Introduction Act To The Civil Law Book

Original Language Title: Einführungsgesetz zum Bürgerlichen Gesetzbuche

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.gesetze-im-internet.de/bgbeg/BJNR006049896.html

Introduction Act to the civil law book BGBEG Ausfertigung date: 18.08.1896 full quotation: "introduction Act to the civil law book as amended by the notice of 21 September 1994 (Federal Law Gazette I p. 2494;)" (1997 I S. 1061), last by article 15 of the Act of June 29, 2015 (BGBl. I S. 1042) has been modified "status: Neugefasst by BEK. v. 21.9.1994 I 2494; 1997, 1061;
 
as last amended by article 15 G v. 29.6.2015 I 1042 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from validity: 1.1.1980 +++) (+++ to the application d. art. 1 and 2 see § 132 GNotKG +++) part I General provisions chapter entry into force. Reservation for national law. Law term art 1 (1) the civil code changes the courts act, the code of civil procedure and the Bankruptcy Act, a law about the foreclosure and the receivership, a land registry system and a law on the matters of voluntary jurisdiction on January 1, 1900 at the same time a law into force.
(2) as far as in the civil code or this Act regulating the land laws reserved or intended, that landesgesetzliche rules can remain untouched or be adopted, the existing State regulations remain in force and new landesgesetzliche rules can be adopted.
Type 2 law within the meaning of the civil code and this law is any legal provision.
Second chapter of international private law the first section General regulations art 3 scope; Relationship with regulations of the European Union and international agreements not 1 as far as directly applicable regulations of the European Union in its currently valid version, in particular a) Regulation (EC) No 864 / 2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II), b) Regulation (EC) no 593 / 2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) , c) article 15 of Regulation (EC) No 4 / 2009 of 18 December 2008 on the jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance in connection with the Hague Protocol of 23 November 2007 on the law applicable to maintenance obligations, d) Regulation (EC) No 1259/2010 of the Council of 20 December 2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation and e) Regulation (EU) No. 650 / 2012 of the European Parliament and of the Council of 4 July 2012 on the jurisdiction, the applicable law, recognition and enforcement of decisions and the adoption and enforcement of authentic instruments in matters of succession and the creation of a European certificate of succession or 2. provisions in international agreements, insofar as they have become directly applicable legislation, are relevant , the law applicable in situations with a connection to a foreign State shall be determined according to the provisions of this chapter (international private law).
Type 3a thing standard reference; (1) references refer to single statute on substantive legislation of relevant laws, to the exclusion of those of international private law.
(2) as far as references in the third section insinuate the assets of a person, the law of State they do not refer to objects which are not located in this State and the law of the State in which they are located, are subject to special rules.
Type 4 rear and referral; Law Division (1) reference is made to the law of another State, is also the international private law apply, unless this is contrary to the sense of the reference. The law of the other State on German law refers back, so are the German substantive provisions to apply.
(2) insofar as the parties may choose the law of a State, they can refer only to the substantive provisions.
(3) refers to the law a State with several partial legal order, without identify the authoritative, so the law of that State determines what legal order of part of is to apply. Lacking such a scheme, the part of law to apply, with which the situation is most closely connected.
Type 5 personal status (1) referenced on the law of the State where a person belongs to, and so it belongs to several States, is the right of these countries to apply, with which the person is most closely connected, in particular by their habitual residence or through the course of their lives. The person also German, so is this status goes.
(2) If a person is stateless or their nationality not be found, so the law of the State is to apply where they habitually resident or, in the absence thereof, their stay.
(3) reference is made to the right of the State, in which a person has their residence or habitual abode, and one does not change residence without the will of the legal representative, full legal person so this change does not alone the application of any other law.
Type 6 public order (ordre public) a rule of law of another State shall not apply when their application leads to a result which is obviously incompatible with fundamental principles of German law. It is in particular not apply, if the is incompatible with fundamental rights.
Second section right of natural persons and the legal transactions type 7 legal capacity and legal capacity (1) capacity and the legal capacity of a person are subject to the laws of the State of which the person belongs to. This also applies if the capacity is extended by marriage.
(2) an once obtained legal capacity or capacity is not affected by acquisition or loss of status as a German.
Type 8 incapacitation (dropped out) type 9 Declaration of death the death Declaration, the determination of death and of the death as well as life and death guesses are subject to the law of the State, joined the lost at the last moment, where he after the existing messages still lived. Was the lost in this moment of national of a foreign State, so he can be explained under German law to be dead, if this is a legitimate interest.
Type 10 (1) name the name of a person is subject to the laws of the State of which the person belongs to.
(2) spouses can choose its name in the future to leading the registry office during or after the marriage to 1 according to the law of a State, one of the spouses is, regardless of article 5 paragraph 1, or 2. under German law, if one of them has his habitual residence in Germany.
Explanations given after marriage must be publicly certified. For the impact of the election on a child's name, c of the civil code is § 1617 apply accordingly.
(3) the opposite the registry office determine owner who may worry that a child should receive the family name 1 according to the law of a State, of a parent is, notwithstanding the provisions of article 5 para. 1, 2. under German law, if a parent has his habitual residence in Germany, or 3. the law of the State, a Erteilender name belongs to.
Explanations given to the attestation of birth must be publicly certified.
(4) (lapsed) type 11 form of legal transactions (1) a legal transaction is formally valid if it satisfies the formal requirements of the law which is applicable to the legal relationship forming its subject, or of the law of the country in which it is carried out.
(2) If a contract is concluded between persons who are in different States, it is formally valid if it satisfies the formal requirements of the law which is applicable to the legal relationship forming its subject, or of the law of one of those States.
(3) if the contract is concluded by a representative, so the State is decisive in application of paragraphs 1 and 2, in which the representative is.
(4) a legal transaction, by a right to a thing constitutes or has such a right, is only formally valid if it satisfies the formal requirements of the law which is applicable to the legal relationship forming its subject.
Type 12 a contract protection of the other part of the contract between persons, which are located in the same State, as a natural person, which would be after the substantive provisions of the law of that country right, business and functional, can rely only legal derived from, business, and inability to act on their from the substantive provisions of the law of another State, if the other Contracting Party upon completion of the contract this legal , Business and incapacity knew or had to know. This applies not for family law and inheritance law transactions and dispositions of land belegenes in another State.
Third section family law art 13 marriage (1) the requirements of the marriage are subject to to every fiance the law of the State of which he belongs to.
(2) a requirement, then missing as far as German law to apply, if 1.
a fiance is habitually resident in Germany or German, the betrothed the reasonable steps to comply with the condition have taken 2. and 3. it is incompatible with the freedom of marriage, to deny the marriage; in particular the previous marriage of a fiance does not preclude, if their stock through a decision here adopted or recognized has been removed or is the spouse of the fiancé declared dead.
(3) a marriage can be used domestically only in the form of prescribed here. A marriage may be entered among fiancé, none of which are German, before a by the Government of the State, one of the betrothed is, however the duly authorised person in the form prescribed by the law of that State; a certified copy of the registration of as closed marriage in the register, which is led by the person properly authorized to do so, provide full proof of the marriage.
Type 14 General effects of the marriage (1) the General effects of the marriage are subject to 1 the laws of the State of which both spouses belong to or during the marriage last belonged to, if one still belongs to this state of them, otherwise 2. both spouses have their habitual residence the law of the country in which or last had during the marriage, if one of them has there still habitually resident , alternative 3 the law of the State with which the spouses otherwise are jointly most closely connected.
(2) a spouse is part of several States, so the spouse regardless of article 5 may choose the law of these States para 1, if also the other spouse owns.
(3) spouses may choose the law of the State which belongs to a spouse if the conditions of in paragraph 1 No. 1 are not available and no spouse belongs to 1 the State, in which both spouses have their habitual residence, or 2. the spouses have their habitual residence not in the same State.
The effects of the choice of law end once the spouses have a common nationality.
(4) the applicable law must be notarized notarized. Is it not made domestically, so it is sufficient, if it complies with the formal requirements for a marriage contract according to the chosen law or at the place of choice.
Type 15 matrimonial property regime (1) the property effects of marriage are subject to the relevant when the marriage was contracted for the General effects of the marriage law.
(2) that spouses can choose 1 for the property effects of marriage the law of the State, is one of them, 2. the law of the State in which one of them has his habitual residence, or 3 for immovable property the law of the place of location.
(3) paragraph 4 shall apply mutatis mutandis article 14.
(4) the provisions of the law on the marital property regime of displaced persons and refugees remain unaffected.
Art 16 protection of third parties (1) the property effects of marriage is subject to the law of another State and one of the spouses is habitually resident in Germany or he runs a business here, is section 1412 of the Civil Code apply mutatis mutandis; the foreign legal matrimonial property is equivalent to a contract.
(2) on transactions made in the domestic section 1357, on here any movable property § 1362 is that here-powered acquisition business are §§ 1431 and 1456 of the civil code mutatis mutandis apply, insofar as these provisions for bona fide third parties are more favourable than the foreign law.
Art 17 specific consequences of divorce; Decision of Court (1) pecuniary consequences of divorce, not covered by other provisions of this section are subject to the Regulation (EU) No. of 1259/2010 law applicable to divorce.
(2) a marriage may be dissolved domestically only by a court.
(3) the pension rights adjustment is subject to the Regulation (EU) No. 1259/2010 on the law applicable to divorce; He is only carried out if after that German law is applicable and the law of one of the States knows it belong to the spouse at the time of the occurrence of the pendency of the petition. In addition, the pension rights adjustment at the request of either spouse is under German law to carry out when one of the spouses has acquired right when a domestic pension funds during the marriage, as far as the implementation of the supply balance in particular with regard to the mutual economic relations does not contradict the equity during the duration of the marriage.
Type 17a matrimonial home and household items which are subject to permission to use the matrimonial home situated in the domestic and household objects in the domestic and related Betretungs, proximity and contact prohibitions the German substantive provisions.
Type of 17b registered life partnership (1) the establishment, the General and the effects of marital property and the dissolution of a registered partnership are subject to the substantive provisions of the State's leading tab. The pension sharing is subject to the law applicable pursuant to sentence 1; He is only carried out if after that German law is applicable and the law of one of the States, the spouse at the time of the lis pendens of the application for suspension of the partnership belong knows a power balance between life partners. In addition, the pension rights adjustment at the request of a spouse is under German law to carry out when a life partner has acquired right when a domestic pension funds during the period of the partnership, as far as the implementation of the supply balance in particular with regard to the mutual economic relations does not contradict the equity during the entire period of the partnership.
(2) paragraph 2 and Article 17a shall apply mutatis mutandis article 10. The General effects of the partnership is subject to the law of another State, is domestically owned movable section 8 para 1 of the life partnership Act and legal transactions in the domestic section 8 para 2 of the life partnership Act in conjunction with Article 1357 of Civil Code apply, insofar as these provisions for bona fide third parties are more favourable than the foreign law.
(3) registered life partnerships in various countries, are between the same persons as the most recently established partnership by the time of its grounds is for the effects described in paragraph 1 and the consequences decisive.
(4) the effects of a partnership registered abroad go no further than to the provisions of the civil code and the life partnership Act intended.
Art 18 (fallen off) type 19 ancestry (1) the parentage of a child is subject to the law of the State in which the child is habitually resident. It can be determined in relation to each parent also under the laws of the State, this parent is a member. The mother is married, so the descent can be determined also under the law, which the General effects of marriage at birth is subject to paragraph 1 referred to in article 14; is the marriage previously dissolved by death has been, the time of the dissolution is decisive.
(2) if the parents are not married, the law of the State in which the mother has habitually subject to obligations of the father to the mother on the basis of pregnancy.
Type 20 contesting the lineage that can race contested under any law their requirements are, arise from the. The child can challenge the descent in any case according to the law of the State in which it has its habitual residence.
Type 21 effects of parent-child relationship the legal relationship between a child and its parents is subject to the law of the State in which the child is habitually resident.
Art 22 adoption as a child (1) the adoption of a child is subject to the law of the State, is the increase in the adoption. The acceptance by one or both spouses is subject to the law that paragraph 1 for the General effects of the marriage is governed by article 14. The adoption by a spouse is subject to the law that is decisive under article 17 paragraph 1 sentence 1 for the General effects of the partnership.
(2) the impact of adoption on the relationship between the child and the adopted and the persons to whom is the child in a family relationship, are subject to the law applicable under paragraph 1.
(3) taking into account the succession of death due to after the adopted which spouse, life partner or relatives is the accepted regardless of the law applicable pursuant to paragraphs 1 and 2 a child adopted under the German provisions right, if the testator has arranged this in the form of a disposition of property upon death and the succession is subject to German law. Sentence 1 shall apply accordingly if the acceptance is based on a foreign decision. Sentences 1 and 2 shall not apply if the accepted at the time of acceptance had completed their eighteenth year.
Art 23 consent
The necessity and the consent of the child and a person who is the child in a family relationship, to a declaration of parentage, name grant or adoption of a child are governed by the laws of the State of which the child belongs to in addition. As far as it is necessary for the best interests of the child, to apply German law is instead.
Type 24 guardianship, care and guardianship (1) the emergence, change and the end of guardianship, supervision and guardianship, as well as the contents of statutory guardianship and curatorship are subject to the law of the State, include the ward, supervised, or Hartheim. For a national of a foreign State of his habitual residence or, in the absence of such, his stay in the country, a supervisor can be ordered according to German law.
(2) a guardianship is necessary because who is involved in a matter, or because a party located in another State, it is not certain to apply the law that is decisive for the matter.
(3) provisional measures, as well as the content of care and ordered guardianship and curatorship are subject to the law of the issuing State.
Fourth section inheritance type 25 succession mortis causa unless the succession mortis causa does not fall within the scope of the Regulation (EU) No. 650 / 2012, the provisions of chapter III of this Regulation shall apply mutatis mutandis.
Art law applicable to 26 form of dispositions mortis causa (1) of article 3 of the Hague Convention of 5 October 1961 on the to the form of testamentary dispositions (BGBl. 1965 II p. 1144, 1145) is a testamentary disposal, even if it is built by several people in the same document or by an earlier testamentary injunction is revoked, valid with respect to its form , if it complies with the formal requirements of the law, that is to apply to the succession of property upon death or would apply in the time of available. This shall not affect the other provisions of the Hague Convention.
(2) in the form of other dispositions mortis causa is article 27 of the Regulation (EU) No. 650 / 2012.
Fifth section non-contractual obligations kind 27 to 37 (dropped out) type 38 unjust enrichment (1) performance claims because of subject to the right to apply to the legal relationship that is, performance is related to the.
(2) claims for enrichment through interaction in a protected interest are subject to the law of the State in which the procedure is done.
(3) in other cases, claims based on unjust enrichment are subject to the law of the country in which the enrichment occurred.
Type 39 negotiorum gestio (1) legal claims from the care of a foreign business are subject to the law of the State in which the business has been carried out.
(2) claims for the repayment of a foreign liability are subject to the law, which is applied on liability.
Type 40 tort (1) claims from tort action are subject to the law of the State in which the indemnifiable has acted. The injured person may require that instead of this law the law of the State applied, where success has occurred. The right may be exercised only in the first instance to the end of the early first date or the end of the written preliminary proceedings.
(2) the indemnifiable and the injured person at the time of the liability event had their habitual residence in the same country, the law of that State is to apply. Involves companies, associations or legal persons, so the place is equal the habitual residence, where the head office or, if a branch is involved, where it is located.
(3) claims which are subject to the law of another State, can not be asserted required, insofar as they much go 1 as to the reasonable compensation of injured, as adequate compensation of the injured are obviously different for purposes 2. or 3. contrary to legal liability regulations of Convention binding for the Federal Republic of Germany.
(4) the injured party may claim directly against an insurer of the person liable, if the law applicable to the tort law or the law is subject to the insurance contract so provides.
Art 41 much closer connection (1) there is a much closer connection than with the right which paragraph 2 would be applicable pursuant to articles 38 and 40 with the law of a State, that right to apply it.
(2) a much closer connection to in particular may result in 1 from a specific legal or factual relationship between the parties in connection with the contractual relationship, or 2. in the cases of referred to in article 38 paragraph 2 and 3, and article 39 of the habitual residence of the parties in the same country at the time of the relevant events; Article 40 paragraph 2 sentence 2 shall apply accordingly.
Type 42 is right choice after occurrence of the event which caused a non-contractual obligation, the parties may choose the law, it should be subject to the. Rights of third parties are not affected.
Sixth section property law type 43 rights to a thing (1) right to a thing governed by the law of the State in which the thing is located.
(2) a thing on which rights are justified in another State that so these rights not in contradiction to the law of that State may be exercised.
(3) is a right to a thing that has come in the domestic, not previously been acquired, operations in another State as domestic are for a such purchase domestically to take into account.
Type 44 agents posed by real estate for claims arising from harmful influences, emanating from a plot, apply the provisions of Regulation (EC) No 864 / 2007 with the exception of chapter III in accordance with.
Type 45 means of transport (1) rights to air, water and rail vehicles are subject to the laws of the State of origin. This is the State of their nationality, 2. water vehicles 1st air vehicles of the State of registration, otherwise the home port or of the hometown, 3 in rail vehicles of the State of registration.
(2) the emergence of legal security rights on these vehicles is governed by the law which is applicable to the claim to be secured. Article applies to rank of multiple security rights 43 par. 1 art 46 substantially closer connection with the law of a State is a much closer connection than with the law which would be applicable under articles 43 and 45, that right to apply it.
Seventh section special rules for the implementation of regulations of the European Union pursuant to article 3 No. 1 of first subsection implementing Regulation (EC) No 864 / 2007 type 46a environmental damage the injured party can that has occurred the event damage giving rise to their right under article 7 of Regulation (EC) No 864 / 2007 due to, on the right of the State to support their claim, in which , exercised only in first instance to the end of the early first date or the end of the written preliminary proceedings.
Second subsection implementing Regulation (EC) No. 593 / 2008 art 46 b consumer protection for special areas (1) a contract on the basis of a choice of law is not the law of a Member State of the European Union or of another Contracting State of the agreement on the European economic area, but the contract has a close connection with the territory of one of those States, are provisions to implement the consumer protection guidelines nevertheless apply in the territory of that State.
(2) a strong correlation is particularly to be assumed if the entrepreneur 1 in the Member State of the European Union or another Contracting State to the agreement on the European economic area, in which the consumer has his habitual residence, exerts a commercial or professional activity, or 2. a such activity in any way on this Member State of the European Union or another Contracting State of the agreement on the European economic area or to several States , including this country, aligns, and the contract in the area of this activity.
(3) consumer protection directives within the meaning of this provision are in their up-to-date version: 1 the Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95 of the 21.4.1993, p. 29);
2. Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees for consumer goods (OJ L 171 of the 7.7.1999, p. 12);
3. Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 on the distance marketing of financial services to consumers and amending Directive 90/619/EEC of the Council and directives 97/7/EC and 98/27/EC (OJ OJ L 271 of the 9.10.2002, p. 16);
4. Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Directive 87/102/EEC of the Council (OJ OJ L 133 of the 22.5.2008, p. 66).
(4) subject to a part-time contract, a contract for a long-term holiday product, resale contract or a barter agreement within the meaning of article 2 paragraph 1 letter a to d of Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare contracts, contracts for long-term holiday products, resale and exchange contracts (OJ L 33 of the 3.2.2009, p. 10) not the law of a Member State of the European Union or of another Contracting State of the agreement on the European economic area, so the protection afforded in implementation of this directive may be consumers not deprived, if 1 one of the affected real estate in the territory of a Member State of the European Union or of another Contracting State of the agreement on the European economic area is situated, or 2. in the case of a contract , which refers directly to a property, the entrepreneur exerts a commercial or professional activity in a Member State of the European Union or another Contracting State to the agreement on the European economic area or aligns this activity in any way on such a State and the contract in the area of this activity.
Type 46c compulsory insurance contracts (1) an insurance contract about risks for, a Member State of the European Union or another Contracting State of the agreement on the European economic area imposes compulsory insurance, is subject to the laws of this State unless this imposes its application.
(2) a compulsory insurance contract is subject to German law, if the legal obligation to its conclusion is based on German law.
Third subsection implementing Regulation (EU) No. 1259/2010 art 46 d choice (1) is a legal agreement to article 5 of Regulation (EU) No. 1259/2010 is notary to notarize.
(2) the spouse can make the choice of the law referred to in paragraph 1 even up to the end of the oral proceedings in the first instance. section 127a of the Civil Code shall apply mutatis mutandis.
Third chapter approximation; Choosing a name acquired in another Member State of the European Union art has 47 first and family names (1) a person according to applicable foreign law acquired a name and her name is henceforth based on German law, so she can determine by notice to the registry office 1 the name first and family names, select 2 in the absence of first or family names such a name , Drop 3 parts of the name that does not include the German right, 4. assume the original form of the name changed after the sex or the relationship, 5. assume a German form of their first or their family name; There is no, such a form of the first name she can assume new given name.
The name married name or life partnership name, is the explanation can be delivered during the existence of the marriage or partnership only by both spouses or life partners.
(2) paragraph 1 shall apply accordingly for the formation of a name under German law, if this is to be derived from a name, has been acquired by a foreign law applicable.
(3) § 1617c of the Civil Code shall apply mutatis mutandis.
(4) the declarations must under paragraphs 1 and 2 be publicly certified or notarized, as they are handed the marriage or establishing the partnership over a German registry.
Type 48 choosing a name acquired in another Member State of the European Union of the name of a person is subject to German law, so she can choose the acquired during a habitual residence in another Member State of the European Union and entered in a register of civil status name by declaration to the Registrar's Office, if it is not obviously incompatible with fundamental principles of German law. The choice of name is back on the date of registration in the civil registers of the other Member State, unless the person declares expressly that the name only for the future is to work. The Declaration must be publicly certified or notarized. Article 47 paragraph 1 and 3 shall apply accordingly.
Type 49 (Amendment of other provisions) second part ratio of the civil code to the laws of the Kingdom of the provisions of the imperial laws remain type 50. Join however override as resulting the lifting of the civil code or from this Act.
Art 51 as far as legal consequences are linked in the Judiciary Act, the code of civil procedure, the code of criminal procedure, the Insolvency Act and the appeal law on the relationship or the affinity apply the provisions of the civil code or the life partnership Act of kinship or affinity.
Art 52 is to grant compensation to the owner of a thing due to the withdrawal in the public interest, damage or use the thing or restricting the ownership on the basis of a Reich law and a law on the matter is to a third party, for which no special compensation is granted, so the third has the same rights, as far as his right is affected on the right to reparation , him in the event of the extinction of his right by foreclosure in the proceeds are to.
53 (1) is to grant compensation to the owner of a plot of land, so the provisions of article 1128 of the civil code mutatis mutandis on the right to reparation in a case of under article 52. Collects a beneficiary within the section 1128 specified period the owner and any authorized of distribution proceedings apply for opposition to the payment which so can compensation to the owner, according to the rules applicable to the distribution of the proceeds in the event of foreclosure. The payment has to be done in this case at the court competent for the distribution process.
(2) the right of the third party is a real load, a mortgage, a mortgage or pension liability, the liability of the compensation claim lapses if the damaged item is restored or procured for the extracted from movable replacement. Is the compensation for use of the land or due to abduction or corruption of fruit or pieces of accessories to provide, so find the provisions of § 1123 para 2 sentence 1 and section 1124, para 1 and 3 of the Civil Code shall apply.
53a (1) is to grant compensation to the owner of a registered ship or ship construction work in a case of referred to in article 52, so the rules are rights in registered ships and shipbuilding plants from 15 November 1940 (Reichsgesetzbl. on the right to reparation of sections 32 and 33 of the law on I S. 1499) apply mutatis mutandis.
(2) article 53 paragraph 1 sentences 2 and 3 shall apply mutatis mutandis.
Class 54 (void) part relationship of the civil code to the private law rules of State laws will not occur type 55 national laws override, unless the civil code or this Act, another is intended.
Type 56 without prejudice to the provisions of the international treaties that a State has signed with a foreign State before the entry into force of the civil code.
Type 57 and 58 (void) type 59 without prejudice to the State regulations on family entails and fief, with inclusion of the allodifizierten fief, and Stammgüter.
Type 60 provisions affect the rules, which is the appointment of a mortgage, mortgage or pension debt to a plot, its load in articles 57 to 59 limited the designated rules allowed after, then allow that the creditors can seek satisfaction from the site only in the ways of the receivership.
Art 61 is the sale or application limited allowed and so the provisions of the civil code on a purchase, these provisions preclude the law book in favour of those who derive rights from an unauthorized, or regulations prohibited designated load an object to in articles 57 to 59.
Type 62 without prejudice to the provisions relating to retirement products.
Type 63 untouched the provisions relating to the leasehold right, with inclusion of the Büdnerrechts and Haley justice, in those States in which such rights remain. The provisions of article 1017 of the civil code, visit this right shall apply.
Type 64 (1) without prejudice to the provisions relating to the Anerbe right in consideration of agricultural and forestry plots along with their accessories.
(2) the State laws cannot limit the right of the testator to dispose of the subject to the right of the Anerbe plot of death.
Type 65 (dropped out), type 66 the State regulations, which include the sewer law and dike - remain unaffected.
Type 67 (1) the State regulations, which belong to the mining law remain unaffected.
(2) compensation is after landesgesetzlicher regulation due to damage to a parcel of land by the mining industry to grant, the provisions of articles of 52 and 53 application find, if not the State laws determine another.
Type 68 without prejudice to the State regulations, which allow the load of a parcel of land with the hereditary and veräußerlichen right to the extraction of a mineral that is not subject to the Sary regulations, and closer to determine the content of this right. The provisions shall mutatis mutandis articles the 874, 875, 876, 1015, 1017 of the civil code.
Type 69 without prejudice to the provisions relating to hunting and fishing, without prejudice to the provision of section 958 paragraph 2 of the civil code and the provisions of the civil code over the compensation for wildlife damage.
Type 70 to 72 (dropped out) type 73 without prejudice to the provisions relating to royalties.
Type 74 without prejudice to the provisions relating to compulsory rights, ban and real trade privileges.
Type 75 (void) type 76 without prejudice to the State regulations, which include the publishing law.
Type 77 the provisions relating to the liability of the State, the communities and other associations (County -, district -, official associations) for the by their officials in the exercise of who is liable damage inflicted, as well as the State regulations, which extent exclude the right to demand the compensation of the officials of the damaged, those public authority entrusted to as the State or the Community shall remain unaffected.
Footnote 77 type: change by G v 26.6.1981 I 553 gem. BVerfGE v. 19.10.1982 I 1493-2 BvF 1/81 - article 70 GG incompatible and therefore void type 78 unaffected remain the State regulations, according to which the officials for the Deputies adopted by them and assistants to further extent than after the German civil code are liable.
Footnote type 78: amendment by G v 26.6.1981 I 553 gem. BVerfGE v. 19.10.1982 I 1493-2 BvF 1/81 - article 70 GG incompatible and therefore void type 79 unaffected remain the State regulations, according to which the experts appointed to the official valuation of land for damage resulting from a violation of their professional obligation to further extent than after the German civil code are liable.
Type 80 (1) shall remain unaffected, as far as not in the civil code a special provision is made, the provisions relating to the financial assets and liabilities of officials, the clergy and the teacher at public educational institutions from the Office or employment with inclusion of the rights of the bereaved.
(2) prejudice to the State rules on the right of the benefice.
Type 81 the State regulations, without prejudice to what the transferability of the rights which article 80 1 designated persons entire para on salary, charge, pension, widow's and orphan's pension, as well as the State regulations, which allow the setoff against these claims by way of derogation from the requirement of § 394 of the civil code.
Type 82 without prejudice to the provisions of State laws about the Constitution of such clubs, whose legal capacity is based on State Awards.
Type 83 without prejudice to the provisions relating to forest cooperatives.
Type 84 (void) type 85 without prejudice to the State regulations, which in the case of § 45 para 3 of the civil code, the assets of the defunct Association of incurred Office of the Treasury of a corporation, Foundation or institution of under public law.
Type 86 regulations, which limit the acquisition of rights by foreigners or by legal persons having their registered office, Central Administration or principal place of business in Germany (foreign legal entities), or depending on make of authorisation, of 30 July 1998 does not apply more. The Federal Government is authorized to restrict the acquisition of rights by foreigners or foreign legal persons by decree with the consent of the Federal Council and by the issuing of a permit depending on make, when German and domestic legal entities in the State concerned in the acquisition of rights be restricted and foreign policy reasons, in particular the right of retorsion, require this. Sentence 2 does not apply to foreigners and foreign legal persons from Member States of the European Union.
Footnote article 86 set 2 italic: would affect art 88 (dropped out) right "subject to" loud type 87 (dropped out) type 89 the provisions relating to appointed to protect of the land and the products of land seizure of things, including the provisions on the payment of deposit or spare money.
Type 90 without prejudice to the provisions relating to the legal relationships arising from a security deposit made on the basis of public law due to the leadership of an Office or a business enterprise.
Type 91 the State regulations, according to which the taxman, a corporation, Foundation or institution of under public law or a foundation under the administration of a public authority is entitled remain unaffected, has to be done to secure certain claims to require the registration of a mortgage on land of the debtor, and according to which the registration of the mortgage on request by a particular authority. The mortgage may be registered only as a backup mortgage; It is created with the entry.
Type 92 (dropped out) type 93 without prejudice to the provisions relating to time limits up to which rented rooms at the end of the lease are to evacuate.
Type 94 (1) without prejudice to the State regulations, which concern the operation of the Pfandleihanstalten.
(2) provisions affect the rules according to which public Pfandleihanstalten entitled, which pledged them, things the legitimate only against payment of the loan granted to the thing to give out.
Type 95 (void) type 96 without prejudice to the provisions relating to a with the temporary assignment of a property in connection Leibgedings -, Leibzuchts -, Altenteils -, or extract contract, insofar as they regulate the obligations resulting from the agreement in case that special arrangements be made.
Type 97 (1) without prejudice to the State regulations governing the registration of creditors of the State in a State debt register and the legal relationships arising out of the registration, in particular the transmission and load a book claims of.
(2) where under these regulations, a wife is entitled independently to make proposals, this right is excluded, when a note in favour of the husband in the debt register is registered. Such a note is to be entered, if the wife or with their consent, the husband applied for registration. The wife the husband is obliged to grant the consent, if she can have the book claims only with the consent of the husband after the matrimonial property existing among them.
Type 98 unaffected remain issued the provisions relating to the redemption or conversion of interest-bearing debt for the bearer securities or who are registered in the State debt register.
Type 99 without prejudice to the provisions relating to the public savings banks, without prejudice to the provisions of section 808 of the civil code and the provisions of the civil code through the establishment of Ward money.
Type 100 provisions affect the rules, according to which when debt securities holders, issued by the State or a non-it Corporation, Foundation or institution of under public law: 1 the validity of the signature by the observation of a particular form depends on, even though such a provision in the deed is not recorded;
2. the claim referred to in section 804 para 1 of the civil code is excluded, even if the exclusion in the interest or pension certificate is not intended.
Art 101 unaffected remain the State provisions which commit the State or bodies belonging to him, foundations and institutions of under public law by way of derogation from the requirement of section 806 sentence 2 of the German civil code, rewrite the issued by them, to the bearer bonds in the name of a certain legitimate and to the State regulations, which the legal relationships arising from the definition of such a bond , including annulment of the rules.
Art 102 (1) without prejudice to the provisions relating to the annulment and the payment block in respect of the documents referred to in the section 807 of the German civil code.
(2) prejudice to the State rules, which determine a different procedure than the contingent proceedings for the annulment of the documents referred to in the section 808 of the civil code.
Type 103 (void) type 104
The provisions relating to the claim for refund with wrong of his public duties or costs of proceedings shall remain unaffected.
Art 105 remain unaffected the laender legislation, according to which the contractor of a railway company or other common risk-related operations for the damage out of operation to further extent than under the provisions of the civil code is responsible.
Footnote article 105 italics: except force set by article 12 par. 2 G v. 29.4.1940 I 691 mWv 1.4.1940, insofar as it relates to the liability of the railways and tramways type 106 provisions affect the rules, according to which, if a plot as the public use must be used to a plant or a plant, the entrepreneurs of the installation or operation of the damage is responsible , which is caused by the installation or operation of public use of the land.
Art 107 without prejudice to the provisions relating to the obligation to compensate of the damage caused by the offence against a criminal law passed for the protection of land.
Art 108 without prejudice to the provisions relating to the obligation to compensate of for damage which arises when a riotous, a casserole, or a riot.
Art 109 without prejudice to the provisions relating to withdrawal in the public interest, corruption or use a thing, restricting the ownership and deprivation or restriction of rights. On the compensation to be granted to landesgesetzlicher rule because of such intervention, the provisions of articles of 52 and 53 application find, if not the State laws determine another. The State rules can't determine that for a transaction, for which notarization is required, another form is sufficient.
Type 110, the State regulations, which regulate the rights of the involved land in the event that destroyed buildings in another location will be restored, remain unaffected.
Type 111 affect the State rules, which restrict the property in consideration of actual orders in the public interest.
Art 112 without prejudice to the provisions relating to the treatment of land dedicated to a railway or Kleinbahn company and other assets as a unit (train), about the sale and loading a such train unit or its components, in particular the load in the event of the exhibition by bonds on the owner, and the resulting legal relationships as well as the liquidation for the purpose of satisfaction of creditors , where a right to separate satisfaction from the components of the car unit.
Art 113 without prejudice to the provisions relating to the consolidation of land, the Division of meanness, regulating the ways, the order of gutsherrlich peasant relations as well as the replacement, transformation or limitation of easement and real loads. This is true in particular of the provisions which have the Community Affairs established by a procedure of this kind to the subject or which relate to the acquisition of property on the establishment, change and suspension of other rights on land and on the rectification of the land register.
Art 114 affect the State regulations, according to which the detachment pensions payable to the State or a public institution as a result of the order of gutsherrlich peasant relations or the replacement of easements, real loads or the upper feudal glory and other real burdens to their reasoning and the effectiveness against the public faith of the land register non-inclusion of the need.
Type 115 unaffected remain regulations, which prohibit the burden of real estate with certain easements or limited personal easements or with real loads or restrict, as well as the State regulations, which specify the content and the degree of such rights the laender.
That in articles 113 to 115 type 116 designated provisions regulations does not apply to that after the §§ 912, 916 and 917 of the civil code to money payable, pensions and the in the §§ 1021 and 1022 of the civil code certain entertainment duties.
Type 117 (1) without prejudice to the State regulations, which prohibit the loading of a property over a certain threshold.
(2) prejudice to the State regulations, which prohibit the loading of a plot of land with a non-cancelable mortgage or mortgage or time restrict the exclusion of the right of termination of the owner on mortgage claims and land charges and pension debts for a shorter than those in section 1202 para 2 of BGB (Bürgerliches Gesetzbuch) (civil law only allow certain time.
Style 118 State affect the rules, which a cash bond, mortgage, mortgage or pension debt, which is the State or a public institution due to a loan granted to the improvement of polluted land, concede the precedence of other strains of the land. For the benefit of a third party, the provisions of § § find 892 and 893 of the civil code application.
Type 119 provisions affect the rules, what 1 restrict the sale of land;
2. the Division of an estate or the separate sale of land have been cultivated so far together prohibit or restrict.
Type 120 (1) without prejudice to the State regulations, which in the case of the sale of part of a property this part is free of the pollution of the land, if the competent authority determines that the change in the law for the beneficiaries is harmless.
(2) provisions affect the rules, according to which under the same condition: 1. in the case of Division of a plot of land a real load-bearing the real burden on the individual parts of the land; distributed
2. in case of the removal of a right to the respective owner of a plot of land at a different plot the consent of those unnecessary is the property of the owner is loaded in their favor;
3. in the cases of article 1128 of the civil code and of article 52 of this law of compensation related to the owner will be released from the right to a third party to the claim.
Art 121 affect the laender legislation, according to which in case of Division of a parcel of land contaminated for the State or a public institution with a real load only a portion of the land with the real load remains charged and for the remaining parts with similar real loads will be charged for the benefit of their respective owners in this part.
Type 122, the State rules that govern the rights of the owner of a plot of land in consideration of the trees standing on the border or on the adjacent property by way of derogation from the provisions of section 910 and 923 paragraph 2 of the civil code remain unaffected.
Type 123 prejudice the State rules, which grant the right of emergency travel for the purpose of a plot of land with a waterway or a railway connection.
Type 124 the State regulations, which subject to the ownership of land for the benefit of the neighbors yet other than the restrictions specified in the civil code remain unaffected. This is true in particular of the provisions according to which plants and trees and shrubs only at a certain distance from the border should be kept.
Type 125 remain untouched the State regulations, which include the provision of section 26 of the trade regulations on railway, steamship - and similar transport companies.
Type 126 by State law ownership attributable to the State on a plot of land can be transferred to a municipal Association and due to a municipal Association on a plot of land ownership to a different community or on the State.
Art 127 without prejudice to the provisions relating to the transfer of ownership of a plot of land that is not registered in the land registry and according to the rules of the land following the transfer does not needs to be entered.
Type 128 without prejudice to the provisions relating to the establishment and abolition of servitude on a property that is not registered in the land registry, and according to the rules of the land does not need to be entered.
Type 129 prejudice the State regulations, according to which the right to the acquisition of a plot of land given to article 928 of the civil code in place of the Treasury of a certain other person is.
Type 130 without prejudice to the provisions relating to the right to independently of belonging to another, affected outdoor pigeons.
Art 131
Without prejudice to the State regulations, which specify the community relationship, exclude the application of paragraphs 749 to 751 of the civil code for the case that each of the co-owners of a plot of land with a building is granted to the exclusive use of any part of the building, and in the event of insolvency proceedings against the assets of a co-owner the law for the insolvency assets to demand the abolition of the community , fail.
Art 132 without prejudice to the provisions relating to the burden of the Church and the school Baulast.
Art 133 without prejudice to the provisions relating to the right to use a space in a building dedicated to the public service or on a public burial ground.
Art 134 to 136 (dropped out) type 137 provisions affect the rules on the principles according to which in the cases of § 1376 para 4, § 1515 1934 b paragraph 1 and of article 2049 and 2312 of the civil code as well as section 16 para 1 of the land transport act in the Federal Law Gazette Part III, outline number 7810-1, published par. 2 and 3, § adjusted version, most recently by article 2 No. 22 of the law of 8 December 1986 (BGBl. I S. 2191) has been modified that is the income of a country estate.
Type 138 without prejudice to the State regulations, which in the case of § 1936 of the civil code in place of the Treasury a corporation, Foundation or institution of under public law is legal heritage.
Type 139 prejudice the State regulations, according to which a succession, a claim of part of duty or right on certain things is to the Treasury or another legal person in respect of the estate of a person verpflegten or supported.
Art 140 affect the State rules, according to which the probate in § 1960, paragraph 1, of the Civil Code also among others as the designated conditions making an estate directory and until its completion the necessary security measures, in particular the establishment of seals, officio may order or should.
Art 141 and 142 type 143 (1) (lapsed) (2) does not affect remain (dropped out) the laender legislation, according to which a plot of land of the simultaneous presence of the two parts is not required for the conveyance, if the property is been auctioned by a notary and the dissolution takes place in the auction date.
Type 144 which can land laws determine that the Youth Welfare Office can transfer to an incorporated association the five with the consent of the parent, which a permit has been granted to do so according to section 54 of the eighth book of the social code.
Type 145 and 146 (dropped out) art 147 prejudice the State regulations, other bodies as courts are responsible for the tasks of the service court or of the Probate Court.
Type 148 (dropped out) type 149 to 151 (dropped out) art 152 without prejudice to the State rules, which determine the operations, which under the provisions of the civil code to the proceedings and to enter lis pendens linked effects for the proceedings to be completed not according to the rules of civil procedure. Insofar as such rules are missing, apply the appropriate provisions of the code of civil procedure.
Part four transitional provisions art 153 to 156 (void) the provisions of the French and the Baden laws about the chosen place of residence remain type 157 for legal relationships that determine these laws, unless the residence prior to the entry into force of the civil code has been chosen.
Art 158 to 162 (void) find kind 163 on the, legal entities existing at the time of entry into force of the Civil Code of that time the provisions of §§ 25-53 and 85 to 89 of the civil code application, where is not specified another in articles 164 to 166.
The provisions relating to the stay type 164 in force at the time of entry into force BGB (Bürgerliches Gesetzbuch) (civil law existing real communities and similar associations, whose members as such are entitled to uses of agricultural and forestry land, mills, breweries and similar equipment. It makes no difference whether the real communities or other associations are legal entities or not and whether or not the authorization of members on real estate is linked.
Type 165 in force are the rules of the Bavarian laws regarding the private position of clubs as well as working and economic societies, by 29 April 1869 in consideration of those associations and registered companies, which at the time of entry into force of the civil code are on the basis of these laws.
Type 166 remain In place of the Saxon law by June 15, 1868, concerning legal persons, in consideration of those person clubs, which have acquired legal capacity at the time of entry into force of the civil code by entry in the register of the cooperative.
Art 167 remain In force the State regulations, which relate to the landscape or noble credit institutions existing at the time of entry into force of the civil code.
168 remains of those who derive rights from an unauthorized restricting existing at the time of entry into force of the Civil Code provide effective, without prejudice to the provisions of the civil code in favour of.
The provisions of the civil code over the Statute of limitations find kind 169 (1) on the incurred prior to the entry into force of the civil code, still not verjährten claims application. The beginning as well as the suspension and interruption of the limitation period are determined however for the period prior to the entry into force of the civil code according to the existing laws.
(2) law book is the Statute of limitations after the civil shorter than after the previous laws, the shorter period is calculated code on the entry into force of the civil. The longer period determined in the previous laws earlier than those in the civil running shorter term but code, the Statute of limitations with the expiry of the extended period is completed.
The existing laws remain type 170 for a contractual obligation created prior to the entry into force of the civil code, shall be decisive.
Type 171 a rental existing at the time of entry into force of the civil code, lease or service relationship determined, if not the cancellation is made after the entry into force of the civil code for the first date for which it is allowed under the existing laws, from this date on accordance with the provisions of the civil code.
Type 172 is one thing, at the time of entry into force of the civil code was rented or leased, sold after this time or burdened with a law, the lessee or tenant has the rights specified in the civil code the acquirer of the thing or the right to. Further rights of the lessee or tenant, arising from the existing laws remain unaffected, without prejudice to the provisions of article 171. type 173 on one at the time of entry into force of the civil find code existing Community fractions by this time the provisions of the civil code application.
Art 174 (1) of the entry into force of the civil code the provisions apply to the previously issued notes in bearer sections 798-800, 802 and 804 and 806 sentence 1 of the German civil code. Non-interest bearing notes payable over the term, interest, pensions and profit participation certificates the previous laws remain decisive for the annulment and the payment block.
(2) the limitation period of the claims under the bonds issued before the entry into force of the civil code on the holder is determined, without prejudice to the provisions of section 802 of the civil code, according to the existing laws.
Footnote article 174 paragraph 1 sentence 2 italic: "Interest, pension and profit participation certificates" must really loud type 175 for interest, pension and profit participation certificates, which are issued after the entry into force of the civil code for a bearer instrument issued prior to this time, the laws are applicable, which apply to the same kind of certificates issued before the entry into force of the civil code.
Art 176 the currency notes on the holder does not take place after the entry into force of the civil code. A previously carried out currency loses its effect with the entry into force of the civil code.
Type 177 by the entry into force of the civil code 808 para 2 apply to previously issued certificates of the kind referred to in section 808 of the civil code, unless the debtor only against handing over the deed to the performance is required, the provisions of § set 2 and 3 of the civil code and article 102 § 2 of this Act.
Type 178
A pending at the time of entry into force of the civil code procedure which has the annulment of a bearer bond or certificate of the type referred to in section 808 of the civil code or the payment block for such a paper on the subject, is to do according to the existing laws. According to these laws determine the effects of the procedure and the decision.
A claim from an obligation has become art 179 According to the existing laws by registration in a public register of effectiveness against third parties, so he keeps this effectiveness even after the entry into force of the civil code.
Type 180 on an ownership existing at the time of entry into force of the civil code find this time, without prejudice to article 191, the provisions of the civil code application.
Find type 181 (1) ownership existing at the time of entry into force of the civil code by that time the provisions of the civil code application.
(2) is more not to split ownership of a thing at the time of entry into force of the civil code or a special ownership of these products of a lot, especially on trees, is justified at this time, so these rights remain in place.
Type 182 remains the property existing at the time of entry into force of the civil code. The legal relationship of the parties themselves shall be determined according to the existing laws.
Art 183 in favor of land that at the time of entry into force of the civil code with forest is passed to remain the State rules, which determine the rights of the owner of a neighbouring property in consideration of on the border or on the grounds of forest trees and shrubs by way of derogation from the provisions of section 910 and section 923, paragraph 2 and 3 of the civil code to the next regeneration of the forest in force.
184 rights which a thing or a right at the time of entry into force of the civil code is loaded, remain way with the content resulting from the previous laws and rank exist, if not another results from 192 to 195 articles. The entry into force of the civil code the provisions of § 1017 for an easement however apply to a leasehold the provisions of §§ 1020 to 1028 of the civil code.
Art 185 is not yet complete at the time of entry into force of the civil code the prescription of ownership or usufruct of a movable thing, so the provisions of the article apply 169 corresponding on the prescription.
Footnote article 185 italics: must properly 'article' loud kind 186 (1) the procedure, in which the establishment of land registration is carried out, as well as the time in which the land for a district as created is, are determined for each State by Sovereign Ordinance.
(2) is to look at the land registry for a district as created, the establishment for such belonging to the District of plots, which have still not a leaf in the land registry as is to see, as far as not specific plots of land by special arrangement are excluded.
Sort 187 (1) an easement that currently exists to which the land as laid to see is, is needed to preserve the effectiveness against the public faith of the land register not registered. The registration has to be if she is; required by the owner or by the owner of the contaminated land the costs are to be borne by one and overshooting, which requires registration.
(2) by State law, it can be determined that the existing easements or individual species to preserve the effectiveness against the public faith of the land register with the establishment of the land register or later in the land register to be entered. The provision may be limited to individual cadastral districts.
Type 188 (1) can be determined by Sovereign Ordinance, that legal deposit rights that currently exist, to which the land as arranged is, to preserve the effectiveness against the public faith of the land register during a decade not exceeding, non-inclusion of the need by the entry into force of the civil code to calculate period.
(2) by Sovereign Ordinance, it can be determined that given and lease rights, which exist at the time as a property rights referred to in paragraph 1, non-inclusion of the need to preserve the effectiveness against the public faith of the land register.
Art 189 (1) the acquisition and loss of property as well as the establishment, transfer, loading and lifting another right in a property or a right to such right be made even after the entry into force of the civil code according to the existing laws is the land as laid. The same is true of the change of the contents and the ranges of rights. An law invalid under the provisions of the civil code can no longer be justified after the entry into force of the civil code.
(2) is at the time, to which the land as applied to look at is the owner as the legitimate registered in the land registry, so the provisions apply article 169 corresponding to a session that is still not completed at this time, under section 900 of the civil code.
(3) the suspension of a right, a plot of land or a right to a plot has burdened at the time, to which the land as applied is to be also follows this time according to the existing laws until the right in the land register will be entered.
Type 190 extends on all lands that are currently abandoned, to which the land as applied to look at is the appropriation law attributable to the State Treasury pursuant to section 928 para 2 of the civil code. The provisions of article 129 finds appropriate application.
The previous laws on protecting owned an easement or a limited personal easement apply type 191 (1) after the entry into force of the civil code, is to be to the land registry for the contaminated land as arranged.
(2) from the time on which the land as applied to look at is, find to protect of the exercise of an easement which holding a permanent system is connected, the rules applicable to the protection of possession of the civil code mutatis mutandis, as long as easements of its kind under article 128 or 187 to preserve the effectiveness against the public faith of the land register require no registration. The same goes for easements of other kind with the proviso that the protection of possession is granted only if the easement in each of the past three years before the fault is exercised at least once.
Type 192 (1) one at the time, to which the land as applied is, Lien existing on a property is considered for a mortgage for which the granting of the mortgage note is excluded from this time. Is the amount of the claim for which the lien is, not determined, the lien is valid as securing mortgage.
(2) the lien is so limited that the creditors can seek satisfaction from the site only in the ways of the receivership, this restriction is maintained.
Type 193 by State law to determine that a lien which applies under article 192 rather than securing mortgage, should apply as securing mortgage or a mortgage for which the granting of the mortgage note is not ruled out, and that a certificate issued on the lien should be regarded as a mortgage note.
Type 194 by State law to determine that a creditor whose Lien is the deletion of a previous rank or standing just lien, if it merges with the property in a person, at the time referred to in articles 192 to demand in the same way is entitled, as if to ensure the right to delete a flag in the land was registered.
Type 195 (1) one at the time, to which the land as is to be created, existing mortgage is considered from this time ground fault within the meaning of the civil code and a certificate issued on the mortgage as a mortgage letter. The provisions of article 192 para 2 finds appropriate application.
(2) by State law can be that an existing mortgage will apply at the time referred to in paragraph 1 as a mortgage for which the granting of the mortgage note is not excluded, or securing mortgage and that a certificate issued on the mortgage should be regarded as a mortgage note determines.
Type 196 by State law can be determined that on an on a plot existing inheritable and transferable right of use which be found on legislation relating to land and the acquisition of such right for the acquisition of ownership of a property, the rules of the civil code application.
Art 197
The State regulations, after the termination of the right of use a law of the same type can be newly established according to which in consideration such land regarding which at the time of entry into force of the civil code not covered in the article 63 rural use there is a right, and the Lord of the Manor to the grounds is required remain in force.
Type 198 (1) the validity of a marriage concluded before the entry into force of the civil code are governed by the existing laws.
(2) according to the existing laws void or invalid marriage is regarded as valid from the outset, if the spouses at the time of entry into force of the civil code as spouses live together and the reason on which the nullity or invalidity is based, according to the regulations of the civil code have the invalidity or the voidability of marriage does not entail, or this effect would have lost. The time limit for contesting in the German civil code does not begin before the entry into force of the civil code.
(3) the annulment of a marriage took place under the previous laws is just the Declaration of invalidity according to the civil code.
Type 199 the personal legal relations of the spouses to each other, in particular the mutual obligation to pay maintenance, determine for the marriages existing at the time of entry into force of the civil code according to its regulations.
The previous laws remain applicable type 200 (1) of the matrimonial property of marriage existing at the time of entry into force of the civil code. This applies in particular also by the regulations about the inheritance effects of the matrimonial property and by the rules of the French and the Baden law on the procedure under spouse assets secretions.
(2) a permissible under the provisions of the civil code system of matrimonial property can even be taken by marriage contract, if a prenuptial agreement would be inadmissible according to the existing laws.
(3) (void) 201 (1) divorce and the annulment of marriage be the entry into force of the civil code according to its regulations.
(2) (dropped out) art 202 for the effects of a persistent or temporary separation between table and bed, which has been awarded before the entry into force of the civil code the previous laws remain applicable. This applies in particular also by the regulations, which is equivalent to a continuing until the death of one of the spouses separation in all or individual relations of dissolution of marriage.
Type 203 determined the legal relationship between the parents and a legitimate child born before the entry into force of the Civil Code of the entry into force of the civil code according to its regulations.
Art 204 to 206 (void) type 207 to what extent the children from a void or invalid marriage concluded before the entry into force of the civil code as legitimate children are, and to what extent the father and the mother have the duties and rights of parents born in wedlock, shall be determined according to the existing laws.
Type 208 (1) determines the legal status of unmarried child born before the entry into force of the Civil Code of the entry into force of the civil code according to its rules; However, for the investigation of paternity, the right of the child to the family name of the father, and the maintenance obligation of the father the previous laws remain applicable.
(2) to what extent the legal status of a legitimate child is a child out of wedlock generated before the entry into force of the civil code for a special reason, especially because production in the wedding stand, and to what extent the father and the mother of such child have the duties and rights of parents born in wedlock is determined according to the existing laws.
(3) the provisions of paragraph 1 apply also to a child recognized by the French or the laws of Baden.
Type 209 to what extent a legitimate before the entry into force of the civil code or child instead of adopted child the legal status of a legitimate child has and to what extent the father and the mother have the duties and rights of parents born in wedlock, shall be determined according to the existing laws.
By this time the rules of the civil code application find type 210 (1) on a guardianship existing at the time of entry into force of the civil code or curatorship. The guardianship because of a physical illness is arranged, shall be deemed a to section 1910 para 1 of the civil code on guardianship. The guardianship for mental weakness is arranged, without being a guardianship is, shall be deemed a guardianship arranged according to § 1910 para 2 of the civil code for the financial matters of the Geistesschwachen.
(2) the previous guardians and caregivers stay in Office. The same is true in the scope of the Prussian guardianship order of July 5, 1875 for the family Council and its members. A counter guardian is to dismiss, if under the provisions of the civil code a counter guardian not to order would be.
Art 211 type 212 remain In force (void) the State regulations, according to which the establishment of Ward money suitable for certain securities are explained.
Art 213 for the inheritance relationships remain decisive if the deceased prior to the entry into force of the civil code is dead, the previous laws. This applies in particular also by the rules governing the erbschaftliche winding-up proceedings.
Type 214 (1) the construction occurred prior to the entry into force of the civil code or the revocation of a disposition of property upon death is judged according to the existing laws, even if the testator dies after the entry into force of the civil code.
(2) the same applies to the binding of the deceased with an inheritance or a community will, unless the contract of inheritance or the Testament before the entry into force of the civil code has been built.
Type 215 (1) who has gained the ability to establish a disposition of property upon death and built such a available before the entry into force of the Civil Code retains the ability, even though he has not yet reached the age required by the civil code.
(2) the provisions of § 2230 of the civil code for a application that a testament established after the entry into force of the Civil Code of dead deceased prior to that date.
Art 216 (void) type 217 (1) the establishment of an Erbverzichtsvertrags took place before the entry into force of the civil code, as well as the effects of such a contract are determined by the existing laws.
(2) the same is true of a contract concluded before the entry into force of the civil code, an Erbverzichtsvertrag has been abrogated by the.
Art 218 unless the existing laws of the land remain applicable according to the provisions of this section, can be modified even after the entry into force of the civil code by State law.
Part five transitional provisions cause of recent changes of the civil code and this introductory Act type 219 transitional provision to the law of 8 November 1985 on the reorganization of agricultural lease law (1) lease conditions on the basis of contracts concluded before 1 July 1986, follow from then on the new version of §§ 581-597 of the civil code. Contractual provisions on the inventory are based on previously existing law, each Contracting Party has the right to explain that for the lease agreement as far as the old law should continue to apply until 30 June 1986. The Declaration is to make to the other part of the contract. It requires the written form.
(2) paragraph 1 shall apply accordingly to legal relationships, referenced to the regulation to the existing provisions of §§ 587 to 589 of the civil code. On one before in paragraph 1 sentence 1 day referred to ordered usufruct is however § 1048 paragraph 2 in conjunction with the paragraphs 588 and 589 of the civil code as previously amended the regulations continue to apply.
(3) in judicial proceedings, that at the beginning of the in paragraph 1 sentence of 1 above day are pending, is to decide on the extension of the leases under the existing law.
Art remains existing private international law applicable 220 transitional provision of the law of July 25, 1986, to the rules of private international law (1) on operations completed before 1 September 1986.
(2) the effects of harmonizing legal relationships are subject to by the day referred to in paragraph 1 to the rules of the second chapter of the first part.
(3) the marital property effects of marriages, which have been closed after 31 March 1953 and before April 9, 1983, are subject to up to 8 April, 1983 1 the laws of the State of which both spouses during the marriage belonged to, else 2 the right which the spouses have assumed or whose application they are assumed, especially after they have closed a prenup , alternative 3 the law of the State, was a member of the husband during the marriage.
For the period after April 8, 1983, article 15 shall apply. This occurs for marriages, the previously set to apply 1 No. 3 was, in place of the date of the marriage April 9, 1983. If claims due to the termination of the former matrimonial property would result from a change of the law applicable to the end of April 8, 1983, they shall apply until the date referred to in paragraph 1 as deferred. On the marital property effects of marriages concluded after April 8, 1983, article 15 shall apply. The marital property effects of marriages concluded prior to April 1, 1953, remain unaffected; the spouse can meet under article 15 para. 2 and 3 but a choice of law.
(4) (lapsed) (5) (dropped out) art 221 transitional provision of the law of 26 June 1990 amending the Labour Court Act and other employment rights legislation in one before July 1, 1990 termination prior to are at the calculation of the period of employment is taken into account when on 1 July 1990 1 not yet terminated the employment relationship also periods completed between the completion of the twenty-fifth year of life and the age of the thirty-fifth, or 2. a dispute over the date of the termination of employment is pending.
222 transitional provision of the notice law of 7 October 1993 cancellation received before October 15, 1993 is article 1 of the Act of cancellation period of 7 October 1993 (Federal Law Gazette I p. 1668), on 15 October 1993 1 the employment relationship is not yet finished and the provisions of article 1 of the law of notice of 7 October 1993 for the workers are cheaper than before October 15, 1993 legal regulations or 2. If a dispute is pending , where the decision on the date of termination of employment depends on a) the provision of sec. 622 para 2 sentence 1 and set 2 first half-sentence of the civil code as amended by article 2 No. 4 of the first labour law Cleanup Act of August 14, 1969 (BGBl. I p. 1106) or b) the provisions of § 2 para 1 sentence 1 of the Act on the time limits for the termination of the employees in the Federal Law Gazette Part III , Outline number 800-1, adjusted version published recently by article 30 of the law of 18 December 1989 (Federal Law Gazette I p. 2261) is has been modified so far as then the employment of usually more than two employees by the employer is a prerequisite for the extension of deadlines for the termination of employees.
Art 223 transitional provision five law of 4 December 1997 (1) existing legal Amtspflegschaften according to §§ 1706 to 1710 of the civil code be on July 1, 1998 to Beistandschaften according to §§ 1712-1717 of the civil code. The previous Office nurse will support. The task group of assistance corresponds to the previous task district; by January 1, 1999 others fall away code designated tasks than those in section 1712, paragraph 1, of the civil. This does not apply no. 3 of the civil code according to § 1706 for running of procedures.
(2) as far as tasks code were transferred to section 1690 para 1 of the civil Youth Office as counsel, this Beistandschaften be on July 1, 1998 to Beistandschaften according to §§ 1712-1717 of the civil code. Paragraph shall apply accordingly 1 sentence 3. Other Beistandschaften of the youth welfare office ends on 1 July 1998 (3) as far as tasks code other advisers as youth offices were transferred to section 1690 para 1 of the civil code, are these Beistandschaften on July 1, 1998 to Beistandschaften according to §§ 1712-1717 of the civil code. Paragraph 1 sentence 3 half-sentence 1 shall apply accordingly. This Beistandschaften end to apply on January 1, 1999 type 223a transitional provision on the occasion which is repeal of section 419 of the Civil Code Section 419 of the civil code in force until the expiration of the December 31, 1998 amended on capital acquisitions, the up to this point will take effect.
Art 224 transitional provision of the child law reform act of 16 December 1997 § 1 ancestry (1) as regards a paternity before 1 July 1998 born child varies according to the existing regulations.
(2) challenging the legitimacy and the appeal against of the recognition of paternity are based on the new rules about the contesting of paternity.
(3) section 1599, paragraph 2, of the civil code is correspondingly apply to children who were born before the date referred to in paragraph 1.
(4) was the child prior to the date referred to in paragraph 1 the challenge, because a legal prerequisite challenge fact not existed, or has it previously not made use of its right of rescission, because it not had the requisite knowledge prior to completion of the 20th year of life, so begins a two-year period for the contestation of paternity for the child on the day referred to in paragraph 1. Is a legal challenge due to time limit or absence of a legal challenge was been rejected, so the legal force of the decision of a further complaint does not preclude.
(5) the effectiveness of an injunction by the guardianship court has determined the paternity according to the existing regulations does not preclude the appeal of the child, the new law, a complaint is entitled to. The appeal period begins on July 1, 1998.

§ 2 parental concerns (1) has been declared a child at the request of the father for legitimate, this is so as a decision pursuant to section 1671, subsection 2 of the civil code to look at. The mother has agreed in the Declaration so the father remains committed to, the child and its descendants from the mother and maternal relatives to the granting of maintenance if not caring again transmitted of mother.
(2) a child at his request been declared after the death of his mother for legitimate, this is as a decision pursuant to section 1680 para 2 sentence 2 of the civil code to look at.
(3) (fallen away) to (5) article 3 (1) child's name introduces before 1 July 1998 child born a birth name, so it retains this name. § 1617 b, c 1617 and 1618 of the civil code remain unaffected § 1617a 2 and the section.
(2) 1617 para 1 and § 1617 c of the Civil Code apply to a child born after 31 March 1994 even if a child born before 1 April 1994 same parents leads a birth name consisting of the name of the parents section.
(3) in the cases of paragraph 2 the parents can determine their also the composite name that leads the child born before 1 April 1994 as a birth name, by declaration to the Registrar the birth name after 31 March 1994 born child. The determination shall be effective for all children; § 1617 para 1 sentence 2 and 3 as well as § 1617c para 1 of the Civil Code shall apply mutatis mutandis.
(4) a name in a German Personenstandsbuch is in the cases of paragraph 2 for the child born after 31 March 1994 at entry into force of these regulations, the child retains the registered name for the birth name. Parents can determine the birth name of the child born before 1 April 1994 for the birth name of the child's born after 31 March 1994 within one year following the entry into force of this regulation. Paragraph 3 sentence 2 shall apply accordingly.
(5) a name composed from the names of the parents as the birth name in a German Personenstandsbuch is for a child upon entry into force of that provision, so the parents can determine the name of the father or the mother leads to the time of the Declaration, by declaration to the Registrar to this child's birth name. Paragraph 3 sentence 2 shall apply accordingly. Have determined the parents already the name of the father or the mother to the birth name of one of their children's name, only this name cannot be determined for the other children.
(6) paragraphs 3 to 5 do not apply if several children born before 1 April 1994, same parents are different birth name.
Art 225 reconciliation rule to housing modernization Safety Act article 231 § 8 para 2 is not applicable, if a final judgment has been before 24 July 1997 about the existence of the contract or concluded an effective agreement. Article 233 is set 3 and sections 13 and 14, as well as article 237 paragraph 1 shall apply, as far as a final judgment on 24 July 1997 in respect of legal relationships in designated thereon has been section 2, paragraph 2, article 11, par. 3, sentence 5 and paragraph 4 or an agreement of the parties.
Type 226 reconciliation provision to the law of May 4, 1998, to the restructuring of the marriage law (1) the annulment of a marriage concluded before 1 July 1998 is excluded, if the marriage not had until then law can be repealed or annulled.
(2) before 1 July 1998 the nullity or annulment proceedings have been raised, the law in force until then remains decisive for the requirements and consequences of invalidity or revocation, as well as for the procedure.
(3) Furthermore, the provisions shall apply to the marriages concluded before 1 July 1998 amended applicable from July 1, 1998.
Type 227
Transitional provision of the law on inheritance law equality unmarried children of 16 December 1997 (1) which are regulations about the inheritance of the unmarried child continue to apply when 1 the deceased has died before that date to April 1, 1998, or 2 about the heritage compensation reached an effective agreement or been awarded the heritage compensation determined by final judgment.
(2) a heritage compensation is not reached the provisions of § 2050 bs will apply to payments, which the father has done the child with regard to the balance of heritage and not recovered. 1, § 2051 (1) and of article 2315 of the civil code accordingly.
Type 228 the §§ 675a 676 g of the Civil Code do not apply transitional provision of the transfer Act (1) for transfers, transmission and payment contracts, whose settlement was begun before August 14, 1999.
(2) §§ 675a shall not apply until 676 g for domestic payments and transfers to other than those in section 676a para 2 sentence 2 No. 1 of the Civil Code referred to countries whose settlement was begun before 1 January 2002. The hitherto applicable provisions and principles apply to these transactions.
(3) §§ 676a 676 g do not apply to domestic payments in the pension insurance funds in the pension number procedure and similar domestic payments of other social security institutions.
(4) sections 676a leave provisions in international treaties, in particular from the postal giro Convention and the postal order Convention unaffected until 676 g of the civil code.
Art 229 more excess line rules (dropped out) § 1 reconciliation provision to the law to speed up due payments (1) replaced by the applicable § 284 paragraph 3 of the civil code in the 1 May 2000 also applies to debts incurred before that date. Invoices received before this date do not trigger the effects of § 284 paragraph 3. Requirements apply which are due from this point on are all § 288 of BGB (Bürgerliches Gesetzbuch) (civil law and § 352 of the commercial code in force since 1 May 2000 respectively.
(2) §§ 632a, 640, 641, 641a and 648a of starting May 1, 2000 amended shall apply insofar as nothing else is determined, not for contracts that have been concluded before that date. Section 641, paragraph 3 and section 648a par. 5 sentence 3 in the 1 May 2000 are also apply to agreements previously concluded. § 640 applies to such contracts with the proviso that the running of the period is given only begins with the 1st May 2000.

Section 2 transitional provisions are the § 241a, 361a, 361 b, 661a and 676 h of the civil code to the Act of 27 June 2000 to apply only to situations arising after June 29, 2000.

Article 3 transitional provisions to the Act on the reorganization, simplification and reform of the tenancy law of 19 June 2001 (1) on an tenancy existing on 1 September 2001 or lease are set 1 1. in case of cancellation received before 1 September 2001 section 554 para 2 No. 2, §§ 565 565 c apply no. 1 b, section 565d, subsection 2, paragraph 570 of the civil code as well as section 9, paragraph 1, of the Act to regulate the rent amount respectively in the version applicable up to that time.
2. in the case of one before 1 September 2001 received rent increases desire or a rent increase statement received before that date paragraphs 2, 3, 5, 7, 11 to 13, 15 and 16 of the Act to regulate the rental amount in the version applicable up to that time to apply. In addition rent increases are even after the date referred to in sentence 1 according to § 7 para 1 to 3 of the Act to regulate the rental amount in the version applicable up to that time, in the case of leases in the sense of § 7 (1) of the Act;
3. in case of Declaration of a change in operating costs received before 1 September 2001 section 4 para 2 to 4 of the Act to regulate the rental amount in the version applicable up to that time to apply;
4. in the case of a declaration received before 1 September 2001 on the payment of operating expenses § 4 paragraph 5, sentence 1 No. 2 and section 14 of the Act to regulate the rental amount in the version applicable up to that time to apply.
5. in the event of death of the lessee or tenant the §§ 569 569, 570 b paragraph 3 and article 594d, paragraph 1, of the civil code in force until 1 September 2001 amended to apply, if the tenant or tenant prior to this date, passed away in case the landlord termination of a lease on housing against the heirs but only if received the notice of termination; the heirs prior to this date
6. in the case of a communication received before 1 September 2001 on the implementation of modernization activities § 541 b of the civil code, in the version applicable up to that time to apply.
7. with regard to the maturity section 551 of the civil code in force until 1 September 2001 amended to apply.
(2) on 1 September 2001 existing tenancy within the meaning of § 564 can b para 4 No. 2 or § 7 No. 4 of the civil code in force until 1 September 2001 amended nor up to August 31, 2006 according to § 564 b of the civil code in the above mentioned version be terminated.
(3) on an existing on 1 September 2001 tenancy on certain time (c) in conjunction with § 564 are § 564 b as well as the § 556a 556 c, to apply 565a para 1 and article 570 of the civil code, in the version applicable up to that time.
(4) on an existing on 1 September 2001 tenancy where the operating costs fully or partially in the rent are included, is due to increases in the operating costs section 560, paragraph 1, to apply 2, 5 and 6 of the civil code according to insofar as it is agreed in the lease that the tenant has to pay increases in the operating costs; Section 560, paragraph 3, of the Civil Code shall apply mutatis mutandis when reductions of operating costs.
(5) on a rent index, have been created prior to September 1, 2001, under conditions according to article 558d, paragraph 1 and 2 of the civil code, the provisions concerning the qualified rent prices are to apply when the municipality has released it as such after September 1, 2001. The rent prices before that date had already been published it is sufficient, if the town has described him later publicly as qualified rent prices. In any case, section 558a subsection 3 and section 558d, subsection 3, of the civil code are not applicable on rent increase request, which went to the tenant prior to this release.
(6) on rented housing, located in an area, which due to 1 of § 564b para 2 No. 2, also in conjunction with no. 3, of the civil code in force until 1 September 2001 amended or 2 of the Act on the social clause in areas with endangered housing market by April 22, 1993 (Federal Law Gazette I p. 466, 487) is determined, on 31 August 2001 mentioned above regulations about restrictions of the lessor's right to terminate up to August 31 2004 continues to apply. Elapsed on 1 September 2001 already part of a period after the above mentioned provisions will be applied to the time limit under section 577a of BGB (Bürgerliches Gesetzbuch) (civil law. section 577a of BGB (Bürgerliches Gesetzbuch) (civil law is however not apply in the event of termination of the purchaser pursuant to Article 573, paragraph 2 No. 3 of that Act, if the sale is made before September 1, 2001 and sold apartment is not in an area designated pursuant to sentence 1.
(7) section 548, para 3 of the Civil Code shall not apply if the independent evidence procedure has been applied for prior to 1 September 2001.
(8) § 551 para 3 sentence 1 of the German Civil Code shall not apply if the interest rate has been closed before January 1, 1983 by treaty.
(9) § 556 para 3 sentence 2 to 6 and § 556a para 1 of the civil code are not applicable to accounting periods, which were completed before September 1, 2001.
(10) section 573c par. 4 of the civil code is not to apply if the notice periods have been agreed by contract before September 1, 2001. For cancellations, which go from 1 June 2005, this does not apply if the notice periods have been agreed by general business conditions of § 565 para 2 sentence 1 and 2 of the civil code in force until 1 September 2001 amended.
(11) in 1954, charges for housing in the sense of § 11 par. 2 of the law to regulate the rental amount in the version applicable up to 31 August 2001, are not unreasonably high in the sense of § 5 of the economic criminal act the 1 up to 31 December 1997 according to section 3 or section 13 of the Act to regulate the rental level in the force until 31 August 2001 version changed or article 13 in conjunction with article 17 of the Act in the force until August 31, 2001 Agreed version or 2. renting again in one of the number 1 corresponding height agreed. For purposes of sentence 1, the above provisions remain continue to apply.

Section 4 transitional provision of the second Act amending travel regulations
(1) the §§ 651 are k and 651l of the civil code in force since 1 September 2001 amended only on contracts to apply, which will be closed after this day.
(2) by way of derogation from § 651 k para 2 sentence 1 of the German Civil Code shall apply for the following periods following maximum liability sums.
1. from 1 November 1994 to 31 October 1995 70 million deutsche mark, 2nd from 1 November 1995 to 31 October 1996 DM 100 million, 3. from 1 November 1996 to 31 October 1997 150 million deutsche mark, 4 from November 1, 1997 to October 31, 2000 200 million deutsche mark and 5th of November 1, 2000 to September 1 2001 110 million euros.

§ 5 the civil code, the general terms and conditions Act, the commercial code, the consumer credit Act, the distance selling Act, the distance education Protection Act, Act revocation of doorstep selling and similar transactions, the part-time residency law, the regulation on customer information requirements, the regulation concerning information requirements of tour operators and the regulation concerning the main defects and warranty periods for the cattle trade are general reconciliation provision to the law to modernize the law of obligations of 26 November 2001 on obligations, which arose before 1 January 2002 , as far as not another is intended to apply in the version applicable up to this day. Sentence 1 shall apply subject to the proviso that instead of the laws referred to in sentence 1 by 1 January 2003 at the civil code, the commercial code, the distance education Protection Act and the regulation on information requirements to apply common law in the then current version are for continuing obligations.

§ 6 transfer provision to the law of the Statute of limitations under the Act to modernize the law of obligations of 26 November 2001 (1) the provisions of the civil code over the Statute of limitations in force since January 1, 2002 find existing to this day and still not verjährten claims application. The beginning, the inhibition, the suspension and the new beginning of the limitation period are determined however for the period before January 1, 2002, according to the civil code, in the version applicable up to this day. If after the expiry of the December 31, 2001, a circumstance occurs during its existence after the civil code in force prior to 1 January 2002 occurring before January 1, 2002 interruption of the limitation period is considered as not done or done, so this is civil code in force prior to 1 January 2002 also to apply.
(2) insofar as the provisions of the civil code in force since January 1, 2002 instead of the interruption of the limitation period be provided their inhibition, it is an interruption of the limitation period, which according to the applicable regulations of the civil code in force prior to 1 January 2002 occurs before January 1, 2002 and is still not quit at the end of 31 December 2001 , quit as with the expiration of the December 31, 2001, and the new limitation period shall be suspended at the beginning of January 1, 2002.
(3) is the Statute after the civil code in force since 1 January 2002 more than according to the civil code in the version applicable up to this day, is the Statute of limitations with the expiry of certain period completed in the civil code, in the version applicable up to this day.
(4) is the period of limitation according to the civil code in force since 1 January 2002 shorter than after the civil code, in the version applicable up to this day, is so calculated the shorter period of January 1, 2002. In the civil expires but longer term earlier than the version applicable in the civil code since that day in certain period of time code in the version applicable up to this day, is the limitation period at the end of which in the civil code in the version applicable up to that day completed specified period.
(5) the foregoing paragraphs are accordingly deadlines to apply, which are decisive for the assertion, the acquisition or loss of a right.
(6) the preceding paragraphs shall apply for the period according to the commercial code and the transformation Act.

§ 7 reconciliation rule to interest rate provisions under the Act to modernize the law of obligations of 26 November 2001 (1) insofar as it as a benchmark for interest rates and other benefits in legislation of the Federal Government in the field of civil law and the procedural law of the courts in land rights reservation according to this law and enforcement titles and contracts on the basis of such rules are used, enter 1 in place of the base rate after the discount rate-transitional law of 9 June 1998 with effect from 1 January 2002 (BGBl. I S.) 1242) the base interest rate of the civil code, 2nd at the point of the discount rate of the Deutsche Bundesbank interest rate (§ 247 of BGB (Bürgerliches Gesetzbuch) (civil law), 3 in place of the interest rates for cash credits of the Federal Government the interest rate increased 1.5 percentage points of the civil code, 4 the place of the Lombard rates by the German Bundesbank the interest rate on the marginal lending facility of the European Central Bank (SRF rate), 5 at the point of the "Frankfurt interbank offered rate" sentences for obtaining first addresses on the Germans- and twelve-month money Market force since July 2, 1990 (FIBOR-new rates) based on the "EURO interbank offered rate" sentences for the procurement of inputs to twelve month money first addresses in the participating countries of the European Monetary Union (EURIBOR rates) for the corresponding period, 6 at the point of the "Frankfurt interbank offered rate" set for the procurement of money ("overnight") of first addresses on the German market ("FIBOR-overnight" rate) of the "EURO overnight index average" rate for obtaining federal funds ("overnight") of first addresses in the Teilnehmerstaaten of the European Monetary Union (EONIA rate) and 7 when using the "Frankfurt interbank offered rate" sentences for the raising of money by first addresses on the German market (FIBOR old records) a force since August 12, 1985 based on) at the point of FIBOR old rate for three-month money the EURIBOR rate for three-month money, multiplied by the number of days of the relevant three-month period and dividing by 90, b) in place of the FIBOR old set for six month money the EURIBOR rate for six-month deposits , multiplied by the number of days of the relevant six-month period and dividing by 180 and c) If an adjustment of the provisions on the calculation of a regular interest pursuant to § 5 sentence 1 No. 3 of the law on the conversion of bonds to euro dated 9 June 1998 (Federal Law Gazette I p. 1242, 1250) is the place of all FIBOR old records the EURIBOR rates for the corresponding period.
Set is 1 No. 5-7 interest periods not to apply, referring to one before the expiry of the 31 December 1998 established FIBOR set; in this respect, it remains FIBOR rates agreed at the beginning of the coupon period. If interest rates for a period of time be asserted before 1 January 1999, a reference to the base rate may refer to the discount rate of the Deutsche Bundesbank amounting to authoritative in this period. The replacement of interest rates covered by the foregoing sentences does not entitle premature termination, unilateral termination or amendment of agreements and amendment of enforcement titles. The right of the parties, by mutual agreement to amend the Treaty, remains unaffected.
(2) for the period prior to 1 January 2002 are the discount rate-transitional Act of 9 June 1998 (Federal Law Gazette I p. 1242) and apply the regulations adopted on its basis in the version applicable up to this day.
(3) a change in the base rate in accordance with § 247 section 1 sentence 2 of the German civil code is for the first time on 1 January 2002 (4) which is Government authorized to replace the SRF rate as a replacement for the Lombard rate of the Deutsche Bundesbank by a different interest rate of the European Central Bank by decree with the consent of the Federal Council, 1 the reference value for the interest rate pursuant to section 247 of the German civil code and 2. , of the base rate, which replaced with these interest rates and the Lombard rate in their function as benchmarks for interest rates more closely matches.

Article 8 transitional provisions to the second Act amending compensation regulations of July 19, 2002 (1) by the second Act amending compensation regulations 1 medicines Act, 2 German civil code, 3. Federal Mining Act, 4. road traffic law, 5. liability law, 6 air traffic Act, 7 Federal Data Protection Act, 8 genetic engineering law, 9 product liability law, 10 environmental liability Act, 11 commercial code, 12 federal law, 13 federal social assistance Act, 14 law compensation for occupation damage, 15 Atomic Energy Act, 16 federal , 17 compulsory insurance law and
in the air traffic approval regulations are amended regulations with the exception of article 1 No. 2 of the second Act amending compensation legislation added a § 84a of the medicines Act and of article 1 No. 4 of the second Act amending compensation legislation of amended section 88 of the medicines Act to apply, if the harmful event has occurred after July 31, 2002.
(2) the pasted § 84a of the medicines Act is 1 No. 2 of the second Act amending compensation regulations article apply also to cases in which the harmful event has occurred before August 1, 2002, except that this time the damages by final judgment was decided or drug users and pharmaceutical company had agreed about the damages.
(3) the is article 1 No. 4 of the second Act amending compensation legislation amended section 88 of the medicines Act only apply to cases where the harmful event occurred after December 31, 2002.

§ 9 the §§ 312a, applied as in force 312d, 346, 355, 358, 491, 492, 494, 495, 497, 498, 502, 505 and 506 of the civil code in the August 1, 2002 are reconciliation rule to the OLG representation Amendment Act of 23 July 2002 (1) insofar as nothing else is intended to apply only to 1 door-to-door sales, which have been completed, including their reversal and 2. other obligations after 1 August 2002 , which are created after November 1, 2002.
§ 355 paragraph 3 of the civil code in the version referred to in sentence 1 is to apply but also on door-to-door sales, which have been completed after December 31, 2001, including its reversal.
(2) § 355 paragraph 2 is in the in paragraph 1 1 mentioned version also contracts to apply set, concluded before that date, if the required instruction on the right of withdrawal or return policy is only granted after that date.

§ 10 reconciliation provision to the law amending the provisions about the contesting of paternity and the rights of access by caregivers of the child, concerning the precautionary measures and the introduction of printing for the remuneration of professional workers by April 23, 2004, In the case of challenge to section 1600, paragraph 1 No. 2 of the civil code begins the deadline for appeal in accordance with section 1600 b para 1 of the civil code not before 30 April 2004.

§ 11 transfer rule to the Act amending the rules on distance contracts for financial services of 2 December 2004 (1) obligations incurred until the end of the December 7, 2004, the civil code and the BGB-informationspflichten regulation in the version applicable up to this day find application. Sentence 1 applies to contractual relationships in the sense of § 312 b para 4 sentence 1 of the German civil code with the proviso that it depends on the emergence of the initial agreement.
(2) sales brochures, which were made before the expiry of the 7 December 2004 and which do not meet the revised version of the BGB-informationspflichten-regulation, may be used until March 31, 2005, insofar as they concern only the distance selling of goods and services that are not financial services.

§ 12 reconciliation provision to the law to adapt the law to modernize the law of obligations (1) on the limitation periods in accordance with the law to adapt by statute to the Act to modernize the law of obligations by December 9, 2004 statute (Federal Law Gazette I S. 3214) amended regulations 1 in pharmaceutical law, 2nd in the food specialty Act, 3rd in the Federal lawyer, 4th in the Insolvency Act, 5th in the German civil code , 6 in the law governing the housing agency, 7th in the commercial code, 8 in the transformation Act, 9 in the German Stock Corporation Act, 10 in the law relating to companies with limited liability, 11 in the law relating to the acquisition and economic co-operatives, 12th in 13 in the tax law the patent attorney regulations, 14th in the Ordinance on general conditions for the electricity supply of tariff customers, 15 in the Ordinance on general conditions for the supply of tariff customers , is 16th in the Ordinance on general conditions for the supply of water, 17 in the Ordinance on general conditions for the supply of district heating, 18th in the beef and veal labelling law, 19 in the telecommunications customer Protection Ordinance and 20th in the regulation on the General conditions of carriage for the trams and trolleybuses, as well as for the scheduled traffic in motor vehicles is to apply article 6 according to, as far as not another. In place of the 1 January 2002 December 15, 2004, occurs instead of 31 December 2001 of 14 December 2004 (2) not yet verjährte claims, whose Verjährung has determined in accordance with the force until 14 December 2004 law according to the regulations of the regular Statute of limitations according to the civil code and for which the law amending statute to the Act to modernize the law of obligations long limitation periods be determined , become time-barred under the rules established by this law. The period which has elapsed before 15 December 2004, is included in the Statute.

§ 13 (dropped out) § 14 are transitional provision of the second care Law Amendment Act of 21 April 2005 the remuneration and reimbursement of guardians, carers and carers, which arose before 1 July 2005, set himself after the until the entry into force of the second care Corporation Amendment Act of 21 April 2005 (Federal Law Gazette I p. 1073) regulations.

Article 15 transitional provision of the minors liability limitation act as far as the age become liabilities before minors liability limitation Act dated 25 August 1998 (Federal Law Gazette I p. 2487) met on 1 January 1999 has or they have been satisfied by means of forced execution, excludes claims arising from unjust enrichment.

§ 16 reconciliation provision to the law to complement the right to challenge the paternity of 13 March 2008 In case of challenge to section 1600, paragraph 1 No. 5 of the civil code begins the deadline for the appeal pursuant to section 1600 b paragraph 1a of the civil code not before 1 June 2008 footnote article 229 article 16 italic: Eingef. by article 2 paragraph 5 G v. 13.3.2008 I 313 mWv 1.6.2008. Violation of art. 16 para. 1, art. 6 para 2 clause 1, article 2 para 1 in conjunction with article 6 para 2 clause 1, article 6 para 1 GG (100-1) and void gem. BVerfGE v. 17.12.2013; 2014 i 110-1 BvL transitional provision regardless is 6/10 - paragraph 17 on the Act to clarify the paternity of the appeal proceedings an action to contest the paternity because of expiry of the period legally rejected, so an action for restitution is also not permitted according to § 641i of the code of civil procedure if a according to § 1598a armchair w / of the civil code as amended by the Act to clarify the paternity regardless of the appeal procedure by March 26, 2008 (BGBl. I p. 441) brought a descent report refuted the descent.

Article 18 transitional provision to the risk limitation law is (1), section 498 of the civil code in since August 19, 2008 amended only on contracts to apply which will be closed after August 18, 2008. In addition, section 498 is to apply the civil code as amended since August 19, 2008 on existing contractual relationships, transferred from the lender after August 18, 2008.
(2) § 1192 paragraph 1a of the Civil Code shall apply only if the acquisition of the mortgage has been made after August 19, 2008.
(3) section 1193 para 2 of the civil code in the since August 19, 2008 applied as in force is to apply only to land charges ordered after August 19, 2008.

Article 19 transition provision to claim protection law (1) the provisions of §§ 204, 632a, 641, 648a and 649 of the Civil Code of 1 January 2009 are amended to apply only to obligations incurred after that date.
(2) section 641a of the civil code on obligations incurred prior to January 1, 2009, is to apply in the version applicable up to that time.

§ 20 transitional provisions to the Act amending the gain compensation and guardianship law of 6 July 2009 (1) in the treatment of household objects on the occasion of divorce is on household items that have been purchased before September 1, 2009 § 1370 of the civil code, in the version applicable up to this day to apply.
(2) for the compensation of gain, proceedings that are pending before September 1, 2009, is to apply for the equalisation section 1374 of the civil code, in the version applicable up to this day.
(3) article 1813 paragraph 1 No. 3 of the civil code as amended from 1 September 2009 also applies before September 1, 2009 pending guardianship (section 1773 of the Civil Code), Pflegschaften (§ 1915 paragraph 1 of the Civil Code) and supervision (paragraph 1908i paragraph 1, sentence 1 of the Civil Code).
Transitional provision for the society of civil law in the land register procedure section 899a of the civil code as well as section 47, paragraph 2, sentence 2 and § 82 sentence 3 of the land Regulation apply also if the registration prior to the date of entry into force in accordance with article 5 paragraph 2 of the law on the introduction of electronic transactions and the electronic record at the land registry process and amending another grundbuch -, register - and costs-legal regulations on August 18, 2009 § 21.

Article 22 transitional provisions to the law on the implementation of the consumer credit directive, the civil part of the payment services directive, as well as to the reorganization of the rules on the right of withdrawal and right to return from 29 July 2009 (1) obligations, which have the execution of payment transactions to the subject and incurred prior to October 31, 2009, is Article 248 does not apply articles 4 and 13. Started before October 31, 2009 with the completion of a payment transaction, civil code and the civil code information requirements Ordinance respectively in force until then to apply.
(2) where others have arisen as the obligations regulated in paragraph 1 prior to June 11, 2010, commoner are code and the BGB information duties regulation each as amended until then on them to apply.
(3) article 492 par. 5 are by way of derogation from paragraph 2, permanent obligations to apply article 493, paragraph 3, the sections 499, 500 para 1 as well as section 504, paragraph 1 and section 505, para 2, of the civil code, incurred before June 11, 2010; Section 505, paragraph 1 shall apply to such obligations in consideration of communications after conclusion of the contract.

Section 23 to the Act amending the inheritance and limitation law (1) the provisions of the civil code over the Statute of limitations in force since January 1, 2010 are reconciliation rule on existing on that day and not stale claims to apply. The beginning of the limitation period and the period of limitation are determined according to the regulations of the civil code in force prior to 1 January 2010, when applying this earlier completed the limitation rules determine will prove to be in application of the relevant regulations pursuant to sentence 1 (2) amended by applicable beginning and the limitation period under the provisions of the civil code in the since January 1, 2010 , 2010 begins the period before 1 January according to the provisions of the civil expires code in before January 1, 2010 amended certain Statute of limitations earlier as the period of limitation according to the civil code in force since 1 January 2010, the limitation period at the end of the period under the regulations before 1 January 2010 completed.
(3) the suspension of the limitation period shall be determined for the period prior to 1 January 2010 under the provisions of the civil code, in the version applicable up to this day.
(4) Furthermore, the provisions of the civil code in force before January 1, 2010 apply to successions before January 1, 2010. Since January 1, 2010 the rules of the Civil Code apply to successions code in force since 1 January 2010, regardless of whether is tied to events from the period before the entry into force of these regulations.

Section 24 to the Act to facilitate electronic applications to the register of associations and other Federation are subject to foreign associations and foundations, the legal capacity in Germany, which was awarded before September 30, 2009, subject to transitional provision. Article 33, paragraph 2 and article 44 of the civil code in force until September 29, 2009 amended are continue to apply on the clubs.

Article 25 transitional provisions to the Act to modernize the regulations on part-time life tenancy agreements, contracts for long-term holiday products as well as mediation and Exchange system contracts (1) on a part-time residency contract concluded before February 23, 2011 are the sections 481 to 487 of the civil code, in the version applicable up to this day to apply.
(2) on a contract concluded before February 23, 2011 for a long-term holiday product within the meaning of section 481a of the civil code, on a contract in the sense of § 481 b paragraph 1 of the civil code or a barter system within the meaning of § 481 b paragraph 2 of the civil code are the sections 481 to 487 of the civil code is not to apply.

Section 26 reconciliation provision to the law to combat forced marriage and to better protect of the victims of forced marriage as well as amending another immigration - and asylrechtlicher provisions, the annulment of a marriage concluded before 1 July 2011 is excluded if the marriage law at this time until then not more would have can be lifted.

Article 27 transitional provisions to the Act amending the provisions on the compensation for withdrawal of distance contracts and on related contracts by July 27, 2011 both article 246 § 2 paragraph 3 sentence 1 as also section 360, paragraph 3 of the civil code are until the end of the 4th November 2011 in the case of transmission of the right of withdrawal and the return instructions for the patterns in accordance with appendices 1 and 2 as amended by the Act implementing the consumer credit directive , of the civil part of the payment services directive as well as to the reorganization of the rules on the right of withdrawal and right to return from 29 June 2009 (Federal Law Gazette I p. 2355) to apply.

Article 28 transitional provisions to the Act amending the rules of private international law on Regulation (EC) No 1259/2010 and amending other legislation of international private law from 23 January 2013 (1) article 17 is paragraph 1 as amended on 29 January 2013 to apply if the divorce procedure was initiated after January 28, 2013.
(2) article 17 applied as in force 17 b paragraph 1 sentence 4 of 28 January 2013 are paragraph 3 and articles continue to apply if the procedure on divorce or annulment of the partnership has been initiated before January 29, 2013.

Article 29 transitional provisions to the landlord and tenant Amendment Act of 11 March 2013 (1) on a tenancy created by May 1, 2013 are the paragraphs 536, 554, 559-559 b further apply 578 of the civil code in force until 1 may 2013 amended if 1st modernisation measures the announcement according to section 554 paragraph 3 sentence 1 of the German civil code is received by the tenant prior to May 1, 2013 or 2. modernisation measures , the section 554 paragraph 3 sentence 3 of the civil code in force until 1 may 2013 amended is to apply, the landlord with the execution of the measure before 1 may 2013 has begun.
(2) § 569 paragraph 2a of the civil code is not to apply to a tenancy created before May 1, 2013.

Article 30 transfer provision to the law on the reform of the parental care of not married parents has this request a parent prior to May 19, 2013 at the family court made an application to replace the Declaration of concern of the other parent, shall be deemed an application for transfer of parental anxiety according to section 1626a subsection 2 of the civil code.

Article 31 the provisions of the civil code in force since 30 June 2013 over the Statute of limitations are transition provisions for amending the Statute of the civil code by the Act to strengthen the rights of victims of sexual abuse to apply the existing to this day and still not stale claims.

Article 32 the provisions of this Act, of the civil code, of distance learning law, of civil procedure, the law regulating the finding accommodation, the law against unfair competition, of the Investment Act, the investment services-behavior and organization regulation, of the securities prospectus Act, price indication regulation, of the investment code are transitional provision of the law to the consumer rights directive and the amendment to the law regulating the Housing Agency (1) on a consumer contract concluded before June 13, 2014 , to apply the German insurance contract law and of the injunctions Act in the version applicable up to this day.
(2) as long as the consumer at a distance contract, which was signed before June 13, 2014 law book about his right of withdrawal is been taught or not according to the applicable at the time of the conclusion of the contract legal requirements of the civil and as long as the right of cancellation for this reason is not extinguished, the right of withdrawal 1. If the delivery of goods expires: twelve months and 14 days after receipt of the goods by the recipient , but not before the expiration of the 27 June 2015, 2nd in the recurring supply of similar goods: twelve months and 14 days after receipt of the first partial delivery, but not before the expiration of the 27 June 2015, 3 services: at the end of the 27 June 2015.
(3) as long as the consumer at a front door store that was closed before June 13, 2014, not or not code is been taught according to the requirements applicable at the time of the conclusion of the contract of the civil his right of withdrawal, and as long as the right of cancellation for this reason is not extinguished, the right of withdrawal expires twelve months and 14 days after full provision of mutual benefits from the contract , but not before the expiry of the 27 June 2015 (4) paragraphs 2 and 3 are not applicable to contracts on financial services. As long as the consumer at a doorstep, was that the contractor paid financial support granted to the consumer and that closed before June 11, 2010, not or not code is been taught according to the requirements applicable at the time of the conclusion of the contract of the civil about his right of withdrawal, and as long as the right of cancellation for this reason is not extinguished, the right of withdrawal expires twelve months and 14 days after full provision of mutual benefits from the contract , but not before the expiry of the 27 June 2015.

§ 33 reconciliation provision to the law against dubious business practices on obligations incurred before the 9th October 2013, is to apply section 675 of the civil code, in the version applicable up to this day.

§ Is 34 reconciliation provision to the law on combating late payment in commercial transactions that are §§ 271a, 286, 288, 308 and 310 of the civil code in force since 29 July 2014 to apply only to a debt that arose after July 28, 2014. The therein provisions on a previously developed continuous obligations are derogation from sentence 1 to apply, as far as the quid pro quo is provided by 30 June 2016.

§ 35 transitional provisions to the landlord and tenant Amendment Act by the 21st April 2015 (1) which are sections 556d to 556 g, 557a paragraph 4 and § 557 b paragraph 4 of the civil code to apply to leases and season rental agreements on housing, which have been completed before the contractual rental housing within the scope of a regulation pursuant to article 556d paragraph 2 of the civil code.
(2) section 557a is paragraph 4 of the civil code no longer apply to rental seasons, whose first Miete matures at a time in which the contractual rental housing no longer falls within the scope of a legal regulation according to section 556d, subsection 2 of the civil code.

§ 36 reconciliation provision to the law to the international inheritance law and amending provisions relating to the certificate of inheritance and amending other provisions from the 29 June 2015 on procedures for the issue of inheritance after a testator who died, before 17 August 2015 are the civil code and the law on applying the procedures in family matters and in matters of voluntary jurisdiction in the version applicable up to this day.
Part six entry into force and transitional law on the occasion of the introduction of the civil code, and this introductory act in the area referred to in art 3 of the Unification Treaty art 230 entry into force of the civil code and this introduction law stand for the area referred to in article 3 of the Unification Treaty on the day of effect of accession to in accordance with the following transitional provisions in force.
Art 231 first book. General part of the civil code § 1 (dropped out) - § 2 clubs (1) unincorporated associations, which according to the law on Associations - Act of Union - February 21, 1990 (Coll. I no. 10 p. 75), amended by the law of 22 June 1990 (Coll. I no. 37 p. 546, before the effect of accession have arisen p. 470, no. 39, are away.)
(2) to the sections 21 to 79 of the Civil Code shall apply as of the effective date of accession.
(3) the associations referred to in paragraph 1 carry the designation "registered association" from the be of accession.
(4) on not unincorporated associations in the sense of the law on associations - association law – from February 21, 1990, article 54 of the civil code application finds as of the effective date of accession.

§ 3 (1) foundations that are existing legal foundations in the area referred to in article 3 of the Unification Treaty continues.
(2) on the foundations of private law the paragraphs 80 to 88 of the Civil Code shall apply as of the effective date of accession.

§ 4 liability of legal persons for their organs the §§ 31 and 89 of the civil code are only to apply such acts that are committed to the effective date of accession or thereafter.

§ 5 matters (1) are not building, buildings, installations, plantings or institutions which are independent property in accordance with the applicable on the date of accession before the effective law of the ownership of the land components of a property. The same applies if such items are built on the effective date of accession or thereafter or attached, as far as this of the Civil Code of the German Democratic Republic is allowed due to one before the effective accession of justified right of use of the property or right of use to the articles 312 to 315.
(2) the right of use of the property and the mentioned installations, plantings or facilities considered essential parts of the building. Article 233 article 4, par. 3 and 5 remains unaffected.
(3) the building title to paragraphs 1 and 2 is extinguished, when after December 31, 2000, the ownership of the land is transferred, except that the right of use or separate building property § 2 is entered para 2 sentence 3 in the land register of the sold property referred to in article 233, or the acquirer was known to the non-registered right. A replacement of the value are entitled to against the transferor the owner of the building property, had the building property at the time of its expiry; founded the building property liens are liens on this claim.
(4) will be charged after December 31, 2000 to the plot with a real right or acquired such a right, it is for the holder of the right the building as part of the plot. Paragraph 3 sentence 1 is apply mutatis mutandis.
(5) If a building on several land is built, apply paragraphs 3 and 4 only in respect of the land on which the majority of the building is located. Apply to the purchaser of the property to misinterprets the rules concerning the taking of the on the other land part of the building into superstructure accordingly.

§ 6 Statute of limitations (1) are the provisions of the civil code over the Statute of limitations to that existing on the effective date of accession and still not verjährten claims application. The beginning, the suspension and interruption of the limitation period are determined however for the period before the accession becomes effective by the law applicable so far for the area referred to in article 3 of the Unification Treaty.
(2) is the limitation period after the civil law book shorter than under the legislation, which previously were considered for the area referred to in article 3 of the Unification Treaty, will be the shorter period of the effective date of accession calculated. Running but in the legislation, which so far were for the area referred to in article 3 of the Unification Treaty, certain longer period earlier than those in the civil code certain shorter time limit, so the Statute of limitations with the expiry of the extended period is completed.
(3) paragraphs 1 and 2 shall apply accordingly on deadlines, which are decisive for the assertion, the acquisition or loss of a right.

Section 7 was attestations and certifications (1) a before the accession becomes effective notarization or legalization is not ineffective, because the required certification or notarization by a notary public who was called or ordered, provided that ordered this in the scope of the basic law was not in the area referred to in article 3 of the Unification Treaty was made.
(2) paragraph 1 shall not apply where a final decision is contrary.
(3) a contract by the has committed the party an effective pursuant to paragraph 1 legal transaction before entry into force of the second property rights amendment act against one of the other parties to further services or waives rights because it has asserted the invalidity of this legal transaction, is void in so far as the rights established by the agreement and obligations of the parties of the agreements referred to in paragraph 1 effective legal business differ.
(4) a sale after the sections 17 to 19 of the Act on the establishment and operation of private enterprises and participations of 7 March 1990 (Coll. I no. 17 p. 141), that without that in section 19 subsection 5 sentence 2 of this Act required notarization of the Declaration of the conversion is done, is all content valid, if the founded company in the register is registered.

§ 8 power of Attorney documents of State organs, false designation of local authorities
(1) an of the in the paragraphs 2 and 3 of the seal order of the German Democratic Republic from 29 November 1966 (Coll. 1967 II No. 9 p. 49) and in section 1 of the seal order of the German Democratic Republic from July 16, 1981 (Coll. I no. 25 S. 309) designated State authorities granted power of attorney document is effective if the certificate authorized head of the institution or any of this person authorised under the above provisions has been signed and provided with a proper seal. The certification of authority according to § 57 para 2 sentence 2 of the Civil Code of the German Democratic Republic is replaced by the signing and sealing of the instrument.
(2) transactions and acts performed by the representatives of a municipality between 17 May 1990 and October 3, 1990, called the earlier Council of the local community with power of representation, the commune, which took the place of the earlier Council of the municipality considered legal transactions and legal acts. The authority of the representative of the municipality is suspected irrefutably the commune rises within one month of the receipt of a notice of registrars from an intended entry to no contradiction. The contradiction of the commune is only to keep in mind if he supported it, that 1 the person as a legal representative or his representative according to section 81, sentence 2 or 3 of the law on the local parliaments of 4 July 1985 for the previous Council (Coll. I no. 18 p. 213) occurred after another person according to the municipal Constitution of 17 May 1990 (Coll. I no. 28 p. 255) was has been elected to the authorized Mayor or Governor and arrived in her Office had, been revoked power of attorney granted by 2. or was extinguished by lapse of time, has declared to the purchaser not wanting to comply with the legal transaction is described in detail, the authority within 2 months after knowledge of the legal transaction concluded by a person, who was employee of management, at the time of the conclusion of the 3 or 4 has completed the legal transaction by a person, was not or no longer employees of the local government.

§ 9 healing non-capital transfers (1) should the formerly State-owned assets or a part of the formerly State-owned assets, which transferred a company of the municipal housing for the independent use and management was in transformation according to the paragraph 2 conversion rules referred to in no. 2 or go over in connection with a founding a new capital company and the transition has become so ineffective , lack of a legal requirement for such a transfer of assets, the assets transfer can be rescheduled by mapping decision. Can a company beneficiary of the allocation decision under that provision notwithstanding errors during the conversion or statutes as the owner of a right on a plot or such right in the land register be entered, if it is registered in the commercial register.
(2) in the meaning of paragraph 1 sentence 1 are: 1. operations of the municipal housing sector: a) formerly State-owned companies municipal housing management, b) formerly State-owned enterprises of building industry or c) Municipal Government emerged from such enterprises or equity holdings;
2 conversion rules: a) the regulation on the transformation of State-owned combines, enterprises and establishments in corporations by March 1, 1990 (Coll. I no. 14 S. 107), b) the fiduciary law, c) the law on the transformation of State-owned housing economy operating in non-profit housing associations and to the transfer of real estate to the housing cooperatives by the 22 July 1990 (Coll. I no. 49 S. 901) or d) the transformation act as amended by the notice of 6 November 1969 (BGBl. I p. 2081).
(3) by such a decision may also one by converting one of the set in paragraph 1 1 designated companies change occurring transition of formerly State-owned assets.
(4) a notice required pursuant to paragraphs 1 and 3 of the agreement of the parties. The agreement can be replaced by the allocation decision if it denies quite abusive. The replacement of the agreement may be challenged only with the allocation decision before the Administrative Tribunal. § 6 of the asset allocation Act shall apply mutatis mutandis.
(5) the corporations referred to in paragraph 1 shall apply even before issuance of the Association as authorized, to claim all rights from the formerly State-owned assets that should go to them, or from transactions in these assets, including cancellation and other design rights in its own name and on its own account. Should go over a formerly State-owned asset on several companies of the kind referred to in paragraph 1, the relevant companies are regarded as creditor. A map is changed in accordance with paragraphs 3 and 4, sentence 2 shall apply mutatis mutandis. The company, which has the value of assets on the basis of the conversion or statutes in possession, is instructed as to the administration. In addition, § 8 para 3 of the asset allocation Act shall apply mutatis mutandis. Claims under the Investment Act and final judgments remain unaffected.

§ 10 transition of State-owned claims, liens and liabilities to credit institutions (1) has no later than a people own or cooperative credit institution, the credit institution fortführende the business of such credit institution or the successor institution with effect from 1 July 1990 creditors of State-owned assets and mortgages, which stood on June 30, 1990 in its legal ownership or were managed by him. These banks are debtors of the people own liabilities managed by them with effect from 1 July 1990. Creditors of receivables trustee-administered by the credit institution for the State budget of the German Democratic Republic and liens have become with effect from October 3, 1990 the Federal Government; He manages escrow in accordance with article 22 of the Unification Treaty. On the demands for social security trustee-administered and liens Chapter VIII are subject F section II No. 1 Annex I § 3 par. 2 of the Unification Treaty of 31 August 1990 (BGBl. 1990 II S. 885, 1042) and the provisions of the Act on the regulation of wealth questions of social security in the acceding territory by December 20, 1991 (Federal Law Gazette I S. 2313) to apply. Claims for restitution according to the rules on the allocation of public property and claims remain unaffected under the property Act.
(2) acts performed by a credit institution or another referred to in paragraph 1 of any justified in consideration of the claim, the mortgage or the liability, are regarded as acts of the person, which is the requirement, the mortgage or the liability referred to in paragraph 1.
(3) to demonstrate who has become the holder of a mortgage or creditor of a claim referred to in paragraph 1, a certificate with signature and seal of the Kreditanstalt für Wiederaufbau is sufficient in the proceedings after the order of the land. The Kreditanstalt für Wiederaufbau can transfer pursuant to sentence 1 on the savings banks for their respective Division authority for issuing the certificate. The body authorised to set 1 or set 2 to determine the transition of the mortgage or the claim on their own. In the cases of paragraph 1 sentence 3 not need in addition to the certificate referred to in sentences 1 to 3 a notice of assignment. Article 113 paragraph 1 No. 6 of on October 1, 2009 applicable land available in the amended shall remain unaffected.
Art 232 second book. Quite the obligations § 1 the previous for the law known as article 3 of the Unification Treaty area remains General provisions for obligations for a debt that was created before the accession becomes effective, decisive.

§ 1a licence agreements a contract concluded before October 3, 1990, by the previously State-managed (§ 1 para 4 of the Investment Act) was left to land by the State Manager or the agent appointed by him against payment of the amount of money for the plot, as well as about upcoming building and takeover of the public burden another use (assignment Treaty), is effective.

§ 2 leases leases due to contracts concluded before the effect of accession, set up from that date under the provisions of the civil code.

§ 3 leases (1) lease conditions due to contracts concluded before the effect of accession, set up from this point on to the sections 581-597 of the civil code.
(2) sections 51 and 52 of the agriculture adjustment Act of 29 June 1990 (Coll. I no. 42 S. 642) shall remain unaffected.

Section 4 use of land for recreation (1) conditions of use according to the articles 312 to 315 of the Civil Code of the German Democratic Republic on the basis of contracts concluded before the accession becomes effective, follow continue to those provisions of the civil code. Derogations remain subject to a special law.
(2) the Federal Government is authorized to introduce legislation making appropriate usage fees by decree with the consent of the Federal Council. Fees are appropriate to the level of the local rent for land used also with regard to the nature and scope of development in the same way. Provisions on determining the local lease, about how the pay increase and the termination in the case of the increase may be taken under the Ordinance.
(3) for use conditions within small garden plants remains the application of the Federal allotment Act of 28 February 1983 (Federal Law Gazette I p. 210) with chapter XIV section II No. 4 to the Unification Treaty contained in annex I supplements unaffected.
(4) paragraphs 1 to 3 shall apply also for contracts concluded before 1 January 1976 by the agricultural or forestry not used floor surfaces were given to citizens for the purpose of non-commercial kleingärtnerischen use, recreation and entertainment.

§ 4a contract moratorium (1) contracts pursuant to section 4 may, also insofar as they pertain to garages, towards the user to be terminated to the end of 31 December 1994, only for the reasons referred to in paragraph 554 of the civil code or otherwise terminated. They extend, if not the user tells something otherwise, up to this point, if they previously would end up on its content.
(2) the user has a contract pursuant to section 4 non with the owner of the land in question, but on the basis of section 18 or section 46 in connection with section 18 of the Act on agricultural production co-operatives - LPG Act - July 2, 1982 (Coll. I no. 25 S. 443) before July 1, 1990 amended with one of the mentioned therein cooperatives or points closed it in accordance with the Treaty and paragraph 1 until the end of 31 December 1994 is also the case Property owners across entitled to possession.
(3) paragraphs 1 and 2 shall also apply if a contract was concluded pursuant to § 4 with a State authority, even if this was not empowered to do this. This does not apply, however, if the user was aware of the absence of a corresponding authorization.
(4) paragraphs 1 and 2 apply also when a contract according to § 4 with a State authority has been completed and was this contract expressly stated in foreign names, but in his own name, although it is not a people own, but an of your managed property, except that the user thereof had knowledge.
(5) in the cases of paragraphs 2 to 4, the contractual partner of the user without prejudice to § 51 of the agricultural adjustment Act is obliged to transfer the collected fees after deduction of the costs associated with their achievement to the land owner. Fees obtained in the period from January 1, 1992 until the entry into force of this regulation, to 20 per cent are reduced to go out on the land owner; There will be no further compensation for early charges and expenses. A fee is not agreed, the remuneration, which is usually to achieve for contracts of the kind concerned under deduction of costs associated with its achievement on the property owners to go out is so. Property owners may request the assignment of payment claims by the contract partner of the user.
(6) paragraphs 1 to 5 apply even if the immediate user contracts with an Association of allotment and this has closed the main contract with one of the mentioned therein. Subject of the contract is the use of the land for a garage, so the owner may require laying the use elsewhere of the land or other property if the use particularly affected him, is equivalent to the other place for the users and the legal prerequisites have been created for use; the owner has to bear and to advance the costs of laying.
(7) paragraphs 1 to 6 shall not apply if the parties concerned have agreed otherwise after October 2, 1990, or between different final judgments have been issued.

§ 5 working conditions (1) working conditions existing on the effective date of accession apply without prejudice to article 230 of this time on the provisions of the civil code.
(2) § 613a of BGB (Bürgerliches Gesetzbuch) (civil law is in the article 3 of the Unification Treaty of 31 August 1990 (BGBl. 1990 II S. 885) to apply the said area from the date of entry into force of this law until December 31, 1998, with the following stipulations: 1 within the designated time period is not applicable § 613a of BGB (Bürgerliches Gesetzbuch) (civil law operating transmission in the overall enforcement process.
2. instead of paragraph 4 sentence 2 applies following rule: "Sentence 1 does not affect the right of termination for economic, technical or organisational reasons, bringing changes in the area of employment."

§ 6 about recurring services for care existing on the effective date of accession and maintenance contracts and contracts for recurring personal services contracts by that time the provisions of the civil code.

§ 7 account and savings account contracts the credit institution may by notice to the account holder determine that on one of the existing effective date of accession account or savings account contract, the provisions of the civil code, including the commonly used in the previous scope of this law for such agreements to apply to specific terms and conditions are. The account holder may terminate the contract of the Declaration within one month of access.

§ 8 credit agreements on credit contracts that have been completed after June 30, 1990, is to apply section 609a of the civil code.

Communities of fraction of on a community existing on the effective date of accession fractions find § 9 of this time on the provisions of the civil code application.

Article 10 torts / delicts are the provisions of §§ 823 to 853 of the civil code to apply only to acts that are committed to the effective date of accession or thereafter.
Type 233 third book. Possession on an ownership existing on the effective date of accession find thing right the first section general rules article 1 by this time the rules of the civil code application.

§ 2 apply content of property (1) on the existing on the effective date of accession ownership of things by this time the rules of the civil code, unless not determined otherwise in the following standards.
(2) in the case of formerly State-owned land is irrefutably believed that in the period from March 15, 1990, until the end of October 2, 1990 as a legal entity registered State site and the site, which fulfilled their tasks in making available, and in the period from 3 October 1990 until 24 December 1993 empowered designated places to dispose of the land in § 8 of the asset allocation law in force since December 25, 1993 were. section 878 of the Civil Code shall apply mutatis mutandis for the discontinuance of the available power. The preceding sentences allow bans to have unaffected by name according to § 68 of the civil code and of the second, third and fourth implementing regulation trust law formerly State-owned land. Who is entitled to present public property, depends on the provisions on the settlement of the national property.
(3) is the owner of a parcel of land or whereabouts cannot be determined, and there is a need to ensure the representation of the owner so the county or the city, its or their area the property is located in at the request of ordered the municipality or another who has a legitimate interest, a legal representative. A member of the community to the legal representative is appointed in the case of a community. The representative is exempt from the restrictions of § 181 of the German civil code. Corresponding applies section 16 para 3 and 4 of the Administrative Procedure Act. The representative will be recalled at the request of the owner. This provision is also in its spatial scope and for the duration of their validity at the point of the section 119 of the land consolidation Act, insofar as this provision in other legislation referenced. section 11 b of the Investment Act remain unaffected.

§ 2a moratorium (1) as to the ownership of a plot of land located in the area referred to in article 3 of the Unification Treaty entitled shall apply without prejudice to existing rights of use and more favourable agreements and regulations: a) who built the plot until the end of October 2, 1990 on the basis of a definitive planning permission or otherwise in accordance with the law with the approval of State or social institutions with buildings or facilities or has begun to cultivate and upon entry into force of that provision itself uses (b).
Cooperatives and formerly State-owned companies of the housing industry, which due to a definitive planning permission or otherwise according to the laws with the approval of State or social institutions built buildings and associated land and areas to use and independent management and Administration has been transferred were and are used by these or their successors before October 3, 1990, c) who have a piece of land cultivated at the conclusion of the contract already with a House , that until then has been under public or fiduciary management, has signed a licensing contract, as well as those who lead a joint home stand with this, d) who has bought a building on a plot or applied for the purchase.
The right exists pursuant to sentence 1 to the cleanup of the mentioned legal relationships by special law at the latest until the expiry of 31 December 1994; the period may be extended once by a regulation of the Federal Minister of Justice. In the cases referred to in § 3 paragraph 3 and paragraph 4 and 121 of the law-cleanup law the right to possession referred to in sentence 1 persists to clean-up this legal relationships under that Act. For the period from 22 July 1992 to 31 March 1995 the relevant property owners of the respective user may require a fee in the amount of heritage construction interest payable no. 1, §§ 43, 45 of the property law cleanup law according to § 51 para 1 sentence 2, for the period from 1 January 1995 however only, if he may require no fee pursuant to sentence 8. For the period from 1 January 1995 until March 31, 1995 the land owner may not claim the fee pursuant to sentence 4 when he is not immediately in one to the initiated March 31, 1995 notarial conciliation procedure according to §§ 87 to 102 of the cleanup thing law or floor planning procedures under the eighth section of the agricultural adjustment Act on a hearing on the grounds of rights in rem or a transfer. The land value and the residual value of a leased building to 22 July 1992 are decisive for the determination of the fee. The claim pursuant to sentence 4 barred in two years from November 8, 2000 at. Property owners may charge a fee up to the amount of heritage construction interest payable under the law adjustment Act by January 1, 1995 by the user, if initiated proceedings to the new zoning under the floor match Act, he has after the eighth section of the agriculture adjustment Act applied for a notarial conciliation procedure according to §§ 87 to 102 of the cleanup law for thing or a floor planning procedures or are embedded in the procedure at a hearing on the grounds of rights in rem or a transfer. Contractual or statutory provisions which constitute a different fee or an earlier start of the obligation to pay, remain unaffected. Scope and content of the law determine the rest after the previous exercise. In the cases of § 20 b of paragraph 3 of the law on political parties of 21 February 1990 (Coll. I no. 9 S. 66), most recently by article 1 of the law of December 19, 2006 (BGBl. I S. 3230) changed, the law can be made pursuant to sentence 1 by the Federal Institute for unification-related special tasks or their legal successors claimed.
(2) the right to the possession referred to in paragraph 1 is not affected by a transfer or a transfer of ownership or other disposal of the property. The right may be transferred; the transmission is only effective against the land owner if it appears that of the transferor.
(3) during the set of 1 period referred replacement for benefits or made uses only on the consensual basis may be required in paragraph 8. The owner of a parcel of land is whose ordering is obliged by law or on the basis of the decision of an authority during the duration of the right to possession after paragraph 1 is obliged to charge the land with rights unless he is.
(4) up to the in paragraph 1 sentence 2 date takes on licence agreements without prejudice to article 232 section 1 of article 78 of the Civil Code of the German Democratic Republic no application.
(5) the assets Act, section 20 b of paragraph 3 of the law on political parties of 21 February 1990 (Coll. I no. 9 S. 66), most recently by article 1 of the law of 19 December 2006 (BGBl. I S. 3230) is changed, as well as procedures remain under the eighth section of the agricultural adjustment Act unaffected.
(6) existing rights of the owner referred to in paragraph 1 are not affected. Agreements made in consideration of the use of the land remain unaffected except in the cases of paragraph 1 sentence 1 letter c. You are still possible in all cases. The right referred to in paragraph 1 can be terminated without notice by unilateral declaration of the landowner, if a) the user aa) within the meaning of sections 20a and 20b of the law on political parties of the German Democratic Republic is a mass organization, a party, an organization connected to your or a legal person and the fiduciary management of the concerned asset has been terminated or bb) the area which belongs to commercial coordination or b) the legal relationships of the user of the land in question subject judicial proceedings against the user are or c) is a formerly people own property, and its use on October 2, 1990, on the sponsorship of a law, unless, the user is an agricultural production cooperative, a formerly Government-owned company of the housing industry, a worker co-operative or a charitable housing association, or their respective successors.
In the cases of the set, 4 letters a and c is not applicable section 1000 of the civil code. The right to possession goes out under that provision, if an agreement is cancelled pursuant to sentences 2 and 3 by the user.
(7) the above provisions do not apply to uses of recreation, leisure time or similar personal needs including use within small garden plants. A rental or lease agreement is not considered a loan for use.
(8) for the period up to the end of July 21, 1992, the beneficial owner referred to in paragraph 1 against the property owners, as well as other REM justified the release of uses shall not be obliged, except that the parties have made other agreements. Is a in paragraph 1 sentence 1 letter d bezeichneter contract cancelled or failed negotiations on the proposed purchase agreement, so the user of obtaining acknowledge of the ineffectiveness is obliged of the Treaty, or the rejection of the contract conclusion on § 987 of the civil code to release uses.
(9) for the period from 22 July 1992 up to property owners by the public body that uses the plot to the performance of their public duties or is liable in the case of the dedication to the common use for the building or the plant entertainment, September 30, 2001 may require only a fee annually 0.8 per cent of the floor value of a parcel of land located in same location as well as the exemption of the loads of the land. The land value is according to the soil guideline values to be established. § 19 para 5 of the property law adjustment Act shall apply mutatis mutandis. For the period from 1 January 1995, the claim arises pursuant to sentence 1 by the time in which property owners submits in writing him compared to the Corporation; for the period from 22 July 1992 to 31 December 1994 he can be claimed only up to March 31, 2002. Contractual agreements shall remain unaffected.

§ 2 b building property with no in rem Copyright (1) in the cases of § 2 a para 1 sentence 1 letter a and b are buildings and facilities of worker housing cooperatives and non-profit housing cooperatives on formerly State-owned land, in the cases of § 2, a para 1 sentence is 1(a) buildings and facilities of agricultural production cooperatives, also as far as this law does not, regardless of the ownership of the land , Property of the user. A right limited in rem on the plot exists only if this is been particularly justified. This also applies to legal successors of cooperatives referred to in sentence 1.
(2) for building property, which is referred to in paragraph 1, or according to § 27 of the law on the agricultural production cooperatives by July 2, 1982 (Coll. I no. 25 S. 443), most recently by the Act on the amendment or repeal of laws of the German Democratic Republic of 28 June 1990 (Coll. I no. 38 S. 483) is changed, is, is to create a building land register sheet at the request of the user. For the establishment and management of the building land register sheet you are before later adopted, and force the effect be of accession regulations apply mutatis mutandis. Building ownership pursuant to § 2c paragraph 1 as a burden in the land register of the affected land is registered, this entry prior to establishment of the building land blade is so officio to undertake.
(3) whether building property is developed and it is available to who, is determined by decision of the Federal Office for central services and unresolved property issues. The asset allocation law is to apply. § 3a of the Administrative Procedure Act does not apply. It remains the land registry offices at liberty to determine building ownership and its holder in accordance with the law of the land; a request may not be made subject pursuant to sentences 1 and 2 of the previous referral to the land registry offices. In the request to the Federal Office for central services and unresolved property issues or at the land registry, the applicant has to assure that at any other point a comparable application pending or a request under clause 1 negative is been granted.
(4) § 4 ABS. 1, 3 sets 1-3 and subsection 6 is apply mutatis mutandis.
(5) a building is been transferred under paragraph 1 before entry into force of this regulation for securing, contemporaneously against ordering a mortgage on the building property guarantors can charge the reverse transcription. Ordered liens are to convict in liens building property.
(6) a until the end of July 21, 1992 made ownership of independent building property incurred according to section 27 of the Act on the agricultural production cooperatives or according to § 459 para 1 sentence 1 of the Civil Code of the German Democratic Republic is not invalid because it is not made according to the rules applicable to the transfer of title land of the civil code. The same applies to the legal transaction was founded with the commitment to transfer and acquisition. Sentences 1 and 2 are not applicable, as far as contrary to a final decision.

§ 2c land registration (1) separate building property is 2 b according to § to enter upon request (§ 13 para 2 of the land order) in the land registry as a burden of the affected land. A building land register sheet does not exist for the building property it is designed to officio at the registration in the land register.
(2) a note in the second division of the land register for the affected land is to enter, unless a right of ownership pursuant to section 2a to secure any claims under the law adjustment Act at the request of the user. In the cases referred to in article 121, paragraph 1 and 2 of the law adjustment Act the registration of the notice to the designated effect towards the entitled person can be, as long as the rear transmission method is not unassailable completed under the property Act. The notice has the effect of a flag to secure these claims. section 885 of the Civil Code shall apply accordingly.
(3) the acquisition of independent building ownership and rights in rem on the building § 2b referred to in kind on the basis of the provisions of the public faith of the land register which is only possible if the building property even in the loaded property is registered.

§ 3 rights content and rank of limited rights in rem (1) a thing or a right at the end of the day before the accession becomes effective under load is to stay with the content resulting from the previous law and rank exist, if not another results from the following standards. § 5 para 2 sentence 2 and paragraph 3 of the law on the granting of rights to state-owned land by December 14, 1970 (Coll. I no. 24 S. 372 - Copyright law) and section 289, paragraph 2 and 3 and § 293 paragraph 1 sentence 2 of the Civil Code of the German Democratic Republic are no longer applicable. Sentence 2 shall apply accordingly to the provisions of the Copyright Act and the Civil Code concerning the withdrawal of a right of use.
(2) the suspension of a right, a plot of land or a right to a plot is burdened with, depends on the existing regulations, if the right of entered in the land register was not needed and is not registered.
(3) the adaptation of independent of the ownership of the land ownership of the building and the right of use referred to in section 4, paragraph 2 of the civil code and its supporting laws and the changed relationships, as well as the establishment of rights to safeguard the developments referred to in paragraph 2a are made under the property law adjustment Act. We reserve the right to an adjustment in the other.
(4) on pre-emption rights, which have been ordered under the provisions of the Civil Code of the German Democratic Republic, are to apply from 1 October 1994 on the provisions of the civil code according to the § 1094 to 1104.

Section 4 apply special provisions for use of rights in rem and building ownership (1) building ownership according to article 288 par. 4 or § 292, par. 3, of the Civil Code of the German Democratic Republic from becoming effective of accession on the provisions of the civil code with exception relating to land according to the article 927 and 928. Prior to the establishment of a building land register sheet, underlying the building property right of use is to enter by virtue in the land of the contaminated land. The acquisition of a separate building property or a right in rem to the building of the kind referred to in sentence 1 due to the regulations of the public faith of the land register is only possible if the underlying usage rights at the loaded property is registered.
(2) a right of use is not affected by the provisions of the Civil Code of the public faith of the land register after the articles 287 until 294 of the Civil Code of the German Democratic Republic, which is not registered in the land register of the contaminated land, if a home permissible on the basis of the right to use or other building at the time of governing to the public beliefs is completely or partially built and the underlying purchase entry application is sent before January 1, 2001. The purchaser of property or any other right in the contaminated land can abolish or amend the right of use for compensation which the beneficial owner resulting disadvantages of asset demand, if the right of use for him with disadvantages is connected, which are significantly larger than that of the beneficial owner by the repeal or amendment of his right any damage in this case; This does not apply if he knew the existence of the right of use on the acquisition of ownership or other right at the time relevant for the public faith of the land register.
(3) the sinking of the building shall be without prejudice to the existence of the right of use. A new building can be built on the basis of the right of use; Loads of building ownership continue on the copyright and the newly constructed building. A right of use only on the building floor area has been awarded, thus includes the right of use also the use of land in the building of constructed art adequate local scope, when home buyers more than a surface area of 500 square meters. On request, the land is appropriately to correct. Paragraph 2 shall apply mutatis mutandis.
(4) independent property consists of the building according to article 288 par. 4 and § 292, par. 3, of the Civil Code of the German Democratic Republic, so right vested under that law to use the land for sale in the auction remains at foreclosures arranged until the end of December 31, 2000 even if it is not taken into account in determining the lowest bid.
(5) the user in the acquisition of the right to use was dishonest in the sense of § 4 of the property law, property owners may request the abolition of the right of use by court decision. The claim pursuant to sentence 1 is excluded, if he has not become sub judice until December 31, 2000. A claim for annulment is inadmissible if the land owner to a request for waiver of the right of use by decision of the Office to open property issues has been authorized or entitled. With the abolition of the right of use, the ownership of the building expires after § 288, paragraph 4 and article 292, par. 3, of the Civil Code of the German Democratic Republic. The building is part of the land. The user may claim compensation for buildings, plants and plantings, with which he has equipped the plot, as far as the value of the property this even at the time of the abolition of the right of use is increased. Mortgage on a building on the basis of the right of use to continue on the value of the user against the land owner compensation. Section 16 para 3 sentence 5 of the property law is to be applied accordingly.
(6) the waiver of a right to use according to § 287 or § 291 of the Civil Code of the German Democratic Republic, the §§ 875 and 876 of the civil code application find. The usage rights in the land register is registered, so the notarized statement of the person entitled, that he give up the right, is sufficient if the Declaration at the land registry office will be submitted. With the abolition of the right to use the building title is extinguished according to article 288 par. 4 or § 292, par. 3, of the Civil Code of the German Democratic Republic; the building is part of the land.
(7) paragraphs 1 to 5 shall apply, as far as due to other legislation property of building, for a building land leaf to create is, in conjunction with a right to the affected land use.

§ 5 (1) shared use rights in the sense of section 321 para 1 to 3 and of article 322 of the Civil Code of the German Democratic Republic considered rights to the contaminated land, as far as their justification of the consent of the owner took this land sharing rights.
(2) as far as the rights referred to in paragraph 1 remain also valid under the legislation on the day before the effect of accession to an acquirer of the contaminated land or a right to this land, if they are not registered in the land registry, keep their effectiveness against the provisions of the Civil Code of the public faith of the land register if he underlying application for registration has been made the acquisition prior to 1 January 2001. The purchaser of property or any other right in the contaminated land can in this case, however the lifting or modification of the use right for compensation which require the legitimate resulting financial disadvantages if the shared use right for him with disadvantages is connected, which are significantly larger than the by the repeal or amendment of this right to the owner arising damage. This does not apply if one who requires the cancellation or modification of the use right, knew the presence of shared use law on the acquisition of the property or any other right to the contaminated land at the time relevant for the public faith of the land register. Is in the forced sale of the property at up to the expiry of the December 31, 2000 arranged foreclosures in paragraph 1 described rights § 9 of the introductory act to the law about the foreclosure and the receivership in the Federal Law Gazette Part III, outline number 310-13, section 24 of the Act of 17 December 1990 adjusted version published, last amended by article 7 (Federal Law Gazette I p. 2847) , apply mutatis mutandis.
(3) a shared law pursuant to paragraph 1 as right on a plot can be entered in the land register also if it was not eligible for registration according to the regulations on the day before the accession becomes effective. For registration of such a right is the time of the creation of the right note, if the applicant can prove this in the form provided for in the land register order for registration. The time point not be demonstrated, is the precedence over other rights to note: If this is approved by the person concerned.
(4) by State law can be, that a shared right of the kind referred to in paragraph 1 with the content in the land register to enter is, which complies with the applicable since 3 October 1990 law or most closely matches. The obligation to be registered by final decision is determined, the right also in the cases of sentence 1 with its established content may be entered.

§ 6 mortgages (1) for the transfer of mortgage receivables according to the Civil Code of the German Democratic Republic, which consist, on the effective date of accession shall apply the provisions of the civil code, which apply are accordingly, when transferring secure mortgages. The same applies to the lifting of such mortgages with the proviso that section 1183 of the civil code and article 27 of the regulation of land do not apply are. The provisions of the civil code on the waiver of a mortgage are not to apply to such mortgages.
(2) the transfer of mortgages, land charges and pension debts before the entry into force of the Civil Code of the German Democratic Republic and the other dispositions of such rights depend on the respective provisions of the civil code.

§ 7 of the effective date of accession floating law amendments (1) the transfer of ownership in a plot aimed instead of legislation in accordance with the provisions of the civil code according to the day before the accession becomes effective when the application for registration in the land register before the effect of accession has been made. This applies to the ownership of the building. Was a treaty which is been recorded before October 3, 1990, the application submitted after that date, a separate deed is not required if the have been met on October 2, 1990, the rules of the Civil Code of the German Democratic Republic on the transfer of ownership.
(2) a right can be justified yet according to the regulations on the day before the accession becomes effective after that day in accordance with these regulations, if, the entry in the land register is required and it has been applied for at the land registry office before the accession becomes effective. Such a right shall be governed according to § 3 para 1 and 2. Has requested the registration of a disposition of a right of the kind referred to in sentence 1 before the effect of the accession in the land registry has been, you are on the day before the effect be of accession rules to apply on the disposition.

§ 8 legal relationships in accordance with section 459 of the civil code, if legal conditions and demands as a result of the previous section 459 of the Civil Code of the German Democratic Republic and the implementing regulations, implementing, at the end of the day before the accession becomes effective, they remain subject to section 2 and the regulations set forth in the law-cleanup law untouched. Insofar as building ownership, the section are to apply paragraph 2b and 2c in accordance with.

§ 9 rank determination (1) the rank ratio of land rights referred to in article 3, paragraph 1 determined according to the date of registration in the land register, unless otherwise stated not the following.
(2) in the case of rights in land, which require no registration in the land register and are not registered, the rank is determined the registered notice after the date of the emergence of the law, in the case of § 5 para 3 sentence 2 and 3.
(3) the priority of building mortgage pursuant to article 456, para 3 of the Civil Code of the German Democratic Republic in conjunction with § 3 of the law on the amendment and supplementation of the Civil Code of the German Democratic Republic of 28 June 1990 (Coll. I n ° 39 p. 524) shall remain unaffected. The priority can be taken for changes in interest rates up to a total of 13 per cent claimed. The deferral effect of building mortgage pursuant to section 458 of the Civil Code of the German Democratic Republic in conjunction with § 3 of the law on the amendment and supplementation of the Civil Code of the German Democratic Republic of 28 June 1990 (Coll. I n ° 39 p. 524) is eliminated. These provisions shall apply mutatis mutandis for the construction mortgage.

§ 10 of power of representation for old right (1) associations entitled to a right in rem to a plot a person combinations, which members are listed not in the land register, legal representative of associations and its members in consideration of the subject of the community is the municipality where the plot is subject to an otherwise State provision. Land on various municipal districts, consists of the hallway reordering authority (section 53 para 4 of the agricultural adjustment Act) empowers a municipality to represent the associations.
(2) within the framework of the legal representation of the associations, the municipality to dispose of the property is entitled. Restrictions arising from the rules governing the associations do not preclude an injunction by the municipality. The municipality so exerts the representation of associations, as it corresponds to the presumed will of the members, taking into account the interests of the general public. The sections 666 and 667 of the Civil Code shall apply mutatis mutandis with respect to the proceeds of a sale.
(3) the rights of the institutions of the associations remain unaffected.
(4) the representation of the Community ends when it is repealed by decision of the hallway reordering authority and a copy thereof reach the base files of the affected land. The repeal of the authority may be requested by any member of the associations. The hallway reordering authority has to comply with the request, if the other representation of the associations is guaranteed.
(5) paragraphs 1 to 4 shall apply mutatis mutandis in the land register plot without specifying an owner is referred to as public.
Second section settlement of the land reform of § 11 principle
(1) the owner of a parcel of land that is marked in the land register as a plot of land reform or was, is a confirmed transfer-Transfer Protocol or a decision on a change of possession after the (first) Regulation on the implementation of the receivable in plots of land reform by August 7, 1975 (Coll. I no. 35 p. 629) as amended by the second regulation on the implementation of the receivable in land reform land of 7 January 1988 (Coll. I no. 3 p. 25) beneficiaries , if before the expiry of the October 2, 1990 at the land registry office not done requests or not completed application has gone on making the entry. Plots of land reform, which convicted in common ownership, are after the third regulation trust law of 29 August 1990 (Coll. I no. 57 S. 1333) to treat, if before the expiry of the October 2, 1990, a request or an application is entered on registration as a property of the people in the land registry.
(2) the ownership of another as the land referred to in paragraph 1 is marked in the land register as a plot of land reform or was, is 1 if at the end of 15 March 1990 a living natural person as the owner was registered, this person, 2. If on the expiry of 15 March 1990 was a deceased natural person as the owner or the person referred to in paragraph 1 to March 15, 1990 died transmitted with the entry into force of these regulations, is of those who is his heritage, or a community that is made up of the heirs of the owner registered in the land registry.
On the community, the provisions of the 15th title of the second book of the Civil Code shall apply, fractions are determined however after the inheritances, unless the third parties agree grant an other distribution of fractions.
(3) the authorized according to § 12 may demand the free conveyance of the land return for assumption of liabilities by one, transferred the ownership of a plot of land from the land reform referred to in paragraph 2, section 15, subsection 1, sentence 2. The transfer is free of charge. Each participant wears his expenses the party entitled to bear the costs of a certification of transactions to which the owner is obliged pursuant to sentence 1. As a replacement for the conveyance, the beneficiary can demand payment of the market value of the land; is the date of the request. The claim can only be claimed pursuant to sentence 4 If the owner is asked to pay and not within 2 weeks of receiving the request for payment of it has passed, through conveyance of the land to be able to meet the demand.
(4) on the claim pursuant to paragraph 3, the provisions of the Civil Code of obligations shall apply. The owner is considered under paragraph 2 up to the time of the transfer because of a claim pursuant to paragraph 3 the person entitled to charged with the management of the land. For actions under paragraphs 3, 4 and 6 the Court is solely responsible, in whose district the property is wholly or mainly.
(5) that is sentence 1 in paragraph 1 or in paragraph 2 sentence 1 person at the relevant time was married and lost to owners who before before the accession becomes effective this person and their spouse to same fractions are the statutory matrimonial property regime of property rights and investment community of the family code of the German Democratic Republic, if the spouse has experienced the 22 July 1992. 1. in the cases of paragraph 1 is the day of confirmation of the transfer-Transfer Protocol or the decision, 2. in the cases of paragraph 2 sentence 1 sentence 1 Nos. 1 and 2 case 2 the expiration of 15 March 1990 and 3rd in the cases of paragraph 2 No. 2 case 1 of the death of the person registered as the owner.

§ 12 of justified (1) legitimate is in the cases of § 11 paragraph 2 sentence 1 No. 1 and no. 2 case 2 in the following order: 1 the person, the property or the part of the plot after the rules about land reform or the Bills for land from the land reform has been formally assigned to or passed, even if the Bill of Exchange, not in the land register has been recorded , 2. the person who has taken the land or the land part at the instigation of a public authority or with its express approval as owner owned, applied for the change of ownership and is eligible for allocation unless it is houses and associated gardens.
(2) No. 2 is authorized in the cases of section 11 subsection 2 sentence 1 case 1 in the following order: 1. when not primarily commercial, expiration of 15 March 1990 still existing houses and the accompanying gardens a) the person of the property or the part of the land on which they are located, after the rules about land reform or the Bills for land from the land reform has been formally assigned to or passed , even if the Bill of Exchange, not in the land register has been recorded, b) the person who has taken the property or the part of the land on which they are located, at the instigation of a public authority or with its express approval as owner owned, applied for the change of ownership and is eligible for allocation, c) the heir of the owner registered in the land register on the basis of a decision under the provisions on land reform or on the implementation of the receivable , which inhabited the House at the end of 15 March 1990, d) by way of derogation from the provisions of the third regulation trust law of 29 August 1990 (Coll. I no. 57 S. 1333) the tax authorities of the country in which the House property is located, if this was used on 15 March 1990, either residential or commercial purposes.
2. for land used for agriculture or forestry (shots) a) has been the person of the property or the part of the land formally assigned to according to the regulations about land reform or the Bills for land from the land reform or pass, even if the Bill of Exchange, not in the land register has been recorded, b) the heir of the owner registered in the land register on the basis of a decision under the provisions on land reform or on the implementation of the receivable , who is eligible for allocation c) by way of derogation from the provisions of the third regulation trust law the tax authorities of the country in which the property is located.
(3) Zuteilungsfähig the meaning of the paragraphs 1 and 2 is who at the end of 15 March 1990 in the area referred to in article 3 of the Unification Treaty, in agriculture, forestry or food industry has been involved or who before the expiration of 15 March 1990 in the area referred to in article 3 of the Unification Treaty, in agriculture, forestry or food industry worked as a whole for at least ten years and followed up following this activity any other gainful employment and such is expected on Time will not go up.
(4) several people meet the requirements referred to in paragraphs 1 and 2, then they are entitled to equal parts. Who is no. 1 or paragraph 2 referred to in paragraph 1 No. 1 married a legitimate letter letters a and b, or no. 2 and was defeated by authorized before the statutory matrimonial property regime of property rights and investment community of the family code of the German Democratic Republic, before the accession takes effect so the spouse to an equal share.
(5) If claims not have under paragraphs 1 and 2, the owner is obliged to admit co-ownership to a fellow user to the extent of its use pursuant to section 11. With users is in a serving residential building on a plot of land reform housing for independent, equal and not only temporary use was assigned to whom. Paragraph 4 shall apply mutatis mutandis to the fellow users. The claim does not exist if the granting of co-ownership undue hardship would mean one for the owner taking into consideration of the spatial conditions and the extent of current usage.

§ Is applied for the rectification of the land register for the benefit of the person 13 dispositions of the owner before October 3, 2000 which is owner pursuant to § 11 subsection 2, to the land registry office will send the tax authorities of the country in which the property is located, a message about this. This also applies to dispositions, which this owner's registration before October 3, 2000, applied for, or apply for leaves.

§ 13a flag in favour of the tax authorities on request of the Treasury the land registry adds a flag to back up his claim according to § 11 par. 3. The flag is officio delete, if the request is cancelled by the competent administrative court.

Section 14 limitation the according to the sections 11 and 16 claims with the expiration of the October 2, 2000. Is the secure conveyance claim period of 6 months from the entry of the flag barred for a conveyance claim a flag according to § 13 in force until 24 July 1997 amended registered.

§ 15 liabilities
(1) on the owner pursuant to § 11 subsection 2 liabilities pass with entry into force of these provisions, insofar as they are founded on measures applying to the land. Such liabilities have been redeemed by anyone other than the owner so the owner is this to replace extent that funds from the debt have been used for the plot. The beneficiary has the liabilities referred to in sentence 1 and commitments to take over.
(2) the owner is entitled to the item of property in accordance with section 928 para 1 of the civil code according to § 11 para. 2. He can refuse the performance on him pursuant to paragraph 1 of received over liabilities from effectively becoming of the waiver to their transition pursuant to paragraph 3. The Declaration of the owner requires the consent of the municipality in which the property is situated, has only to grant them if your a person according to § 12 is not known.
(3) the acquisition right to the entitled person according to § 12, the Treasury of the country in which the land is situated, and the creditors of liabilities referred to in paragraph 1 in the case of paragraph 2, in that order. The liabilities pass legitimate or the Treasury of the country where the property is located on the according to § 12, if they make use of their acquisition rights. The creditors may request the persons entitled in accordance with § 12 and the Treasury of the country in which the land is situated, non-appropriation right. The waiver is considered to have been declared, if within three months after receipt of a statement not. He slipped effective claims according to § 12. The surrender is declared or he considered to be explained, so other appropriation authorized with their right hand in the line-up procedure can be excluded if a year since the waiver has passed. With the legal force of the expulsion decision is requesting appropriation authorized owner. Several creditors can only exercise their rights.

Article 16 relationship with other provisions, transitional provisions (1) the provisions of this section without prejudice to the provisions of the Investment Act, as well as other rules, according to which the abolition of Government decisions or disclaimers or the repossession of assets may be required. Through the provisions of this section, in particular § 12 para. 2 No. 2 not be letter c, also touched the third implementation regulation trust law and claims referred to in article 21 § 3 and article 22 paragraph 1 set 7 of the Union Treaty. The final allocation of the assets according to § 12 para 2 No. 2 letter c will be decided by special federal law.
(2) the heritage of the last registered owner of a parcel of land from the land reform, which as such is marked in the land register, is empowered to carry out orders, for whose exercise he has committed prior to the entry into force of this section, if prior to that date, the available enlistment or the registration of a flag to the securing of this claim or the registration of this available has been applied for by inheritance or by an other public or publicly-certified certificate assigned. The claim specified in § 11 is aimed in this case against the heirs; its liability is limited to the services agreed in the contract on his behalf. The provisions of this paragraph shall apply mutatis mutandis if the buyer in the land register is registered, or if the acquisition of in section 11 subsection 2 sentence 1 No. 1 designated person.
(3) a note about the limitations of the owner under the provisions of the land reform can be deleted automatically.
Art 234 fourth book. Family law section 1 principle the fourth book of the Civil Code applies to all family relations that exist at the effective date of accession, unless otherwise determined below.

§ 2 engagement the engagement rules do not apply to Verlöbnisse, which have been closed before the accession becomes effective.

§ 3 effects of marriage in General (1) spouses who entered into marriage and not make a choice according to the § 1355 para 2 sentence 1 of the German civil code according to the law applicable at the time of the marriage before the accession becomes effective, can up to the expiry of one year after the effective date of accession declare that they want to lead the birth name of the man or of the woman as married name. This does not apply if the marriage is dissolved or declared null and void. A spouse before the effect of accession added his name listed at the time of the marriage the married name, so 1 the added name ceases if the spouses in accordance with sentence 1 explain to lead the birth name of this spouse as married name.
2. can of the spouse explain until the expiry of two years after the effective date of accession to precede his birth name now instead of the added name. Section 1355, paragraph 3, of the civil code does not apply to a spouse, whose name led to the time of the marriage become married name.
(2) a name change extends sentence 1 referred to in paragraph 1 on the birth name of a descent, which has reached the age of 14, only then, when he joins his parents name change by declaration. A descendant of limited in legal capacity can only make the statement; He needs to do this, the consent of his legal representative. The previous birth name became the married name of descent, so the name change extends sentence 1 the marriage name referred to in paragraph 1 only if the spouse set 1 together make the statement referred to in paragraph 2. The statements are sentences 1 and 3 referred to in paragraph 2 to submit within one year; the period begins with the Declaration referred to in paragraph 1 (3) the statements according to paragraphs 1 and 2 require the public certification. You are to send the State officials responsible for their acceptance. The explanations can be certified by the Registrar or notarized.
(4) to accept of the Declaration of the marriage name change of Registrar is responsible, leading the family book of the spouses; is a family book is not done, so the Registrar is responsible, which leads the marriage book. The Registrar will make the entry in the Personenstandsbuch guided by him on the basis of the Declaration.
(5) to the acceptance of the Declaration relating to the modification of the birth name of the Registrar is responsible, leading the birth book; He makes the entry in the birth register on the basis of the Declaration.
(6) the spouses entered into marriage outside the scope of this Act and is a family book is not done, the Registrar of the revert I in Berlin is responsible. He granted, if he causes no Personenstandsbuch, that on the basis of the Declaration of a registration to make would be the explanatory and continued by the declaration concerned a certificate of receipt and the effects of the Declaration. The same applies if the birth of the descent in the territorial scope of this Act is beurkundet.
(7) the Minister of the Interior is authorized to adopt regulations about the further treatment of the statements and the reporting obligations of the Registrar in consultation with the Federal Minister of Justice and with the consent of the Federal Council on the implementation of this law.

Matrimonial property regime (1) the spouses have section 4 on the effective date of accession in the statutory matrimonial property of the ownership and asset-community of the family code of the German Democratic Republic lived, so apply, unless otherwise agreed the spouses have, from that time on the rules governing the statutory matrimonial property of the added value community.
(2) each spouse can explain if is not previously closed a contract of marriage or divorced, until the expiry of two years after the effective date of accession the District Court against, that the existing statutory matrimonial property regime should continue to apply for the marriage. section 1411 of the Civil Code shall apply mutatis mutandis. The Declaration will be announced the reconciliation is considered failed. From the restoration of the original matrimonial property regime the spouses can derive not among themselves and against objections to a legal transaction that is carried out after the reconciliation between the spouses or between one of them and the third party, a third party.
(3) for the acceptance of the Declaration referred to in paragraph 2, every District Court has jurisdiction. The statement must be notarized notarized. The spouses not jointly issued the Declaration, the District Court has to disclose the other spouse they after the deliveries officio rules of civil procedure. For the delivery expenses not collected no. 2 of the costs according to § 137. A request for registration in the register of matrimonial property regimes associated with the Declaration, the District Court has to forward the request with the statement to the Court. The continuous force due to the Declaration of legal property regime is, if one of the spouses requests, be entered in the register of matrimonial property law. If the application is made by one of the spouses, the Court prior to the entry you want to hear the other spouse. The provisions of the law on the procedure in family matters and in matters of voluntary jurisdiction shall apply for the judicial proceedings.
(4) in the cases of paragraph 1 shall apply mutatis mutandis for the dispute of community property acquired until the accession and assets § 39 of the family code of the German Democratic Republic.
(5) for spouses who have been divorced before the accession becomes effective, the existing laws remains decisive for the dispute of community property and assets and for the decision on the matrimonial home.
(6) for the certification of the declaration according to paragraph 2 and the registration to the register of matrimonial property regimes, as well as for the registration in the register of matrimonial property regimes, the business value is EUR 3 000.

the spouses issued no declaration § 4a joint ownership (1) according to article 4, paragraph 2, sentence 1, as community property of spouses is property to same fractions. For land and land rights, the spouses can determine other shares. The determination is possible within six months of entry into force of this regulation and is done with the application for rectification of the land register. This and the provision need not of the form specified in section 29 of the land order. The right to vote pursuant to sentence 2 goes out, without prejudice to the set of 3, if arranged the forced sale or receivership of the plot or plot same right or if the registration of a Zwangshypothek is sought at the land registry office.
(2) have the spouses made a declaration according to article 4, paragraph 2, sentence 1, the rules governing the is of a community managed by both spouses find appropriate application on the existing and future community property. For the resolution of this community in the event of divorce, the provisions of the family code of the German Democratic Republic are to apply but in accordance with section 4.
(3) it is irrefutably assumed that joint ownership of spouses to the family code of the German Democratic Republic fractional ownership to half shares, unless other fractions result or from the register of matrimonial property regimes in the land register, that is been issued a statement according to § 4 par. 2 and 3 or community agreed.

§ 5 maintenance of the divorced spouses for the maintenance claim of a spouse of who is divorced, married before the effect of accession remains governed by the existing laws. Maintenance agreements remain unaffected.

§ 6 pension sharing (1) for spouses who are divorced or are divorced, the basic entry into force of the insurance and pension legislation of the sixth book the social law - statutory pension scheme - in the area referred to in article 3 of the Unification Treaty does not apply the law of the supply balance. Is divorced after that date, the pension rights adjustment does not take place in that regard, was to offset eligible subject matter or basis of an effective agreement before the accession becomes effective or judicial decision on the distribution of wealth.
(2) paragraph 1 shall apply mutatis mutandis in relation to 1 the law for the control of hardening in the supply balance of 21 February 1983 (BGBl. I p. 105), last amended by article 24 of the Act of 9 December 2004 (BGBl. I S. 3242), 2nd the cash value regulation by June 24, 1977 (BGBl. I S. 1014), last amended by the regulation of 26 May 2003 (BGBl. I S. 728) , in the applicable version.

§ 7 ancestry (1) affect decisions that have been issued before the effect of the accession and determine that the mother's husband is not the father of the child, who is the father of the child, or that a recognition of fatherhood is ineffective. The same is true for recognition of paternity, which has become effective after March 31, 1966 and before the accession becomes effective.
(2) the time limits for complaints which the legitimacy of a child or the recognition of paternity is contested, does not begin before the accession becomes effective if the party entitled to appeal was not entitled to claim under the existing law.
(3) is challenged the paternity before the effect of accession or action for declaration of the invalidity of a recognition of fatherhood raised and adjudicated on the actions not before the effect of the accession been, so the period is not included periods referred to the effect be of accession in that in paragraph 2 by the prosecution, if the lawsuit as a result of the entry into force of the civil code no longer raised or no longer can be set by the plaintiff against the defendant.
(4) others are just set 2 as the decisions referred to in paragraph 1 and explanations, which have the effect of a finding of paternity under the previous law, a recognition of fatherhood within the meaning of paragraph 1.

sections 8 and 9 (dropped out) § 10 legal relationship between the parents and the child usually the family name one before the effect be of accession-born child is determined in consideration of the name legal consequences occurred until the accession under the previous law.

§ 11 (dropped out) § 12 legitimation of illegitimate children the time limit under section 1740e para 1 sentence 1 of the German civil code does not start before the accession becomes effective.

§ 13 adoption adoption conditions have been justified before the accession becomes effective, para 2 apply as a child (1) section 1755, para 1, sentence 2, the §§ 1756 and 1760 letter e, § 1762 2 and §§ 1767 and 1772 of the civil code does not. section 1766 of the Civil Code shall not apply if the marriage before the effect of accession has been closed.
(2) before the effect of accession issued by decisions of the Court, by an adopted ratio has been lifted, remain unaffected. The same is true for decisions of a State institution by an adopted ratio has been lifted and that have become effective before the accession becomes effective.
(3) is an adoption relationship before the effect of accession without the consent of the child or a parent has been established, so it can only be lifted for this reason, if consent was required under the previous law.
(4 an adoption relationship before the accession becomes effective) been justified and the consent of a parent was not required under previous law because 1 this parent to make of a declaration for a non foreseeable was unable, 2. the Erziehungsrecht was removed from this parent or 3rd stay of this parent could not be determined, so the acceptance ratio may be lifted however on request of this parent. § 1761 of the Civil Code shall apply mutatis mutandis.
(5) an adoption relationship before the effect of the accession was founded and the consent of a parent has been replaced, so paragraph 4 shall apply mutatis mutandis.
(6) an application for annulment of an adoption relationship justified before the effect of accession is possible only until the expiry of three years after the effective date of accession. Each guardianship court is responsible for the submission of the application.
(7) is on the action of a biological parent waiver of acceptance ratio on the effective date of accession still not adjudicated have been, so the action is a claim for annulment of the adoption relationship. § 1762, paragraph 3, of the civil code does not apply.

§ 14 guardianship (1) from the be of accession the provisions of the Civil Code apply to the existing guardianship and provisional guardianship.
(2) previous orders by guardians remain in effect. Spouses are ordered together according to article 90, paragraph 1, of the family code of the German Democratic Republic to guardians so 1 applies to prevent a fellow Guardian article 1678 paragraph 1 half-sentence of the civil code according to.
(3) the youth welfare office or the State notarial leads even a guardianship, so this will be continued as ordered official guardianship (§§ 1791 b, 1897 sentence 1 of the German civil code).
(4) the provisions of the civil code through the establishment of Ward money shall apply only from 1 January 1992.
(5) claims of guardian on remuneration for the time until the accession, as well as to compensation for expenses, which he made in this period, shall be the previous law.
(6) section 11 paragraph 4 shall apply accordingly.

Section 15 on the effective date of the accession of the existing Pflegschaften are guardianship (1) to the corresponding Pflegschaften according to the civil code. The sphere is equal to the previously specified sphere.
(2) § 14 para 2 to 6 shall apply accordingly.
Art 235 fifth book. Inheritance inheritance law § 1 conditions for the inheritance relationships so far right remains decisive, if the deceased before the accession becomes effective is died.

§ 2 dispositions of property upon death due to the establishment or revocation of a disposition of property upon death before the accession becomes effective after the previous law assesses, even if the testator dies after the effective date of accession. This applies also for the binding of the deceased in a community will, if the Testament before the effect of accession has been built.
Art 236 introduction law - international private law section 1 completed operations on before the effective join previous private international law remains applicable completed operations.

§ 2 the effects of harmonizing legal relationships are subject to effects of harmonizing legal relationships of the effect be of accession to the rules of the second chapter of the first part.

§ 3 matrimonial property the marital property effects of marriages concluded before the accession becomes effective, shall be covered by this tag in the article 15; While the effective date of accession takes the place of the date of the marriage. If pursuant to sentence 1 claims due to the termination of the former matrimonial property regime would arise solely out of a change of applicable law, they shall apply until the expiry of two years after the effective date of accession as deferred.
Art 237 grandfathering, deadline § 1 protection are (1) failed to purchase, expropriation or other transfer of land or separate building property in common ownership only to note if the plot or independent building ownership according to the General rules of law, procedural rules and proper administrative practice, which is mainly at the time of transfer into common ownership for this (§ 4 para 3 letter a half-sentence 1 of the Investment Act) , effectively into common ownership would have can be transferred or if the possible transfer into common ownership with rule of law was absolutely incompatible. Measures which have violated the legal certainty or proportionality or used to represent arbitrary file in some cases seriously against the principles of Justice, are per se incompatible with the rule of law.
(2) the transfer of public property pursuant to paragraph 1 ineffective, you are to 2 in conjunction with § 2 of the law adjustment law specific claims the user of the property in chapter, if there or the conditions specified in the following sentences are given. A structural measure is to take even if the user has purchased a single progress on the land - or two-family house according to the regulations on the sale of State-owned buildings, or the plot has been fed by the previous legal entity, a mapping recipient or its legal successor of the commercial use or involved in a business unit. Suffice by way of derogation from article 8 of the law adjustment law if the construction measures has been made no later than July 24, 1997, the day on which a complaint on surrender of the land or to permit the rectification of the land register has become sub judice, or started.
(3) for issues that meet an offence of section 1 of the property Act, the foregoing paragraphs apply the property law applies here.

Section 2 (1) who as the owner of a land or building in the land register deadline is registered, without that he has acquired the property, acquires the property, if the registration before October 3, 1990 and until the expiry of the 30 September 1998 by a law pending action of the real owner or a filed with the land registry and by permission of the registered owner or the restraining order issued by a court justified application for registration an objection has been assaulted. Interim injunctions about the plot remain unaffected. Deletes the contradiction, the timely bringing of action is required. Against the involuntary non-observance of the time limit, restitutio in integrum may be granted after the articles 233 to 238 of the code of civil procedure.
(2) is in the land registry or in the inventory journal (article 113, paragraph 1 No. 5 of the land available) a land or building as the owner property of the people, that public property is created, then acquires the legal person of public or private law that, if the registration is made before 3 October 1990 is owned under the rules on the management of public property and they without until the expiry of the 30 September 1998 by a law pending action of the real owner or one at the Land registry submitted and substantiated by permission of the registered owner or of the person (§ 8 of the asset mapping Act) or the interim injunction of a court application for registration an objection has been assaulted. The claim or the request for a temporary injunction, will be turned on if an assignment notice is not yet adopted, also the person. Paragraph shall apply accordingly 1 sentences 2 and 3.
(3) an official opposition is equivalent a contradiction according to paragraphs 1 and 2.
(4) the rules on the handling of public property as well as 233 § claims § 11-16 remain unaffected under the property law and article. A procedure is pending on July 24, 1997 under the property law or float at this time negotiations between the possessor and a former owner of the land, so enter only but not before known effects in the paragraphs 1 to 3 after one month after the termination of the proceedings or the breakdown of in negotiations, on October 1, 1998.
(5) the preceding paragraphs shall not apply when the parties concerned have agreed otherwise before the 24 July 1997 or dissenting judgments have been between them.
Part seven regulation appropriations, implementation of the civil code, land opening clauses, information requirements type 238 Reiserechtliche regulations (1) that is Ministry of Justice authorized, in agreement with the Federal Ministry of Economics and technology by Decree without the consent of the Federal Council, 1 insofar as it is necessary to protect of the consumer when traveling, to enact regulations is ensured by the) that the descriptions of travel not misleading , but contain clear and precise information and b) that the tour operator granted consumers the necessary information and 2nd where there to protect of the consumer against payments or travel without the prescribed safety is required, the content and the design of the safety certificates according to § 651 k paragraph 3 and the evidence according to § 651 k para 5 of the civil code to set and determine how informs the traveler about the existence of the protection is.
To in sentence 1 No. 1 purpose mentioned can in particular be determined what information in a prospectus issued by the organizer and in the travel contract must be included, as well as what information the travel organiser must give the traveler before the conclusion of the contract and before the trip.
(2) the Kundengeldabsicherer (§ 651 k paragraph 2 of the Civil Code) shall immediately notify the termination of the client money protection agreement of the competent authority.
Type 239 country opening clause the countries can determine by law requires the application for a certificate of inheritance of the notarization and insurance in lieu of oath according to § 352 paragraph 3 sentence 3 of the law on the procedure of the matters of voluntary jurisdiction in family matters and according to § 36 paragraph 2 sentence 1 of the international of inheritance law Procedure Act of June 29, 2015 (Federal Law Gazette I p. 1042) only before a civil law notary is.
Type 240 information requirements for distance contracts the Federal Ministry of Justice is authorized, in consultation with the Federal Ministry of Economics and technology by Decree without the consent of the Federal Council in accordance with the information required under Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts (OJ EC No. L 144, p. 19) and Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 on the distance marketing of financial services to consumers and amending Directive 90/619/EEC of the Council and directives 97/7/EC and 98/27/EC (OJ EC No. L 271, p. 16) to set: 1.
What details of the Treaty, in particular to the person of the entrepreneur to the service and the terms and conditions, consumer prior to the conclusion of a distance contract are to inform, 2 which are to share information referred to in point 1 consumers at any time in writing and what additional information, in particular to the right of withdrawal and cancellation rights, the customer service and warranty terms and conditions, to communicate with consumers after conclusion of the contract in writing and how to highlight it 3..
Type 241 information obligations for contracts in electronic commerce the Federal Ministry of Justice is authorized, in consultation with the Federal Ministry of Economics and technology by Decree without the consent of the Federal Council in accordance with the information required under Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society, in particular electronic commerce services , in the internal market ('directive on electronic commerce', OJ EC No. L 178, p. 1) to set the information that the customers on technical details of the conclusion of the contract in e-commerce, in particular for the correction of input errors, to grant the access agreement and code of conduct as well as the language of the contract prior to issuing his order.
Type 242 information requirements for part time timeshare contracts, contracts for long-term holiday products, agency contracts, as well as Exchange system contracts section 1 pre-contractual and contractual mandatory (1) as pre-contractual information according to article 482, paragraph 1, of the civil code for a part time timeshare contract, a contract about a long-term holiday product, a conciliation agreement or a contract of Exchange system are the information according to the annexes to Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of on certain aspects of timeshare contracts , Contracts for long-term holiday products, resale and exchange contracts (OJ L 33 of the 3.2.2009, p. 10) to provide, in an easily accessible form and 1 for a part-time residence contract the information referred to in annex I to the directive, 2. for a contract for a long-term holiday product information referred to in annex II of the directive, 3 for a mediation contract information pursuant to annex III of the directive, 4 for a barter system information after annex IV of the directive.
(2) the information contained in parts 1 and 2 of the annexes referred to in paragraph 1 are number 1 to 4 in a form according to the patterns contained in the annexes to provide. The information under part 3 of the annex can be recorded in the form or otherwise provided. Are they not included in the form, is on the form to indicate where the information can be found.

Section 2 details of the right of withdrawal a part time timeshare contract, a contract for a long-term holiday product, a brokerage contract or a barter system is a standard form in accordance with the model in annex V of Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare contracts, contracts for long-term holiday products, resale and exchange contracts (OJ L 33 of the 3.2.2009, p. 10) in the language according to article 483, paragraph 1, of the civil code to add, in which, the relevant information to the right of withdrawal are clear and understandable inserted.
Art 243 supply and disposal conditions the Federal Ministry of Economics and technology may in agreement with the Federal Ministry of Justice Ordinance with the consent of the Federal Council the General conditions for the supply of water and district heating, as well as the disposal of waste water including design balanced by frameworks on the charges, and this taking due account of the interests of both parties the provisions of the treaties uniformly set 1 , 2. rules on the conclusion of the contract, the meeting subject and the termination of contracts, as well as 3 set the rights and obligations of the Contracting Parties.
Sentence 1 shall apply according to supply designed for conditions in public and disposal conditions with the exception of the control of the administrative procedure.
Kind is authorized 244 payments in the House construction of the Federal Ministry of Justice in agreement with the Federal Ministry for economy and technology by Decree without approval of the Bundesrat in deviation from § 632a of BGB (Bürgerliches Gesetzbuch) (civil law to regulate what payments for work contracts are required can have the construction or conversion of a house or a similar structure to the subject, in particular how many deductions are agreed upon can , which provided trades what percentages of the total amount of the construction can be used here, which tee for an obligation contained in the contract for the supply of the property can be used to and what kind of security is to pay the customer for this purpose.
Art 245 (dropped out) 246 information requirements in the consumer contract (1) the contractor is kind if this information not from the circumstances, pursuant to section 312a paragraph 2 of the civil code is obliged to provide the following information in a clear and understandable manner the consumer prior to placing of the contract: 1. the essential characteristics of the goods or services in which the disk and the goods or reasonable services scope , 2. his identity, for example, its trade name and the address of the place at which he is established, as well as his phone number, 3 the overall price of goods and services including all taxes and fees, or in the cases where the price due to the nature of the goods or services reasonably in advance can be calculated, how of price is calculated, as well as, where appropriate, all additional freight , Delivery or shipping or in the cases where these costs reasonably in advance can be calculated, the fact that such additional costs may apply, where appropriate, the payment, delivery and performance conditions, to supply the date up to which the contractor has committed the goods or the services to provide 4., as well as the procedure of the entrepreneur to dealing with complaints , 5. the existence of a statutory right of deficiency liability for the goods and, where appropriate, the existence and the conditions of after-sales services and guarantees, 6, where appropriate, the duration of the contract or the terms and conditions of termination of open-ended contracts or is automatically renewable contracts, 7 if necessary, the operation of digital content, including applicable technical protection measures for such content, and 8 if necessary, unless substantially limits the interoperability and the compatibility of digital content with hardware and software , as far as these limitations are known to the operator or must be known.
(2) paragraph 1 shall not apply to contracts which have transactions of everyday life to the subject and be granted immediately upon conclusion of the contract.
(3) a right of withdrawal is available to the consumer, the provider is obliged to inform the consumer in writing of his right of withdrawal. The revocation must be well designed and the consumer its essential rights in the means of communication used customized way make clear. It must contain the following: 1 a reference to the right to revoke, 2. an indication of that the revocation is made by notice to the contractor and no justification is needed, 3rd person compared the revocation is to explain, and 4. a the name and the address note on duration and start of the withdrawal period and that the timely dispatch of the notice of withdrawal is sufficient to meet the deadline.
246a information obligations on contracts negotiated away from business premises and distance contracts except contracts for financial services § 1 obligations (1) the contractor is obliged to provide the consumer the following information according to § 312d, paragraph 1 of the civil code: 1. the essential characteristics of the goods or services in which the means of communication and for the goods and reasonable services scope, 2. his identity , its trade name and the address of the place at which he is established, his phone number and his fax number if applicable and email address and, where appropriate, the address and the identity of the trader on whose behalf he acts, the business address of the operator and, if necessary, the address of the trader on whose behalf he is 3rd in addition to the information referred to in paragraph 2, to the consumer with each complaint can contact , if this address from the address under point 2 is different, 4.
the total price of the goods or services including all taxes and fees, or in cases where the price due to the nature of the goods or services reasonably in advance cannot be calculated, how of price is calculated, as well as, where appropriate, all additional freight, delivery or shipping costs and all other costs, or calculated these costs reasonably in advance in the cases in which can be , the fact that such additional charges may apply, 5th in the case of a permanent contract or a subscription contract the total price; This includes the total costs per billing period and, if provided for such a treaty fixed amounts charged also the monthly total cost; If the total cost can be calculated reasonably in advance, the way is to specify pricing, 6 that fees for the use of means of distance communication used for the conclusion of the contract, provided that the consumer will be charged, which go beyond the cost of the mere use of means of distance communication, 7 the payment, delivery and performance, the date up to which the contractor must deliver the goods or provide the service , and, if necessary, the procedure of the entrepreneur to deal with complaints, 8 the existence of a statutory right of deficiency liability for the goods, 9, where appropriate, the existence and the conditions of customer service, customer service and warranties, 10 any existing relevant codes of conduct referred to in article 2 letter f of the Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 on unfair commercial practices in the internal business transactions between businesses and consumers and amending Directive 84/450/EEC of the Council , of directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006 / 2004 of the European Parliament and of the Council (OJ L 149 of the 11.6.2005, p. 22) and how copies can be obtained from, 11, where appropriate, the duration of the contract or the terms and conditions of termination of open-ended contracts or is automatically renewable contracts, 12, where appropriate, the minimum duration of the obligations, which enters the consumer with the Treaty, 13, where appropriate, the fact that the entrepreneurs of the consumer may require the position of a deposit or the performance of other financial assets , and whose conditions, 14, where appropriate, how of digital content, including applicable technical protection measures for such content, 15 if necessary, unless substantially limits the interoperability and the compatibility of digital content with hardware and software, insofar as these limitations are known to the operator or must be known, and 16 if necessary, that the consumer can use an out-of-court complaints and redress procedures, the contractor is subject to the , and its entry requirements.
Is the contract within the framework of a public auction, the relevant information of the auctioneer can be provided instead of the information pursuant to sentence 1 number 2 and 3.
(2) shall be entitled to the consumer according to § 312 g paragraph 1 of the civil code, the provider is obliged to inform 1 about the conditions, time limits and the procedures for the exercise of the right of withdrawal according to § 355 paragraph 1 of the civil code, as well as the model withdrawal form in Appendix 2, 2. If necessary, moreover, that the consumer in the event of withdrawal has to bear the costs for the return shipment of the goods the consumer , and for distance contracts in addition about the costs for the return shipment of the goods, if the goods can be returned due to their nature not on the normal postal service, and 3. Moreover, that the consumer the entrepreneurs in a contract for the provision of services or not in a given volume or in a certain amount agreed supply of water, gas , Electricity or the supply of district heating a reasonable amount owed according to article 357, paragraph 8, of the civil code for the service provided by the contractor, if the consumer exercises the right of withdrawal, after he has specifically requested the beginning of the service before the expiration of the withdrawal period upon request of the contractor of this.
The entrepreneur to meet these information requirements, as a result, that he filled out in the form of text conveys that in annex 1 provided samples for the cancellation policy applicable to.
(3) the operator has to inform, if 1 the consumer the consumer according to § 312 g paragraph 2 sentence 1 number 1, 2, 5 and 7 to 13 of the civil code not entitled to, that the consumer does not withdraw his declaration of intent, or 2. the right of withdrawal the consumer 312 g paragraph 2 sentence 1 number 3, 4 and 6, and article 356, paragraph 4 and 5 of the civil code in advance can go out according to § , about the circumstances under which, the consumer loses a first existing right of withdrawal.

§ 2 facilitated information requirements for repair and maintenance work (1) the consumer at a contract for repair and maintenance work, which is, outside closed premises, where the mutual benefits to be granted immediately and the remuneration payable by the consumer does not exceed 200 euros, has specifically requested the services of the contractor, the contractor must provide only the following information the consumer: 1 the information according to § 1, paragraph 1, sentence 1 number 2 and 2 the price or the type of price calculation together with an estimate on the total cost.
(2) also, the operator has to provide the consumer the following information: 1. the essential characteristics of the goods or services in which the means of communication and the goods or reasonable services scope, 2., where appropriate, the conditions, the time limits and the procedures for the exercise of the right of withdrawal, as well as the model withdrawal form in Appendix 2 and 3, where appropriate, the information that the consumer cannot revoke his declaration of intent , or the circumstances under which consumers prematurely losing a first existing right of withdrawal.
(3) one of the entrepreneurs available must include all referred to in § 1 for issuing information provided transcript or confirmation of the contract pursuant to section 312f paragraph 1 of the civil code.

§ 3 facilitated information requirements with limited representation opportunity set a distance contract using a means of distance communication are closed, the limited space or limited time offers for the information to be issued to the consumer, the entrepreneur is obliged to provide at least the following information to the consumer using this means of distance communication: 1 the essential characteristics of the goods or services, 2. the identity of the contractor, 3. the total price or, in the cases , where the price due to the nature of the goods or services reasonably in advance can be calculated, the kind of price calculation, 4. where appropriate, the existence of a right of withdrawal and 5, if necessary, the contract and the conditions for the termination of a continuing obligation.
According to article 1, the operator has the further information to make available to the consumer in an appropriate manner in accordance with article 4, paragraph 3.

Formal requirements to the information obligations (1) the entrepreneur must the consumer the information according to the paragraphs 1 to 3 prior to the placing of the contractual statement in a clear and understandable way provide § 4.
(2) in the case of a contract concluded away from business premises the contractor must provide on paper or, if the consumer agrees, the information on another durable medium. The information must be legible. The person of the explanatory entrepreneur must be called. The entrepreneur may provide the information according to § 2 paragraph 2 in any other form available, which has expressly agrees hereby the consumer.
(3) in the case of a distance contract, the contractor must the consumer the information in one of the means of distance communication used customized way make available. As far as the information on a durable medium are provided, they must be readable, and the person of the explanatory entrepreneur must be called. By way of derogation from sentence 1 the entrepreneur can make accessible the information referred to in paragraph 3 sentence 2 in an appropriate manner the consumer.
Type 246b information obligations in contracts negotiated away from business premises and distance contracts for financial services section 1 is according to § 312d, paragraph 2 of the civil code, clear to the consumer in good time prior to release from its contract obligations (1) the contractor and understandable, and stating the purpose of the business, for distance contracts in a means of communication used the customized way, to make the following information available: 1. his identity , is to specify the public business register, in which the legal entity is registered, and the corresponding registration number, or equivalent means of identification,
2. the identity of the representative of the operator in the Member State in which the consumer is domiciled if there is one such representative, or the identity of another industrial make the main activities of the entrepreneur and the supervisory authority for his approval, 3rd person other than the provider, if the consumer with this person to do business, and the property, where that person towards the consumer is active , 4. address of the trader and any other address, which make industrial for the business relationship between this, his representative or any other person referred to in point 3 and the consumer is crucial for legal persons, associations of persons or groups of persons also the names of the authorized representatives, 5. the main characteristics of the financial service, as well as information on how the contract is concluded, 6 the total price of the financial service including all pricing components associated, as well as all taxes paid via the contractor or , if an exact price can be specified, its calculation basis which allow a review of the price to the consumer, if necessary, additional costs and, where appropriate, the notice relates the financial services on financial instruments, due to their specific features or the performed operations with special risks tainted a note on possible additional taxes or costs that do not have the contractor are discharged or made by him in court, 8 are 7 or whose price is subject to fluctuations in the financial market , on which the operator has no influence, and that in the past earned income no indicator of future revenues are, 9 a fixed term of validity to the provided information, such as the validity period of limited offers, in particular in terms of price, 10 details with respect to the payment and has any specific additional costs to be borne by the consumer for the use of means of distance communication meeting, 11 , if such additional cost through the contractor invoiced, 12 of the person who compared is the existence or non-existence of a right of withdrawal, as well as the conditions, detailed arrangements for the exercise, especially name and address the revocation to explain, and has the legal consequences of revocation, including details of the amount to pay the consumer in the event of cancellation after article 357a of the civil code for the service , 13 the minimum term of the contract, if it has a permanent or recurring performance to content, 14 the contractual termination conditions including any contractual penalties, 15 Member States of the European Union, whose Recht entrepreneurs of establishing relations with the consumer prior to conclusion of the contract basis sets, 16 a contractual clause on the law applicable to the contract or through the competent court, 17 the languages , which communicated the terms and conditions, and the prior information referred to in that provision, and the languages in which the Contractor undertakes to do the communication with the consumer's consent during the term of this agreement, 18 if necessary, that the consumer can use an out-of-court complaint and redress procedures, which the contractor is subject to, and whose admission requirements and 19 the existence of guarantee funds or other compensation arrangements , the not covered by Directive 94/19/EC of the European Parliament and of the Council of 30 May 1994 on deposit-guarantee schemes (OJ L 135 of the 31.5.1994, p. 5) under Directive 97/9/EC of the European Parliament and of the Council of 3 March 1997 on (OJ investor-compensation schemes L 84 of the 26.3.1997, p. 22) fall.
(2) in the case of telephone calls has to provide only the following information of entrepreneurs: 1 the contact person of the consumer's identity and their connection to the company, 2. the description of the main characteristics of the financial services, 3. the total price the consumer to the contractor for the financial services, including all about the contractor taxes accruing from, or, if an exact price cannot be given, the basis for the calculation of the price , which allows the consumer a review of the price 4. possible further the existence or non-existence of a right of withdrawal taxes and costs, which dissipated or billed by him does not have the entrepreneur 5. as well as in the event that a right of withdrawal is also the withdrawal period and the conditions, detailed arrangements for the exercise and the legal consequences of revocation, including details of the amount , the consumer in the event of the withdrawal has to pay according to article 357a of the civil code for the service.
Sentence 1 shall apply only if the contractor has informed the consumer that can be delivered on request more information and this information is kind, and the consumer has expressly waived further information prior to issuing his contractual Declaration.

Section 2 further information requirements (1) the contractor has to inform the consumer the following information on a durable medium in a timely manner prior to placing of the contract: 1 the provisions of the Treaty including the general terms and conditions, and 2. the information referred to in article 1(1).
The operator has the Treaty at the request of the consumer by telephone or using of other means of distance communication that is closed does not allow communication on a durable medium before conclusion of the contract, by way of derogation from sentence 1 immediately after conclusion of the distance contract to transmit information to the consumer.
(2) the consumer may require at any time during the term of the contract by the contractor, that this makes him the contract conditions, including the terms and conditions in the form of paper available.
(3) for the performance of his duty referred to in paragraph 1 sentence 1 number 2 in conjunction with § 1, clause 1 number 12 on the existence of a right of withdrawal can the entrepreneur the consumer the submit filled in text form in the Appendix 3 proposed pattern for the cancellation policy for financial services contracts applicable.
Type 246c information requirements for contracts in electronic commerce in the e-commerce contracts must entrepreneur 1 individual technical steps, which lead, 2 about whether the text of the Treaty after the conclusion of the contract by the contractor is stored to a conclusion of the contract and whether it is accessible to the customer, 3. Furthermore inform the customer, like he use the § 312i, paragraph 1, sentence 1, code made available technical means input failures before the contract declaration recognize number 1 of the civil and correct May 4th languages for the conclusion of the contract available and 5 all relevant codes of conduct, which submits to the entrepreneur, as well as the possibility of electronic access to these rules and regulations.
Art 247 information requirements for consumer loan agreements, onerous financial aid and loan brokerage contracts § 1 form and timing of the pre-contractual information the information to section 491a para 1 of the civil code must in time prior to the completion of consumer loan agreements in writing and contain the details resulting from the articles 3 to 5 and 8 to 13.

§ 2 pattern (1) the information has to be done, if not a contract pursuant to § 495 paragraph 2 number 1, Section 503, or section 504, paragraph 2, of the civil code should be completed using the European standard information for consumer credit in accordance with the specimen in annex 4.
(2) to a contract number 1 or section 504, paragraph 2, of the civil code designated type of section 495 paragraph 2 be completed, the lender can use to inform the European consumer credit information in accordance with the specimen in annex 5. Contracts in accordance with § 503 of the civil code, the lender can the European standardised information sheet in accordance with the specimen in plant 6verwenden. The lender does not use the pattern he has at the briefing similar to make all the articles 3 to 5 and 8 to 13 necessary information and to highlight.
(3) the obligation to inform is to section 491a para 1 of BGB (Bürgerliches Gesetzbuch) (civil law satisfied when the lender the borrower has submitted the duly completed pattern in text form. At the same time, the loan contract is a distance contract or a contract concluded away from business premises, the requirements of § 312d paragraph 2 of the civil code be deemed with the delivery of the corresponding pattern. The obligations referred to in this paragraph shall apply until 31 December 2010 in transmission of the pattern in attachments 4 and 5 as amended by the Act implementing the consumer credit directive, the civil part of the payment services directive and the reform of the rules on the right of withdrawal and right to return from 29 July 2009 (Federal Law Gazette I p. 2355) met.
Section 3 contents of the pre-contractual information (1) that information prior to conclusion of the contract must contain following information: 1 the name and address of the lender, 2. the type of loan, 3. the APR, 4. the net loan amount, 5. the nominal interest rate, 6 the contract period, 7 amount, number and due date of each installment payments, 8 the total, 9 the payment conditions, 10 all other costs, in particular in connection with the disbursement or use a payment authentication instrument , with which both payment transactions and withdrawals can be made, as well as the conditions under which the costs can be adapted, the default interest rate and the way its possible adjustment, as well as any charges payable for default, 12 a 11 warning on the consequences of lack of payment, 13 the existence or absence of a cons call right, the right of the borrower, the loan ahead of time to repay 14, 15 resulting from § 491a para 2 of BGB (Bürgerliches Gesetzbuch) (civil law rights , 16 the rights arising from § 29 par. 7 of the Federal Data Protection Act.
(2) total is the sum of the net amount of the loan and the total cost. NET loan amount is the maximum amount to the borrower under the loan agreement entitled. The total cost and the annual percentage rate shall be calculated pursuant to § 6 of the price indication Ordinance.
(3) the total amount and the effective annual rate of interest is to explain on the basis of a representative sample. Here are all in the calculation of the annual percentage rate to indicate inflowing assumptions and to consider the wishes of individual terms mentioned by the borrower. The lender has to point out that the effective annual percentage rate may be increased if the consumer loan agreement envisages several withdrawal options with different cost or nominal interest rates and the calculation of the annual percentage rate based on the presumption that the payment option standard for the type of loan will agreed.
(4) the information on the borrowing rate must contain the conditions and the period of its application and the way its adaptation. The borrowing rate by an index or reference rate is dependent on, these shall be indicated. The consumer loan agreement envisages several nominal interest rates, figures for all borrowing rates are to give. 3 partial payments are intended, in the case of the theorem is to specify in what order the outstanding claims of the lender, apply different borrowing rates are repaid by the partial payments.

§ 4 for more details at the pre-contractual information (1) that disclosure must following information included insofar as they are relevant for the relevant conclusion of the contract: 1. a note that the borrower as a result of the conclusion of the contract of notary costs has to carry, 2. collateral that the lender requires 3. entitlement to compensation and its calculation method, as far as the lender this claim power if the borrower in advance pays back the loan , 4. If necessary, the period for which binds the lender of the transmitted information.
(2) for more information of the lender must be physically separated from the information referred to in paragraph 1 and granted to the articles 3 and 8 to 13.

§ 5 information at special communications selects the borrower for the contract is a means of communication, which provided form do not permit in the preceding information in sections 1 and 2, pursuant to section 1 without delay to catch up on the full briefing. For telephone conversations the description of the main characteristics shall contain no. 3 to 9, par. 3 and 4 at least the information pursuant to article 246 b of article 1 paragraph 1 No. 5 pursuant to § 3 para 1.

§ 6 the consumer loan agreement must be contract (1) clear, and understand the following information: 1 in section 3 para 1 No. 1 to 14 and paragraph 4 information, 2. the name and address of the borrower, 3. the supervisory authority responsible for the lender, 4. a note on the claim of the borrower on a repayment plan after § 492 para 3 sentence 2 of the German civil code , 5. the procedure to be respected at the termination of the contract, 6 all other contractual terms and conditions.
(2) there is a right of withdrawal according to article 495 of the civil code, must in the contract information about the period and other circumstances for the Declaration of withdrawal, as well as an indication of the commitment of the borrower be included, to pay back a loan already paid and to pay interest. The amount of interest payable per day shall be indicated. The consumer loan agreement contains a clause in highlighted and clearly designed form, which corresponds to the model in annex 7, this meets the requirements of the sentences 1 and 2. This applies until the end of the 4th November 2011 with appropriate use of this pattern in the version of the law establishing a pattern revocation information for consumer loan agreements, amending the provisions on the right of withdrawal for consumer loan agreements and amending of loan mediation law of July 24, 2010 (BGBl. I p. 977). The lender may each differ in accordance with from sentence 3 in format and font size of the pattern.
(3) the indication of the total amount and the annual percentage rate shall be that are known at the time of the conclusion of the Treaty and included in the calculation of the annual percentage rate, stating the assumptions.

Section 7 other information in the contract the consumer loan agreement must clearly and understand the following information contain, as far as they are relevant for the contract: 1. a note that the notary costs the borrower has to pay, 2. that in particular a required securities and insurance companies, in the case of paid funding by the lender retention, 3. the method of calculation of the entitlement to compensation, as far as the lender intends to assert this claim , if the borrower repays the loan prematurely, 4. the access of the borrower to an out-of-court complaints and redress procedures and, where appropriate, the conditions for such access.

§ 8 contracts with additional services (1) requires the lender to complete a consumer loan agreement, accept additional services of the lender if the borrower or completes another contract, in particular an insurance contract or account management agreement, has the lender along with the pre-contractual information to indicate this. In the pre-contractual information and the contract are account management fees, as well as the conditions under which they can be adapted to specify.
(2) serve not the immediate loan repayment by the borrower payments, are the periods and conditions for the payment of the borrowing interest and of the recurrent and non-recurrent costs in the consumer loan agreement to set up. The borrower with the completion of consumer loan agreements to the wealth creation, committed, must be drawn from the pre-contractual information and from the consumer loan agreement clear and understandable that the payment obligations due during the term of the contract nor the claims that the borrower of the assets acquired, guarantee the repayment of the loan, unless this is agreed contractually.

§ 9 different disclosure requirements for Immobiliardarlehensverträgen according to § 503 of the civil code (1) contracts in accordance with § 503 of the civil code are in the precontractual information and in the consumer loan agreement by way of derogation of articles 3 to 8, 12 and 13 the information according to § 3 para 1 No. 1 to 7, 10 and 13, as well as mandatory pursuant to § 3 para 4 and according to § 8. The pre-contractual information must contain a clearly designed indication, the lender may assign claims arising from the loan agreement without the consent of the borrower, and transfer the contract to a third party, as far as not the cession in the Treaty is excluded or the borrower of the transfer must agree to. The contract must include also the information on the right of withdrawal according to § 6 section 2.
(2) the number of the partial payment is not to give, if the term of the loan agreement depends on the date of allocation of a via ownership savings contract.

§ 10 different disclosure requirements for overdraft facilities referred to in section 504, paragraph 2, of the civil code (1) for overdraft facilities within the meaning of section 504 paragraph 2 of the civil code are only specify by way of derogation from articles 3, 4 and 6: 1 in the pre-contractual information a) according to article 3 paragraph 1 number 1 to 6, 10, 11 and 16, paragraph 3 and 4 and, if necessary, according to article 4, paragraph 1 No. 4 , b) the conditions to the completion of the loan contract and c) indicating that the borrower at any time can be prompted to repay of the entire loan amount if a corresponding right of termination for the lender to be agreed
2 in the Treaty a) according § 6 para 1 No. 1 in conjunction with § 3 paragraph 1 No. 1 to 6, 9 and 10, para. 4, b) the information according to § 6 para 1 Nos. 2 and 5, c) the total cost as well as d)
where appropriate, the notice referred to under 1 letter c. (2) in the cases of § 5 must the description of the main characteristics referred to in article 246b of article 1 paragraph 1 No. 5 at least the information according to § 3 paragraph 1 number 3 to 5, 10, 3 and 4 and paragraph 1 letter c no. 1.
(3) the indication of the APR is not necessary, if the lender except the interest required no further costs and the interest are not due in shorter periods than three months.

§ 11 different reporting obligations in debt restructurings in accordance with § 495 paragraph 2 No. 1 of the civil code (1) in debt restructurings in accordance with § 495 paragraph 2 are number 1 of the civil code by way of derogation from the articles 3, 4 and 6 only to specify: 1 in the pre-contractual information a) the information according to § 3 para 1 No. 1 to 7, 10, 11, 14 and 16, par. 3 and 4 , b) the information according to § 4 section 1 No. 3, c) the information according to § 10 para 1 No. 1 letter b and d), where appropriate, the information pursuant to § 4 para 1 No. 4;
2 in the Treaty a) the information according to § 6 para 1 No. 1 in conjunction with § 3 paragraph 1 No. 1 to 9, 11 and 14, par. 3 and 4, and b) the information according to § 6 para 1 No. 2 to 4 and 6 (2) in the cases of § 5 must have the description of the main characteristics referred to in article 246 b of article 1 paragraph 1 No. 5 at least the information according to § 3 para 1 No. 3 to 6 , contain 10 and para. 3 and 4.
(3) If a consumer loan agreement pursuant to article 495 paragraph 2 completed no. 1 of the civil code as overdraft facility within the meaning of section 504 paragraph 2 sentence 1 of the civil code, article 10 shall apply. Paragraphs 1 and 2 shall not apply.

§ 12 related contracts and non-gratuitous financial aid (1) articles 1 to 11 shall apply mutatis mutandis to the contracts referred to in article 506, paragraph 1, of the civil code for non-gratuitous financial aid. In these contracts or consumer loan agreements, which are connected with any other contract pursuant to § 358 of BGB (Bürgerliches Gesetzbuch) (civil law or in which a goods or service according to section 360 paragraph 2 sentence 2 of the German civil code is specified, must contain: 1 the pre-contractual information, even in the cases of § 5, the subject-matter and the cash price, 2. the contract a) the subject matter and the cash price, and b) information concerning the rights resulting from the paragraphs 358 and 359 or section 360 of the civil code and the conditions for the exercise of these rights.
The consumer loan agreement contains a clause in highlighted and clearly designed form, which corresponds to the model in annex 7, does related contracts and transactions in accordance with section 360 paragraph 2 sentence 2 of the German civil code the in set 2, paragraph 2 letter of b requirements. This applies until the end of the 4th November 2011 with appropriate use of this pattern in the version of the law establishing a pattern revocation information for consumer loan agreements, amending the provisions on the right of withdrawal for consumer loan agreements and amending of loan mediation law of July 24, 2010 (BGBl. I p. 977). Contracts paid financial support these legal consequences occur only when the information adapted to the contract type present in an individual case. The lender shall deviate from the pattern in accordance with sentence 3 in format and font size.
(2) in the case of contracts referred to in section 506 para 2 No. 3 of the German civil code are the information pursuant to § 3 para 1 No. 14, § 4 ABS. 1 Nr. 3 and § 7 number 3 expendable. Article 14, paragraph 1, sentence 2 shall not apply. The entrepreneurs acquired the subject matter for the consumer, the purchase price takes the place of the cash price.

§ 13 loan broker (1) a loan broker is involved in the initiation or completion of consumer loan agreement or a Treaty on the non-gratuitous financial support, so the specified is no. 1 and the content of the contract pursuant to § 3 para 1 according to § 6 para 1 to complete the name and address of the intermediary of loan involved.
(2) if the loan contract in the sense of § 655a of the civil code is completed with a consumer, so the loan broker has to time consumers prior to the conclusion of the loan agency agreement on a durable medium teach about 1 the height of one of the consumer demanded compensation, 2. the fact whether he receives a fee for the mediation by a third party, as well as, where appropriate, its height, 3. the extent of its powers , in particular, whether he is exclusively for one or more specific lender or independent working, and more if necessary, 4 of the consumer ancillary charges, as well as the amount demanded, as far as this is known at the time of the briefing, otherwise a maximum amount.
The loan contract in the sense of § 655a of BGB (Bürgerliches Gesetzbuch) (civil law is only completed with a third party, so the loan broker has the consumer in good time ago a mediated agreement within the meaning of paragraph 1 to teach sentence 1 number 2 and 3 a durable medium about the details in accordance with.
(3) the loan broker has the amount of compensation requested by him prior to the adoption of the job to tell the lender. Loan brokers and lenders have to ensure that the other party receives a copy of the contract within the meaning of paragraph 1.
(4) advertises the loan broker to a consumer for the conclusion of a consumer loan agreement or a Treaty on the non-gratuitous financial support, so he has the information referred to in paragraph 2 sentence 1 No. 3 to include.

§ 14 repayment plan (1) requires the borrower according to § 492 para 3 sentence 2 of the civil code a repayment plan, must this emerge from, what payments at what time intervals are and what conditions apply to these payments. This is to break down how much the partial payments on the loan, the interest calculated in accordance with the borrowing rate and other costs are applied.
(2) the nominal interest rate is not bound or can be adapted for other costs, is in the repayment plan in clear and understandable form to specify that the data of the eradication plan shall apply only until the next adjustment of the borrowing rate or the other costs.
(3) the repayment plan is to provide the borrower on a durable medium. The claim does not expire as long as the contractual relationship.

§ 15 briefings at interest rate adjustments (1) an interest rate adjustment in a consumer loan agreement or a contract for a non-gratuitous financial assistance is only activated after the lender the borrower about 1 the adjusted borrowing rate, 2 the adjusted height of partial payments, and 3. the number and the due date of installment payments, provided that this change has taught.
(2) the adjustment of the nominal interest rate goes back to the change in a reference rate, the parties can agree a deviating from paragraph 1 point for the effectiveness of interest rate adjustment. In these cases, the contract must include a duty of the lender to inform the borrower pursuant to paragraph 1 on a regular basis. Also, the borrower must be visible up the height of the reference interest rate at the premises of the lender's.

Article 16 notification of overdraft facilities that briefing must according to section 504, paragraph 1, sentence 1 of the civil code contain following information: 1 the exact period to which it relates, 2. date and amount to the borrower paid out amounts, 3. balance and date of previous information, 4 the new balance, 5 date, and amount of repayments of the borrower, 6 the borrowing rate applied , 7. the collected cost and 8 the minimum, if necessary, to be paid back.

§ 17 contain information tolerated and overdrafts (1) that inform para 1 of the civil code must under section 505 the following information: 1. the borrowing rate, the conditions for its application and, if applicable, index or reference rate, the borrowing rate refers to, 2. the costs all costs incurred from the time of the overdraft, and the conditions under which adjusted can be.
(2) the information must contain the following information according to section 505, para 2, of the civil code: 1 the existence of an overdraft, 2. the amount of the overdraft, 3. the borrowing rate and 4. any contractual penalties, costs and interest.
248 information obligations in the provision of payment services section 1 General rules article 1 is competing obligations payment service contract at the same time a distance contract or a contract concluded away from business premises, so be replaced 246 b article 1(1) in the duties of information according to the paragraphs 2 to 16 article information requirements according to. This does not apply 12 information requirements referred to for distance contracts which in article 246 b of article 1 paragraph 1 number 7 to 12, 15 and 19 and on contracts negotiated away from business premises not for the article 246 (b) article 1, paragraph 1 Reference.

Section 2 General form
The information and terms and conditions are in an official language of the Member State of the European Union or of the Contracting State of the agreement on the European economic area, in which the payment service is offered or in any other between the parties agreed language clear and understandable to be worded.
Section 2 payment services framework contracts § 3 special form for payment services framework contracts (§ 675f ABS. 2 of BGB (Bürgerliches Gesetzbuch) (civil law) the payment service provider has the payment service user in the sections 4 through 9 to communicate information and terms and conditions on a durable medium.

§ 4 pre-contractual information (1) the following precontractual information and contractual terms and conditions must be communicated in a timely manner before the contract Declaration of the payment service user: 1 to the payment service provider a) name, address of its head office and, where appropriate, its agents or its branch office in the Member State where the payment service is offered, as well as all other addresses including E-Mail address, are for communication with the payment service provider of concern , and b) the supervisory authorities responsible for the payment service provider and the register at the Federal Institute for financial services supervision or any other relevant public register in which the payment service provider as approved is registered, as well as his registration number or an equivalent means of identification in that register, 2. to use the payment service a) a description of the main characteristics of the deliverables payment service, b) information or customer IDs , which are required for the proper execution of a payment order, c) the manner of consent to execute a payment transaction and of the revocation of a payment order in accordance with the sections 675j and 675p of the civil code, d) the time at which a payment order pursuant to § 675n para 1 of the civil code is considered to be received, and if necessary the date determined by the payment service provider in accordance with section 675n para 1 sentence 3 , e) the maximum execution time for the payment services to be provided and f) indicating whether there is the possibility to settle para 1 of the civil code amount limit for the use of a payment authentication instrument according to § 675 k, 3. charges, interest and exchange rates a) all fees, which the payment service user to the to be paid by payment service providers, and, where appropriate, their breakdown, b) if necessary, the underlying interest rates and exchange rates or , in the application of reference interest rates and exchange rates, the method for calculating the actual interest rates as well as the relevant date and index or the basis for determining the reference interest rate or exchange rate, and c) as far as the immediate effect are changes of the reference interest or exchange rate in accordance with § agreed, 675 g paragraph 3 of the civil code, 4. to communicate a) the means of communication, unless they are agreed between the parties for the transmission of information and reporting obligations , including their requirements for the technical equipment of the payment service user, b) information to do so, how and how often that are referred to in this article to share required information, or make available to, c) the language or languages, in or where the contract is to close and where or where the communications for the duration of the contractual relationship should be, and d) a reference to the right of the payment service user in accordance with § 5 , Information and terms and conditions in a certificate to get 5 for the protective and corrective measures a) where appropriate, a description of how the payment service user sure kept a payment authentication instrument, and how he fulfilled his obligation to the payment service provider in accordance with § 675 l sentence 2 of the German civil code, b) unless agreed the conditions under which the payment service provider reserves the right to block a payment authentication tool according to § 675 k para 2 of BGB (Bürgerliches Gesetzbuch) (civil law, , c) information about the liability of the payer in accordance with § 675v of the civil code, including information to the maximum, d) stated how and within what period of time the payment service provider of the payment service user is unauthorized or incorrectly executed payment transactions in accordance with § 676 must show b of the civil code, as well as information on the liability of the payment service provider for unauthorised payment transactions in accordance with section 675u of the civil code, e) information on the liability of the payment service provider for the execution of payment transactions in accordance with section 675y of the civil code and f) the conditions for refund in accordance with § 675 x of the civil code, 6 to changes in conditions and termination of the payment service framework contract a) as far as indicating that the approval of the payment service user to a change in the conditions laid down in § 675 g of the civil code considered granted, when he has shown its rejection not prior to the date the payment service provider, agreed to the amended terms come into force should b) the contract term and c) a reference to the right of the payment service user , the contract to terminate, as well as on other relevant termination agreements pursuant to § 675 g para. 2 and art. 675 h of the civil code, 7 the contractual clauses on the law applicable to the payment service contract or through the competent court and 8 a note on the appeal pursuant to section 28 of the payment service supervision Act, as well as on the out-of-court redress procedures according to § 14 of the injunctions Act.
(2) if the payment service contract by using a means of distance communication is closed at the request of the payment service user, that the payment service provider does not allow the communication of the information specified in paragraph 1 and contractual terms and conditions on a durable medium, the payment service provider has immediately after conclusion of the contract in the form provided for in paragraphs 2 and 3 to inform the payment service user.
(3) the obligations referred to in paragraph 1 can also be met by a copy of the draft of Treaty, which contains the necessary information and terms and conditions referred to in paragraph 1.

Access to contract terms and pre-contractual information during contract during the contract term can the payment service user at any time require the delivery of the contractual terms and conditions and the information referred to in article 4 on paper or on another durable medium § 5.

§ 6 information before execution of individual payment transactions before execution of an individual from the payer of triggered payment process divides the payment service provider at the request of the payer with the maximum execution time for this payment and the fees to be charged and, if necessary, their breakdown.

§ 7 information on the payer on individual payment transactions for debiting the account of the payer with the payment amount for a single payment transaction or, if the payer uses a payment account, shares after receipt of the payment order of the payment service provider of the payer that immediately with the following information: 1 a the payment transaction associated identifier that allows the identification of the relevant payment transaction, the payer and, where appropriate, information to the recipient , 2. the amount of the payment in the currency in which the payer's payment account will be charged, or in the currency used in the payment order is 3. initiated by the payer to be paid, where appropriate, the amount of charges payable to the payment process and its breakdown, or the interest rates, 4. where appropriate, the conversion rate, the payment service provider of the payer has taken the payment, and the amount that is the subject of the payment transaction after that currency conversion, and 5 the value date of the load or the date of the access of the payment order.

§ 8 shares information to the payee on individual payment transactions after execution of an individual payment transaction the payment service provider of the payee that immediately with the following information: 1 sent an identifier associated with the payment process that allows the identification of the relevant payment transaction and, where appropriate, the payer payment recipients, as well as other information with the payment process, 2. the amount of the payment in the currency in which this amount to the payee's payment account is credited , 3. where appropriate, the amount for the payment transaction by the payee payable payable charges and whose breakdown or the interest, 4. where appropriate, the conversion rate that the payee has taken the payment, and the amount that was the subject of the payment transaction before that currency conversion, and 5. the credit value date.

§ 9 additional information during the contractual relationship during the contractual relationship is the payment service provider obligated to immediately inform the payment service user, if circumstances which pursuant to § 4 para 1 No. 1 was reported, change 1 or 2.
to the detriment of payment service users, changes in interest rates have become effective.

Agreements for in paragraphs 7, 8 and 9 payment service providers and payment service users can no. 2 information agree a different frequency and a form deviating from § 3 or a different procedure § 10. The information referred to in paragraphs 7 and 8, the payment service provider has to inform the payment service user may still retain the information and play but at least once per month as.

§ 11 exceptions for small instruments of amount of and electronic money (1) for payment services contracts on the shares granting a small amount instrument (section 675i para 1 of the Civil Code) the payment service provider, the payment service user by way of derogation from paragraph 4 and 6 only with the following information: 1 the main characteristics of the payment service, including the possibilities of use of the small instruments of of amount of, 2. Disclaimer, 3. the accumulated fees and 4 others for the payment service user essential contract information.
In addition, the payment service provider specifies where the other pursuant to section 4 are provided required information and terms and conditions in an easily accessible form.
(2) in the case of contracts referred to in paragraph 1, the Contracting Parties by way of derogation from paragraphs 7 and 8 may agree that the payment service provider, the payment service user after execution of a payment transaction 1 is just a must share with associated ID the payment process or make available, which allows to identify the relevant payment process, its amount, as well as the collected fees, and in the case of several similar transactions to the same payee information , which contains the total amount and the collected fees for these transactions, 2. must not communicate the information referred to in paragraph 1 or make available, if the use of the small instrument of of amount of can be associated with any payment service user, or if the payment service provider in other ways is technically not in a position to share this information; in this case, the payment service provider has to offer the payment service user, to check the stored amounts.
Section 3 single payment contracts § 12 special form in a single payment contract that is not subject to a payment service framework contract, the payment service provider has to provide the payment service user the information referred to in article 13 and contractual terms and conditions in an easily accessible form. At the request of the payment service user the payment service provider makes the information and terms and conditions on paper or on another durable medium available.

§ 13 pre-contractual information (1) are in time before the contract Declaration of the payment service user to make available the following precontractual information and contractual terms and conditions: 1. the information to be communicated by the payment service user or customer IDs that are required for the proper execution of a payment order, 2. the maximum execution time for the to be rendered payment service, 3. all fees to be paid by the payment service user to the payment service provider has, and, where appropriate, their breakdown , 4. If necessary, the legend the payment process actual exchange rate or reference exchange rate.
The information referred to in article 4, paragraph 1 are, as far as they are relevant for single payment contracts, also to provide the payment service user.
(2) If is closed at the request of the payment service user the single payment contract using a means of distance communication which does not allow the information informing the payment referred to in paragraph 1, the payment service provider has immediately after execution of the payment transaction in the form to inform the payment service user, which is provided for in paragraphs 2 and 12.
(3) the obligations referred to in paragraph 1 can also be met by a copy of the draft of Treaty, which contains the necessary information and terms and conditions referred to in paragraph 1.

§ 14 information to the payer after receipt of the payment order after receipt of the payment order shall inform the payment service provider of the payer it immediately about 1 the ID associated with the payment process that allows the identification of the relevant payment transaction, the payer and, where appropriate, information to the payee, 2. the payment amount in the payment on behalf used currency, 3. the level of charges to be paid by the payer for the payment transaction and, where appropriate, their breakdown , 4. where appropriate, the conversion rate, the payment service provider of the payer has taken the payment process, or a reference point, provided that this course of in article 13, paragraph 1 is course referred to in no. 4, and the amount, which is the subject of the payment transaction after that currency conversion, and 5. the date of access of the payment order.

§ 15 information to the payee after execution of the payment transaction after execution of the payment transaction shall inform the payment service provider of the payee this immediately about 1 the ID associated with the payment process that allows the identification of the relevant payment transaction and, where appropriate, the payer payment recipients, as well as other payment operation sent information, 2. the amount of the payment in the currency in which it is the payee available , 3 the amount of the fees payable by the payee to the payment process and, where appropriate, their breakdown, 4. where appropriate, the conversion rate that the payee has taken the payment, and the amount that was the subject of the payment transaction before that currency conversion, and 5. the credit value date.

Section 16 a payment order for a single payment on a frame-contracted regular payment authentication instrument is submitted information on individual payments by means of framework contract regulated payment authentication instrument, so only the payment service provider, which is party to the payment service framework treaty, obliged to inform the payment service user in accordance with section 2.
Section 4 obligations of creditors and third section 17 information obligations of the beneficiary (1) to payments by means of a payment authentication instrument in a currency other than euro shall be made and a currency conversion is offered prior to the initiation of the payment transaction by the payee, the payee must disclose charges all related to the payer as well as the currency underlying Exchange rate.
(2) the payee for the use of a certain payment authentication instrument requires a fee or he offers a discount, so he shall inform the payer prior to initiation of the payment transaction.

Article 18 information requirements third party requires a third party over which a payment service user can trigger a payment transaction, from this for the use of a certain payment authentication instrument a fee, so he shall inform the payment service user prior to the initiation of the payment transaction.

Article 19 agreements is located at the payment service user is a consumer, not as the parties may agree, that the §§ 17 and 18 are wholly or partially not applicable.

Annex 1 (article 246a § 1 paragraph 2 sentence 2) pattern for the cancellation policy for outside business premises and for distance contracts except contracts for financial services (site: Federal Law Gazette I 2013, S. 3663-3664) revocation of withdrawal have the right to cancel this contract within 14 days without giving reasons.
The revocation period is fourteen days from the day.
To exercise your right of cancellation, you must us () by means of a unique statement (such as a letter sent by mail, fax or E-Mail) of your decision to revoke this agreement, inform. You can use the attached model withdrawal form, which is however not required.
The revocation period it is sufficient that you submit the notice of the right of withdrawal before the withdrawal deadline.
Consequences of cancellation if you cancel this contract, we have you all payments that we have received from you including the delivery charges (except for the additional costs arising from this that you have chosen a different type of delivery as offered by us, best standard delivery), without delay and at the latest within fourteen days from the day to pay back, on which the communication is received your revocation of this agreement with us. We use the same means of payment you have used in the original transaction for this repayment, unless something else has been expressly agreed with you; in any case you be charged fees because of this repayment. 
Design Notes: 1 insert one of the following text using quotation marks a: a)
in the case of a service contract or a contract for the supply of water, gas or electricity, if they are offered in a limited volume or a certain amount for sale, district heating, or digital content that are not supplied on a physical disk: "the conclusion of the contract.";
(b) in the case of a purchase contract: ", where you or a third party nominated by you, which is not the carrier, have taken the goods in possession respectively.";
(c) in the case of a contract for several goods, has ordered a single order to the consumer in the framework, which are supplied separately: ", where you or a third party nominated by you, which is not the carrier, have taken the last goods in possession respectively.";
(d) in the case of a contract for the supply of goods in several partial shipments or pieces: ", where you or a third party nominated by you, which is not the carrier, have been the last broadcast of part of or the last piece of owned respectively.";
(e) in the case of a contract for the regular supply of goods over a set period of time: ", where you or a third party nominated by you, which is not the carrier, have taken the first goods in possession or has."
Add your name, address and, if available, your phone number, fax number, and E-Mail address.
The choice, you grant the consumer information about its cancellation of the contract on your website to be completed electronically and to submit, add: "the model withdrawal form or an other clear explanation on our Web site [Internet address insert] electronically complete and submit." Make use of this possibility, so we will send you a confirmation of the receipt of such revocation immediately (E.g. via E-Mail)."
In the case of contracts of sale, where you don't have offered to collect the goods even in the case of withdrawal, adding: "We may refuse refund until we have received back the goods again or until you have demonstrated that you have returned the goods, depending on which is the earlier date."
If the consumer goods in connection with the Treaty has received: a) insert:-"We collect the goods." or - "you have immediately and in any case no later than fourteen days from the day on which, inform us of the cancellation of this agreement, the goods... us or [here, where appropriate, the name and address of the person authorised to receive of the goods you are to insert] returned or passed." (The deadline is if you send the goods before the expiration of the period of fourteen days. maintained"b) Paste:-'We bear the costs of returning the goods.';
-'You bear the direct cost of returning the goods.';
-If you do not offer at a distance contract, to bear the costs of returning the goods, and goods may not normally be returned due to their nature with the post: "bear the direct cost of returning the goods in the amount of..." EUR [insert amount]. ", or, if the cost can be calculated reasonably in advance:"you bear the direct cost of returning the goods. " The cost will be on at most about... ("EUR [insert amount] estimated." or, if the goods when a contract concluded away from business premises due to their nature not normally may be returned by mail and have been delivered at the time of the conclusion of the contract to the dwelling of the consumer: "We collect the goods at our expense." and c) insert: "you need to for a possible loss in value of the goods only come up ", if this loss in value on one to test the texture, due to unnecessary handling properties and functioning of the goods."
In the case of a contract for the provision of services or the supply of water, gas or electricity, if they are offered in a limited volume or a certain amount to the sale, or by district heating, adding: "you have requested, that the services or delivery of water / gas / electricity / heating [Delete where delete] should begin during the cooling-off period, so you have to pay us a decent amount" ", the portion up to the date on which you inform us from exercising the right of withdrawal with respect to this agreement, services already provided in comparison with the total volume of services provided for in the contract corresponds to."

Annex 2 (article 246a § 1 paragraph 2 sentence 1 number 1 and § 2 paragraph 2 number 2) pattern for the withdrawal form (reference: BGBl. I 2013, S. 3665) model withdrawal form (if you want to cancel the contract, then please fill out this form and send it back.) - to [here is the name to insert the address and, where appropriate, the fax number and E-Mail address of the operator by the entrepreneur] : - Hereby I/we withdraw (*) from my/our (*) contract for the sale of the following goods (*) / the provision of the following services (*) - ordered most (*) / get most (*)-name of / the consumer (s) - address of / the consumer (s) - signature of / the consumer (s) (only for communication on paper) - date (*) delete as applicable.

Annex 3 (article 246b § 2 paragraph 3) pattern for the revocation of contracts negotiated away from business premises and distance contracts for financial services (site: BGBl. I, 2013, S. 3666-3667) revocation of withdrawal you may withdraw your contractual statement within 14 days without giving reasons by means of a unique statement. The time limit begins after receipt of this notification on a durable medium. To safeguard the withdrawal period, the timely dispatch of the revocation is sufficient if the Declaration is made on a durable medium (E.g. letter, fax, E-Mail). The withdrawal must be addressed to: consequences of withdrawal In case of an effective revocation the mutually received services are to be returned.  You are obliged to pay value replacement for the services rendered up to the withdrawal, if you have been advised of this legal consequence before submitting your contractual Declaration and explicit consent, that we start before the end of the withdrawal period with the execution of the consideration. An obligation to pay compensation, this can cause that you must still meet the contractual payment obligations for the period up to the withdrawal. Your right of withdrawal expires prematurely if the contract by both parties at your explicit request is complete before you have exercised your right of revocation. Obligations for refunding of payments must be fulfilled within 30 days. The time limit begins for you with the dispatch of the revocation, for us with its receipt.
Special notes (place), (date) (signature of the consumer) design notes: at one of the following special cases to include is the following: a) in the provision of financial services other than payment service: ", but not before conclusion of the contract and also not before fulfilment of our obligations in accordance with article 246 b of § 2 para 1 in conjunction with article 246 b of § 1, clause 1 EGBGB";
b) aa in the case of conclusion of contracts for the provision of payment services at a distance:) for payment services framework contracts: ", but not before conclusion of the contract and also not before fulfilment of our obligations in accordance with article 246 b of § 2 para 1 in conjunction with § 1 paragraph 1 number 7 to 12, 15 and 19 and article 248 article 4 paragraph 1 EGBGB";
BB) small instruments of amount of referred to 675i paragraph 1 BGB: ", but not before conclusion of the contract and also not before fulfilment of our obligations in accordance with article 246 b of § 2 para 1 in conjunction with § 1 paragraph 1 number 7 to 12, 15 and 19 and article 248 article 11 paragraph 1 EGBGB";
CC) for single payment contracts: ", but not before conclusion of the contract and also not before fulfilment of our obligations in accordance with article 246 b of § 2 para 1 in conjunction with § 1 paragraph 1 number 7 to 12, 15 and 19 and article 248 article 13 paragraph 1 EGBGB".
c) aa in the case of conclusion of contracts for the provision of payment services away from business premises:) for payment services framework contracts: ", but not before conclusion of the contract and also not before fulfilment of our obligations in accordance with article 246 b of article 2 in conjunction with § 1, clause 1 No. 12 and article 248 article 4 paragraph 1 EGBGB";
BB) small instruments of amount of referred to 675i paragraph 1 BGB: ", but not before conclusion of the contract and also not before fulfilment of our obligations in accordance with article 246 b of article 2 in conjunction with § 1, clause 1 No. 12 and article 248 article 11 paragraph 1 EGBGB";
CC) for single payment contracts: ", but not before conclusion of the contract and also not before fulfilment of our obligations in accordance with article 246 b of article 2 in conjunction with § 1 para 1 No. 12 and article 248 article 13 paragraph 1 EGBGB".
Is taught for a treaty which falls under several of the foregoing cases, are the respective supplements to combine. As far as to combine supplements are linguistically identical, repetition of the wording are not required.
Insert: Name/company name and address of the addressee of the revocation.
Can be specified in addition: fax number, email address and/or if the consumer an acknowledgement of its notice of withdrawal to the entrepreneur receives, also an Internet address.
This paragraph may be omitted if the mutual benefits were paid only after expiry of the cooling-off period. The same applies if a reversal not taken into consideration (such as taking a guarantee).
In agreeing a fee for the toleration of an overdraft in the sense of section 505, BGB is here to add the following: "overdraw your account without an overdraft facility or exceed that you an overdraft facility, we can require neither costs nor interest you about the repayment of the amount of the overdraft or exceeding beyond if we incorrectly about the conditions and consequences of the overdraft or exceeding (E.g. applicable borrowing rate" (, Kosten) lets have. "
A Treaty of non-gratuitous financial support, which German civil code is covered by the exception of section 506, paragraph 4, the following applies: a) contract is the hiring of a thing except for the supply of water, gas or electricity, offered in a limited volume or a certain amount for sale concrete instructions according to the design note are 246 a here letter a to c of Appendix 1 to article to section 1, paragraph 2, sentence 2 EGBGB.
(b) subject of the contract is the provision of a service that does not exist in the hiring of a thing referred to in letter a or in a financial services or the supply of water, gas or electricity, if they are offered in a limited volume or a certain amount to the sale, or the supply of district heating, are the concrete instructions according to the design note of annex 1 to article 246 a here to give section 1, paragraph 2, sentence 2 EGBGB.
(c) contract is the delivery of digital content not on a physical disk is here the following note to give: "You are obliged to pay value replacement for the digital content provided up to the withdrawal, if you have been advised of this legal consequence before submitting your contractual Declaration and explicit consent, that we start before the end of the withdrawal period with the delivery of digital content."
The following note for financed operations can be omitted if there is no associated business: "If you finance this contract through a loan and later revoked him, you are no longer bound to the loan contract if both contracts form an economic unit. This is particularly Assumable if we are also your lender or made use of your lenders with regard to the financing of our participation. If the loans are of the revocation or the return of the goods already received us, lender enters her in relation to you with regard to the legal consequences of the revocation or the return in our rights and obligations under the financed contract. The latter does not apply if the present contract is the purchase of financial instruments (such as by securities, foreign exchange or derivatives) to the subject.
Want a contractual binding as far as possible avoid, make use of your right of revocation and also withdraw the loan contract if a right of withdrawal also stands to."
When a financed purchases of land or plot same right set is 2 of the above notice to change as follows: "this is only to accept, if the contractual partner in two treaties are identical, or if the lender through the provision of loans, promotes your realty business through interaction with the seller by he's wholly or partly own its capital interests ", planning, advertising, or implementation of the project takes over functions of the seller or seller unilaterally favors the."
The following notice may be omitted if there is no contiguous contract: "In revocation of this agreement you are no longer bound, also signed related to this agreement if the related contract for a performance that is provided by us or a third party on the basis of an agreement between us and the third party."
Place, date and signature bar can be omitted. In this case are this information either by the words "End of revocation" or by the words "your (insert: company of the entrepreneur)" to replace.

Appendix 4 (article 247 article 2) European standard information for consumer credit (site: BGBl. I, 2009, S. 2393-2397;)
regarding the details of the changes see footnote) 1 name and contact details of the creditor/credit intermediary lender address phone *) email *) fax *) Internet address *) [name] [Ladungsfähige address for contacts the consumer] (if applicable) credit intermediary address telephone *) E-Mail *) fax *) Internet address *) [name] [address for contacts with the consumer] - *) voluntary information of the lender in all cases where "if applicable" is specified, the lender must fill out the appropriate box , if the information for the credit agreement is relevant, or delete that information or the entire row if the information for the type of credit in question is not relevant.
The notes in brackets serve to explain and be replaced by the corresponding information.
2. Description of the main characteristics of credit loan type total amount of credit ceiling or the sum of all amounts provided under the credit agreement conditions for that use is meant, how and when you will receive the money the duration of the credit agreement instalments and, where appropriate, order, in which the part payments are applied you must make the following payments: [amount, number and frequency of payments to be paid by the consumer] interest and/or charges are to be paid as follows : Of you total amount to be paid amount of borrowed capital plus interest and any costs associated with your credit [sum of total amount of credit and total cost of credit] (if applicable) the credit is in the form of a deferred of payment for a good or service provided or is connected to the supply of specific goods or the provision of a service.
Designation of the goods or service cash price (if applicable) demanded collateral description of collateral [type of collateral] to be by you in connection with the credit agreement (if applicable) payments are not the immediate capital amortisation 3. borrowing costs borrowing rate or, if necessary, the various set interest rates that apply to the credit agreement [% - bound or - variable (with the index or reference rate for the initial borrowing rate) - periods] Apr total cost expressed as an annual percentage of the total amount of credit this information can help you , to compare different offers.
[% Representative sample, specifying all assumptions flowing in the calculation of the annual percentage rate]
Is credit insurance or - the mandatory use of ancillary service related to the credit agreement precondition, that the credit is allowed at all or according to the contract conditions?
If the lender does not know the cost of these services, they are not included in the Apr.
Yes/No [If Yes, type of insurance:] yes/no [If Yes, type of ancillary:] costs relating to the credit (if applicable) the management of one or more accounts is required for the posting of payment transactions and credit amounts in the claim.
 
(if applicable)
Amount of costs for using a specific means of payment (E.g. a credit card) (if applicable) other costs relating to the credit agreement (if applicable) conditions under which the above costs be changed in connection with the credit contract can (if applicable) obligation to pay notarial costs costs of late payments missing payments can serious consequences for you (E.g. forced sale) and make it more difficult to obtain a loan.
In case of payment delay will give you [... (applicable interest rate and arrangements for its adjustment and, where appropriate, delay costs)] calculated.
4. other important legal aspects of withdrawal, you have the right to cancel the credit contract within 14 calendar days.
You have the right to repay the loan at any time wholly or partly in advance yes/no early redemption has occurred.
(if applicable)
Compensation is the lender in case of early repayment [determination of the compensation (calculation method) in accordance with § 502 BGB] database query
The lender must notify without delay and free of charge over the result of a database query, if a credit application on the basis of such a query is rejected. This does not apply if an appropriate briefing by the legislation of the European Union is prohibited or is contrary to objectives of public policy or public security.
 
Right to a draft credit agreement you have the right to obtain a copy of the draft of credit agreement free of charge upon request. This provision does not apply if the creditor at the time of application to a credit agreement with you is ready.
 
(if applicable)
Period during which the lender of the pre-contractual information is bound to apply this information from the... to...
(if applicable)
5. additional information on the distance selling of financial services a) to the lender (if applicable)'s of credit representative in the Member State in which you have your residence address telephone *) email *) fax *) Internet address *) *) voluntary disclosures of lender's [name] [Ladungsfähige address for contacts of the consumer] (if applicable) entry in the commercial register [commercial register, in which the lender is registered, and its company registration number or an equivalent means of identification in that register] (if applicable) supervisory authority b) to the loan agreement (if applicable) right of withdrawal [practical instructions for exercising the] [Cons right of call, including withdrawal, specifying the address to which the notice of withdrawal is to send, as well as consequences of non-exercise of this right] (if applicable) that the lenders of of establishing of relations with you before the conclusion of the credit agreement measured right clauses concerning the law applicable to the credit agreement (if applicable) and/or the competent court [reflect appropriate clauses here] (if applicable) language selection the details and terms and conditions are presented in [specify of language]. With your consent we will during the duration of the credit agreement in [specifying the Sprache(n)] you keep contact.
c) to the remedies availability out-of-court complaint and redress procedures and access to [specify, whether the consumer who is party to a distance contract, has access to an out-of-court complaints and redress procedures, and, where appropriate, the conditions for such access] Appendix 5 (to article 247 section 2) European consumer credit information for 1 overdrafts 2. debt rescheduling (site: BGBl. I 2009, pp. 2398-2401; regarding the details of the changes cf. footnote) 1 name and contact details of the creditor/credit intermediary lender address phone *) E-Mail *) fax *) Internet address *) [name] [Ladungsfähige address for contacts] Consumer] (if applicable) credit intermediary address telephone *) email *) fax *) Internet address *) [name] [Ladungsfähige address for contacts the consumer]-*) voluntary information of the lender in all cases where "if applicable" is specified, must the lender fill out the appropriate box, if the information for the credit contract is relevant, or delete that information or the entire row if the information for the type of credit in question is not relevant.
The notes in brackets serve to explain and be replaced by the corresponding information.
2. Description of the main characteristics of credit loan type total amount of credit ceiling or the sum of all amounts, which is provided under the credit agreement term of the credit agreement (if applicable) you may at any time be required to repay of the entire amount of the credit.
 
3. borrowing costs borrowing rate or, if necessary, the various set interest rates that apply to the credit agreement [% - bound or - variable (with the index or reference rate for the initial borrowing rate)] (if applicable) annual percentage rate *) total cost expressed as an annual percentage of the total amount of credit this information helps you to compare different offers.
[%. Representative example, specifying all assumptions flowing in the calculation of the annual percentage rate] (if applicable) conditions under which these costs can be changed [all by the time of the conclusion of the credit agreement to pay costs] costs for late payments at payment will give you cost (if applicable) [... (applicable interest rate and arrangements for its adjustment and, where appropriate, delay costs)] calculated.
---*) For overdraft facilities according to § 504, paragraph 2, of the civil code, in which the credit may be terminated at any time by the lender or must be repaid within three months, the APR must be omitted, if the lender except the interest requires no additional costs.
4. other important legal aspects of termination of the credit agreement [conditions and procedure for terminating the credit agreement] database query of the lender immediately and free of charge over the result of a database query shall teach you, if a credit application on the basis of such a query is rejected. This does not apply if an appropriate briefing by the legislation of the European Union is prohibited or is contrary to objectives of public policy or public security.
 
(if applicable)
Period during which the lender of the pre-contractual information is bound to apply this information from the... to...
(if applicable)
5. additional information, are to deliver when the pre-contractual information concerning a consumer credit for debt instalments and, where appropriate, order the part payments are applied in the you must make the following payments: [representative example of an instalment plan, stating the amount, number and frequency of payments to be paid by the consumer] you total amount to be paid early repayment you have the right , to repay the loan at any time wholly or partly in advance.
(if applicable)
Compensation is entitled to when premature repayment the lender.
[Determination of the compensation (calculation method) in accordance with § 502 BGB]
Information in addition to be 6 in the distance selling of financial services a) to the lender (if applicable) representative of the creditor in the Member State in which you have your residence address telephone *) email *) fax *) Internet address *) *) voluntary disclosures of the lender.
[Name]
[Address for contacts the consumer]
(if applicable)
Entry in the commercial register [commercial register, in which the lender is registered, and its company registration number or an equivalent means of identification in that register] (if applicable) supervisory authority b) to the credit contract of right of cancellation, you have the right to cancel the credit contract within 14 calendar days.
(if applicable)
Exercise of the right of withdrawal yes/no [practical instructions for exercising the right of withdrawal, including the address to which the notice of withdrawal is to send as well as consequences of non-exercise of this right] (if applicable) that the lenders of of establishing of relations with you before the conclusion of the credit agreement measured right clauses concerning the law applicable to the credit agreement (if applicable) and/or the competent court [reflect appropriate clauses here] (if applicable) language selection the details and terms and conditions are presented in [specify of language]. With your consent we will during the duration of the credit agreement in [specifying the Sprache(n)] you keep contact.
(c) to the remedy availability out-of-court complaint and redress procedures and access to them [whether the consumer who is party to a distance contract, has access to an out-of-court complaints and redress procedures, and, where appropriate, the conditions for such access] Appendix 6 (article 247 section 2) European standardised information sheet (site: BGBl. I 2009, pp. 2402-2405) content description introduction this information represent a legally binding offer.
The information will be made available in good faith and are an accurate description of the offer, which would make the Bank under current market conditions and on the basis of the information provided by the customer. It should be noted, however, that the information may change depending on market developments.
Handing over this information leaflet does not automatically commits the lender for the loan approval.
1st lender and possibly loan facilitator 2. Description [this paragraph should be a brief but clear description of the proposed treaty.
This should clarify whether the loan is mortgage or through other commonly used security to secure;
-This is the proposed contract to an interest payment loan (i.e. the borrower serves only the interest during the term of the loan and pays back the full amount of the loan at the end of the term) or an annuity loan (i.e. the borrower wipes out not only interest rates and costs, but also the loan during the term of the loan);

the loan conditions of the equity of the borrower provided are dependent on (may be described as a percentage of the value of residential property);
-the loan conditions of the guarantee of a third party are dependent.]
3. borrowing rate (is to specify the nature of the borrowing rate and duration of the stipulated loan period) [this section should provide information about the main consideration of the loan - borrowing rate. As far as significant details about the variability of the borrowing rate should be described including inter alia review phases, suspended phases and related penalty clauses, as well as the indication of interest rate margins vary within which a variable borrowing rate may, etc.
It should be described, whether or not a variable borrowing rate refers to an index or reference rate and, where relevant, for further information on the index or reference rate.]
4. annual percentage rate total cost expressed as an annual percentage of the total amount of credit 5. NET loan amount and currency 6 duration of the loan agreement 7 number and frequency of payment in instalments (may vary) 8. Annuity loan: Amount of payment in instalments (may vary) 9. Housing loans of interest payment:-Amount of each regular interest payment;
-Amount of support to be paid regularly for capital formation.
[Should the lender - real or representative - indicated - the height and number of each regular payment of interest (see details under point 7) and - deliver to the height and number of regular payments (see details under point 7) to be paid to capital formation.
If necessary, the lender should indicate that the payments made for capital formation and resulting claims may ensure not the full repayment of the loan.
If a lender capital formation contracts in its offer leads and offers them as part of a loan, interest payments, should be made clear whether the offer of the investment contract proposed by the lender is bound.]
10. additional one-time costs, if applicable [a list of all initial one-time costs that the borrower at the time must pay the recording of the home loan, must be presented.
If these costs are under direct or indirect control of the lender, an estimate of the cost should be.
Where relevant, it should be clarified whether the costs have to be paid independently of the loan approval.
Such costs could include for example: - administrative costs - costs for legal advice - estimation and assessment costs.
If an offer it is bound that the borrower takes the mentioned services by the lender to complete, should be pointed out clearly this fact.]
11 additional recurrent costs (to the extent not already considered in point 8) [this list should include for example: – insurance for insolvency (unemployment or death) - fire insurance - buildings and contents insurance.]
If an offer it is bound that the borrower takes the mentioned services by the lender to complete, should be pointed out clearly this fact.]
12. early redemption, cancellation [the lender should admit notes - the possibility and terms of early repayment - including a reference to any applicable fees.]
In cases where an exact indication of the costs at this time is not possible, the note should be used, that an amount of the borrower to pay is sufficient to compensate for the costs arising from the termination of the lender.]
13 internal complaint system [name, address and telephone number of the contact point] 14 representative repayment plan [the lender should present a representative and summary amortization schedule, which should contain at least the following information: - monthly or (if this is the case) quarterly rates for the first year; - followed by annual data for the entire (remaining) term of the loan.]
The repayment plan should contain also - to the repayments, - to interest payments, - to the remaining debt to be paid, - to the individual rates and - to the total.
It should clearly be pointed out, that the repayment plan is merely illustrative and contain a warning if the offered home loans interest rate variable.]
15 have obligation to lead the salary account with the lender and database - 16 right of withdrawal, the right to cancel the loan contract within 14 calendar days.
Yes/No 17 cession, transfer claims from the loan relationship can be ceded to third parties, such as debt collection companies,.
The lender can transferred the contract without your consent to other people, such as when a restructuring of the business.
Yes / No [if necessary with restrictions, such as only in arrears] yes/no [if necessary with restrictions] 18 additional information in the remote sales business (if applicable) loan intermediaries or representatives of the lender in the Member State in which you have your residence address telephone *) email *) fax *) Internet address *) *) voluntary disclosures of lender.
[Name]
[Address for contacts of the borrower]
Entry in the commercial register [commercial register, in which the lender is registered, and its company registration number or an equivalent means of identification in that register] supervisory authority exercise of the right of withdrawal [practical instructions for exercising the right of withdrawal, including specifying the address to which the notice of withdrawal is to send, as well as the consequences of not exercising that right] jurisdictions that the lender of the inclusion of relations with you before the conclusion of the loan agreement underlying sets clauses of the law applicable to the loan contract and the competent court of [appropriate clauses here play] language selection the details and terms and conditions are presented in [specify of language]. With your consent we will during the term of the loan agreement in [specifying the Sprache(n)] you keep contact.
Availability apply out-of-court complaint and redress procedures, and access to them [indicating whether the borrower has access to an out-of-court complaints and redress procedures, and, where appropriate, the conditions for such access] period, for which the lender of the pre-contractual information this information is bound by the... to...
In all cases where "if applicable" is specified, must the lender or loan broker fill out the appropriate box, if the information for the loan is significant or the relevant information or entire line delete, if information for the loan in question is meaningless.
The notes in brackets serve to explain and be replaced by the corresponding information.

Annex 7 (article 247 article 6, paragraph 2 and article 12 paragraph 1) pattern for a revocation information for consumer loan agreements (site: BGBl. I, 2013, p. 3668-3670) revocation information right of withdrawal the borrower * may revoke his contractual Declaration within 14 days without giving any reason. The period begins after the conclusion of the contract, but only after the borrower BGB (such as information on the type of loan, stating the net amount of the loan, stating the contract) has received all required information according to article 492, paragraph 2. The borrower has received all required information, if they are included in the copy of his application specific borrower or the copy of the certificate of the contract for the borrower in a copy of his application or the deed for the borrower and such a document has been available to the borrower. On a durable medium, the borrower can subsequently be informed about mandatory information not recorded in the text of the Treaty; the withdrawal period is then one month. The borrower is with the information collected by mandatory to point out once again at the start of the withdrawal period. To safeguard the withdrawal period, the timely dispatch of the revocation is sufficient if the Declaration is made on a durable medium (E.g. letter, fax, E-Mail). The withdrawal must be addressed to: consequences of revocation insofar as the loan was already paid off, has to repay the borrower no later than within 30 days and to pay the agreed borrowing rate for the period between payment and repayment of the loan. The period begins with the sending of the notice of withdrawal. For the period between payment and reimbursement, an interest amount in euros is payable for the full use of the loan per day. This amount is reduced accordingly if the loan was only partially included in claim.   
Design Notes:
Here are to insert: name/company name and address of the addressee of the revocation. Can be specified in addition: fax number, email address and/or if the borrower a confirmation of its notice of withdrawal to the lender receives, also an Internet address.
Applying the design notes, or following sub-heading is to insert: "Special provisions for other contracts".
With an associated contract according to § 358 BGB is here to insert: a) if the contract is not the purchase of financial instruments on the subject: "-the borrower revokes this loan agreement, he is also on the [insert: name of the associated contract] (hereafter: related contract) * no longer bound."
-Is the borrower in relation to the [insert *: related contract] a right of withdrawal, he shall with effective revocation of [insert *: related contract] no longer bind to the loan contract. ("For the legal consequences of revocation which are in the [insert *: associated contract] arrangements and the cancellation policy for this given decisive." b) if the contract is the purchase of financial instruments on the subject: "-the borrower shall revoke the [insert: description of the related Treaty], so he is no longer bound to the loan contract."
In a business whose subject matter (the performance of the contractor) in the consumer loan agreement is exactly specified and that at the same time civil code meets the requirements of a related agreement pursuant to § 358, although the loan serves solely to finance (specified business pursuant to section 360, paragraph 2, sentence 2 BGB), is here to add the following: "-is the borrower in relation to the [insert: designation of the business specified in the loan agreement] (in the following" (: angegebenes Geschäft) * to a right of withdrawal, he is no longer involved with effective revocation of specified business also to this loan agreement. "
With an associated with a consumer loan agreement contract (§ 360 BGB), the at the same time meet the requirements of a related agreement pursuant to § 358 BGB, can here the following inserted: "-shall be entitled to the borrower in relation to this loan agreement, so he is with effective cancellation of the loan agreement to the [insert: description treaty related to the loan agreement] (in the following: related contract) * no longer bound."
Here is the exact amount of interest in euro per day to insert. Cents as to specify decimal places.
The loan through a mortgage is secured, is here to add the following: "If the borrower can prove that the value of the advantage of its use was lower than the contract rate, he must pay the lower amount. This can come in consideration, for example, if the market interest rate was lower than the contractual interest rate."
Expenses in accordance with article 357a (3) sentence 4 German Civil Code provides the lender against public authorities and will he reserve this claim in the event of cancellation, is here to add the following: "-the borrower shall reimburse the costs the lender provided the lender against public authorities and can not claim a refund."
Applying the design notes, or be inserted here as a subhead: "Special provisions for further contracts" this does not apply if only the hint is used on a pecuniary interest financing assistance and more contracts are not available.
Several more contracts there are side by side, the information in accordance with the applicable design notes can be the following also by a corresponding, related respectively to the specific contract, repeated naming of notes.
A related contract according to § 358 BGB, which is not the acquisition of financial instruments on the subject, is here to add the following: "-is the borrower in relation to [insert *: the associated contract] a right of withdrawal, are in the case of a valid withdrawal [insert *: of the associated contract] excluded claims of the lender's payment of interest and costs from the cancellation of the loan agreement to the borrower."
A related contract according to § 358 BGB, which has not the purchase of financial instruments on the subject, or with a related contract, if made use of design note, is here to add the following: "-the borrower as a result of the revocation of this loan agreement is [insert *: the associated contract and/or the related contract] as far as return the benefits received are no longer bound."
A related contract according to § 358 BGB for the use of a thing or a related contract, if made use of design note, here the following subparagraph is set on the hiring of a thing to insert: "-the borrower shall not be obliged to return the thing, if the [insert *: the associated agreement or the related contract] participating contractor has offered to pick up the stuff." In principle, the loan shall bear the direct cost of returning the goods. This does not apply if the [insert *: the associated agreement or the related contract] participating entrepreneurs, agreed to bear these costs, or it has failed, the consumer about the obligation to bear the direct cost of returning to teach. Contracts negotiated away from business premises, where the goods at the time of the conclusion of the contract to the dwelling of the consumer have been delivered, the entrepreneur is obliged to collect the goods at his own expense, if the goods are such that they cannot be returned by mail."
The subparagraph can be supplemented as follows: "If the borrower the due to [insert *: of the related treaty or treaty related] licensed thing not or partially or only in a deteriorated condition can, he has to pay compensation." This is however only, if the loss in value on the handling of the goods is the result, which was not necessary for checking the composition, properties, and the functioning of the goods."
A contract on a non-gratuitous funding assistance, the following applies: a) contract is the hiring of a thing except for the supply of water, gas or electricity, offered in a limited volume or a certain amount for sale concrete instructions according to the design note are 246 a here letter a and b of Appendix 1 to article to section 1, paragraph 2, sentence 2 EGBGB.
These may be supplemented by concrete instructions according to the design note 2(c) of annex 1 to article 246a § 1 paragraph 2 sentence 2 EGBGB.
(b) subject of the contract is the provision of a financial service, can be given here the following note: "the borrower is obliged to pay value replacement for the services rendered up to the withdrawal, if it has expressly agreed to, that is started before the end of the withdrawal period with the execution of the consideration. (An obligation for the payment of compensation, this can cause that the borrower must still meet the contractual payment obligations for the period up to revocation."c) contract is the provision of a service that does not exist in the hiring of a thing referred to in letter a or in a financial services or the supply of water, gas or electricity, if they are offered in a limited volume or a certain amount for sale , or the supply of district heating, the actual instructions according to the design note of annex 1 to article 246a § 1 paragraph 2 sentence 2 can be given here EGBGB.
(d) contract is the delivery of digital content not on a physical disk can be given here the following note: "The borrower is obliged to pay value replacement for the digital content provided up to the withdrawal, if it has expressly agreed to, that is started before the end of the withdrawal period with the delivery of digital content."
At a specified business according to article 360, paragraph 2, sentence 2 BGB is here to add the following: "-is the borrower as a result of the revocation of [insert *: specified business] to the loan contract no longer bound, this leads in terms of the loan agreement to the same consequences that would occur if the loan agreement itself would be has been revoked (see above under"withdrawal effects")."
A related contract according to § 358 BGB, which is not the acquisition of financial instruments on the subject, is here to put the following:
"- If the borrower as a result of the cancellation of the loan agreement no longer is bound to the other treaty or no longer to the loan contract is bound as a result of the cancellation of the other treaty, in addition the following applies: the loan when effect of withdrawal is the contractual partner of the borrower [insert *: the related contract] already accrued to the lender in relation to the borrower in terms of the legal consequences of the revocation in the rights and obligations of the Contracting Party from the other contract occurs."
This note is omitted if the lender is also contracting partner of the borrower from the other contract.
A related contract according to § 358 here following heading and the following note to insert are BGB, which is not the acquisition of financial instruments on the subject,: "Objections related contracts" "the borrowers the repayment of the loan, may refuse as far as objections would entitle him to refuse his performance against the contract partner from the related contract. This does not apply if the funded fee is less than 200 euros, or if the legal basis for the objection based on an agreement, which was made after the conclusion of the loan agreement between the borrower and the other Contracting Party. Can require the borrower by the other Contracting Party rectification, so he can deny only the repayment of the loan, if the subsequent performance is unsuccessful."
This note and the title can be omitted if the lender knows that the funded fee is less than 200 euro.
Contracting Parties can be addressed directly (E.g. "You", "We"). It can be used also the feminine form of the respective name or the designation of the Contracting Parties. The terms "Borrower" and "Lender" can be used. Paid financial aid, the labels are to adapt, for example, with the "Lessor" and "Lessee". The obligation of the further adjustment for non-gratuitous financial aid in accordance with article 247 article 12, paragraph 1, sentence 5 EGBGB remains unaffected.
* This clip addition does not apply for continuous giving an exact description of the contract/business.
The reference to the contract / the relevant transaction can be after first giving an exact description in addition by using the General term of the respective contract/business (related contract, given business, related treaty).