article 11, Article 14 (2), Article 15 and Article 17, also apply to partial payment transactions made before the law enters into force.
This Act shall enter into force on 1 July 1973. However, the payment agreements concluded before the entry into force of this Act must be governed by the previous law.
This Act shall enter into force on 1 January 1983. It shall also apply to partial payment transactions made before the law enters into force.
HE 247/81, Ivhms. 6/82, svk.M. 136/82
This Act shall enter into force on 1 January 1987.
This law shall apply to contracts concluded after its entry into force. However, Article 10 (2) of this Law also applies when the contract is concluded before the law enters into force.
HE 88/85, tv miet. 1/86, the svk.M. 17/86
This Act shall enter into force at the time laid down by the Regulation. (1 January 1994 L 86/93 entered into force on 1 January 1994.)
This law shall apply to contracts concluded after its entry into force.
THEY 238/92 , TaVM 48/92
This Act shall enter into force on 1 December 1996.
Transitional provisions are laid down separately.
THEY 106/95 , LaVM 15/95, EV 4/96
This Act shall enter into force on 1 March 2004.
Pending the entry into force of the law, the provisions in force at the time of entry into force of this Act shall apply.
THEY 216/2001 , LaVM 34/2002 EV 305/2002
This Act shall enter into force on 1 January 2007.
The law shall apply mutatis mutandis, in accordance with the provisions of (169/2006) The entry into force and Article 10 of the transitional provision.
THEY 13/2005 , LaVM 5/2006, EV 40/2006
This Act shall enter into force on 1 December 2010.
Pending the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.
THEY 24/2010 , TaVM 10/2010, EV 89/2010, European Parliament and Council Directive 2008 /48/EC (308L0048); OJ L 133, 22.5.2008, p. 66, European Parliament and Council Directive 2009 /22/EC (309L0022); OJ L 110, 1.5.2009, p. 30
