Legislation Backing The Construction Claims

Original Language Title: Gesetz über die Sicherung der Bauforderungen

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Read the untranslated law here: http://www.gesetze-im-internet.de/baufordsig/BJNR004490909.html

Legislation backing the construction claims (construction demand security law - BauFordSiG) BauFordSiG Ausfertigung date: 01.06.1909 full quotation: "construction demand security law in the adjusted version in the Federal Law Gazette Part III, outline number 213-2, published, most recently by article 1 of the law of July 29, 2009 (BGBl. I S. 2436) has been changed" stand: last amended by art. 1 G v. 29.7.2009 I 2436 more to the stand number found in the menu see remarks footnote (+++ text detection from validity) : 1.1.1975 +++) heading: IdF d. art. 3 No. 1 G v. 23.10.2008 I 2022 mWv 1.1.2009 first section general security measures section 1 (1) the recipient of construction money is obliged to use the construction money to satisfy such persons involved in the production or the conversion of the building due to a work -, service -, or purchase contract. A repurposing of the construction money is allowed up to the amount in which the receiver from other funds has already satisfied creditors of the designated type. The obligation pursuant to sentence 1 has also to meet who is authorized as a construction supervisor in taking care of the construction project to dispose of the financial resources of the purchaser.
(2) the receiver itself on the manufacture or conversion is involved, he may keep the construction money in the amount of the reasonable value of the services provided by him for themselves.
(3) construction money are the recipient from a third party for a performance related with the production of the construction or renovation funds, 1 that a mortgage or mortgage on the plot to excavation is used to secure the claims of the lender or the transfer of ownership of the property should take place only defraying the costs of construction or renovation in the way are granted, for the purpose after total or partial manufacture of the construction or renovation, or 2. , which has promised the third recipient, received, if this performance were involved in other entrepreneurs (§ 14 of BGB (Bürgerliches Gesetzbuch) (civil law) due to a work -, service -, or purchase contract.
Amounts that are granted for the purpose of defraying the cost of construction or reconstruction are in particular payments and those whose Auszahlung without further determination of the purpose of use will be in accordance with the progress of the construction or renovation.
(4) the construction money property or the use of the construction money is in dispute, the burden of proof meets the receiver.

§ 2 construction money recipient, which have suspended their payments or whose assets insolvency proceedings opened and the Gläubiger referred to in article 1, paragraph 1 at the time of suspension of payments or the opening of insolvency proceedings are at a disadvantage, with imprisonment up to five years or fined punished if they to the detriment of the designated creditor acted contrary to the provisions of § 1.

Section 4 - section 7 - section 8 - second section REM security of construction claims footnote (+++ second section: not applicable, since the national provisions provided for in article 9 about the scope of the second section are not adopted +++) first to seventh title articles 9 to 67 (dropped out) -.