Introduction Act To The Civil Law Book

Original Language Title: Einführungsgesetz zum Bürgerlichen Gesetzbuche

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Introduction law to the Civil Code

Non-official table of contents

BGBEG

Date of issue: 18.08.1896

Full quote:

" Introduction Act to the Civil Code in the version of the Notice of 21. September 1994 (BGBl. I p. 2494; 1997 I p. 1061), most recently by Article 15 of the Law of 29. June 2015 (BGBl. I p. 1042) "

:Recaught by Bek. v. 21.9.1994 I 2494; 1997, 1061;
last modified by Art. 15 G v. 29.6.2015 I 1042

For details, see the Notes

Footnote

(+ + + text evidence application: 1.1.1980 + + +)
menu
(+ + +). Application d. Art. 1 and 2 cf. § 132 GNotKG + + +)

First Part
General Regulations

First chapter
Entry into force. Reservation of national law. Law Term

Art 1

(1) The Civil Code will take place on the 1. January 1900 at the same time as a law, concerning amendments to the Law of the Court of Justice, the Code of Civil Procedure and the Order of bankruptcy, a law on forced auction and the compulsory administration, a land register and a law on matters relating to the voluntary jurisdiction.(2) As far as in the Civil Code or in this Act the regulation is reserved to the Land laws or is determined that national regulations can remain unaffected or can be enacted, the existing national legal provisions shall remain unchanged. Regulations in force and can enact new national regulations.

Art 2

Law as defined in the Civil Code and this law is any legal norm.

Second Chapter
International Private Law

First Section
General Rules

Art 3
Scope; Relationship with European Union and international agreements

Unless
1.
directly applicable regulations of the European Union in its current version, in particular
a)
Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 June 2007. Regulation (EC) No 593/2008 of the European Parliament and of the Council of 13 July 2007 on the law applicable to non-contractual obligations (Rome II),
b)
17. Article 15 of Council Regulation (EC) No 4/2009 of 18 June 2008 on the law applicable to contractual obligations (Rome I),
c)
Article 15 of Council Regulation (EC) No 4/2009 of 18 June 2008. The European Parliament and the Council of the European Union shall, in accordance with the Hague Protocol of 23 December 2008, on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations. The Council of Ministers of the European Union (EC) No 1259/2010 of 20 November 2007 on the applicable law,
d)
Council Regulation (EU) No 1259/2010 of 20 November 2010 on the right to maintenance obligations, December 2010 on the implementation of enhanced cooperation in the area of the law applicable to divorce and legal separation as well as
e)
Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4. July 2012 on jurisdiction, applicable law, the recognition and enforcement of decisions and the adoption and enforcement of authentic instruments in matters of succession and the introduction of a European Certificate of Succession or
2.
Regulations in international agreements, insofar as they have become directly applicable national law,
shall determine the applicable law in the case of facts relating to a connection with a foreign country in accordance with the provisions of this Chapter (International Private Law).

Art 3a
Sachnormverreferral; Individual statutes

(1) The references to substantive regulations relate to the legal norms of the relevant legal order, excluding those of international private law.(2) Insofar as references in the Third Section place the property of a person under the law of a State, they shall not refer to objects which are not in that State and under the law of the State in which they are located,

Art 4
Reaction and referral; legal fission

(1) If you refer to the law of another country, the private law of the other state is also subject to private law. where this does not conflict with the meaning of the referral. If the law of the other State refers back to German law, the German substantive rules shall apply.(2) Insofar as the parties can choose the law of a State, they may refer only to the substantive provisions.(3) Where reference is made to the law of a State with a number of sub-jurisdictions, without designating the relevant one, the law of that State shall determine which part-law order shall be applied. If such a system is missing, the sub-rule order is to be applied, which is closely connected with the facts.

Art 5
Staff Regulations

(1) Reference is made to the law of the State, where a person is a member, and if he is a member of several States, the law of those States with which the person is closest to him shall be applicable, in particular through his habitual residence or through the course of his life. If the person is also German, this legal status shall be the subject of this legal status.(2) Where a person is stateless or cannot be a national, the law of the State in which it is habitually resident or, in the absence of such a stay, shall apply.(3) Where reference is made to the law of the State in which a person has their stay or habitual residence, and if a person who is not fully capable of business changes the stay without the will of the legal representative, this change shall is not used to apply any other right.

Art 6
Public Order

A legal standard of another state is not applicable if its application is a result of , which is manifestly incompatible with the fundamental principles of German law. In particular, it should not be applied if the application is incompatible with the fundamental rights.

Second Section
Natural and Legal Transactions

Art 7
Legal Capability and Business Capability

(1) The legal capacity and business capacity of a person are governed by the law of the State to which the person belongs. This also applies to the extent to which the business capacity is extended by marriage.(2) A once acquired legal capacity or business capacity is not adversely affected by the acquisition or loss of the legal status as a German.

Art 8
Discharge

(omitted)

Art 9
Death Statement

The death declaration, the death and death date, and the conjectures of life and death are subject to the law of the state to which the conspiracies in the last time he was still living according to the existing news. If the disappearance was a member of a foreign country at that time, he or she may be declared dead under German law if there is a legitimate interest for this.

Art 10
Name

(1) The name of a person is subject to the law of the state to which the person belongs.(2) Spouses may choose their future name at or after the marriage to the registry office
1.
according to the law of a state to which one of the spouses is a member, notwithstanding Article 5 (1), or
2.
under German law, if any of them have their habitual residence domestically.
Declarations made after the marriage must be certified publicly. § 1617c of the Civil Code is to be applied in the appropriate way for the effects of the election on the name of a child.(3) The holder of the concern can determine to the registry office that a child should be given the surname
1.
in accordance with the law of a state to which a parent belongs, notwithstanding Article 5 (1),
2.
German law, if a parent has his or her habitual residence in Germany, or
3.
under the law of the State, to which a name of the parent is
Statements made after the birth of the birth must be officially certified.(4) (omitted)

Art 11
Form of legal transactions

(1) A legal transaction is formally valid if it is the formal requirements of the law relating to the legal relationship of the law , or the law of the State in which it is carried out.(2) Where a contract is concluded between persons who are in different States, it shall be formally valid if it is to the formal requirements of the law to be applied to the legal relationship forming its object or to the law of a of these States.(3) Where the contract is concluded by a representative, the state in which the representative is located shall be the determining factor for the application of paragraphs 1 and 2.(4) A legal transaction which establishes or has a right to a cause shall be valid only if it satisfies the formal requirements of the law to be applied to the legal relationship forming its subject-matter. name="BJNR006049896BJNG032000377 " />

Art 12
Protection of the other Contract steil

If a contract is concluded between people who are in the same state, a natural person who has been The provisions of the law of that State would be capable of acting on the right, the business and the ability to act, only to rely on their legal, commercial and inability to act derived from the substantive provisions of the law of another State, if the other Part of the contract at the time of the conclusion of the contract knew or had to know this legal, business and action inability. This does not apply to family law and legal transactions as well as to dispositions of a property situated in another state.

Third Section
Family Law

Art 13
Marriage

(1) The conditions of marriage are subject to the law of the state to which it belongs to each fiancé.(2) If there is a prerequisite for this, German law shall apply if
1.
is a fiancé is habitually resident in the country or is German,
2.
the fiancé have taken reasonable steps to fulfil the condition and
3.
It is incompatible with the freedom of marriage to refuse marriage; in particular, the former marriage of a fiancé shall not be contrary to the marriage if it The spouse of the fiancé is declared dead by a decision taken or recognized here.
(3) A marriage can only be concluded in Germany in the form prescribed in this case. However, a marriage between fiancée, of which no one is a German, may be closed before a person duly authorised by the Government of the State to which one of the fiancée belongs, in the form prescribed by the law of that State. , a certified copy of the registration of such a closed marriage in the register of registry, which is carried out by the duly authorised person, provides full proof of marriage.

Art 14
General marriage effects

(1) The general effects of marriage are subject to
1.
the law of the state to which both spouses belong or during marriage, if one of them is still in this state, otherwise
2.
the law of the state in which both spouses have their habitual residence or during marriage last, if one of them still has their habitual residence there,
3.
the law of the State with which the spouses are closely connected in other ways.
(2) A spouse belongs to several states, according to the the spouses, notwithstanding the provisions of Article 5 (1), may choose the right of one of those States if the spouse is also a member of the other spouse.(3) Spouses may choose the law of the State to which a spouse belongs, if the requirements of paragraph 1 (1) are not available and
1.
no spouse belongs to the state in which both spouses have their habitual residence, or
2.
The spouses do not have their habitual residence in the same state.
The effects of the choice of law end if the spouses obtain a common nationality.(4) The choice of law must be notarized. If it is not carried out domestically, it is sufficient if it meets the formal requirements of a marriage contract according to the law chosen or at the place of choice.

Art 15
Goods State

(1) The amicable effects of marriage shall be subject to the law governing the marriage of the general effects of marriage.(2) The spouses may choose for the amicable effects of their marriage
1.
the law of the State, the of one of them,
2.
the law of the state in which one of them has his habitual residence, or
3.
for immovable property the right of location.
(3) Article 14 (4) applies accordingly.(4) The provisions of the law on the marital status of displaced persons and refugees shall remain unaffected.

Art 16
Protection of third parties

(1) The effects of the goods are subject to the effects of the goods. a marriage to the law of another State and if one of the spouses has his or her habitual residence in the territory of the country or if he pursues a trade here, then § 1412 of the Civil Code shall be applied accordingly; the foreign legal status of the goods shall be the same as a contract.(2) In the case of legal transactions carried out domestily, § 1357, movable property in this case § 1362, is to be applied in accordance with § § 1431 and 1456 of the Civil Code, in so far as these provisions are applicable to good faith third parties are more favourable than the foreign law.

Art 17
Special divorce sequences; decision by court

(1) Property divorce orders not provided by others The provisions of this section shall be governed by the law applicable to divorce under Regulation (EU) No 1259/2010.(2) A marriage can only be divorced in Germany by a court.(3) Supply compensation shall be subject to the law applicable to divorce under Regulation (EU) No 1259/2010; it shall be subject to the application of German law and the right of one of the States to which the spouses shall be subject in the The date of entry of the right of the divorce application shall be made up of. In addition, the compensation for supply must be carried out at the request of a spouse under German law if one of the spouses has acquired a right of access to a domestic provider, in so far as the execution of the spouse is In particular, in view of the mutual economic circumstances, the balance of supply during the entire marriage period is not contradicted.

Art 17a
Marriage Household items

The right of use for the domestised home and the domestic household items as well as related cheating, approximation and contact prohibitions are subject to the German law.

Type 17b
Registered life partnership

(1) The justification, general, and quality-related effects, as well as the resolution of a registered partnership Life partnership shall be subject to the rules of the register of leading State. The supply compensation shall be subject to the law applicable in accordance with the provisions of the first sentence; it shall be subject to the application of German law and the law of one of the States to which the life partners shall be entitled at the time of the validity of the application Termination of the life partnership, a supply balance between life partners is known. In addition, the supply compensation must be carried out at the request of a life partner under German law if one of the life partners has acquired a right to a domestic provider during the period of the life partnership, to the extent that the Implementation of the supply compensation in particular with regard to the mutual economic conditions during the whole period of the life partnership of the equity does not contradicts.(2) Article 10 (2) and Article 17a shall apply accordingly. If the general effects of the life partnership are subject to the law of another State, the movable property located in Germany is § 8 (1) of the Life Partnership Act and on domestic legal transactions § 8 para. 2 of the Apply the Life Partnership Act in conjunction with Section 1357 of the Civil Code to the extent that these provisions are more favourable to third parties than the foreign law.(3) In the case of civil partnerships registered between the same persons in different States, the last-founded life partnership shall be decisive for the effects and consequences described in paragraph 1 on the date on which it was founded.(4) The effects of a life partnership registered abroad do not go further than in accordance with the provisions of the Civil Code and the Life Partnership Act.

Art 18
(omitted)

Art 19
Descent

(1) The ancestry of a child is governed by the law of the state in which the child has his or her habitual residence. It may also be determined in proportion to each parent in accordance with the law of the State to which this parent belongs. If the mother is married, the descent can also be determined in accordance with the law which is subject to the general effects of her marriage at birth in accordance with Article 14 (1); if the marriage has been previously dissolved by death, then the date of the marriage shall be determined. Resolution authoritative.(2) If the parents are not married to each other, obligations of the father to the mother on the basis of pregnancy shall be subject to the law of the state in which the mother has her habitual residence.

Art 20
Descent of Ancestry

The descent can be appealed under any law from which its prerequisites are established. In any case, the child can challenge the child's ancestry in accordance with the law of the state in which it is habituated.

Art 21
parent-child relationship effects

The legal relationship between a child and his/her parents is governed by the law of the State in which the child is habituated.

Art 22
acceptance as a child

(1) The acceptance as a child shall be subject to the law of the State where the child is Child shall be subject to the law of the State to which the accepting person is a member in the acceptance. Acceptance by one or both spouses shall be subject to the law governing the general effects of marriage, as referred to in Article 14 (1). Acceptance by a life partner shall be governed by the law applicable to the general effects of the life partnership, as set out in the first sentence of Article 17b (1).(2) The consequences of the adoption in relation to the relationship between the child and the accepting person and the persons to which the child is in a family-legal relationship shall be subject to the law applicable in accordance with paragraph 1.(3) In view of the succession of death on the grounds of the accepting, his or her spouse, life partner or relative, and notwithstanding the law applicable in accordance with paragraphs 1 and 2 of this Article, a person who is subject to the provisions of the German provisions shall be entitled to if the deceased has ordered this in the form of a disposition of death, and if the succession is subject to German law. The first sentence shall apply if the acceptance is based on a foreign decision. The records 1 and 2 do not apply if the person in question had completed the eighteenth year of adoption at the time of adoption.

Art 23
Consent

The necessity and the grant the consent of the child and a person to whom the child is in a family-law relationship to a declaration of descent, to the name of the child or to be accepted as a child shall be subject to the law of the State to which the child belongs. To the extent that it is necessary for the best interests of the child, German law must be applied instead.

Art 24
guardianship, care and care

(1) The origin, the change and the end The guardianship, care and legal guardianship and the content of the legal guardianship and parish are governed by the law of the state to which the Mündel, the person concerned or the parish is a member. A supervisor can be ordered according to German law for a member of a foreign state who has his or her habitual residence or, in the absence of such a stay, his/her stay in Germany.(2) If a deposit is required, because it is not established who is involved in a matter, or because a party is in another State, the law governing the matter shall apply.(3) Preliminary measures as well as the content of the care and the arranged guardianship and parish are subject to the law of the ordering State.

Fourth Section
Erbrecht

Art 25
Death Due To Death

As far as the succession of deaths is not within the scope of Regulation (EU) No 650/2012, the rules of the chapter apply

Art 26
Form of dispositions of death because of

(1) In the implementation of Article 3 of the Hague Convention of 5 June 1990, the Hague Convention of the European Union and the United States of Europe. October 1961, on the law applicable to the form of final orders (BGBl. 1144, 1145) is a final willingly available, even if it is established by several persons in the same document or by which it is withdrawn an earlier last willingly available, in terms of its form, if it is Formal requirements of the law to be applied to the succession of death on the grounds of death or to be applied at the time of disposal. The other provisions of the Hague Convention shall remain unaffected.(2) For the form of other dispositions of death, Article 27 of Regulation (EU) No 650/2012 is applicable.

Fifth Section
Non-contractual Obligations

Kind 27 to 37
(omitted)

Art 38
Unjustified enrichment

(1) Placement claims for performance rendered shall be subject to the law applicable to the legal relationship to which the benefit is based.(2) Claims for enrichment by interference in a protected interest shall be subject to the law of the State in which the intervention has occurred.(3) In other cases, claims arising from unjustified enrichment shall be subject to the law of the State in which enrichment has occurred.

Art 39
Managing Director without a mandate

(1) Legal claims arising from the erasure of a foreign business shall be governed by the law of the State in which the transaction has been made.(2) Claims arising from the repayment of a foreign liability shall be subject to the law applicable to the liability.

Art 40
Unauthorised action

(1) claims from unauthorised The act shall be governed by the law of the State in which the substitute has acted. The injured person may require that, instead of this right, the law of the State in which the success has occurred shall be applied. The right of destination can only be exercised in the first legal proceedings until the end of the early first term or the end of the written preliminary proceedings.(2) The right of the person liable for replacement and the person to be injured at the time of the liability event in the same State shall be subject to the law of that State. In the case of companies, associations or legal entities, the place of habitual residence shall be the same as the place where the head office or, if a branch is involved, the place where it is situated.(3) Claims which are subject to the law of another State cannot be asserted as far as they are
1.
significantly more than necessary to provide adequate compensation for the injured person,
2.
obviously for other purposes as an appropriate compensation for the injured person or
3.
Contrary to the liability regulations of a convention binding the Federal Republic of Germany.
(4) The injured person can directly claim his or her claim against a If the law applicable to the unauthorised act or the right to which the insurance contract is subject is provided for, insurers of the person liable for replacement shall make provision for this.

Art 41
Weser narrower Compound

(1) If the law of a State is much closer to the law than with the law which would be decisive in accordance with Articles 38 to 40 (2), that right shall be applied.(2) A much closer link can be found in particular
1.
from a special legal or actual relationship between the parties in relation to the debt ratio or
2.
in the cases referred to in Article 38 (2) and (3) and in Article 39 the habitual residence of the parties in the same State at the time of the legal proceedings; Article 40 (2), second sentence shall apply.

Art 42
Legal choice

The parties may choose the right to which it is to be subject to the occurrence of the event which has resulted in a non-contractual obligation. Third party rights remain unaffected.

Sixth Section
Right of property

Art 43
Rights on one

(1) Rights on a matter shall be subject to the law of the State in which the object is located.(2) In the event of a case in which rights are established in another State, such rights may not be exercised in conflict with the legal order of that State.(3) If a right to a thing that enters the country has not been acquired before, operations in another country such as domestic are to be taken into consideration for such an acquisition domestically.

Art 44
Impacts

The requirements of Regulation (EC) No 864/2007, with the exception of Chapter III, shall apply to claims arising from adverse effects originating from a plot of land.

Art 45
Transport

(1) Rights in air, water, and rail vehicles are governed by the law of the home country. This is
1.
for aircraft belonging to the state of their nationality,
2.
in watercraft, the state of register registration, otherwise the home port or place of home,
3.
for rail vehicles the state of approval.
(2) The creation of legal security rights in these vehicles is subject to the right to the claim to be secured. is to be applied. For the ranking of several security rights, Article 43 (1) applies.

Art 46
Substantially Closer Union

Consists with the law of a State, a much closer link than with the The law applicable in accordance with Articles 43 and 45 shall apply.

Seventh Section
Special provisions for the implementation of European Union rules as referred to in Article 3 (2). 1

First subsection
Implementation of Regulation (EC) No 864/2007

Art 46a
Environmental damage

The the person injured may be entitled to rely on the right of the person entitled under Article 7 of Regulation (EC) No 864/2007 to be based on the law of the State in which the event giving rise to the damage occurred, only in the first legal proceedings until the end of the

Second sub-section
Implementation of Regulation (EC) No 593/2008

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Art 46b
Consumer Protection for Special Areas

(1) If a contract is not subject to the law of a Member State of the European Union or any other Member State, The Contracting State of the Agreement on the European Economic Area, however, the Treaty shall have a close relationship with the territory of one of those States, the provisions in force in the territory of that State shall be the implementation of the to apply consumer protection directives in the same way.(2) A close link should be adopted, in particular, where the trader
1.
in the Member State of the European Union or any other State Party to the Agreement on the European Economic Area, in which the consumer has his habitual residence, pursues a professional or professional activity or
2.
such activity in any way to that Member State of the European Union or any other State Party to the Agreement on the European Economic Area or to several states, including that state
and the contract falls within the scope of this activity.(3) Consumer protection directives within the meaning of this provision are in force in their respective versions:
1.
Council Directive 93 /13/EEC of 5 years old. 1 April 1993 on unfair terms in consumer contracts (OJ L 136, 31.5.1993, p. 29);
2.
Directive 1999 /44/EC of the European Parliament and of the Council of 25 June 1993 on the European Parliament and the Council of the European Parliament and of the Council of the European Parliament and of the Council May 1999 on certain aspects of the sale of consumer goods and the guarantees for consumer goods (OJ L 327, 28.5.1999, p. 12);
3.
Directive 2002/65/EC of the European Parliament and of the Council of 23 May 1999, of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament, of Directive on the distance sales of financial services to consumers and amending Council Directive 90 /619/EEC and Directives 97 /7/EC and 98 /27/EC (OJ L 378, 31.12.2002, p. 16);
4.
Directive 2008 /48/EC of the European Parliament and of the Council of 23 October 2002 on the European Parliament and of the Council of the European Parliament and of the Council of the European Union Consumer credit agreements and repealing Council Directive 87 /102/EEC (OJ L 327, 31.12.2008, p. 66).
(4) A timeshare contract, a contract for a long-term holiday product, a resale contract or an exchange contract within the meaning of Article 2 (1) (a) to (d) of the Directive 2008 /122/EC of the European Parliament and of the Council of 14 June 2007 1 January 2009 on the protection of consumers with regard to certain aspects of timeshare, long-term holiday products and resale and exchange contracts (OJ L 327, 28.2.2009, p. 10) does not comply with the law of a Member State of the European Union or of another State Party to the Agreement on the European Economic Area, it shall not protect consumers from the protection provided for in the implementation of this Directive , if
1.
is one of the property concerned in the territory of a Member State of the The European Union or any other Contracting State of the Agreement on the European Economic Area is or
2.
in the case of a contract which does not relates directly to a property carrying out a commercial or professional activity in a Member State of the European Union or of another State Party to the Agreement on the European Economic Area, or Work in any way related to such a state and the contract falls within the scope of this activity.

Art 46c
Compulsory insurance contracts

(1) Insurance contract relating to risks for which a Member State of the European Union or another State Party to the Agreement on the European Economic Area provides for an insurance obligation shall be governed by the law of that State, provided that: of the application of that application.(2) A contract concluded via a compulsory insurance is subject to German law if the legal obligation to conclude its conclusion is based on German law.

Third Subsection
Implementation of Regulation (EU) No 1259/2010

Art 46d
Legal Choice

(1) A legal choice agreement as defined in Article 5 of Regulation (EU) No 1259/2010 is notarized to be assessed.(2) The spouses may also make the choice of law referred to in paragraph 1 until the end of the oral proceedings in the first legal proceedings. Section 127a of the Civil Code applies accordingly.

Third chapter
approximation; election of a name acquired in another Member State of the European Union

Art 47
Pre-and Family Names

(1) If a person has acquired a name in accordance with an applicable foreign law and then directs her name under German law, it may be Explanation to the registry office
1.
from the name Before and surnames determine
2.
in the absence of first or surname, choose such a name,
3.
Place the name of the name, which does not provide for German law,
4.
the original form of a name modified according to the sex or relationship
5.
accept a German-language form of their pre-or their family name; if there is no such form of the first name, it can be new first names
If the name is Ehename or life-partnership-name, the declaration can only be made by both spouses or life partners during the marriage or life partnership.(2) Paragraph 1 shall apply mutatically to the formation of a name under German law if it is to be derived from a name which has been acquired in accordance with an applicable foreign law.(3) § 1617c of the Civil Code applies accordingly.(4) The declarations referred to in paragraphs 1 and 2 shall be officially certified or certified if they are not submitted to a German registry office during the marriage or in the establishment of the life partnership. name="BJNR006049896BJNG035803377 " />

Art 48
Election of a name acquired in another Member State of the European Union

If the name of a person is subject to German law, it may be made by declaration to the The Office of the European Union shall choose the name acquired during an ordinary stay in another Member State of the European Union and registered there in a register of persons, provided that this does not comply with fundamental principles of German law. is clearly incompatible. The choice of name shall be returned to the date of registration in the register of civil registers of the other Member State, unless the person expressly declares that the choice of name is intended to act only for the future. The declaration must be officially certified or certified. Rule 47 (1) and (3) applies accordingly.

Art 49
(Change of Other Rules)

Second Part
Relationship of the Civil Code to The laws of the Reich

Art 50

The regulations of the Reich laws remain in force. However, they do not enter into force to the extent that the Civil Code or this Act repeals the law.

Art 51

As far as the Law of the Judicial Constitution, the The provisions of the Civil Code, the Code of Criminal Procedure, the Code of Criminal Procedure, the Insolvency Code and the Act of Insolvency are subject to legal consequences, the provisions of the Civil Code or of the Civil Code shall apply. Life Partnership Act on kinship or weakness.

Art 52

Is the owner of a matter in the public interest due to a Reich Law the right to compensation, damage to or use of the object, or to the restriction of property, and to a third party entitled to the object for which special compensation is not granted, the Third, insofar as his right is impaired, the right to compensation shall be subject to the same rights as may be granted to him in the event of the erasure of his right by forced auction on the proceeds.

Art 53

(1) If, in a case of Article 52, the compensation is to be granted to the owner of a property, the provisions of Section 1128 of the Civil Code shall be applicable to the claim for compensation. If, within the time limit laid down in § 1128, a person entitled to pay claims an objection to the payment of the compensation to the owner, the owner and any person entitled to the distribution shall be entitled to open a distribution procedure for the distribution of the Apply for proceeds in the case of forced auction. In this case, the payment shall be made to the court responsible for the distribution procedure.(2) Where the right of the third party is a reallast, a mortgage, a basic debt or a pension debt, the liability of the compensation claim shall be deemed to be liable if the damaged object is recovered or replaced for the withdrawn movable property is procured. § 1123 (2) sentence 1 and § 1124 (1) and (3) of the Civil Code shall apply to compensation for the use of the land or for the withdrawal or damage to fruit or accessories of fruit or accessories.

Art 53a

(1) In the case of Article 52, if the compensation is to be granted to the owner of a registered ship or ship, the following shall be applied to: Claim for compensation the provisions of § § 32 and 33 of the Law on the Rights of Registered Ships and Shipyards of 15. November 1940 (Reichsgesetzbl. I p. 1499).(2) Article 53 (1) Sentences 2 and 3 shall apply accordingly.

Art 54
(non-subject)

Third part
Relationship of the Civil Code to the State laws

Art 55

The private law of the laws of the state does not enter into force, unless in the Civil Code or in this Act

Art 56

The provisions of the state contracts that a federal state with a foreign state before the entry into force of the Civil Code shall remain untouched. closed.

Art 57 and 58
(non-eless)

Art 59

Untouched remains the national legislation on Family fives and toes, with inclusion of the alloweed lehen, as well as of the stock.

Art 60

Untouched remains the countrys regulations, which make the order of a The mortgage, the basic debt or the liability of a pension on a property whose burden is limited in accordance with the provisions referred to in Articles 57 to 59 shall allow the creditor to satisfy the creditor's satisfaction only by means of the

Art 61

The sale or loading of an item in accordance with the rules referred to in Articles 57 to 59 is not permitted or is limited only , the provisions of the Civil Code for the benefit of those who derive rights from non-authorised persons shall be applied to an acquisition which is contrary to those provisions. name="BJNR006049896BJNG037100377 " />

Art 62

Untouched remains the statutory provisions on pensioners.

Art 63

Untouched remain the Statutory provisions governing the right of inheritance, including the right of office and the right of domestic law, in those states in which such rights exist. The provisions of § 1017 of the Civil Code shall apply to these rights.

Art 64

(1) The state-of-the-art regulations on the The right to seizure of agricultural and forestry land and its accessories.(2) The Land Laws may not restrict the right of the deceased to dispose of the Land of Death which is subject to the Anerbenrecht.

Art 65
(omitted)

Art 66

Untouched state regulations that belong to the Deich and Sielrecht laws.

Art 67

(1) The statutory provisions which belong to the Bergrecht remain unaffected.(2) If, according to national law, compensation is to be granted for damage to a land by mining, the provisions of Articles 52 and 53 shall apply unless the laws of the country determine otherwise. name="BJNR006049896BJNG037700377 " />

Art 68

Untouched the state regulations, which are the burden on a property with the hereditary and divestable right to obtain one of the Allow non-underlying Minerals and determine the content of this right. The provisions of § § 874, 875, 876, 1015, 1017 of the Civil Code shall apply.

Art 69

Untouched shall be the statutory provisions relating to hunting and hunting. Fisheries, without prejudice to the provisions of Section 958 (2) of the Civil Code and the provisions of the Civil Code on the replacement of wild damage.

Art 70 to 72
(omitted)

Art 73

Untouched remains the national rules.

Art 74

Untouched remains the country-law rules on forced rights, banner rights and real-trade permissions.

Art 75
(non-member)

Art 76

Untouched is the national regulations that belong to the right of publishing.

Art 77

Untouched the state regulations on the liability of the The State, the municipalities and other local associations (provincial, district, official associations) for the damage inflicted by their officials in the exercise of the public authority entrusted to them, as well as the national provisions governing the law of the If the State or the communal association is liable, it shall not be possible for the official to claim compensation for such damage.

Footnote

Art 77: Am. by G v. 26.6.1981 I 553 acc. BVerfGE v. 19.10.1982 I 1493-2 BvF 1/81-incompatible with Art. 70 GG and therefore void of

Art 78

The state-of-the-art regulations, according to which the officials are responsible for the

-chairmen of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the by G v. 26.6.1981 I 553 acc. BVerfGE v. 19.10.1982 I 1493-2 BvF 1/81-incompatible with Art. 70 GG and therefore void of

Art 79

The state-of-the-art regulations, according to which the state-of-the-art is to be officially established, remain unaffected. Value of land ordered by experts for the damage resulting from a breach of their professional obligations to a greater extent than in accordance with the Civil Code.

Art 80

(1) remain untouched unless a special provision is made in the Civil Code, the statutory provisions governing the assets and liabilities of the officials, the clergy, and the the teacher at public educational establishments from the official or service relationship with the inclusion of the claims of the survivors.(2) The statutory provisions relating to the right to the right to the right shall remain unaffected.

Art 81

Untouched shall remain the statutory provisions governing the transferability of the claims of the persons referred to in Article 80 (1) shall be limited to remuneration, waiting allowances, pensions, widows and orphans, as well as the provisions of national law which, by way of derogation from the provision of section 394 of the Allow civil code.

Art 82

The laws of the state laws on the constitution of such clubs remain untouched, the legal capacity of which is at the state awards ceremony.

Art 83

Unaffected by the law on forest cooperatives.

Art 84

Art 85

Unaffected remains the state-of-the-art regulations, according to which, in the case of § 45 paragraph 3 of the Civil Code, the assets of the dissolved association are If the treasury of a corporation, foundation or institution is subject to public law.

Art 86

Rules governing the acquisition of rights by aliens or by legal entities. Persons who do not have their registered office, head office or principal place of business in the territory of the Federal Republic of Germany (foreign legal persons), restrict or make an authorisation dependent on a permit shall be found in the 30. No more application was made in July 1998. The Federal Government is empowered to restrict the acquisition of rights by foreigners or foreign legal entities by means of a legal regulation with the consent of the Federal Council and to make it subject to the granting of a permit if German and domestic legal persons in the State in question are restricted in the acquisition of rights and foreign policy reasons, in particular the right of remission, require this. Sentence 2 does not apply to foreigners and foreign legal persons from Member States of the European Union.

footnote

Art. 86 Set 2 italic print: Should be properly "dependent on"

Art 87
(dropped)

Art 88
(omitted)

Art 89

Untouched remains the national regulations on the seizure of property for the protection of the land and the products of land, including the provisions on payment of deposit or replacement money.

Art 90

shall remain unaffected by the national legal provisions governing the legal relationships arising from a security performance due to the conduct of a public office or a commercial operation under public law.

Art 91

Unaffected by the state laws, according to which the Treasury, a corporation, a foundation or an institution under public law, or a public institution under the The administration of a public authority is entitled to require the registration of a mortgage on the debtor's land in order to secure certain claims, and on which the registration of the mortgage at the request of a foundation is entitled to request a mortgage. is to be made by a specific authority. The mortgage can only be entered as a backup mortgage; it is created with the entry.

Art 92
(omitted)

Art 93

Untouched shall be the statutory provisions on the time-limits until leased rooms are to be cleared at the end of the lease.

Art 94

(1) The statutory provisions relating to the business operations of the Pfandleihanbroadcasters remain unaffected.(2) The provisions of national law shall remain unaffected, under which public service institutions the right is entitled to issue the objects pledged to them to the person entitled only against payment of the loan granted on the case. name="BJNR006049896BJNG040200377 " />

Art 95
(backable)

Art 96

Untouched remains the national legislation on one with the omission of a The property in connection with the bodywork, the bodywork, the old part or the draft agreement, insofar as they settle the contractual obligation arising from the contract in the event that special agreements are not made. name="BJNR006049896BJNG040400377 " />

Art 97

(1) The laws governing the registration of creditors of the Federal State in a state textbook and the resulting registration of the creditors of the Federal State remain untouched. Legal relationships, in particular the transfer and burden of a book request, are regulated.(2) In so far as a wife is entitled to submit applications on his own behalf in accordance with these provisions, that right shall be excluded if an endorsement is registered in favour of the husband in the debtor's book. Such a notice shall be entered if the spouse or with the consent of the husband requests the registration. The wife is obliged to give consent to the husband if, according to the state of the goods under them, she can only dispose of the booking request with the consent of the husband.

Art 98

The statutory provisions governing the repayment or conversion of interest-bearing government debt, issued for the bearer securities or registered in the State Debt Book, remain untouched. name="BJNR006049896BJNG040600377 " />

Art 99

Untouched state regulations on the public savings banks, without prejudice to the provisions of Section 808 of the Civil Code and the regulations of the Civil code on the filing of coins.

Art 100

Unaffected remain the national regulations, according to which in the case of debt securities to the holder, which is the Federal State or a body, foundation or institution of public law that is affiliated to it:
1.
The validity of the signature depends on the observation of a special form, even if such a determination is not included in the document;
2.
the claim referred to in § 804 (1) of the Civil Code is excluded even if the exclusion in the interest or retirement form is not determined.

Art 101

Untouched state regulations that deviate from the federal state or its entities, foundations and institutions of public law by way of derogation from require the provision of § 806 sentence 2 of the Civil Code to rewrite the debt securities issued by them on the name of a particular beneficiary, as well as the provisions of the national law, which govern the legal relationships resulting from the enrolement of such a bond, including the declaration of power.

Art 102

(1) Untouched shall remain the Statutory provisions relating to the declaration of force and the default of payment in the form of the documents referred to in § 807 of the Civil Code.(2) The statutory provisions which govern the declaration of force of the documents referred to in § 808 of the Civil Code shall remain unaffected by a procedure other than the advent procedure. name="BJNR006049896BJNG041000377 " />

Art 103
(backable)

Art 104

Untouched remains the national legislation on the claim Refund with undue public levies or costs of a procedure.

Art 105

Unaffected remain the national regulations, according to which the entrepre of a Railway operations, or any other company associated with a risk associated with the operation, for the damage resulting from the operation to a greater extent than in accordance with the provisions of the Civil Code.

footnote

Art. Italic pressure: Repeal by § 12 sec. 2 G v. 29.4.1940 I 691 mWv 1.4.1940, to the extent that it concerns the liability of the railways and trams

Art 106

Untouched remains the national regulations, according to which, if one of the public use shall be used for the purposes of an installation or operation which is responsible for the damage caused to the operator of the installation or of the holding in respect of the damage caused by the public use of the land by the installation or the operation is caused.

Art 107

The statutory provisions on the obligation to compensate for the damage caused by the infringement shall remain unaffected by the infringement of the

Art 108

Unaffected remains the statutory provisions on the obligation to compensate for the damage caused by the law of the law.

Art 109

Untouched shall remain unaffected by the state-of-the-art regulations on the withdrawal of public interest Damage to or use of a property, limitation of ownership and withdrawal or limitation of rights. The provisions of Articles 52 and 53 shall apply to the compensation to be granted under national law for such intervention, except where the laws of the country determine another. The statuary regulations cannot determine that a legal transaction for which notarial certification is required is a different form.

Art 110

Untouched The statutory provisions, which, in the event that destroyed buildings are restored in a different location, govern the rights to the land involved.

Art 111

Untouched is the national regulations that restrict the ownership of the property in the public interest.

Art 112

Untouched the national legislation relating to the treatment of land and other assets devoted to a railway or small-railway undertaking, as a unit (railway unit), shall remain applicable to the sale and exposure of such property railway unit or its components, in particular the burden on the holder in the case of the issuing of partial bonds, and the resulting legal relationships and the liquidation for the purpose of satisfaction of the creditors, which are entitled to a separate satisfaction from the components of the railway unit.

Art 113

Untouched shall remain the statutory provisions governing the merging of Land, about the division of the community, the regulation of the ways, the order of the good-rule-peasant conditions as well as about the detachment, conversion or limitation of serviceability and real loads. This shall also apply in particular to the provisions relating to Community matters established by a procedure of this type, or to the acquisition of property, to the justification, modification and cancellation of

Art 114

Unaffected remain the national regulations according to which the state or one of the members of the general government is responsible for the legal requirements of the State or of a Public institution as a result of the order of the good-law-related circumstances or the detachment of serviceability, real-life or redemption rates and other real burdens on their reasoning and on the basis of the Do not require registration.

Art 115

The statutory provisions governing the exposure of a user to a public authority shall not be subject to the registration of the general public. Prohibit or restrict land with certain basic services or limited personal serviceability or with real loads, as well as the statutory provisions governing the content and the extent of such rights.

Art 116

The national regulations referred to in Articles 113 to 115 do not apply to those referred to in § § 912, 916 and 917 of the Civil Code

Art 117

(1) Unaffected remain the state-of-the-art legal system. Provisions which prohibit the loading of a land beyond a certain limit.(2) The statutory provisions which prohibit the burden on a property with an insinable mortgage or basic debt or the exclusion of the owner's right of dismissal in the case of mortgage claims shall remain unaffected. Limit the amount of the basic debt in time and only allow for a shorter period in the case of pension liabilities than the period specified in section 1202 (2) of the Civil Code.

Art 118

National legislation which gives priority to a pension, a mortgage, a basic debt or a pension debt which is granted to the State or to a public institution on the grounds of a loan granted for the purpose of improving the land-loaded land. Allow the property to be exposed to stress. For the benefit of a third party, the provisions of § § 892 and 893 of the Civil Code shall apply.

Art 119

Untouched shall remain the statutory provisions, which are
1.
restrict the divestment of a plot;
2.
the division of a property or the separate divestment of plots that have been managed together so far, prohibit or limit them.

Art 120

(1) The state-of-the-art regulations remain untouched, according to which, in the event of the sale of a part of a property, this part of the property is subject to the burdens of the property. where it is established by the competent authority that the legal amendment is not harmful to the beneficiaries.(2) The statutory provisions shall remain unaffected, under the same condition:
1.
in the case of splitting a plot loaded with a rest load, the rest load is distributed to the individual parts of the plot;
2.
in the case of the cancellation of a right granted to the respective owner of a property on another property, the consent of those who are not required to benefit from the property is not required the property of the authorized person is debited;
3.
in the cases of § 1128 of the Civil Code and of Article 52 of this Law of the Owner Entitlement to compensation is exempted from the right to which a third party is entitled to the claim.

Art 121

Unaffected remain the national regulations, according to which in the case the division of a land subject to a residual load for the State or a public institution shall be subject only to a part of the land with the residual load and, in favour of the respective owner of that part, the remaining parts shall be subject to the

Art 122

The laws governing the rights of the owner of a property on the border shall remain unaffected by the law. or in the case of fruit trees standing on the neighbouring land, by way of derogation from the provisions of Section 910 and Section 923 (2) of the Civil Code.

Art 123

State-of-the-art regulations that grant the right of emergency for the purpose of connecting a property with a waterway or a railway.

Art 124

remain untouched the provisions of national law which subject the ownership of land in favour of neighbours to other restrictions other than those laid down in the Civil Code. This applies in particular to the regulations according to which plants as well as trees and shrubs can only be kept at a certain distance from the boundary.

Art 125

Untouched The provisions of § 26 of the Commercial Code shall remain applicable to railway, steamboat and similar transport undertakings.

Art 126

By Land Law, the property belonging to the State on a property may be transferred to a local association and the property belonging to a local authority on a property may be transferred to another municipal association or to the state. name="BJNR006049896BJNG043400377 " />

Art 127

The state-of-the-art regulations on the transfer of ownership of a property that is not entered in the land register and are not affected by the regulations of the

Art 128

Untouched remains the statutory provisions on the justification and the repeal of a Serviceability on a property which is not registered in the land register and does not need to be registered in accordance with the regulations of the land register.

Art 129

Untouched remain the State-of-the-art regulations according to which the right to appropriation of a property, issued in accordance with Section 928 of the Civil Code, is granted in place of the Treasury of a certain other person.

Art 130

The law on the right to appropriation of any other pigeon affected in the open shall remain untouched.

Art 131

Untouched The provisions of the national law which, in the event that each of the co-owners of a property provided with a building are granted the exclusive use of a part of the building, shall remain closer to the Community Determine the application of § § 749 to 751 of the Civil Code and, in the event of insolvency proceedings on the property of a co-owner, the right to demand the annulment of the Community for the insolvency mass, failure.

Art 132

Untouched state legislation on church building load and school building load.

Art 133

Untouched is the law on the right to use a place in a building dedicated to the public service or at a public funeral site.

Art 134 to 136
(omitted)

Art 137

Untouched remains the national rules on the principles, after those in the cases of § 1376 (4), 1515 (2) and (3), § 1934b (1) and § § 2049 and 2312 of the Civil Code as well as Section 16 (1) of the Land Transport Act in the Bundesgesetzblatt (Part III), outline number 7810-1, published in a revised version, as last amended by Article 2 (22) of the Law of 8. December 1986 (BGBl. 2191).

Art 138

Unaffected by the state laws, according to which in the case of § 1936 of the Civil code in place of the Treasury is a body, foundation or institution of public law legal heritage.

Art 139

Untouched remains the countrary's legal system. Provisions according to which the Treasury or any other legal person, in the event of the estate of a pledged or supported person, is entitled to a law of inheritance, a claim for a compulsory grant or a right to certain things. name="BJNR006049896BJNG044500377 " />

Art 140

Untouched remains the national regulations according to which the estate court also referred to as the law of the law in § 1960, paragraph 1 of the Civil Code Requirements the production of a directory of the estate and until its completion the necessary security measures, in particular the laying down of seals, can or should be ordered by officals.

Art 141 and 142
(omitted)

Art 143

(1) (omitted) (2) Unaffected remain the national regulations according to which it is subject to the dismissal of a Land of simultaneous presence of both parts is not required if the property has been auctioned by a notary and the dismissal is still in the auction date.

Art 144

The laws of the country may stipulate that the Jugendamt may, with the consent of the parent, transfer the county to a legally competent association, which grants permission to do so in accordance with § 54 of the Eighth Book Social Code

Art 145 and 146
(omitted)

Art 147

Untouched remains the national regulations according to which

Art. 148
(omitted)

Art 149 to 151
(omitted)

Art 152

Unaffected by state laws that are not applicable to those under the rules of the Civil Procedure Code Litigation shall determine the operations which result from the effects of the action taken in accordance with the provisions of the Civil Code on the collection of the lawsuit and on the right of justice. To the extent that such rules are missing, the rules of the Code of Civil Procedure shall apply.

Fourth Part
Transitional Rules

Type 153 to 156
(non-conflicting)

Art 157

The rules of the French and the Baden laws on the chosen residence remain for legal relationships that are in accordance with these laws, in force, provided that the place of residence has been chosen prior to the entry into force of the Civil Code.

Art 158 to 162
(non-subject)

Art 163

The legal entities existing at the time of entry into force of the Civil Code will be subject to the provisions of Sections 25 to 53 and 85 to 89 of the Legal Code of the Civil Code. Civil Code Application, unless otherwise indicated in Articles 164 to 166.

Art 164

In force, the national regulations remain in force at the time of the Entry into force of the Civil Code existing real community and similar associations, whose members as such are entitled to use land and forestry land, mills, breweries and similar installations. It makes no difference whether the real community or other associations are legal persons or not, and whether the entitlement of the members is tied to land ownership or not.

Art 165

The regulations of the Bavarian laws, concerning the private legal position of the clubs as well as the acquisition and business companies, remain in force, of 29. April 1869, in the presence of those associations and registered companies, which are based on these laws at the time of the entry into force of the Civil Code.

Art 166

In The provisions of the Saxon law of 15 remain in force. June 1868, concerning the legal persons, in the sight of those persons who have acquired the legal capacity through registration in the register of cooperatives at the time of the entry into force of the Civil Code.

Art 167

In effect, the state-of-the-art regulations governing the scenic or rituals that exist at the time of entry into force of the Civil Code remain in force. Credit institutions.

Art 168

An existing restriction of disposal at the time of entry into force of the Civil Code remains effective, without prejudice to the provisions of the Civil code in favour of those who derive rights from a non-authorized person.

Art 169

(1) The rules of the Civil Code on the statute of limitations are to be found to the claims which arose before the entry into force of the Civil Code and which have not yet been subject to limitation. However, the beginning, as well as the inhibition and interruption of the limitation period, determine the period before the entry into force of the Civil Code in accordance with the previous laws.(2) If the period of limitation according to the Civil Code is shorter than in accordance with previous laws, the shorter period shall be calculated from the date of entry into force of the Civil Code. If, however, the longer period specified in the previous legislation expires earlier than the shorter period specified in the Civil Code, the limitation period shall be completed with the expiry of the longer period.

Art 170

The existing laws remain applicable to a debt ratio that arose prior to the entry into force of the Civil Code.

Art 171

The period of entry into force of the Civil Code shall be determined by the date of entry into force of the Civil Code for the first date for which it is not terminated after the date of entry into force of the Civil Code, for which it shall be subject to the following: before the date of entry into force of the Civil Code.

Art 172

becomes a matter that is at the time of the entry into force of the Civil Code. In the case of a leasing or leasing of the Code, after that period has been sold or subject to a law, the lessee or tenderer shall be entitled to the acquirer of the object or to the right to the rights specified in the Civil Code. Any further rights of the tenderer or tenderer resulting from the previous laws shall remain unaffected, without prejudice to the provisions of Article 171.

Art 173

The entry into force of the Civil Code will, from this period, apply to the provisions of the Civil Code.

Art 174

(1) From the Entry into force of the Civil Code shall apply to the previously issued debt securities to the holder of the provisions of § § 798 to 800, 802 and 804 and § 806 sentence 1 of the Civil Code. However, in the case of non-interest-bearing debt securities, as well as interest in interest, pension and profit-sharing, the current laws remain applicable to the declaration of strength and to the payment freeze.(2) The limitation of claims arising from the debt securities issued prior to the entry into force of the Civil Code shall be determined, without prejudice to the provisions of Section 802 of the Civil Code, in accordance with the previous Laws.

Footnote

Art. 174 para. 1 sentence 2 italic print: Muß right "Zins-, pensions-and profit-sharing certificates" are

Art 175

For interest, pension and profit-sharing certificates, which are based on the The entry into force of the Civil Code for a holder paper issued prior to that time shall be governed by the laws of the same type issued prior to the entry into force of the Civil Code. name="BJNR006049896BJNG047000377 " />

Art 176

The owner of the debentures on the holder does not take place after the Civil Code enters into force. A previous external decision will lose its effect with the entry into force of the Civil Code.

Art 177

From the entry into force of the Civil Code, apply to previously issued documents of the kind referred to in § 808 of the Civil Code, provided that the debtor is only obliged to perform the instrument on performance, the provisions of section 808 (2) sentence 2 and 3 of the Civil Code; and Article 102 (2) of this Act.

Art 178

A procedure pending at the time of the entry into force of the Civil Code, which shall include the declaration of force of a debtor the holder or a document of the kind referred to in § 808 of the Civil Code, or the payment barrier for such a document, shall be dealt with in accordance with the existing laws. According to these laws, the effects of the procedure and of the decision are also determined.

Art 179

Has a claim of a debt ratio in accordance with the previous laws by If registration in a public book becomes effective against third parties, it retains that effect even after the entry into force of the Civil Code.

Art 180

The entry into force of the Civil Code shall apply from that time, without prejudice to Article 191, to the provisions of the Civil Code.

Art 181

(1) The property existing at the time of the entry into force of the Civil Code will apply from this time to the provisions of the Civil Code.(2) If, at the time of the entry into force of the Civil Code, ownership of a case is not subject to a number of fractions, or at that time a special ownership of standing products of a land, in particular of trees, is justified, These rights remain.

Art 182

The floor property existing at the time of the entry into force of the Civil Code remains. The legal relationship of the parties to each other is governed by the laws of the past.

Art 183

For the benefit of a property that is at the time of the entry into force of the civil In the case of a forest law, the laws governing the rights of the owner of a neighbouring land in the sight of the trees and shrubs on the border or on the land of the forest shall remain the law of the country by way of derogation from the law. Determine the requirements of § 910 and § 923 (2) and (3) of the Civil Code until the next rejuvenation of the forest in force.

Art 184

Rights, with which a thing or a Right at the time of the entry into force of the Civil Code, the content and rank resulting from the existing laws shall remain in place unless otherwise indicated in Articles 192 to 195. From the entry into force of the Civil Code, however, the provisions of § 1017, for a basic serviceability, apply to the provisions of § § 1020 to 1028 of the Civil Code for an inheritance law.

Art 185

When the Civil Code enters into force, the meeting of the property or the usufruce of a moving thing is not yet complete, so the It shall apply the provisions of Article 169.

Footnote

Art. 185 italic print: Must be right "of the article"

Art 186

(1) The procedure in which the When the basic books are laid down, and when the land register for a district is to be regarded as being laid out, it is determined for each federal state by means of a state-run regulation.(2) If the land register is to be regarded as a land, the application shall also be considered for those land belonging to the district which do not yet have a leaf in the land register, to the extent that certain land is not subject to special conditions.

Art 187

(1) A basic serviceability, which is at the time when the land registry is to be considered to be applied, requires the preservation of the effectiveness. in relation to the public faith of the basic book, not the registration. However, registration shall be effected if it is requested by the person entitled or by the owner of the land subject to the charge; the costs shall be borne by the person who requires the registration.(2) Landesgesetz (Land Law) may determine that the existing basic services or individual species in order to maintain their effectiveness in relation to the public faith of the basic book when laying down the basic book or later in the land register must be entered. The determination can be limited to single base book districts.

Art 188

(1) By country-by-country decree, it can be determined that legal deposit rights, which are at the time , to which the land register should be regarded as being designed, in order to maintain its effectiveness in relation to the public faith of the Land Registry during a ten-year period not to exceed the date of entry into force of the Civil Code the period shall not be subject to registration.(2) By means of a national regulation, it may be determined that rental rights and lease rights which exist as rights to a property in respect of the time referred to in paragraph 1 in order to maintain the effectiveness in relation to the public faith of the general ledger do not require registration.

Art 189

(1) The acquisition and loss of property, as well as the justification, transfer, loading and cancellation of any other right in a property or of a right to such a right shall also take place after the entry into force of the Civil Code in accordance with previous laws, until the land register is to be regarded as being laid down. The same is true of the change in the content and the rank of rights. A law which is not permissible under the provisions of the Civil Code can no longer be justified after the entry into force of the Civil Code.(2) If, at the time when the land register is to be regarded as being invested, the owner is registered in the land register as the person entitled, thus finding a permissible meeting, which has not yet been completed at that time, in accordance with Section 900 of the Civil Code. Rules laid down in Article 169.(3) The repeal of a law with which a property or a right to a property is charged at the time to which the land registry is to be regarded as being applied shall also be effected after that period according to the previous laws until the right to the

Art 190

The appropriation right granted to the Treasury pursuant to section 928 (2) of the Civil Code extends to all the land that is herrenelated at the time. to which the land register is to be considered as being laid out. The rule set out in Article 129 shall apply.

Art 191

(1) The previous laws on the protection of the property of a basic service or of a limited personal Serviceability can also be applied after the entry into force of the Civil Code until the land register for the loaded land is to be regarded as being laid out.(2) From the time at which the land register is to be regarded as being laid down, the protection of the exercise of a basic service connected with the holding of a permanent installation shall be deemed to constitute the provisions of the civil service applicable to the protection of the property. In the case of an application under Article 128 or Article 187 for the purposes of preserving the effectiveness of the public faith of the basic book, such application shall not be subject to registration. The same shall apply to basic services of a different nature, subject to the proviso that the property protection is only granted if the serviceability has been exercised at least once in each of the three last years preceding the disturbance. name="BJNR006049896BJNG048600377 " />

Art 192

(1) One at the time when the land registry is to be considered to be a land-based lien is considered to be a mortgage for which the mortgage is Issue of the mortgage briefs is excluded. If the amount of the claim for which the lien is made is not determined, the lien shall be deemed to be a backup mortgage.(2) If the lien is limited to the fact that the creditor can only seek satisfaction from the property by way of forced administration, this restriction shall remain.

Art 193

By National law may be determined that a lien which, under Article 192 does not qualify as a collateral mortgage, should be considered as a mortgage or a mortgage for which the issue of the mortgage briefs is not excluded, and that a document issued via the lien is to be considered as a mortgage letter.

Art 194

State law may determine that a creditor, whose lien on the basis of the provisions of Article 192 thereof, time, the erasure of an in-place or equivalent lien, if it is combined with the property in one person, shall be entitled to demand in the same way as if to secure the right to Deletion of a note in the land register.

Art 195

(1) One at the time when the land register is to be considered to be invested, the basic guilt shall be valid from that time as a basic debt within the meaning of the Civil Code, and a certificate issued on the basis of the basic debt as a basic debt. The provisions of Article 192 (2) shall apply mutatily.(2) Landesgesetz (Land Law) may determine that a basic debt of the period referred to in paragraph 1 shall be considered as a mortgage for which the issue of the mortgage briefs is not excluded or as a backup mortgage and that: a certificate issued via the basic debt shall be considered as a mortgage letter.

Art 196

By country law, it can be determined that a hereditary and/or a property existing on a property is transferable right of use the provisions relating to land and to the acquisition of such a right shall apply to the provisions of the Civil Code applicable to the acquisition of property in a property.

Art 197

In effect, the state regulations, according to which a lot of such plots of land are viewed in view of the date of entry into force of the Civil Code, remain in force. , after the termination of the right of use, a right of the same kind can be reestablished after the termination of the right of use and the landlord is obliged to do so on the grounds of the right of use. name="BJNR006049896BJNG049200377 " />

Art 198

(1) The validity of a marriage concluded prior to the entry into force of the Civil Code is governed by the laws that have been applied to date.(2) A marriage which is void or invalid in accordance with the previous laws shall be deemed to be valid from the beginning if the spouses are still living together as spouses at the time of entry into force of the Civil Code and the reason on which the spouse is In accordance with the provisions of the Civil Code, invalidity or invalidity shall not result in the invalidity or invalidity of the marriage, or would have lost that effect. The deadline set for the appeal in the Civil Code does not begin before the entry into force of the Civil Code.(3) The declaration of invalidity of a marriage according to the previous laws is the same as the declaration of invalidity according to the Civil Code.

Art 199

The personal The legal relations between the spouses, in particular the mutual maintenance obligations, are also determined by the provisions of the law which exist at the time of the entry into force of the Civil Code.

Art 200

(1) The existing laws remain applicable to the state of the goods of a marriage existing at the time of the entry into force of the Civil Code. This also applies in particular to the rules on the erratic effects of the stock of goods and the provisions of the French and the Baden laws on the procedure for the loss of assets under spouses.(2) A regulation of the status of goods allowed under the provisions of the Civil Code may be made by means of a marriage contract even if a marriage contract would be inadmissible in accordance with the laws of the previous law.(3)

Art 201

(1) The divorce and the annulment of the marital community shall take place from the entry into force of the Civil Code according to the rules of the Civil Code.(2) (omitted)

Art 202

For the effects of a steady or temporary separation of the table and bed that were detected before the Civil Code came into force , the existing laws remain authoritative. This also applies, in particular, to the provisions according to which a separation in all or individual relationships of the dissolution of marriage is equivalent to the death of one of the spouses.

Art 203

The legal relationship between the parents and a marital child born before the Civil Code enters into force is determined by the entry into force of the Civil Code, according to its rules. name="BJNR006049896BJNG049800377 " />

Art 204 to 206
(backstop)

Art 207

To what extent the children are from a before the entry into force of the Civil Code To the extent that the father and mother have the duties and rights of married parents, they are determined in accordance with the laws of the past.

Art 208

(1) The legal status of a non-helike child born before the Civil Code enters into force is determined by the entry into force of the Civil Code according to its regulations; for the study of fatherhood, for the right of the child to lead the family name of the father, as well as for the maintenance of the father, however, remain the previous laws authoritative.(2) To what extent a child extramarital before the entry into force of the Civil Code has the legal status of a marital child for a particular reason, in particular because of production in the bridal stand, and to what extent the father and the mother of such a child has the duties and rights of married parents, determined according to the previous laws.(3) The provisions of paragraph 1 shall also apply to a child recognised in accordance with the French or Baden laws.

Art 209

To what extent a child before the entry into force of the Civil The legal status of a child who is legitimate or has been taken in place of a child, has the legal status of a marital child and the extent to which the father and mother have the duties and rights of married parents is determined according to the previous laws.

Art 210

(1) A guardianship or a parish existing at the time of the entry into force of the Civil Code from this time to the rules of the Civil Code Law-book application. If the guardianship is ordered because of a physical frailty, it shall be deemed to be a plea arranged in accordance with section 1910 (1) of the Civil Code. If the guardianship is ordered because of the weakness of the spirit, without a discharge being made, it shall be deemed to be a pledge ordered pursuant to section 1910 (2) of the Civil Code for the property affairs of the mentally retarded.(2) The previous premors and caregivers remain in office. The same applies within the scope of the Preußische Vormundschaftsordnung of 5. July 1875 for the Family Council and its members. A counterguardian is to be dismissed if a counter-guardian would not have to be ordered according to the provisions of the Civil Code.

Art 211
(non-eless)

Art 212

In force, the state regulations remain in force, according to which certain securities are declared suitable for the filing of Mündelgeld.

Art 213

If the deceased died prior to the entry into force of the Civil Code, the current laws will remain the decisive factor for the erbrechtlichen ratios. This also applies in particular to the rules on hereditary winding-up proceedings.

Art 214

(1) The establishment of the Civil Code prior to the entry into force of the Civil Code, or Cancellation of a disposition of death due to death is judged according to the previous laws, even if the deceased dies after the entry into force of the Civil Code.(2) The same shall apply to the binding of the deceased in the case of an inheritance contract or a Community testament, provided that the contract of inheritance or the will has been established prior to the entry into force of the Civil Code. name="BJNR006049896BJNG050700377 " />

Art 215

(1) Who, before the entry into force of the Civil Code, has acquired the ability to establish a disposition of death and has built such a disposition, retains the Ability, even if it has not yet reached the age required by the Civil Code.(2) The provisions of Section 2230 of the Civil Code shall apply to a testament established prior to the date of the entry into force of the Civil Code.

Art 216
(backable)

Art 217

(1) The creation of a before the Civil Code came into effect Inheritance and the effects of such a contract shall be determined in accordance with the laws of the past.(2) The same shall apply from a contract concluded prior to the entry into force of the Civil Code, which repeals an inheritance history contract.

Art 218

To the extent that: The provisions of this Section shall be governed by the laws of the State, which may be amended by the State Act after the entry into force of the Civil Code.

Part Five
Transitional provisions arising from recent changes to the Civil Code and this Introduction Act

Art 219
Transitional provision to the Law of 8. November 1985 on the reorganization of agricultural leasing rights

(1) Pachtratios under contracts which are before 1. According to the new version of § § 581 to 597 of the Civil Code, the new version of the German Civil Code is due to be closed in July 1986. If contractual provisions relating to the inventory are based on applicable law, then each part of the contract shall have the right to do so by the time of the 30. It was to be declared in June 1986 that the old law would continue to apply to the lease. The declaration shall be submitted to the other part of the contract. It shall require the written form.(2) Paragraph 1 shall apply in accordance with legal relationships to which the provisions of § § 587 to 589 of the Civil Code are referred to until now. However, in connection with § § 588 and 589 of the Civil Code, it is still necessary to continue to apply Section 1048 (2) of the Civil Code in the version of the provisions currently in force on a day before the date referred to in the first sentence of paragraph 1.(3) In court proceedings which are pending at the beginning of the day referred to in the first sentence of paragraph 1, it is necessary to decide on the extension of lease contracts under the law applicable to date.

Art 220
Transitional provision to the law of 25. July 1986 for new rules on private international law

(1). The current international private law shall remain applicable to operations completed in September 1986.(2) The effects of family law relationships shall be subject to the provisions of the second chapter of Part One of the day referred to in paragraph 1.(3) The amicable effects of marriage, according to the 31. March 1953 and before 9. The European Parliament and the Council of the European Union shall be subject to the following conditions: April 1983
1.
the law of the State to which both spouses belongeted in the marriage, otherwise
2.
the right to which the spouses have assumed or from the application of which they are based, in particular after which they have concluded a marriage contract,
3.
the law of the State to which the husband was a member of the marriage.
For the period after the 8. Article 15 is to be applied in April 1983. In the case of marriages to which first sentence 1 (3) has been applied, the date of marriage of the 9 shall be replaced by the date on which the marriage is to be made. April 1983. To the extent that a change of the law applicable to the expiry of the 8. In the event of a claim for termination of the earlier stock of goods, they shall be deemed to be stranded until the date referred to in paragraph 1. On the amicable effects of marriage, according to the 8. Article 15 is to be applied in April 1983. The amicable effects of marrials, which are before the 1. The spouse may, however, have a choice of law pursuant to Article 15 (2) and (3).(4) (dropped) (5) (dropped)

Art 221
Transitional provision to the law of 26. June 1990 on the amendment of the Labour Court Act and other labour law provisions.

In the case of the calculation of the duration of employment, the period between the completion of the twenty-fifth year of employment and the completion of the thirty-fifth year shall also be taken into account in the calculation of the duration of employment, if at 1. July 1990
1.
the work relationship is not finished or
2.
a legal dispute over the time of termination of the work relationship is pending.

Art 222
Transitional Rule Law of Announcement of 7. October 1993

On a pre-15 Article 1 of the Termination Freeze Act of 7 October 1993 is applicable. October 1993 (BGBl. I p. 1668), if at the 15. October 1993
1.
The employment relationship has not yet been completed and the provisions of Article 1 of the Decree-law of the 7th October 1993 for the worker more favourable than those before the 15. Or
2.
is pending a legal dispute in which the decision on the date of termination of the Employment relationship depends on
a)
the provision of § 622 (2) sentence 1 and second sentence 2 of the first half-sentence of the Civil code in the version of Article 2 (4) of the First Labour Law Unification Act of 14. August 1969 (BGBl. 1106) or
b)
the provision of the first sentence of § 2 (1) of the Act concerning the deadlines for the termination of employees ' notice in the Federal Law Gazproc, Part III, Division number 800-1, published in a revised version, most recently by Article 30 of the Law of 18. December 1989 (BGBl. 2261), provided that the employment of, as a rule, more than two employees by the employer is a prerequisite for the extension of the time limits for the denunciation of employees
name="BJNR006049896BJNG051500377 " />

Art 223
Transitional provision to the law of the 4. December 1997

(1) Existing legal obligations under § § § 1706 to 1710 of the Civil Code will be published on the 1st of December 1997. July 1998 on contributions pursuant to § § § 1712 to 1717 of the Civil Code. The former service provider will be able to help. The task price of the assistance is equal to the previous task price; from 1. In January 1999, other tasks other than those referred to in Article 1712 (1) of the Civil Code were taken away. This does not apply to the handling of current erbrechtlicher procedures in accordance with § 1706 No. 3 of the Civil Code.(2) In so far as the Jugendamt has been assigned tasks pursuant to Section 1690 (1) of the Civil Code, these counties shall be 1. July 1998 on contributions pursuant to § § § 1712 to 1717 of the Civil Code. The third sentence of paragraph 1 shall apply accordingly. Other counties of the Youth Welfare Office end on 1. July 1998.(3) In so far as other councils have been assigned tasks as youth offices in accordance with Section 1690 (1) of the Civil Code, these counties shall be 1. July 1998 on contributions pursuant to § § § 1712 to 1717 of the Civil Code. The first sentence of the third sentence of paragraph 1 shall apply accordingly. These councils will end on 1 January 2015. January 1999.

Art 223a
Transitional provision on the occasion of the repeal of § 419 of the Civil Code

§ 419 of the Civil Code is in its up to the end of the 31.

Art 224
Transitional provision on the Child Rights Reform Act of 16 December 1998, which will apply until this date.

Art 224
December 1997

Non-official table of contents

§ 1 descent

(1) Fatherhood with regard to one prior to the 1. The child born in July 1998 is governed by the provisions of the previous legislation.(2) The challenge of respect for the recognition of fatherhood and the challenge of recognition of fatherhood are governed by the new rules on the challenge of fatherhood.(3) § 1599 (2) of the Civil Code shall be applicable to children born before the date referred to in paragraph 1.(4) If, before the date referred to in paragraph 1, the child was denied the right to challenge the child on the grounds that he had not been subject to the law, or did not make use of it in advance of his right of challenge, because it was before the completion of the The day referred to in paragraph 1 shall commend for the child a two-year period for the challenge of fatherhood. If a ruling has been dismissed due to a failure to comply with the deadline or due to a lack of a statutory counterparty, the legal force of that decision shall not be contrary to a new action.(5) The child's appeal, which is entitled to a complaint under new law, does not preclude the effectiveness of an order by which the guardianship court has established paternity in accordance with the provisions in force until now. The notice of appeal begins at the earliest on 1. July 1998. Non-official table of contents

§ 2 Parental Concern

(1) If a child has been declared to be married at the request of the father, this shall be taken as a decision in accordance with § 1671 (2) of the Civil Code. If the mother has consented to the Ehelichdeclaration, the father shall remain committed to the child and his/her descendants before the mother and the maternal relatives for the grant of the maintenance, unless the concern is transferred to the mother again.(2) If a child has been declared at his request after the death of the mother for ehelich, this is to be regarded as a decision in accordance with § 1680 (2) sentence 2 of the Civil Code.(3) to (5) (dropped) unofficial table of contents

§ 3 name of the child

(1) leads one before 1. July 1998 born child a birth name, so it retains this birth name. § 1617a (2) and § § 1617b, 1617c and 1618 of the Civil Code remain unaffected.(2) § 1617 (1) and § 1617c of the Civil Code apply to one after the 31. March 1994 born child even if one before 1. The child of the same parent, born in April 1994, leads a birth name composed of the names of the parents.(3) In the cases referred to in paragraph 2, the parents may, by means of a declaration to the registry officer, also be able to name the compound name, which is before the 1. April 1994 born child as birth name, to the birth name of her after the 31. Children born in March 1994. The provision must be effective for all common children; § 1617 para. 1 sentence 2 and 3 as well as § 1617c para. 1 of the Civil Code apply accordingly.(4) In the cases referred to in paragraph 2, the following shall apply to that after the 31. In the case of a child born in March 1994, when these provisions enter into force, a name is entered in a German civil register, the child shall retain the registered name as the birth name. However, parents may, within one year of the entry into force of this provision, be entitled to the birth name of the person before the 1. April 1994 born child to the birth name also of the after the 31. Children born in March 1994. The second sentence of paragraph 3 shall apply accordingly.(5) If, on the date of entry into force of this provision, a child has a name compiled from the names of the parents as the name of birth, if a child is entered in a German civil register, the parents may, by means of a declaration to the registry officer, give the name, the name and the name of the child. the father or the mother, at the time of the declaration, shall determine the birth name of that child. The second sentence of paragraph 3 shall apply accordingly. If the parents have already determined the name of the father or the name of the mother as the birth name of one of their common children, only that name can be determined for the other common children.(6) Paragraphs 3 to 5 shall not apply if more than one before 1. Children of the same parents born in April 1994 have different birth names.

Art 225
Overline provision on housing modernisation assurance law

Article 231, Section 8 (2) is not if you are before the 24. The Court held a final judgment on the stock of the contract, or an effective agreement was concluded in July 1997. Article 233 § 2 (2), § 11 (3) sentence 5 and (4) sentence 3 and § 13 and 14 as well as Article 237 § 1 shall not apply, as far as the 24. A final judgment was issued in July 1997, in view of the legal conditions referred to therein, or an agreement was reached by the parties involved.

Art 226
The transfer rule to the law of 4. May 1998 for the reorganization of the right of marriage

(1) The repeal of one before 1. The marriage is excluded if the marriage cannot have been annulled or annulled in accordance with the law in force until that date.(2) Is before the 1. The Court of Justice of the European Parliament and of the Council of the European Parliament, of the European Parliament, of the European Parliament and of the Council of the European Parliament, of the European Parliament, of the Council of the European Union, of the European Parliament and of the Council of the European Parliament,(3) For the rest, please refer to the before 1. In July 1998, the rules laid down in the legislation were closed in their first place.

Art 227
Transitional provision on the law on the non-marital equality of non-marital children of 16 July 1998. December 1997

(1) Die bis zum 1. The rules applicable to the inheritance of the non-helike child shall continue to apply if, before that date,
1.
the testator has died or
2.
an effective agreement is reached on the inheritance compensation or the
() If an inheritance compensation has not been reached, payments made by the father to the child with a view to the settlement of the inheritance and not recalling shall apply to the child's compensation. Regulations of § 2050 bs. 1, § 2051 (1) and § 2315 of the German Civil Code.

Art 228
Transitional provision to the transfer law

(1) § § 675a to 676g of the Civil Code shall not apply to credit transfers, transfer and payment contracts, with the processing of such contracts before the 14. It was started in August 1999.(2) § § 675a to 676g do not apply to domestic transfers and transfers to other countries other than those referred to in section 676a (2) sentence 2 of the Civil Code, with the settlement of these countries before the 1. It was started in January 2002. These transfers shall be subject to the rules and principles applicable up to that date.(3) § § 676a to 676g do not apply to domestic transfers within the framework of the pension payment procedure of the pension insurance institutions and comparable domestic transfers of other social insurance institutions.(4) § § 676a to 676g of the Civil Code is without prejudice to the provisions of international treaties, in particular the Postal Agreement and the Postanstruction Agreement.

Art 229
Other Transfer Rules

(omitted) unofficial table of contents

§ 1 Provisions of the law on acceleration

(1) § 284 (3) of the Civil Code, which has been in force since 1 January 2008. The text in force May 2000 also applies to requests for money that have arisen prior to that date. Invoices received prior to this date do not dissolve the effects of Section 284 (3). § 288 of the Civil Code and § 352 of the Commercial Code in each of them since the first one. The text of the Directive shall apply to all claims which shall be due from that date.(2) § § 632a, 640, 641, 641a and 648a, in each of the 1. Unless otherwise specified, the version in force of May 2000 shall not apply to contracts concluded before that date. Section 641 (3) and section 648a (5) sentence 3 in the first sentence of the first paragraph of this article. May 2000 shall also apply to previously concluded contracts. § 640 applies to such contracts with the proviso that the course of the period specified therein does not take place until the first time the 1. May 2000 begins. Non-official table of contents

§ 2 Transitional rules to the law of 27. June 2000

§ § 241a, 361a, 361b, 661a and 676h of the Civil Code shall apply only to facts which are to be found after the 29. They were created in June 2000. Non-official table of contents

§ 3 Transitional provisions on the law to restructure, simplify and reform the rental right of 19. June 2001

(1) The lease or lease ratio is
1.
in the case of one before the 1. § 554 para. 2 no. 2, § § 565, 565c sentence 1 no. 1b, § 565d para. 2, § 570 of the Civil Code as well as § 9 para. 1 of the law governing the level of the rent in each case in the version valid up to this date to apply;
2.
in the case of one before the 1. 1 September 2001, or of a declaration of tenderers committed before that date, Sections 2, 3, 5, 7, 11 to 13, 15 and 16 of the law governing the level of the rent in the version currently in force until that date in addition to the date referred to in the first sentence of the first subparagraph of Article 7 (1) to (3) of the Law on the Regulation of the Level of Miethöhe in the version valid up to that date, insofar as these are rental conditions in the sense of § 7 (1) of that law;
3.
in the case of one before the 1. 4.
4.
4.
4.
4.
style="font-weight:normal; font-style:normal; text-decoration:none;"> in case of a pre-1. 5.
5.
5.
5.
5.
5.
in the case of the death of the tenderer or guardian, § § 569 to 569b, 570b para. 3 and § 594d para. 1 of the Civil Code in the up to 1. However, if the tenants or tenants have died before that date, in the event of the cancellation of a tenancy relating to accommodation in relation to the heir, only if the declaration of termination of the contract is also to be applied to the Inherited inherit before this time;
6.
in case of one before 1. Report on the implementation of modernisation measures § 541b of the Civil Code in the version applicable up to that date;
7.
with respect to the due date § 551 of the Civil Code in the up to 1. 2).
(2) A 1. The tenancy agreement of September 2001 within the meaning of Section 564b (4) (2) or (7) (4) of the Civil Code in the period up to 1. The current version of the Directive may be amended until 31 September 2001. In accordance with § 564b of the German Civil Code, in the above-mentioned version, it will be terminated in August 2006.(3) On 1. § 564c in conjunction with § 564b as well as § § 556a to 556c, 565a (1) and § 570 of the Civil Code shall be applied in the version valid up to this date.(4) On 1. September 2001, where the operating costs are included in the rent in whole or in part, should be applied in accordance with Section 560 (1), (2), (5) and (6) of the Civil Code due to increases in operating costs, to the extent that in the case of Lease agreement is agreed that the tenant has to pay increases in the operating costs; in the case of reductions in operating costs, § 560 (3) of the Civil Code applies accordingly.(5) On a rental mirror that is before the 1. Under the conditions laid down in Article 558d (1) and (2) of the Civil Code, the rules on qualified rental mirrors shall apply if the municipality is to comply with the provisions of Article 558d (1) and (2) of the Civil Code. The report was published in September 2001 as such. If the rental mirror had already been published before this date, it is sufficient if the municipality later referred to it publicly as a qualified rental mirror. In any case, Section 558a (3) and § 558d (3) of the Civil Code shall not apply to the claims for rent granted to the lessee prior to this publication.(6) A leased living space located in an area located on the basis of
1.
of § 564b para. 2 no. 2, also in connection with No. 3, the Civil Code in the up to 1. The law on a social clause in areas with a vulnerable housing provision of 22 September 2001, or
2.
of the law on social clause April 1993 (BGBl. I p. 466, 487)
, which is determined at 31. The provisions on restrictions on the right of dismissal of the landlord to 31 August 2001 referred to above shall apply. Continue to apply in August 2004. One on 1. The deadline of September 2001 of a period in accordance with the provisions referred to above shall be taken into account in accordance with Article 577a of the Civil Code. § 577a of the Civil Code, however, is not applicable in the event of a termination of the acquirer pursuant to Section 573 (2) (3) of that Act, if the divestiment before the 1. The apartment has not been located in an area referred to in the first sentence of September 2001.(7) § 548 (3) of the Civil Code shall not apply if the independent evidence procedure is before the 1. The Commission has been requested to do so.(8) § 551 (3), first sentence, of the Civil Code shall not apply if the rate of interest before the first subparagraph is 1. It was excluded from the contract by contract in January 1983.(9) § 556 (3) sentences 2 to 6 and § 556a (1) of the Civil Code are not to be applied to accounting periods prior to the 1. The report was completed in September 2001.(10) § 573c (4) of the Civil Code shall not apply if the periods of notice before the 1. The European Parliament and the Council have agreed on the following: For dismissals starting from 1. This shall not apply if the periods of notice of dismissal of Section 565 (2), first sentence, and 2 of the Civil Code in the period up to 1 May 2005 are not applicable. The General Terms and Conditions of Business have been agreed upon in September 2001.(11) Not unreasonably high in the sense of § 5 of the Economic Criminal Law 1954 are charges for housing within the meaning of § 11 para. 2 of the Act to regulate the height of the rent in the up to the 31. August 2001,
1.
up to 31 December 2001. December 1997 according to § 3 or § 13 of the law governing the level of the rent in the up to 31 December 1997. In accordance with Section 13 of that Act, the version in force in force until 31 August 2001 was amended or in accordance with § 13 of the law in force until 31 As agreed in August 2001, or
2.
agreed upon re-renting at a level corresponding to paragraph 1
. For the purposes of the first sentence, the provisions referred to above shall continue to apply. Non-official table of contents

§ 4 Transitional provision to the Second Law on the Change of Mature Law

(1) § § 651k and 651l of the Civil code is in its since 1. shall apply only to contracts concluded after that date.(2) By way of derogation from Section 651k (2) sentence 1 of the Civil Code, the following liability limits apply for the following periods.
1.
from 1. 1 November 1994 to 31 December 1994 October 1995 70 million Deutsche Mark,
2.
from 1. 1 November 1995 to 31 December 1995 October 1996 100 million Deutsche Mark,
3.
from 1. 1 November 1996 to 31 December 1996 October 1997 150 million Deutsche Mark,
4.
of 1. November 1997 to 31 December 1997 October 2000 200 million Deutsche Mark and
5.
from 1. November 2000 to 1. September 2001 110 million euro.
unofficial table of contents

§ 5 General transfer rule for the law on the modernisation of the Debt law of 26 November 2001

On the basis of debt, which was before 1. The Civil Code, the AGB Act, the Commercial Code, the Consumer Credit Act, the Fernabsatzgesetz, the Law on Distance Law, the Law on the Revocation of Doorstep Shops and the like are the result of the January 2002 issue. Shops, the part-time residential rights law, the regulation on customer information requirements, the regulation on information obligations of tour operators and the regulation on the main defects and guarantee periods in the livestock trade, unless a shall apply in the version valid up to that date. The first sentence shall apply to permanent debt ratios provided that the laws referred to in the first sentence of paragraph 1 are replaced by the provisions of the first sentence of the first subparagraph. In January 2003, only the Civil Code, the Commercial Code, the Law on Distance Education and the Regulation on Information Obligations under civil law are to be applied in the version then in force. Non-official table of contents

§ 6 Inheritance law of the statute of limitations under the Law on Modernization Of Debt of 26. November 2001

(1) The provisions of the Civil Code on the statute of limitations in the since 1. The text of the Directive, which is in force on this date and which has not yet been published, shall apply in January 2002. However, the beginning, the inhibition, the flow inhibition and the new beginning of the limitation period are determined for the period prior to the 1. January 2002, in accordance with the Civil Code, in the version up to that date. If at the end of the 31. December 2001, a circumstance occurs in the presence of the Civil Code in the prior to the 1. 1 January 2002, In the event of an interruption of the limitation period, which occurred in January 2002, or if it is deemed to have been effected, the Civil Code shall be deemed to have been in force before 1 January 2002. The Commission shall apply in force in January 2002.(2) Insofar as the provisions of the Civil Code have been in force since 1 January 2008. As amended in January 2002, the period of limitation shall be replaced by an interruption of the period of limitation following the applicable provisions of the Civil Code in the preceding 1. 1 January 2002. January 2002 and 31 January 2002. The Commission has not yet concluded that it has completed the 31 December 2001 deadline. December 2001, and the new statute of limitations is at the beginning of the first year. January 2002.(3) Is the limitation period in accordance with the Civil Code in the since 1. The date of expiry of the period in force until that date is longer than that in force until that date, the period of limitation shall be the expiry of the time limit laid down in the Civil Code in the version valid up to that date. completed.(4) Is the statute of limitations according to the Civil Code in the since the 1. The shorter time limit of 1 January 2002, which is shorter than in accordance with the Civil Code, in the version currently in force until that date, will be shorter than 1 January 2002. 1 January 2002. However, if the period laid down in the Civil Code in the version valid up to that date is longer than the period laid down in the Civil Code in the time limit which has been in force since that date, the limitation period shall be the expiry of the period laid down in the Civil Code in the version in force. in the Civil Code, in the time limit applicable up to that date.(5) The above paragraphs shall apply in accordance with time limits which are relevant to the assertion, acquisition or loss of a right.(6) The above paragraphs shall apply in accordance with the time limits laid down in the Commercial Code and the Transformation Act. unofficial table of contents

§ 7 rules on the transfer of interest rules under the law on the modernization of the guilt law of the 26. November 2001

(1) Insofar as it is the reference for interest and other benefits in federal legislation in the field of civil law and procedural law of the courts, in national law reserved under this law and in Enforceable titles and contracts shall be used on the basis of such provisions, with effect from 1. January 2002
1.
to replace the base interest rate in accordance with the discount rate transfer law of 9 January 2002. June 1998 (BGBl. 1242) of the basic interest rate of the Civil Code,
2.
to the position of the discount rate of the Deutsche Bundesbank of the base interest rate (§ 247 of the Civil Code). code),
3.
to the point of interest rate for the federal government of the federal government of 1.5 percentage points higher basic interest rate of the Civil Code,
4.
to replace the Deutsche Bundesbank's Lombard rate at the rate of the European Central Bank's top refinancing facility (SRF interest rate),
5.
in place of the "Frankfurt Interbank Offered Rate" for the procurement of one-and twelve-month money from first addresses on the German market on its since the 2. The "EURO Interbank Offered Rate" for the procurement of one-to twelve-month-money of first addresses in the participating countries of the European Monetary Union (EURIBOR-phrases) for the corresponding Runtime,
6.
to the location of the "Frankfurt Interbank Offered Rate" rate for the procurement of daily money ("Overnight") from first addresses on the German market ("FIBOR-Overnight"-Set) of the "EURO Overnight Index Average"-Set for the procurement of daily money ("Overnight") of first addresses in the participating countries of the European Monetary Union (EONIA set) and
7.
when using the "Frankfurt Interbank Offered Rate" sets for the money procurement of first addresses on the German market on its since the 12. August 1985 applicable (FIBOR-alt-rates)
a)
to the FIBOR-alt-rate for three-month money the EURIBOR rate for three-month money multiplied by the number of days of each three-month period and divided by 90,
b)
to the point of the FIBOR-old-rate for six-month money of the EUR-IBOR rate for six-month money multiplied by the number of days of the respective six-month period and divided by 180 and
c)
if a Adjustment of the provisions relating to the calculation of subyear interest rates in accordance with § 5, first sentence, No. 3 of the Law on the conversion of debt securities to the euro of 9. June 1998 (BGBl. 1242, 1250), to the point of all FIBOR-old rates the EURIBOR rates for the corresponding period
Sentence 1 (5) to (7) shall not apply to periods of interest, which are to be applied to one before the end of the 31. The FIBOR record, which was established in December 1998, remains with the FIBOR rates agreed at the beginning of the period of the Zin period. As far as interest for a period before the 1. A reference to the base interest rate shall be referred to the discount rate of the Deutsche Bundesbank in the amount determined during this period. The replacement of interest rates regulated in the above sentences does not constitute a claim for early dismissal, unilateral termination or amendment of contracts and amendment of enforcement titles. The right of the parties to amend the contract by mutual agreement shall remain unaffected.(2) For the period before the 1. January 2002 is the discount rate-transfer law of 9 January 2002. June 1998 (BGBl. 1242) and the legal regulations adopted on its basis in the version valid up to that date.(3) A change in the base rate of interest pursuant to Section 247 (1) sentence 2 of the Civil Code shall be made for the first time at 1. January 2002.(4) The Federal Government is authorized to do so by means of a regulation with the consent of the Federal Council
1.
Reference quantity for the base interest rate in accordance with § 247 of the Civil Code and
2.
the SRF interest rate as a substitute for the Lombard rate of the Deutsche Bundesbank
by to replace a different interest rate of the European Central Bank, which is more in line with the base interest rate, the interest rate it replaced and the Lombard rate in its function as the reference value for interest rates. Non-official table of contents

§ 8 Transitional provisions on the Second Act amending the statutory provisions of 19 December 2008. July 2002

(1) The provisions of the Second Act to modify the law of the law in the
1.
Medicines Law,
2.
Civil Code,
3.
Bundesberggesetz,
4.
Road Traffic Act,
5.
Liability Law,
6.
Aviation Law,
7.
Bundesdatenschutzgesetz,
8.
Gentechnikgesetz,
9.
Product Liability Law,
10.
Environmental Liability Act,
11.
Handelsgesetzbuch,
12.
Bundesgrenzschutzgesetz,
13.
Federal Social Assistance Act,
14.
The law on the retribution of crew damage,
15.
atomic law,
16.
federal supply law,
17.
Compulsory insurance law and
changed regulations in the air traffic permit order, with the exception of the provisions of Article 1 (2) of the Second Law amending § 84a of the Medicines Act and the amended § 88 of the Medicinal Products Act, as amended by Article 1 (4) of the Second Law amending the Law on the Protection of Medicinal Products, if the damaging event after the 31. The European Parliament and the Council(2) § 84a of the Medicines Act, which is inserted by Article 1 (2) of the Second Act amending the law on amending the law, shall also apply to cases in which the harmful event before the 1. The Court held that, unless the claim for damages was determined by a final judgment at the time, or if the drug user and the marketing authorisation holder had agreed on the damages, the following occurred in August 2002.(3) Paragraph 88 of the Medicinal Products Act, as amended by Article 1 (4) of the Second Act amending the law on the protection of property, is to be applied only to cases where the harmful event after 31 years of age has been amended. The European Parliament and the Council Non-official table of contents

§ 9 override rule to the OLG representative change act of 23. July 2002

(1) § § 312a, 312d, 346, 355, 358, 491, 492, 494, 495, 497, 498, 502, 505 and 506 of the Civil Code in der since 1. August 2002, unless otherwise specified, are only applicable to
1.
HaustürStores, which is after the 1. They have been completed in August 2002, including their resettlement and
2.
other debt ratios that are after the 1.
, in accordance with Article 355 (3) of the Civil Code as referred to in the first sentence, it is also necessary to apply to door-to-door transactions, which shall be published in accordance with the provisions of the 31 December 2002. , including their resettlement, have been completed in December 2001.Section 355 (2) shall also apply in the version referred to in the first sentence of paragraph 1 to contracts which have been concluded before that date, if the necessary information on the right of revocation or return has been issued after that date. . Non-official table of contents

§ 10 Code of transfer to the law amending the rules on the challenge of fatherhood and the right of access of the child's reference persons, the registration of pension schemes and the introduction of forms for the remuneration of professional caregivers of 23. April 2004

In the case of the dispute pursuant to Section 1600 (1) (2) of the Civil Code, the deadline for the appeal in accordance with § 1600b (1) of the Civil Code does not begin before the 30. April 2004. Non-official table of contents

§ 11 Code of transfer to the law amending the rules on distance contracts in financial services from the 2. December 2004

(1) On debt ratios that are up to the end of the 7. In December 2004, the Civil Code and the BGB Information Obligations Regulation (BGB) shall apply in the version valid up to that date. Sentence 1 shall apply to contractual relationships within the meaning of section 312b (4) sentence 1 of the Civil Code, with the proviso that it is important to have the first agreement.(2) sales prospectals prior to the expiry of the 7. The new version of the BGB information requirements regulation, which is not sufficient to comply with the recast version of the BGB, may be up to 31 December 2004. The European Parliament and the Council of the European Union are to be used in March 2005, insofar as they relate exclusively to the distance sales of goods and services which are not financial services. Non-official table of contents

§ 12 Code of reconciliation to the law on the adjustment of statute of limitations to the law for the modernization of the law

(1) On the limitation periods in accordance with the provisions of the Law on the Adaptation of Limitation Rules to the Law for the Modernisation of Debt Law of 9. December 2004 (BGBl. I p. 3214), as amended,
1.
in the Medicines Act,
2.
in the Food Speciality Act,
3.
in the federal legal system,
4.
in the insolvency order,
5.
in the Civil Code,
6.
in the Housing Agency Rules Act,
7.
in the Commercial Code,
8.
in the Transform Act,
9.
in the Stock Corporation Act,
10.
in the law on limited liability companies,
11.
in the law concerning the acquisition of and economic cooperatives,
12.
in the patent attorney's order,
13.
in Tax Consultation Act,
14.
in the General Terms and Conditions for the Electricity Supply of Tariff Customers,
15.
in the General Terms and Conditions for the Gas Supply of Tarifcustomers,
16.
in the Regulation on general conditions for supply of water,
17.
in the regulation on general conditions for the supply of water District heating,
18.
in the beef labelling law,
19.
in the Telecommunications Customer Protection Regulation and
20.
in the Regulation on the General Conditions of Carriage for tramway and trolleybus traffic, as well as for the Line traffic with motor vehicles
is to be applied in accordance with § 6, unless another is determined. To the place of the 1. The 15th of January 2002 is 15. December 2004, to the post of 31 December 2004. 14 December 2001. December 2004.(2) Not yet statute-barred claims, the limitation of which shall be based on the conditions of the up to the 14. In accordance with the rules on the regular statute of limitations laid down in the Civil Code, as amended by the Law on the Adaptation to the Law on the Modernisation of Debt Law longer periods of limitation shall be determined in accordance with the rules introduced by this Act. The period of time before the 15. December 2004, is included in the limitation period. unofficial table of contents

§ 13

(omitted) unofficial Table of Contents

§ 14 Transitional provision to the Second Supervision Law Amendment Act of 21. April 2005

The compensation and reimbursement claims of subpoenas, caregivers and caregivers before the 1. Following the entry into force of the Second Supervision Law Amending Act of 21 July 2005, the Act of 21 July 2005 has been established. April 2005 (BGBl. 1073). Non-official table of contents

§ 15 Transitional provision on the Minors Liability Restriction Act

As far as the all-year-old liabilities are prior to the entry into force of the 25-year Minors Liability Restriction Act August 1998 (BGBl. I p. 2487) on 1. However, claims arising out of unjustified enrichment shall be excluded for the fulfilment of the obligations of the Member State or of those who have been satisfied in the course of the enforcement of the law. Non-official table of contents

§ 16 Code of transfer to the law to supplement the law to challenge the paternity of the 13. March 2008

In the case of the dispute pursuant to Section 1600 (1) No. 5 of the Civil Code, the time limit for the appeal pursuant to § 1600b (1a) of the Civil Code does not begin before the 1. June 2008.

Footnote

Art. 229 § 16 Kursive pressure: Inserted by Article 2 (5) G v. 13.3.2008 I 313 mWv 1.6.2008; violation of Art. 16 (1), Art. 6 (2) sentence 1, Art. 2 para. 1 iVm Art. 6 para. 2 sentence 1, Art. 6 para. 1 GG (100-1) and void gem. BVerfGE v. 17.12.2013; 2014 I 110-1 BvL 6/10- Non-official table of contents

§ 17 Transitional provision on the law for the clarification of paternity irrespective of the Appeal proceedings

If a lawsuit against fatherhood has been legally rejected due to the expiry of the deadline, a restitution lawsuit according to § 641i of the Code of Civil Procedure shall not be admissible even if a claim according to § 1598a of the Code of Civil Procedure is not required. Civil code in the version of the law clarifying paternity irrespective of the challenge procedure of the 26. March 2008 (BGBl. I p. 441), refuted the ancestry's ancestry. Non-official table of contents

§ 18 Transitional provision on the Risk Limiting Act

(1) § 498 of the Civil Code is in its since 19. Member States shall apply only to contracts signed in accordance with the provisions of the Treaty of 18 August 2008. It will be concluded in August 2008. In addition, § 498 of the Civil Code is in its since 19. Member States shall apply in force on 18 August 2008 to apply to existing contractual relationships following the 18. The loan will be transferred from the lender to August 2008.(2) Section 1192 (1a) of the Civil Code shall apply only if the acquisition of the basic debt is carried out in accordance with the provisions of the 19. This is due to take place in 2008.(3) Section 1193 (2) of the Civil Code, which has been in force since 19 December 2008. August 2008 applies only to basic debt, which is in accordance with the 19. August 2008. Non-official table of contents

§ 19 Overline rule on the debt protection act

(1) The provisions of § § 204, 632a, 641, 648a and 649 of the Civil Code in the since 1. The current version of January 2009 applies only to the obligations arising after that date.(2) Section 641a of the Civil Code shall be subject to debt obligations which are prior to 1. The date of application of the Directive shall be in force until the date of the application of the Directive. Non-official table of contents

§ 20 Transitional provision to the law amending the grant compensation and guardianship law of the 6. July 2009

(1) In the treatment of household items on the occasion of divorce, household items that are before the 1. It was approved in September 2009 to apply Section 1370 of the Civil Code in the version valid up to that date.(2) For procedures to compensate for the gains made before the 1. As of September 2009, it is necessary to apply the provisions of Section 1374 of the Civil Code in the version valid up to that date.(3) § 1813, paragraph 1, point 3, of the Civil Code, as amended by the first subparagraph of Article 1 (1). September 2009 shall also apply to the first of the September 2009 (Section 1773 of the Civil Code), Pflegschaften (§ 1915 (1) of the Civil Code) and supervision (§ 1908i (1) sentence 1 of the Civil Code). Non-official table of contents

§ 21 Transitional provision for the company civil law in the land register procedure

§ 899a of the Civil Society The Code, as well as the second sentence of Article 47 (2) and the third sentence of the third sentence of the Basic Regulations, shall also apply if the registration before the date of entry into force referred to in Article 5 (2) of the Law on the Introduction of Electronic Legal Transport and the electronic records in the general ledger procedure as well as the amendment of further land register, register and cost regulations on 18. This is due to take place in August. Non-official table of contents

§ 22 Transitional provision on the law implementing the Consumer Credit Directive, the civil part of the The Payment Services Directive, as well as the reorganisation of the rules on the right of withdrawal and return of 29. July 2009

(1) On debt obligations relating to the execution of payment transactions and those preceding the 31. Article 248 (4) and (13) shall not apply. Is the processing of a payment transaction before the 31. The Civil Code and the BGB Information Obligations Regulation (BGB) are to be applied in the version currently in force in October 2009.(2) Where other than the obligations laid down in paragraph 1 above, other than the 11. The German Civil Code and the BGB Information Obligations Regulation (BGB) are to be applied in the version currently in force in the form of the German Civil Code and the BGB Information Obligations.(3) By way of derogation from paragraph 2, section 492 (5), § 493 (3), § § 499, 500 (1) and Section 504 (1) and Section 505 (2) of the Civil Code shall apply to indefinite guilt relationships that are before the 11. § 505 (1) shall apply to such obligations in view of the communications after the conclusion of the contract. Non-official table of contents

§ 23 Code of transfer to the law amending the law on inheritance and limitation

(1) The rules of the civil service Statute book on the statute of limitations in the since 1. The current and non-statutory requirements are to be applied on the date of the January 2010 version. The beginning of the limitation period and the limitation period shall be determined in accordance with the provisions of the Civil Code in the preceding 1. In the case of application of these provisions, the period of limitation shall be deemed to have been completed earlier than in the case of the application of the relevant provisions of the first sentence of 1 January 2010.(2) The beginning and the limitation period shall be determined in accordance with the provisions of the Civil Code, in the case of the first time since the first. The deadline for January 2010 does not begin before 1 January 2010. January 2010. In accordance with the rules laid down in the Civil Code, it is in the first place before 1. As of 1 January 2010, the period of limitation was earlier than the limitation period laid down in the Civil Code, which has been in force since 1 January 2010. The date of expiry of the period before 1 January 2010 shall be the date of expiry of the period before 1 January 2010. January 2010.(3) The inhibition of the limitation period shall be determined for the period prior to the 1. January 2010, in accordance with the provisions of the Civil Code, in the version applicable up to that date.(4) In addition, inheritance cases before the 1. January 2010, the provisions of the Civil Code in the preceding 1. January 2010. For hereditary cases since the 1. The provisions of the Civil Code in January 2010 have been in force since 1 January 2010. The text is in force on 1 January 2010, irrespective of whether it is linked to events from the period prior to the entry into force of these provisions. Non-official table of contents

§ 24 Transitional provision on the law to facilitate electronic registration for the register of associations and others Foreign

and foundations, to those before the 30. In September 2009, the legal capacity was granted domestiy, and remains legally valid. The associations are § 33 (2) and § 44 of the Civil Code (Civil Code) in der bis zum 29. The Commission shall continue to apply in force in September 2009. Non-official table of contents

§ 25 Transitional provisions on the law for the modernization of the regulations on part-time housing rights contracts, contracts on Long-term holiday products as well as brokerage contracts and exchange-system contracts

(1) § § 481 to 487 of the Civil Code shall be applied in the version valid up to this date.(2) On a pre-23. The contract concluded in February 2011 on a long-term holiday product within the meaning of § 481a of the Civil Code, on a mediation contract within the meaning of Section 481b (1) of the Civil Code or a rotating-system contract in the sense of § 481b (2) of the Civil Code does not apply to § § 481 to 487 of the German Civil Code. Non-official table of contents

§ 26 Code of transfer to the law to combat forced marriage and better protection of victims of forced marriage, and on the amendment of further residence and asylum provisions

The repeal of one before 1 The marriage is excluded if the marriage could not have been repealed at that time in accordance with the law in force until that date. Non-official table of contents

§ 27 Transitional provision to the law adjusting the rules on the value of compensation for the withdrawal of distance contracts and on related contracts of 27. July 2011

Both Articles 246 § 2 (3), first sentence and Section 360 (3) of the Civil Code are up to the end of the 4. November 2011, also in the case of the transmission of the revocation and return documents in accordance with the patterns laid down in Appendices 1 and 2, as amended by the Law on the Implementation of the Consumer Credit Directive, the Civil Law Part of the The Payment Services Directive, as well as the reorganisation of the rules on the right of withdrawal and return of 29. June 2009 (BGBl. I p. 2355). Non-official table of contents

§ 28 Transitional provision to the law adapting the rules of private international law to Regulation (EU) No. 1259/2010 and the amendment of other provisions of the International Private Law of 23. January 2013

(1) Article 17, paragraph 1, in the January 2013 applies if the procedure for divorce after 28 January 2013 is valid. It was launched in January 2013.(2) Article 17 (3) and Article 17b (1), fourth sentence, in the 28. The current version of the European Parliament and the Council of the European Union will continue to apply if the procedure for divorce or the repeal of the life partnership is in force before 29 January 2013. It was launched in January 2013. Non-official table of contents

§ 29 Transitional provisions on the rental law amendment law of 11. March 2013

(1) On 1. § § 536, 554, 559 to 559b, 578 of the Civil Code in the period up to 1 May 2013. Continue to apply if
1.
in the case of modernisation measures the communication according to § 554 (3), first sentence, of the Civil Code to the lessee before the 1. May 2013, or
2.
in the case of modernization measures, to § 554 (3) sentence 3 of the Civil Code in the up to 1. The landlord, the landlord, will be required to apply the measure before 1 May 2013. 1.
(2) § 569 (2a) of the Civil Code is to be published before 1 January 2013. Do not apply the rental ratio created in May 2013. Non-official table of contents

§ 30 Overline rule on the law to reform parental care of parents not married to one another

Has a Parent before the 19. In the case of a request for replacement of the other parent's declaration of custody, this application shall be deemed to be a request for the transfer of parental concern in accordance with Section 1626a (2) of the Civil Code. Non-official table of contents

§ 31 Code of reconciliation to amend the statute of limitations of the Civil Code by the law on strengthening the rights of victims of sexual abuse

The provisions of the Civil Code in the since the 30. The date of limitation of the period of limitation of the period of limitation shall be that applicable on that date and shall not be subject to any limitation on the basis of the limitation period. Non-official table of contents

§ 32 Transitional provision on the law implementing the Consumer Rights Directive and amending the law governing the regulation of the Housing mediation

(1) On a pre-13. The consumer contract concluded in June 2014 is the provisions of this law, the Civil Code, the law on the civil procedure, the law governing the provision of housing, the law against unfair competition law, the law against unfair competition law. Competition, the Investment Services Act, the Securities Prospectus Act, the German Securities Prospectus Act, the German Securities Prospectus Act, the Capital Investment Code, the Insurance Contracts Act and the Injunctions Act to be applied in the version valid up to this date.(2) As long as the consumer is subject to a distance contract which is before the 13. The legal requirements of the Civil Code on the right of withdrawal in force at the time of the conclusion of the contract have not been concluded in June 2014 and the right of withdrawal from the Civil Code has been concluded from this law. Basically, the right of withdrawal will be issued
1.
for the delivery of goods: twelve months and 14 days after receipt of the goods at the consignee, but not before the end of the 27. June 2015,
2.
for the recurring delivery of like products: twelve months and 14 days after receipt of the first partial delivery, but not before the end of the 27. June 2015,
3.
for services: with expiration of the 27. June 2015.
(3) As long as the consumer is at a door-to-door business, before the 13. It was not, or not, in accordance with the requirements of the Civil Code concerning the right of withdrawal in force at the time of the conclusion of the contract, and as long as the right of withdrawal for this reason did not apply. , the right of revocation shall lapse twelve months and 14 days after full provision of the mutual benefits from the contract, but not before the end of the 27. June 2015.(4) The provisions of paragraphs 2 and 3 shall not apply to contracts relating to financial services. As long as the consumer is in a door-to-door business, through which the trader grants the consumer a paid financial assistance, and that before the 11. June 2010 has been concluded, not or not in accordance with the requirements of the Civil Code regarding the right of withdrawal in force at the time of the conclusion of the contract, and as long as the right of withdrawal does not apply for this reason , the right of revocation shall lapse twelve months and 14 days after full provision of the mutual benefits from the contract, but not before the end of the 27. June 2015. Non-official table of contents

§ 33 Overline rule on the law against dubious business practices

On debt ratios that are before the 9. § 675 of the Civil Code is to be applied in the version valid up to this date. Non-official table of contents

§ 34 Code of transfer to the law to combat late payment in commercial transactions

§ § 271a, 286, 288, 308 and 310 of the Civil Code in the since the 29th The current version will only apply to a debt ratio, which will be valid after 28 July 2014. July 2014. By way of derogation from the first sentence, the provisions referred to in that paragraph shall also apply to a previously established permanent-debt ratio, in so far as the consideration has been given in accordance with the provisions of the 30. It will be delivered in June 2016. Non-official table of contents

§ 35 Transitional provisions on the rental right-amendment law of 21. April 2015

(1) § § 556d to 556g, 557a (4) and § 557b (4) of the Civil Code are not to be applied to rental contracts and relay rental agreements on housing that have been concluded before the contractual Rental apartment falls within the scope of a legal regulation according to § 556d paragraph 2 of the Civil Code.(2) § 557a (4) of the Civil Code is no longer to be applied to tenancy rates, the first rent of which becomes due at a time when the rental apartment is no longer within the scope of a legal regulation in accordance with § 556d, paragraph 2 of the Civil Code. Non-official table of contents

§ 36 Rules of transfer to the law on international law of succession and amending regulations on the certificate of inheritance and on the Amendment of other provisions of 29. June 2015

On procedures for the issue of inheritance after a testator, the one before the 17. August 2015, the Civil Code and the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction will continue to apply in the version valid up to that date.

Sixth Part
Entry into force and transitional law from the adoption of the Civil Code and this Introduction Act in the area mentioned in Art 3 of the Agreement Treaty

name="BJNR006049896BJNG052100377 " />

Art 230
Entry into force

The Civil Code and this Introduction Act are applicable to the area referred to in Article 3 of the Agreement on the day of accession to the agreement In accordance with the following transitional rules,

Art 231
First book. Common part of the Civil Code

Non-official table of contents

§ 1 (omitted)

-Unofficial Table of Contents

§ 2 Vereine

(1) Legal associations, which are based on the Law on Associations-Unification Act-of 21. February 1990 (GBl. 75), as amended by the Law of 22. June 1990 (GBl. 470, No 39 p. 546, before the date of entry into force of accession, there is a continuing existence.(2) § § 21 to 79 of the Civil Code shall apply to them from the date of the date of entry into effect of the accession.(3) The associations referred to in paragraph 1 shall, as from the date of entry into force of the accession, lead to the name "registered association". (4) On non-legal associations within the meaning of the Law on Associations-Unification Act-of 21. February 1990 shall apply from the date of the date of accession of Article 54 of the Civil Code. Non-official table of contents

§ 3 Foundations

(1) The legal foundations established in the territory referred to in Article 3 of the agreement continue.(2) § § 80 to 88 of the Civil Code shall be applied to foundations of private law from the date of the date of entry into effect of the accession. Non-official table of contents

§ 4 Liability of legal persons for their organs

§ § 31 and 89 of the Civil Code are only applicable to such shall apply to acts committed on the date of the date of accession or after the date of entry into force. Unofficial table of contents

§ 5 things

(1) The components of a property do not include buildings, buildings, plants, plantings, or Entities which are independent of the property of the property, in accordance with the law applicable on the day before the date of entry into force of the accession. The same shall apply where such objects are established or affixed on the date of the date of entry into or after the date of entry into force of the accession, in so far as this is due to a right of use on the property or the right of use before the date of entry into effect of the accession. in accordance with § § 312 to 315 of the Civil Code of the German Democratic Republic.(2) The right of use in the property and the above-mentioned plants, plantings or facilities shall be considered as essential components of the building. Article 233 (4) (3) and (5) shall remain unaffected.(3) The building ownership shall be deleted in accordance with paragraphs 1 and 2, if after 31. The property is transferred to the property in December 2000, unless the right of use or the self-employed building property is entered in the land register of the sold land in accordance with the second sentence of Article 233 (2) (2) (2) (3) of the Basic Book or the acquirer does not Registered law was known. The owner of the building's property shall be entitled to a replacement of the value of the property at the time of its extinguishing against the transferor; mortgage rights based on the property of the building shall be subject to the right of a pledge to the property.(4) After 31. In December 2000, the property is subject to a right of rem, or if such a right is acquired, the owner of the right shall be subject to the building as an integral part of the land. The first sentence of paragraph 3 shall apply accordingly.(5) Where a building is constructed on a number of plots, paragraphs 3 and 4 shall apply only in the sight of the land on which the vast majority of the building is located. For the acquirer of the land, the provisions relating to the superstructure to be tolerated shall apply in accordance with the provisions applicable to the part of the building situated on the other site. Non-official table of contents

§ 6 Statute of limitations

(1) The provisions of the Civil Code on the statute of limitations are to be found on the day of the Application of existing and non-statutal claims. However, the beginning, the inhibition and the interruption of the period of limitation shall be determined for the period prior to the date of accession, in accordance with the legislation currently in force for the territory referred to in Article 3 of the agreement.(2) Where the period of limitation according to the Civil Code is shorter than that laid down in the legislation hitherto applied to the territory referred to in Article 3 of the Agreement, the shorter period shall be from the date of the date of entry into force of the accession. calculated. However, if the period of time specified in the legislation previously applied to the territory referred to in Article 3 of the Agreement is longer than the shorter time limit laid down in the Civil Code, the limitation period shall be the expiry of the period of limitation. the longer period is completed.(3) Paragraphs 1 and 2 shall apply in accordance with time limits which are relevant to the assertion, acquisition or loss of a right. Non-official table of contents

§ 7 Assessments and certifications

(1) A notarial assessment before the date of entry into effect of the accession date, or Certification shall not be ineffective because the necessary certification or certification has been carried out by a notary who has not been appointed or appointed in the territory referred to in Article 3 of the Unification Treaty, provided that such certification is not The scope of the Basic Law was ordered.(2) Paragraph 1 shall not apply to the extent that a final decision is contrary.(3) A contract by which the party to a legal transaction effective in accordance with paragraph 1 before the entry into force of the Second Property Change Act commits to further services or to rights to any other party , because it has waived the invalidity of this transaction, it shall be ineffective in so far as the rights and obligations of the parties established by the contract shall be effective in the light of the agreements referred to in paragraph 1. Legal business deviating.(4) A divestment in accordance with § § 17 to 19 of the Law on the formation and operation of private companies and on company participations of 7. March 1990 (GBl. 141), which has been made without the notarial assessment of the declaration of conversion required by Article 19 (5) sentence 2 of this Act, its entire content shall be valid if the company established is entered in the register. Non-official table of contents

§ 8 Full-power customers of state bodies, misdesignation of municipalities

(1) One of the following in § § 2 and 3 of the Sealing order of the German Democratic Republic of 29. November 1966 (GBl. 49) and in § 1 of the German Democratic Republic of Germany (Democratic Republic of Germany) of 16. July 1981 (GBl. No 25 p. 309), a full power certificate shall be effective if the document is signed by the head of the institution or by a person authorised by the institution concerned in accordance with the said provisions and by a person authorised to do so by the competent authority of the institution responsible for the application of the law. the proper seal of service. The certification of the authority pursuant to Section 57 (2) sentence 2 of the Civil Code of the German Democratic Republic shall be replaced by the signing and sealing of the certificate.(2) Legal transactions and legal acts which the representative of a commune between the 17. 1 May 1990 and 3. By the name of the former Council of the Commune concerned with power of representation, October 1990 is considered to be the legal acts and acts of the Commune, which replaced the former Council of the Commune. The representative power of the representative of the municipality shall be presumed to be refuted if the municipality does not object to any objection within one month from the receipt of an indication of the land registry from an intended registration. The contradiction of the commune is to be considered only if it is based on the fact that
1.
which is used for the former Council acting person as a legal representative or his deputy pursuant to § 81 sentence 2 or 3 of the Law on Local People's Representatives of 4. July 1985 (GBl. I n ° 18 p. 213), after another person was appointed after the municipal constitution of 17. May 1990 (GBl. 255) had been elected by the mayor or councilor for representation and had taken up office,
2.
a legally granted power of attire has been revoked or had been cancelled by time lapse,
3.
the local authority within 2 months of the knowledge of the person completed by a person Legal business, which at the time of the conclusion was employee of the administration, has declared to the buyer not to want to fulfill the legal business described in detail, or
4.
the legal transaction was completed by a person who was not or no longer employees of the local government.
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§ 9 Healing of inefficient asset transfers

(1) Should the assets formerly owned or part of the formerly fully-owned assets be used to operate the assets of the municipal housing for the purpose of self-employed use and management, by means of conversion in accordance with the conversion rules referred to in paragraph 2 (2) or in connection with a setting up of a new capital company if the transition has not become effective because a legal requirement for such a transfer of assets was lacking, the transfer of assets can be obtained by assignment notification. A capital company benefiting from the assignment notification under this provision may, irrespective of errors in the conversion or establishment of a property, be registered as the holder of a right in a property or in such a right into the land register. if it is entered in the commercial register.(2) For the purposes of the first sentence of paragraph 1, the following are:
1.
Local housing enterprises:
a)
formerly fully owned enterprises Municipal Housing Administration,
b)
formerly fully owned enterprises building management or
c)
communal created from such enterprises Govern or own holdings;
2.
Conversion rules:
a)
the regulation on the conversion of fully-owned combinates, companies and institutions to the capital companies of 1. March 1990 (GBl. 14 p. 107),
b)
the trust law,
c)
the law on the conversion of the volkseigen Housing companies in non-profit housing associations and the transfer of land ownership to housing cooperatives of 22. July 1990 (GBl. 49 p. 901) or
d)
the Act of Conversion as amended by the 6. November 1969 (BGBl. I p. 2081)
(3) Such a communication may also alter the transition of one of the undertakings referred to in paragraph 1, first sentence, to former fully-owned assets.(4) A decision referred to in paragraphs 1 and 3 shall require the agreement of the parties concerned. The agreement may be replaced by the right of assignment if it is not abusive. The replacement of the agreement can only be challenged together with the assignment notice before the Administrative Court. § 6 of the Property Allocation Act shall apply mutatily.(5) The capital companies referred to in paragraph 1 shall also be deemed to be authorized before the grant of the assignment, all rights arising from the former fully-owned property which should be transferred to them or from legal transactions with regard to the same. Assets under the inclusion of termination and other design rights in their own name and on their own account. If a former fully-owned asset is transferred to several companies of the type referred to in paragraph 1, the companies concerned shall be considered to be the total creditors. Where an assignment is amended in accordance with the provisions of paragraphs 3 and 4, the second sentence shall apply mutatily. The company which holds the asset on the basis of the transformation or establishment of a property shall be deemed to be responsible for the administration. In addition, Section 8 (3) of the Law on Wealth Allocation applies accordingly. Claims in accordance with the property law and final judgments remain unaffected. Non-official table of contents

§ 10 Transition of fully-owned receivables, basic rights and liabilities to credit institutions

(1) A volk-owned or cooperative credit institution, the credit institution or the successor institution shall be the business of such credit institution or the successor institution at the latest with effect from 1. July 1990, creditors of the state-owned claims and land rights became the creditors of the 30. He was in his legal position, or managed by him, in June 1990. These credit institutions shall be subject to the effect of 1. July 1990 debtors of the fully-owned liabilities they manage. Creditors of claims and fundamental rights of property administered by the credit institution for the national budget of the German Democratic Republic shall have effect from the 3. He shall administer it faithfully in accordance with the provisions of Article 22 of the Agreement. Annex I, Chapter VIII, Sachgebiet F, Section II, Section 3 (2), of the 31-year agreement is applicable to the claims and fundamental rights of property, which are administered by the social security system. August 1990 (BGBl. 885, 1042) and the provisions of the Law on the Regulation of Social Security Property Insurance in the Accession Area of 20 June 1990. December 1991 (BGBl. I p. 2313). Claims for retransmission in accordance with the regulations on the assignment of national property rights and claims under the asset law shall remain unaffected.(2) Any legal act which a credit institution or other person entitled to it pursuant to paragraph 1 has made in the event of the claim, the fundamental right or the liability shall be considered to be legal acts of the person who has the claim to: the right of basic right or the liability referred to in paragraph 1.(3) A certificate issued by the Kreditanstalt für Wiederaufbau, signed with signature and seal, shall be sufficient for the proof of who has become the holder of a basic plea or creditor in accordance with paragraph 1. The Kreditanstalt für Wiederaufbau (Kreditanstalt für Wiederaufbau) may delegate the power to issue the certificate in accordance with the first sentence to the savings banks for their respective business units. The authority empowered by the first sentence or the second sentence may also establish the transfer of the basic right of care or the claim on its own. In the cases referred to in the third sentence of paragraph 1, in addition to the attestation of an allocation certificate referred to in sentences 1 to 3, it shall not be required. Section 113 (1) (6) of the Basic Accounting Regulations in the first subparagraph of Article 1 (1). October 2009 is unaffected.

Art 232
Second book. Law of debt

Non-official table of contents

§ 1 General provisions on debt relationships

For a The law applicable to the territory referred to in Article 3 of the Agreement shall remain applicable to the obligations arising prior to the date of entry into force of the accession. Non-official table of contents

§ 1a Injunctions

A before the 3. The contract concluded in October 1990, by which a state-managed property (Section 1 (4) of the Property Act) by the State Administrator or the body entrusted by it against the performance of a monetary amount for the property as well as It is effective to use up-to-date buildings and, against the public expense, to use them for use (the transfer agreement). Non-official table of contents

§ 2 Leases

Leases due to contracts that have been concluded before the date of entry into effect of the accession, shall be governed by the provisions of the Civil Code from that date. Non-official table of contents

§ 3 lease agreements

(1) lease relationships based on contracts concluded before the date of entry into effect of the accession , shall be determined from this date in accordance with § § 581 to 597 of the Civil Code.(2) § § 51 and 52 of the Agricultural Adaptation Act of 29. June 1990 (GBl. I n ° 42 p. 642) remain unaffected. Non-official table of contents

§ 4 Use of ground surfaces for recreation

(1) Terms of use in accordance with § § 312 to 315 of the Civil Code of the The German Democratic Republic, on the basis of contracts concluded before the date of entry into force of accession, shall continue to be governed by the abovementioned provisions of the Civil Code. Deviating regulations are reserved for a special law.(2) The Federal Government is empowered to adopt, by means of a regulation with the consent of the Federal Council, provisions relating to an appropriate design of the usage fees. Charges shall be appropriate up to the level of the local lease of land, which shall also be used in a comparable manner with regard to the nature and scope of the building. The Regulation allows for provisions on the determination of the local lease, on the procedure for increasing remuneration and on the termination in the event of an increase.(3) The application of the Bundeskleingartengesetz (Federal Small Garden Act) of 28 remains for use in small garden plants. February 1983 (BGBl. 210) shall be without prejudice to the additions contained in Annex I, Chapter XIV, Section II, point 4, to the agreement.(4) Paragraphs 1 to 3 shall also apply to the first subparagraph of Article 1 (1). Contracts concluded in January 1976 for the purpose of non-industrial, non-industrial use, recreation and leisure activities by land or forestry land not used for forestry purposes. Non-official table of contents

§ 4a Treaty-Moratorium

(1) Contracts pursuant to § 4 may, even if they affect garages, be up to the user until the end of the period of time. Expiry of the 31. The Commission shall only terminate or terminate in December 1994 the reasons referred to in Section 554 of the Civil Code. They shall be extended if the user does not share anything to the contrary, until such time as they would end in advance of their content.(2) If the user has a contract in accordance with § 4 not with the owner of the relevant property, but on the basis of § 18 or § 46 in conjunction with § 18 of the Law on Agricultural Production Cooperatives-LPG Act-of the 2. July 1982 (GBl. I n ° 25 p. 443) in the Under the conditions laid down in the Treaty and in accordance with the provisions of the provisions of the Treaty and paragraph 1, it shall remain in force until the end of the period of 31 July 1990, in accordance with the provisions of the Treaty and December 1994 also entitles the owner of the property to the property owner.(3) The provisions of paragraphs 1 and 2 shall also apply where a contract has been concluded with a state body in accordance with § 4, even if it has not been authorised to do so. This does not apply, however, if the user is aware of the absence of a corresponding authorization.(4) The provisions of paragraphs 1 and 2 shall also apply when a contract has been concluded with a state body in accordance with § 4 and the contract did not expressly act in a foreign name but in its own name, even though it was not a contract for the contract. volkseigenes, but rather a plot of land managed by it, unless the user was aware of this.(5) In the cases referred to in paragraphs 2 to 4, the contracting party of the user shall be obliged, without prejudice to § 51 of the Agricultural Adjustment Act, to pay the withdrawn charges to the property owner by deducting the costs associated with their achievement. for the first time. Charges, which in the time of the 1. In the event of a reduction of 20 per cent from the 100% to the landowners ' property, a further compensation for drawn charges and expenses shall not take place in January 1992. Where a remuneration is not agreed, the remuneration normally to be achieved for contracts of the type in question shall be returned to the property owner, with the deduction of the costs associated with it, to be paid. The owner of the property may request the contract partner of the user to transfer the payment claims.(6) Paragraphs 1 to 5 shall also apply where the direct user has concluded contracts with an association of small gardeners and, with one of the bodies referred to therein, the main use contract. Where the object of the contract is the use of the land for a garage, the owner may request the transfer of the use to another site of the land or other property if the use thereof is particularly detrimental to the use of the land. The costs of the transfer have to be borne by the owner and must be provided for by the owner.(7) Paragraphs 1 to 6 shall not apply if the persons concerned are in accordance with the provisions of the second subparagraph. The Court held that, in October 1990, a slightly different agreement had been agreed between them, or that a number of final judgments had been handed down between them. Non-official table of contents

§ 5 Work relationships

(1) Work conditions existing on the date of entry into effect of the accession are without prejudice to of Article 230 of that period to the provisions of the Civil Code.(2) § 613a of the Civil Code is set out in Article 3 of the Agreement of the 31. August 1990 (BGBl. 885), from the date of entry into force of this Act, until 31 December 1990. The following measures shall apply:
1.
Within the specified period, the following shall apply to: Do not apply the transfer of works in the general enforcement proceedings § 613a of the Civil Code.
2.
Instead of the second sentence of paragraph 4, the following pretext shall apply: " sentence 1 shall be without prejudice to the right to dismissal for economic, technical or organisational reasons which involve changes in the field of employment. '
href="index.html#BJNR006049896BJNE024302377"> unofficial table of contents

§ 6 recurring services contracts

for maintenance and maintenance contracts and contracts on the date of entry into effect of the accession Recurring personal services apply from this time to the provisions of the Civil Code. Non-official table of contents

§ 7 Account contracts and savings account contracts

The credit institution may, by making a statement to the account holder, determine that: the provisions of the Civil Code, including those generally used in the existing scope of this Act for such contracts, on an account contract or savings account contract existing on the date of the date of entry into effect of the accession; the general terms and conditions to be set out in more detail. The account holder may terminate the contract within one month from the access of the declaration to the account holder. Non-official table of contents

§ 8 credit agreements

On credit agreements that are after the 30. Article 609a of the Civil Code is to be applied in June 1990. Non-official table of contents

§ 9 fractions of a fraction of a fraction

a fraction of a fraction of the gross national product to apply from this time to the provisions of the Civil Code. Unofficial table of contents

§ 10 Unauthorised actions

The provisions of § § 823 to 853 of the Civil Code are only applicable to actions , which are committed on the day of the date of accession or after that date.

Art 233
Third book. Reason

First section
General rules

Non-tamous Table of Contents

§ 1 possession

The provisions of the Civil Code shall apply from that time to an ownership relationship existing on the date of the date of entry into force of the accession. Non-official table of contents

§ 2 Contents of the property

(1) The ownership of things existing on the date of entry into effect of the accession shall be found by: of this period to the provisions of the Civil Code, unless otherwise specified in the provisions set out below.(2) In the case of former fully-owned land, it is presumably assumed that in the time of the 15. March 1990 to the end of the second year. October 1990, the national authority registered as the legal entity and the body responsible for carrying out its tasks in the event of the availability of the service, and in the period of 3. 1 October 1990 to 24 October 1990 December 1993, as described in § 8 of the Law on the Asset Allocation Act, which has been in force since 25 December They were authorised to use the land at the disposal of the sites in force in December 1993. § 878 of the Civil Code also applies to the continuation of the power of disposal in accordance with the provisions of the Act. The above sentences shall be without prejudice to the provisions of Section 68 of the Civil Code and the Second, Third and Fourth Implementing Regulations of the Treuhand Act, in particular in the case of former wholly-owned land. Anyone who has to stand up to the national property is governed by the rules on the settlement of the national property.(3) If the owner of a land or his/her stay is not established and there is a need to ensure the representation of the owner, the county or the county-free town in whose territory the territory is located shall be appointed. Property is located, at the request of the municipality or any other person who has a legitimate interest in it, a legal representative. In the case of a Community, a member of the Community shall be appointed as the legal representative. The representative is exempt from the restrictions of § 181 of the Civil Code. § 16 (3) and (4) of the Administrative Procedure Act shall apply mutatily. The representative shall be dismissed at the request of the owner. This provision, in its territorial scope and for the duration of its validity, also takes the place of Section 119 of the Law on the Purification of Land Law, insofar as this provision is referred to in other laws. § 11b of the Property Law shall remain unaffected. Non-official table of contents

§ 2a Moratorium

(1) As a property situated in the territory referred to in Article 3 of the agreement without prejudice to existing rights of use and more favourable agreements and regulations, the following shall apply:
a)
who the property is up to the end of the 2. October 1990, on the basis of a final building permit or otherwise in accordance with the legislation, with the approval of public or social bodies with buildings or installations, or has begun to be built, and at the date of entry into force of these
(b
Cooperatives and formerly self-owned enterprises in the housing industry, to which prior to the 3 years the law is applied. The building and the associated land and sub-areas shall be used for use as a result of a final building permit or otherwise established in accordance with the legislation with the approval of public or social bodies. Autonomous management and administration have been transferred and used by these or their legal successor,
c)
who, at the end of the contract, land already built with a residential building, which until then has been under state or fiduciary administration, has concluded a transfer contract, as well as those who have with this a common house stand
d)
who bought a building erected on a property or applied for the purchase.
The right of the first sentence is up to the cleaning of the above mentioned Legal relationships through special law until the end of the 31. December 1994; the period may be extended once by the Federal Minister of Justice by means of a decree-law. In the cases referred to in § 3 (3) and § § 4 and 121 of the Law of the Law of the Law of the Law, the right to possession of the property, referred to in the first sentence, shall be continued until such legal relationships have been purposefully cleaned up under that law. For the time of 22. July 1992 to 31. March 1995, the respective owner of the property may require the respective user to pay a fee in the amount of the hereditary interest rate payable pursuant to § 51 (1) sentence 2 No. 1, § § 43, 45 of the Law on the Law of the Law of the Sachs, for the period from 1 January to 1 July 1995. However, in January 1995, only if it is not able to charge a fee in accordance with sentence 8. For the time of 1. 1 January 1995 to 31 January 1995 In March 1995, the owner of the property cannot ask for the payment in accordance with the fourth sentence if he or she is in a position until 31 March 1995. March 1995, notarial mediation proceedings initiated pursuant to Sections 87 to 102 of the Law of the Law of the Law or the Soil Ordering Procedure under the Eighth Section of the Agricultural Adaptation Act are not immediately followed by a negotiation on the To establish a right of rights or to have a right of exercise. For the purpose of determining the remuneration, the soil value and the residual value of a building that has been left over are 22. July 1992. The right to sentence 4 shall be statute-barred in two years from 8. November 2000. The property owner may be 1. In January 1995, the user shall be required to pay a fee up to the amount of the inheritance interest payable under the Law on the Law of the Law of the Law, if a soil reorganisation procedure is initiated under the Soil Special Act, and a notarial Requests for mediation in accordance with § § 87 to 102 of the Law of the Law of the Law of the Law of the Law of the Law of the Law or a Rules Procedure according to the Eighth Section of the Agricultural Adaptation Act, or in the proceedings for a hearing on the grounds of the justification of the rights of rights or of a transfer of rights. Contractual or statutory provisions which give rise to a different usage fee or an earlier start of the payment obligation shall remain unaffected. The scope and content of the law shall, moreover, be determined in accordance with the exercise to date. In the cases of § 20b (3) of the Political Parties Act of 21. February 1990 (GBl. 66), as last amended by Article 1 of the Law of 19. December 2006 (BGBl. 3230), the right under sentence 1 may be invoked solely by the Bundesanstalt für vereinigungsconditional SonderTasks (Bundesanstalt für vereinigungsconditional Tasks) or its legal successor.(2) The right to possession in accordance with paragraph 1 shall not be affected by a transfer or transfer of the property or any other disposal over the property. The right may be transferred; the transfer shall only be effective in relation to the property owner if it is indicated by the transferor.(3) During the period referred to in the first sentence of paragraph 8, replacement for withdrawn uses or uses may be required only on a consensual basis. The owner of a property shall be obliged, during the period of the right to possession in accordance with paragraph 1, not to charge the property with rights, unless he is required to order the property by law or by decision of a public authority is committed.(4) Until the date referred to in the second sentence of paragraph 1, there shall be no application for transfer contracts without prejudice to Article 232 (1) of Section 78 of the Civil Code of the German Democratic Republic.(5) The Property Law, Section 20b (3) of the Political Parties Act of 21. February 1990 (GBl. 66), as last amended by Article 1 of the Law of 19. December 2006 (BGBl. 3230), as well as procedures in accordance with the Eighth Section of the Agricultural Adjustment Act remain unaffected.(6) Existing rights of the person entitled under paragraph 1 shall not be affected. Any agreements concluded with regard to the use of the land shall remain unaffected, except in the cases referred to in the first sentence of paragraph 1, point (c). They are also possible in all cases. The right referred to in paragraph 1 may be terminated without a deadline by unilateral declaration of the owner of the property if
a)
the user
aa)
in the sense of § § 20a and 20b of the party law of the German Democratic Republic a mass organization, a party, a affiliated organization or a legal person, and the fiduciary administration has been terminated over the relevant asset is or
bb)
to be assigned to the commercial coordination area
b)
the legal relationships of the user on the ground and ground in question are subject to judicial criminal proceedings against the user or
c)
this is a formerly fully-owned plot and its use on 2. It was based on a legal entity, unless the user is an agricultural production cooperative, a former fully-owned enterprise of the housing industry, a workers ' housing cooperative or a non-profit-making body. Housing cooperatives or their respective legal successor.
In the cases of sentence 4 (a) and (c), § 1000 of the Civil Code shall not be applied. The right to possession shall be terminated in accordance with this provision, if an agreement is terminated by the user in accordance with the provisions of the sentences 2 and 3.(7) The above rules shall not apply to benefits for recreation, leisure activities or to similar personal needs, including the use within small garden facilities. A rental or lease contract is not to be regarded as a transfer agreement.(8) For the period up to the end of the 21. The person entitled under paragraph 1 shall not be obliged to issue benefits in relation to the property owner and other persons entitled to property in accordance with paragraph 1, unless the parties concerned have made other agreements. Where a contract of sale referred to in the first sentence of paragraph 1 is ineffective or if the negotiations have failed to conclude the contract for sale requested, the user shall be informed of the invalidity of the contract or of the contract Rejection of the conclusion of the contract according to § 987 of the Civil Code to the publication of uses.(9) For the time of 22. 1 July 1992 to 30 June 1992 In September 2001, the property owner of the property may be subject to the public authority using the property for the purpose of carrying out its public duties or, in the case of a dedication to the general use of the building or the installation, subject to maintenance obligations, only a fee of 0.8 per annum shall be charged per annum of the ground value of a property situated in the same position, and the exemption from the loads of the land. The soil value must be determined in accordance with the soil guidelines; § 19 (5) of the Law of the Law of the Law of the Law applies accordingly. For the time of 1. In January 1995, the right to sentence 1 arises from the date on which the property owner asserts it in writing to the body; for the period of 22 January 1995, the date of entry into force of the first sentence of the first sentence of the first sentence of the 1 July 1992 to 31 July 1992 He can only do so until 31 December 1994. The Commission has adopted a resolution on 14 March 2002 Deviating contractual agreements remain unaffected. Non-official table of contents

§ 2b Building ownership without any right of use

(1) In the cases of § 2a (1) sentence 1 (a) and (b), buildings and annexes of workers ' housing cooperatives and non-profit housing cooperatives on former fully-owned land, in the cases of § 2a (1) sentence 1 (a) buildings and installations of agricultural Production cooperatives, even to the extent that this is not legally determined, irrespective of the property of the property, property of the user. There is only a limited right to the property if this has been particularly well founded. This shall also apply to legal successor of the cooperatives referred to in the first sentence.(2) In the case of building property, which shall be created in accordance with paragraph 1 or in accordance with Article 27 of the Law on Agricultural Production Cooperatives of the second paragraph of this Article. July 1982 (GBl. I n ° 25 p. 443), as last amended by the Law on the amendment or repeal of the laws of the German Democratic Republic of 28 June 2008. June 1990 (GBl. I n ° 38, p. 483), a building land-book sheet shall be created at the request of the user. The provisions applicable before the date of entry into force of the date of accession and subsequently adopted shall apply accordingly for the application and management of the building land-base sheet. If the building property is not registered in accordance with Section 2c (1) as a load in the land register of the land concerned, such registration shall be made by the Office before the application of the building land book.(3) The Federal Office for Central Services and Open Property Issues shall establish whether building ownership has been created and to whom it is due. The asset allocation law shall apply. Section 3a of the Administrative Procedure Act shall not apply. The land register office shall remain unaffected, property ownership and its holder shall be established in accordance with the provisions of the land register; a request under sentences 1 and 2 shall not be subject to the previous referral of the land register offices . In the application to the Federal Office for Central Services and Open Property Issues or to the Land Registry Office, the applicant must insure that no comparable application is pending or a request for sentence 1 is discernable at any other place. has been made.(4) § 4 (1), 3 (1) to (3) and (6) shall apply accordingly.(5) If, before the entry into force of this provision, a building referred to in paragraph 1 has been transferred for security, the guarantor may request the retransmission of a train by train against the order of a land deposit on the building's property. Deposit rights ordered are to be transferred to the property of the property in the property rights.(6) One to the end of the 21. The self-employed building property, which was carried out in accordance with Article 27 of the Law on Agricultural Production Cooperatives or pursuant to Section 459 (1) sentence 1 of the Civil Code of the German Democratic Republic, was carried out in July 1992. is not therefore ineffective because it has not been carried out in accordance with the provisions of the Civil Code which apply to the practice of land use. The same applies to the legal business with which the obligation to transfer and acquire it has been established. The provisions of sentences 1 and 2 shall not apply to the extent that a final decision is contrary to the law. Non-official table of contents

§ 2c Basic book entry

(1) Self-employed building property according to § 2b is on request (§ 13 para. 2 of the Land Code) in the To enter the land register as a burden on the land concerned. If a building land book is not available for the building owner, it will be created on the basis of the registration in the land register.(2) In order to ensure the security of any claims arising from the Sachenrechtsberunification Act, a note should be entered in the second section of the basic book for the property concerned at the request of the user, if there is a property right according to § 2a. In the cases referred to in Article 121 (1) and (2) of the Law on the Law of Law, the registration of the endorsement may also be effected in relation to the person entitled to dispose of the goods with effect from the person entitled to the right of use, as long as the method of retransmission has been completed in accordance with the Asset law is not indisputable. The endorsement shall have the effect of a pre-notice to ensure that these claims are secured. Section 885 of the Civil Code shall be applied accordingly.(3) The acquisition of independent building property and rights in rem in the building of the type referred to in § 2b as a result of the provisions relating to the public faith of the basic book shall only be possible if the building ownership is also subject to the Land is registered. Non-official table of contents

§ 3 Content and Rank of Limited Rights

(1) Rights, with which a thing or right at the end of the day before the effect of the accession shall remain, shall remain with the content and rank resulting from the previous law, unless otherwise provided by the provisions set out below. Section 5 (2) sentence 2 and section 3 of the Act on the award of rights of use to fully-owned land of 14. December 1970 (GBl. 372-Law of Use of the Law of Use) and Section 289 (2) and (3) and Section 293 (1) sentence 2 of the Civil Code of the German Democratic Republic are no longer to be applied. Sentence 2 shall apply in accordance with the provisions of the Law of Use and the Civil Code concerning the withdrawal of a right of use.(2) The repeal of a law with which a property or a right is subject to a property is governed by the provisions of the previous regulations, if the right of entry into the land register is not required and is not registered.(3) The adaptation of the property independent of the property ownership of the building and of the right of use referred to in § 4 (2) to the Civil Code and its subsidiary laws and to the changed circumstances as well as the justification of rights to the Protection of the buildings referred to in § 2a shall be effected in accordance with the Law of the Law of the Law of the Law. An adjustment is reserved for the rest.(4) On pre-emption rights, which have been ordered in accordance with the provisions of the Civil Code of the German Democratic Republic, are from 1. To apply to the provisions of the Civil Code in accordance with § § 1094 to 1104. Non-official table of contents

§ 4 Special provisions for rights of use and property rights in rem

(1) For property ownership pursuant to § 288, paragraph 4, or Section 292 (3) of the Civil Code of the German Democratic Republic shall apply from the date of entry into force of the Act of Accession to the provisions of the Civil Code relating to land, with the exception of sections 927 and 928. Prior to the application of a building land sheet, the right of use of the property on which the property is based is to be entered in the land register of the loaded land. The acquisition of an independent building property or of a right in rem in the building of the type referred to in the first sentence of this Article, pursuant to the provisions relating to the public faith of the general ledger, is only possible if the underlying right of use of the building is also available. the loaded property is registered.(2) A right of use in accordance with § § 287 to 294 of the Civil Code of the German Democratic Republic, which is not registered in the land register of the loaded property, shall be determined by the provisions of the Civil Code on the public Do not believe that the basic book is affected if a home or other building permissible under the right of use is set up in full or in part in the date of the public faith and the underlying purpose of the acquisition is to: Application for application before 1. The report was adopted on 15 January 2001. In such a case, the acquirer of the property or any other right of the land under load may require the cancellation or alteration of the right of use against compensation of the assets resulting from the use of the property, if the property is not the right to use is associated with disadvantages which are considerably greater than the damage caused to the user by the cancellation or alteration of his/her right; this shall not apply if he/she is involved in the acquisition of the property or any other person. On the right, in the relevant time for the public faith of the basic book, the existence of the right of use knew.(3) The downfall of the building shall be without prejudice to the stock of the right of use. On the basis of the right of use, a new building can be erected; charges on the building's property continue on the right of use and the newly constructed building. Where a right of use has been granted only to the basic building area, the right of use shall also include the use of the land in the usual place of use for buildings of the type established, and not more than one area in the case of self-heating. of 500 square meters. On request, the land register shall be adjusted accordingly. Paragraph 2 shall apply accordingly.(4) If there is an independent ownership of the building in accordance with Section 288 (4) and Section 292 (3) of the Civil Code of the German Democratic Republic, the property shall remain at the end of the 31 December period. On the basis of a right of use of the land under that right, a right of use of the property shall exist at the auction, even if it is not taken into account in the determination of the lowest bid.(5) If the user was unreputable in the acquisition of the right of use within the meaning of Section 4 of the Property Law, the property owner may request the cancellation of the right of use by judicial decision. The right to sentence 1 shall be excluded if it is not up to the 31. The Commission has adopted a legislative resolution on 14 December 2000. A request for annulment shall be inadmissible if the property owner has been entitled or has been entitled to an application for the cancellation of the right of use by a decision of the Office for the regulation of open property matters. With the abolition of the right of use, ownership of the building shall be cancelled in accordance with Section 288 (4) and Section 292 (3) of the Civil Code of the German Democratic Republic (DPRD). The building will be part of the property. The user may request compensation for buildings, installations and plantings with which he has provided the property, insofar as the value of the property is hereby increased at the time of the cancellation of the right of use. Basic rights on a building erected on the basis of the right of use continue to the user's claim to the value of the user against the property owner. § 16 (3) sentence 5 of the Property Law shall be applied accordingly.(6) § § 875 and 876 of the Civil Code shall apply to the cancellation of a right of use in accordance with § 287 or § 291 of the Civil Code of the German Democratic Republic (Civil Code). If the right of use is not entered in the land register, the notarized declaration of the person entitled to do so shall be sufficient to apply the right, if the declaration is filed with the land registry. With the cancellation of the right of use, the building ownership shall be issued in accordance with Section 288 (4) or § 292 (3) of the Civil Code of the German Democratic Republic; the building shall form part of the property.(7) Paragraphs 1 to 5 shall apply mutatily to the extent that, under other legislation, property of buildings for which a building land sheet is to be created exists in combination with a right of use on the land concerned. Non-official table of contents

§ 5 Co-use rights

(1) Use rights in the sense of § 321 (1) to (3) and section 322 of the Civil Code of the The German Democratic Republic shall be deemed to be the rights of the affected property, insofar as its grounds for the approval of the owner of this land were required.(2) In so far as the rights referred to in paragraph 1 remain effective in respect of an acquirer of the land under load or of a right in the property, in accordance with the legislation in force on the day before the date of entry into effect of the accession, the rights of the person concerned shall remain effective even are not entered in the land register, they shall retain their effectiveness also in relation to the provisions of the Civil Code on the public faith of the basic book, if the application for registration on which the acquisition is based before the 1. The report was adopted on 15 January 2001. However, the acquirer of the property or any other right in the land subject to the property may, in this case, require the cancellation or amendment of the right of co-use against compensation of the assets resulting from the right to compensate the person entitled to the property if: the right of co-use is associated with disadvantages which are considerably greater than the damage resulting from the repeal or amendment of that right to the person entitled to the right of use; this shall not apply if the person responsible for the repeal or amendment of the In the case of the acquisition of the property or other law on the loaded property in the relevant date for the public faith of the basic book, the right of co-use was required to know the existence of the right of co-use. In the forced auction of the property is at the end of the 31. In December 2000, forced increases to the rights referred to in paragraph 1 of the Act concerning the forced auction and the forced administration of the rights referred to in paragraph 1 of this article are listed in Section III of the Bundesgesetzblatt, outline number 310-13, published revised version, as last amended by Article 7 (24) of the Law of 17. December 1990 (BGBl. 2847), should be applied accordingly.(3) A right of co-use under paragraph 1 as a right to a property may be entered in the land register even if it was not eligible for registration in accordance with the provisions in force on the day before the date of entry into force of the accession. In the case of registration of such a right, the date of the creation of the right shall be recorded if the applicant proves that right in the form provided for in the land register for the registration. If it is not possible to demonstrate the date of creation, the priority shall be given in respect of other rights if the person concerned is authorised to do so.(4) Land law may determine that a right of co-use of the type referred to in paragraph 1 is to be incorporated into the land register with the content of that document, which has been the subject of the provisions of the third paragraph of this Article. October 1990 is in accordance with the law or is most appropriate. Where the obligation to register has been established by a final decision, the right may also be registered in the cases of the first sentence with its content. Nonofficial table of contents

§ 6 Mortgages

(1) For the transfer of mortgage claims in accordance with the Civil Code of the German Democratic Republic The Republic of the Republic of Germany, which shall be on the date of the date of accession, shall be subject to the provisions of the Civil Code to be applied in the transfer of mortgages. The same applies to the cancellation of such mortgages with the proviso that § 1183 of the Civil Code and § 27 of the Basic Book Order are not to be applied. The provisions of the Civil Code on the waiver of a mortgage shall not apply to such mortgages.(2) The transfer of mortgages, basic debt and pension liabilities from the period prior to the entry into force of the Civil Code of the German Democratic Republic and the other dispositions of such rights shall be governed by the relevant provisions of the Rules of the Civil Code. Non-official table of contents

§ 7 Legal changes pending the date of entry into effect of the accession

(1) The transfer of ownership of a Land shall be governed by the provisions of the Civil Code in accordance with the law applicable on the day before the date of entry into force of accession, if the application for entry in the land register before the date of entry into force of the accession has been put forward. This applies accordingly to the property of the building. Was in a contract that was before the 3. If the application has been submitted after that date, a separate authorisation shall not be required if the request is made on 2 October 1990. The provisions of the Civil Code of the German Democratic Republic on the transfer of ownership have been complied with in October 1990.(2) A right to the provisions in force on the day before the date of entry into force of accession may be justified after that date in accordance with those provisions if the registration in the land register is required for that purpose and the land register is subject to the registration of the basic book before the It has been requested that accession be made more effective. § 3 (1) and (2) shall apply mutas to such a right accordingly. Where an application for registration of a right of the kind referred to in the first sentence 1 was requested before the date of accession to the Land Registry, the provisions applicable on the day before the date of entry into force of the accession shall be made available to: , Non-official table of contents

§ 8 Legal relationships according to § 459 of the Civil Code.

Insofar as legal relationships and claims are based on the former § 459 of the Civil Code of the German Democratic Republic and of the implementing provisions adopted thereto at the end of the day before the effective date of accession, they shall remain subject to the provisions of Section 2 and to the Law of the Law of the Law Unification of the State shall be unaffected. § § 2b and 2c are to be applied as far as building ownership exists. Non-official table of contents

§ 9 Rank determination

(1) The ranking of the rights in the land referred to in § 3 (1) shall be determined by the The date of registration in the land register, unless otherwise indicated in the following.(2) In the case of rights to land which are not subject to registration in the land register and are not registered, the rank shall be determined after the date of the formation of the right, in the case of § 5 (3) sentence 2 and 3 after the registered note.(3) The primacy of construction mortgages in accordance with Section 456 (3) of the Civil Code of the German Democratic Republic in conjunction with Section 3 of the Act amending and supplementing the Civil Code of the German Democratic Republic of 28 June 2003. June 1990 (GBl. No 39 p. 524) remains unaffected. The priority can be used for interest rate changes up to a total of 13 of the hundred. The impact of the construction mortgages in accordance with § 458 of the Civil Code of the German Democratic Republic in conjunction with Section 3 of the Act amending and supplementing the Civil Code of the German Democratic Republic of 28 October 2003. June 1990 (GBl. I No 39 p. 524). These provisions shall apply in accordance with basic structural debt. Non-official table of contents

§ 10 Power of representation for people's mergers of old law

(1) Is a right to a property in a property The municipality in which the property is situated shall be the municipality in which the property is situated, subject to any other legal regulation of the person who is not listed in the land register in the Land Registry. Staff reunion and its members, in view of the Community's object. If the plot extends to different municipal districts, the land reordering authority (Section 53 (4) of the Agricultural Adjustment Act) empowers one of the municipalities to represent the person's union.(2) Within the framework of the legal representation of the person's union, the municipality is authorized to use the property. Restrictions on availability resulting from the provisions to which the person is subject to a contract shall not be accepted by the municipality. The congregation shall exercise the representation of the composition of persons in such a way as to correspond to the presumed will of the members in the light of the interests of the general public. § § 666 and 667 of the Civil Code apply accordingly with respect to a redemption of a transfer.(3) The rights of the bodies of the person's composition shall remain unaffected.(4) The authority of representation of the congregation shall end if it is removed by decision of the Parcel Replacement Authority and a copy thereof reaches the basic markets of the land concerned. The removal of the power of representation may be requested by any member of the staff union. The reorganisation authority shall comply with the application if the other representation of the staff union is ensured.(5) Paragraphs 1 to 4 shall apply if the land is designated as a public property in the land register without the indication of an owner.

Second section
Resolution of the soil reform

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§ 11 Principle

(1) Owner of a property marked in the land register as land from the land reform; or , the (first) Regulation on the implementation of the transfer of ownership of land reform land of the 7th is based on a confirmed handover-transfer protocol or a decision on ownership change. August 1975 (GBl. 629), as amended by the Second Regulation on the implementation of the change of ownership of land reform land of the 7th European Union (OJ L 327, 29.5.2010, p. January 1988 (GBl. 25) Beneficiaries, if prior to the expiry of the 2. In the case of the Land Registry, an unfinished request or a non-completed application for registration has been received by the Land Registry in October 1990. Land reform plots, which have been transferred to the People's Party, are under the Third Implementing Regulation of the Trust Act of 29. August 1990 (GBl. I n ° 57, p. 1333), if prior to the expiry of the 2. It received a request or a request for registration as the property of the people in the Land Registry.(2) The ownership of a land other than the land referred to in paragraph 1, which is or has been identified in the land register as land from the land reform, shall be transferred with the entry into force of these provisions,
1.
if at the end of the 15. In March 1990, a surviving natural person was registered as an owner, this person,
2.
if at the end of the 15. The person referred to in paragraph 1 of this Article shall be the person referred to in paragraph 1 of this Article. The provisions of the fifteenth title of the Community are passed on in March 1990 to the person who is his heir or to a community formed by the heirs of the owner who was last registered in the land register.
However, the second book of the Civil Code applies, but the fractions are determined according to the inheritance, unless the partners agree to a different division of the fractions.(3) The person entitled under § 12 may, from the person to whom the property has been transferred to a land under the land reform referred to in paragraph 2, move by train against the assumption of the liabilities in accordance with § 15 para. 1 sentence 2 of the free release of the Demand land. The transfer is free of charge. Each party shall bear its own expenses; the costs of an appraisal of legal transactions to which the owner is bound by the first sentence shall be borne by the person entitled to pay. As a substitute for the release, the person entitled may also require payment of the traffic value of the property; the date of the failure shall be decisive. The claim under sentence 4 can only be asserted if the owner has been requested to pay and has not passed the claim within 2 weeks from the receipt of the payment request, the claim by the release of the To be able to fulfill the plot.(4) The requirements laid down in paragraph 3 shall apply to the provisions of the Civil Code on debt obligations. The owner referred to in paragraph 2 shall be deemed to be responsible for the management of the land until the date of the transfer, on the basis of a claim under paragraph 3, to the person entitled to the property. In the case of legal proceedings under paragraphs 3, 4 and 6, the court shall have exclusive jurisdiction in the district in which the property is wholly or predominantly situated.(5) Where the person referred to in the first sentence of paragraph 1 or in the first sentence of paragraph 2 is married at the relevant date and before the date of accession, the marriage shall be subject to the legal status of the property of the property and property community of the Family code of the German Democratic Republic, that person and their spouse shall be the same fractions of the owner if the spouse is the 22. July 1992.
1.
in the cases referred to in paragraph 1, first sentence, is the date of the confirmation of the Transfer-take-over-log or decision,
2.
in the cases referred to in paragraph 2, first sentence, no. 1 and 2, case 2, of the end of the 15. March 1990 and
3.
in the cases referred to in paragraph 2, no. 2, case 1, the death of the person registered as the owner.
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§ 12 Authorized

(1) Calculated is in the cases of § 11 (2) sentence 1 No. 1 and No. 2 case 2 in the following order:
1.
the person who is responsible for the land or the land part according to the regulations on land reform or the change of ownership of land from land reform, even if the ownership change has not been registered in the land register,
2.
the person in possession of the property or the part of the land at the instigation of a state body or with the express approval thereof as an owner, the
() In the cases of § 11 (2) sentence 1, no. 2, case 1, the person entitled to change the property is in the following order:
1.
not used for essentially commercial use at the end of the 15. In March 1990, existing houses and the associated gardens
a)
shall be the person who owns the property. or the part of the land on which they are located, in accordance with the provisions on land reform or the change of ownership of land from land reform, even if the change of ownership is not in the land register; ,
b)
the person who is the property or the part of the land on which they are located, at the initiative of a public authority or with (c)
the legacy of the last in the land register, the explicit endorsement of which, like an owner, has taken possession of the change of ownership and is capable of being allotted,
c)
on the basis of a decision taken in accordance with the provisions on land reform or the implementation of the change of ownership, the owner of the house at the end of the 15. March 1990,
d)
by way of derogation from the provisions of the Third Implementing Regulation on the Trust Act of 29 November 1990. August 1990 (GBl. 1333) of the tax authorities of the country in which the property is situated, if it is 15 years old. " 2.
.
2.
for land used for agriculture or forestry (blows)
a)
the person who is responsible for the land or the land part in accordance with the regulations on land reform or the change of ownership of land from land reform, even if the ownership change has not been registered in the land register,
b)
the legacy of the owner who was last registered in the land register on the basis of a decision in accordance with the rules on land reform or on the implementation of the change of ownership, the ,
c)
by way of derogation from the provisions of the Third Implementing Regulation to the Trust Law of the Fiskus of the country in which the property is located
(3) It shall be capable of being dispatchable within the meaning of paragraphs 1 and 2, who shall be at the end of the 15. The European Parliament and the Council of the European Union, in the area referred to in Article 3 of the Agreement, have been active in the agricultural, forestry or food industries, or who before the end of the 15. March 1990 in the area referred to in Article 3 of the Unification Treaty in the agricultural, forestry or food industries for a total of at least ten years and, following that activity, no other activity has been carried out, and is not likely to follow in the long term.(4) In the case of a number of persons, the conditions referred to in paragraphs 1 and 2 shall be granted in equal shares. Where the married person referred to in paragraph 1 (1) or (2) (1) (a) and (b) or (2) (a) is married, before the date of accession, the marriage shall be subject to the legal status of the property of the property and property community of the Family code of the German Democratic Republic, the spouse shall be entitled to an equal share.(5) If claims under paragraphs 1 and 2 do not exist, the owner shall be obliged, in accordance with § 11, to grant co-ownership to a co-user in the scope of his co-use. The co-user is who, in a building serving residential purposes, has been allocated housing for self-employed, equal and not only temporary use on a plot of land from land reform. Paragraph 4 shall apply mutatily to the co-user. The claim does not exist if the granting of co-ownership for the owner would mean an unequal hardship, especially taking into account the spatial conditions and the scope of the previous use. Non-official table of contents

§ 13 Ownership of the owner

Will be before the 3. In October 2000, the request for correction of the general ledger in favour of the person who is the owner in accordance with Section 11 (2) shall send a message to the Treasury of the country in which the property is situated. This also applies to dispositions, the registration of which shall be carried out before the 3. may be requested or requested in October 2000. Non-official table of contents

§ 13a Preface for the benefit of the Treasury

At the request of the Treasury, the Land Registry shall bear a note for the protection of the right to claim under Section 11 (3). The notice shall be deleted on its own initiative if the request is annulled by the competent administrative court. Non-official table of contents

§ 14 Statute of limitations

The claims pursuant to § § 11 and 16 shall be subject to the expiry of the 2. October 2000. Is a notice pursuant to § 13 in the up to the 24th for a request for a release. The date of expiry of the period of six months from the date of registration of the notice shall be forfeited in force in July 1997. Non-official table of contents

§ 15 liabilities

(1) The owner is entitled to the entry into force of these rules pursuant to § 11 (2) Liabilities as far as they have been justified for measures on the property. If such liabilities have been redeemed by a person other than the owner, the owner shall be obliged to replace it in so far as the funds have been used for the property. The authorized person shall be entitled to assume the liabilities and obligations referred to in the first sentence.(2) The owner according to § 11 para. 2 is entitled to the task of ownership in accordance with section 928 (1) of the Civil Code. He may refuse to fulfil his obligations under paragraph 1 above from the effective date of the waiver until the transfer referred to in paragraph 3. The declaration of the owner requires the consent of the municipality in which the property is situated, which it has to grant only if it is not known to a person entitled under § 12.(3) In the case referred to in paragraph 2, the right to appropriation shall be entitled, in this order, to the person entitled under § 12, the treasury of the country in which the property is situated, and the creditor of liabilities referred to in paragraph 1. The liabilities shall be applied to the person entitled under § 12, or the treasury of the country in which the property is situated, if they make use of their right of acquisition. The creditor may request the person entitled under § 12 and the treasurer of the country in which the property is situated to renounce their right to seizate. The waiver shall be deemed to be declared if an utterance does not take place within three months of access. If it is effective, claims in accordance with § 12. If the waiver is declared or is deemed to have been declared, other persons entitled to appropriation with their rights may be excluded by the bid procedure if one year has elapsed since the waiver. The legal force of the exclusion decision shall be the owner of the application for the right of appropriation. Several creditors can only exercise their rights together. Non-official table of contents

§ 16 Relationship with other provisions, transitional provisions

(1) The rules of this section allow the Provisions of the property law as well as other provisions according to which the annulment of state decisions or waiver of waiver or the retransmission of assets can be required. The provisions of this Section, in particular Article 12 (2) (2) (c), do not affect the provisions of the Third Implementing Regulation concerning the Trust Act and the requirements of Article 21 (3) and (1) of Article 22 (1). Sentence 7 of the contract of integration. The final division of the assets pursuant to section 12 (2) no. 2 (c) shall be decided by special federal law.(2) The heir to the last registered owner of a land of land reform, marked as such in the land register, shall be deemed to be the heir of the last registered owner of a land of land reform, identified as such in the land register, by a certificate of inheritance or by another public or publicly certified document. the right to dispose of orders which he has undertaken to take before the entry into force of this Section, if, before that date, the registration of the disposal is made or the registration of a notice to secure that claim, or the registration of this order has been requested. In this case, the claim specified in § 11 shall be directed against the heir; the liability of the heir shall be limited to the benefits agreed in the contract in his favour. The provisions of this paragraph shall apply mutatily if the acquirer is entered in the land register or when the acquisition is carried out by the person referred to in Article 11 (2), first sentence, no. 1.(3) An endorsement of the owner's restrictions under the land reform rules may be deleted from official.

Art 234
Fourth book. Family law

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§ 1 Principle

The fourth book of the Civil Code applies to all The family law conditions which exist on the date of the date of entry into force of the accession, unless otherwise specified in the following. Non-official table of contents

§ 2 Deletion

The provisions relating to the deletion do not apply to any solemnies which are before the date of entry into force of the accession. have been closed. unofficial table of contents

§ 3 effects of marriage in general

(1) spouses who have concluded marriage before the date of entry into effect of the marriage, and after the law applicable at the time of the marriage, an election corresponding to the first sentence of Article 1355 (2) of the Civil Code could not be taken until the end of one year after the date of entry into effect of the accession, it may be declared that they The birth name of the man or woman as a marriage name would like to lead. This shall not apply if the marriage is dissolved or annulled. If, before the date of accession, a spouse has added his name to the name of the marriage at the time of the marriage,
1.
eliminates the added name, if the spouses in accordance with the first sentence declare that they wish to have the birth name of that spouse as an enname;
2.
the spouse may, by the end of two years, To make the accession more effective, instead of the added name, it will now be possible to make the name of the birth of his birth. § 1355 (3) of the Civil Code does not apply to a spouse whose name has become the name of marriage at the time of marriage.
2) A name change referred to in the first sentence of paragraph 1 shall apply to the birth name of a person. Descendant, which is the 14. The year of life is completed only if it follows the change in the name of his/her parents by means of a declaration. A descendant limited in the business capacity may only make the declaration himself; he shall require the consent of his legal representative for this purpose. If the former birth name has become a descendant of a descendant, the name change referred to in the first sentence of paragraph 1 shall apply to the eshmac only if the spouses share the declaration referred to in the first sentence of paragraph 2. The declarations referred to in the first and third sentences of paragraph 2 shall be made within one year, and the time limit shall begin with the submission of the declaration referred to in paragraph 1.(3) The declarations referred to in paragraphs 1 and 2 shall be subject to public certification. They shall be sent to the standing officials responsible for their reception. The declarations may also be certified or certified by the registrar's officials.(4) In order to receive the declaration on the change in the name of the marriage, the registry officer shall be responsible for the family book of the spouses; if a family book is not kept, the registry officer shall be responsible for the marriage book. The registry officer shall, on the basis of the declaration, accept the registration in the personal records of his/her own register.(5) In order to receive the declaration on the change in the name of the birth name, the registry officer shall be responsible for the birth book; he shall, on the basis of the declaration, make the registration in the birth register.(6) If the spouses have closed the marriage outside the scope of this law and a family book is not carried out, the registry officer of the Standesamts I in Berlin is responsible. He or she shall, if he does not carry a civil status book, in which an entry would be made on the basis of the declaration, to the declaring and to the person concerned further by the declaration, a certificate of the receipt and effects of the declaration. The same applies if the birth of the descendant is not in the scope of this law.(7) The Federal Minister of the Interior shall be authorized, in consultation with the Federal Minister of Justice and with the consent of the Federal Council for the implementation of this Act, to take account of the detailed treatment of the declarations and the Participation duties of the civil servants to be issued. Non-official table of contents

§ 4 Eheliches property rights

(1) If the spouses are in the legal state of the goods, on the date of the date of entry into force of the The property and property community of the Family Code of the German Democratic Republic shall apply, unless the spouses have agreed otherwise, from that date to the provisions on the legal status of the goods of the Grant Community.(2) Each spouse may, unless a marriage contract has been concluded or the marriage has been divorced, until the end of two years after the date of entry into effect of the accession to the district court, that for the marriage of the previous legal The status of goods should be continued. Section 1411 of the Civil Code applies accordingly. If the declaration is made, the transfer shall be deemed not to take place. From the restoration of the original state of the goods, the spouses may, and in respect of a third party, objecting to a legal transaction which, following the transfer between the spouses or between one of them and the third party, may be has not been carried out.(3) In order to receive the declaration referred to in paragraph 2, each district court shall be responsible. The declaration must be notarized. If the spouses have not made the declaration jointly, the district court shall inform them of the other spouse in accordance with the provisions of the Code of Civil Procedure in force for the purposes of the provisions of the Office. For delivery, expenses are not levied pursuant to § 137 (2) of the Cost Code. If the declaration is accompanied by an application for registration in the register of goods law, the district court shall forward the request with the declaration to the register court. The legal status of goods, which shall be based on the declaration, shall be entered in the register of goods if one of the spouses so requests. If the application is filed only by one of the spouses, the register court shall hear the other spouse before the registration. The court proceedings shall be governed by the provisions of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction.(4) In the cases referred to in paragraph 1, the dispute between the Community property and assets acquired until the date of entry into effect of the accession to the European Union shall apply mutagenic to the meaning of Article 39 of the Family Code of the German Democratic Republic.(5) In the case of spouses who have been divorced before the date of entry into effect, the current law shall remain relevant for the examination of the Community property and property and for the decision on the marriage.(6) For the purpose of assessing the declaration referred to in paragraph 2 and the application for the register of goods and for the registration in the register of goods, the business value shall be EUR 3 000. Non-official table of contents

§ 4a Community property

(1) If the spouses have not made a statement in accordance with § 4 (2) sentence 1, the spouse shall be Property owned by spouses owned by the same fraction. For land and property equal rights, the spouses may determine other shares. The provision shall be made possible within six months of the entry into force of this provision and shall be made by means of the request for correction of the basic book. This provision and the provision do not require the form specified in § 29 of the Basic Book Order. The right to vote in accordance with the second sentence shall be deleted, without prejudice to the third sentence, if the forced auction or the compulsory administration of the land or the same right is ordered or if the registration of a compulsory mortgage in the case of the basic office is is requested.(2) If the spouses have made a declaration in accordance with Article 4 (2) sentence 1, the existing and future Community property shall be subject to the provisions relating to the total good of a goods community managed by both spouses. Application. However, for the dissolution of this Community in the event of divorce, the provisions of the Family Code of the German Democratic Republic shall apply in accordance with the provisions of § 4.(3) It is refuted that the property of spouses in accordance with the Family Code of the German Democratic Republic is to be half-owned, unless other fractions are obtained from the land register or from the register of goods, that a declaration has been made in accordance with Article 4 (2) and (3) or that the Community has been agreed. Non-official table of contents

§ 5 Maintenance of divorced spouses

The maintenance entitlement of a spouse whose marriage is prior to the effective date of the spouse's Accession has been divorced, the previous law remains relevant. Maintenance agreements shall remain unaffected. Non-official table of contents

§ 6 Supply compensation

(1) For spouses who are prior to the basic entry into force of the insurance and Statutory provisions of the Sixth Book of the Social Code-statutory pension insurance-which have been or are divorced in the area referred to in Article 3 of the 'Einigungscontracges' shall be subject to the right of compensation for pensions not. If the marriage is divorced after that date, the compensation shall not take place to the extent that the right to be equated shall be the subject or the basis of an effective agreement concluded before the date of entry into effect of the accession; or of the court decision on the distribution of assets.(2) Paragraph 1 shall apply in accordance with the provisions of
1.
the law for the regulation of hardship in supply compensation of the 21. February 1983 (BGBl. 105), as last amended by Article 24 of the Law of 9. December 2004 (BGBl. I p. 3242),
2.
the Barwert Regulation of 24. June 1977 (BGBl. 1014), as last amended by the Regulation of 26 June 2008. May 2003 (BGBl. 728),
in the version in force. Non-official table of contents

§ 7 descent

(1) Decisions taken before the date of entry into effect and determine that the husband the mother is not the father of the child, who is the father of the child, or that recognition of fatherhood is ineffective, shall remain unaffected. The same is true of a recognition of paternity, which is after the 31. It took effect in March 1966 and before the date of entry into force.(2) The time limits for action by which a child's validity or the recognition of paternity is challenged shall not begin before the date of entry into effect of accession if the person entitled to challenge does not apply in accordance with the law currently in force; has been entitled to action.(3) Before the effective date of accession the paternity has been challenged or brought to a determination of the ineffectiveness of recognition of paternity and has not been finally decided on the actions before the date of entry into effect of the accession, the period shall not be included in the time limits referred to in paragraph 2, until the date of entry into force of the Civil Code, until the date of entry into force of the Civil Code is no longer brought by the plaintiff or not more against the defendant can be directed.(4) Other than the decisions and declarations referred to in paragraph 1 which have the effect of a paternity arrest under the previous law, recognition of paternity within the meaning of the second sentence of paragraph 1 shall be the same. unofficial table of contents

§ § 8 and 9 (omitted)

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§ 10 legal relationship between parents and the child in general

The family name of a child born before the date of action of the accession is determined in The right to name consequences which have occurred until the date of entry into effect of the accession date shall be provided in accordance with the law to date. unofficial table of contents

§ 11 (omitted)

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§ 12 legitimation of non-heroic children

The time limit laid down in § 1740e (1) sentence 1 of the Civil Code does not begin before the date of entry into force of the accession. Non-official table of contents

§ 13 acceptance as a child

(1) For acceptance conditions that have been established before the date of entry into effect, § § 1 sentence 2, § § 1756 and 1760 (2) (e), § 1762 (2) and § § 1767 to 1772 of the Civil Code. § 1766 of the Civil Code does not apply if the marriage has been concluded before the date of entry into force of the accession.(2) The decisions of the Court of First Instance, which have been taken before the date of accession, shall remain unaffected. The same shall apply to decisions taken by a State institution which has abolished an acceptance ratio and which has become effective before the date of accession.(3) Where an acceptance relationship has been established before the date of accession without the consent of the child or a parent, it may therefore be repealed only if the consent has been required under the previous law.(4) Where an acceptance relationship has been established before the date of entry into effect of the accession and the consent of a parent has not been required under the previous law, because
1.
this parent is unable to make a statement for an unforeseeable amount of time was,
2.
this parent was revoked or
3.
the stay of this parent If the parent could not be determined,
the acceptance ratio may, however, be lifted at the request of this parent. § 1761 of the Civil Code applies accordingly.(5) Where an acceptance relationship has been established before the date of entry into effect of the accession and the consent of a parent has been replaced, paragraph 4 shall apply accordingly.(6) An application for the annulment of an acceptance relationship established before the effective date of accession can only be made until the end of three years after the date of entry into force of the accession. Each guardianship court shall be responsible for receiving the application.(7) Where the action of a physical parent has not yet been legally decided on the termination of an acceptance relationship on the date of the date of accession, the application shall be deemed to be a request for the removal of the acceptance ratio. § 1762 (3) of the Civil Code does not apply. Non-official table of contents

§ 14 Guardianship

(1) From the effective date of accession, the existing guardianship and provisional Guardianship of the provisions of the Civil Code.(2) Previous orders of pre-mouths remain effective. If the spouses are jointly appointed to the subpoenas in accordance with Section 90 (1) of the Family Code of the German Democratic Republic, § 1678 (1) (1) shall apply if a co-chairman is prevented from taking part. Half-sentence of the Civil Code accordingly.(3) If the Jugendamt or the State Secretariat itself carries out a guardianship, it shall be continued as an official guardianship (§ § 1791b, 1897, first sentence of the Civil Code). (4) The provisions of the Civil Code on the The application of coins will only be available from 1. 1 January 1992.(5) The previous law shall apply to claims of the guardian of remuneration for the period up to the date of entry into effect of the accession and to the replacement of expenses incurred during that period.(6) Section 11 (4) shall apply accordingly. Non-official table of contents

§ 15 Pflegschaft

(1) On the date of entry into force of the accession, the existing pleas will be added to the corresponding Nurses according to the Civil Code. The circle of action corresponds to the previously defined effect circle.(2) Paragraph 14 (2) to (6) applies accordingly.

Art 235
Fifth book. Erbrecht

Non-official table of contents

§ 1 Erbrechtliche ratios

The previous one remains the previous It is right that the deceased may have died before the date of entry into force of the accession. Non-official table of contents

§ 2 dispositions of death

The establishment or termination of a disposition of death due to the effect of the Accession will be assessed in accordance with the law so far, even if the deceased dies after the date of entry into force. This also applies to the binding of the deceased in the case of a Community testament, provided that the will has been established before the date of accession.

Art 236
Introduction Law-International Private Law

Non-official table of contents

§ 1 Completed operations

Completed before the date of entry into effect of the accession The current international private law shall remain applicable. Non-official table of contents

§ 2 Effects of family law legal relationships

The effects of family law legal relationships are subject to the effective date of accession to the provisions of the second chapter of the first part. Non-official table of contents

§ 3 Goods State

The amicable effects of marrials which have been concluded before the date of entry into force of the accession date, shall be subject from that date to Article 15, taking the place of the date of marriage of the date of entry into force of the accession. To the extent that, on the sole basis of a change in the applicable law as set out in the first sentence, claims would result from the termination of the former state of the goods, they shall be deemed to be stranded until the expiry of two years after the date of entry into force of the accession. name="BJNR006049896BJNG028101377 " />

Art 237
Inventory Protection, Exclusion Deadline

Non-official table of contents

§ 1 Inventory protection

(1) Errors in the purchase, expropriation or other transfer of a property or self-employed building property in people's property are to be considered only if the property or independent building property is in accordance with the general Legal provisions, procedural principles and good administrative practice which were relevant for this at the time of the transfer of the public property (Section 4 (3) (a) Para. 1 of the Property Law), not effectively in the People's Property could have been transferred, or if the possible transfer into national property was not necessarily incompatible with the rule of law. Measures which are seriously incompatible with the principles of justice, legal certainty or proportionality or which have shown arbitrary decisions on a case-by-case basis are incompatible with the principles of the rule of law.(2) If the transfer of the public property pursuant to paragraph 1 is ineffective, the user of the property shall be entitled to the claims in Chapter 2 in conjunction with § 2 of the Law of the Law of the Law of the German Law of Law, if the person in question in the following Rates are given to certain conditions. A structural measure shall also be adopted if the user has purchased a one-or two-family home located on the property in accordance with the provisions relating to the sale of fully-owned buildings or the property by the former legal entity, has been added to or incorporated into a business unit by an assignment recipient or its legal successor to the commercial use. By way of derogation from Section 8 of the Law on the Law of the Law of the Law, it is sufficient for the construction measure to be carried out up to the date on which a lawsuit has become legally dependent on the publication of the land or on the approval of the land-use correction. July 1997, has been carried out or started.(3) The above paragraphs shall not apply to facts which meet the facts of Section 1 of the Property Law; here, the Property Law applies. Non-official table of contents

§ 2 exclusion period

(1) Who is the owner of a property or building in the land register, without the fact that it is Property acquired, acquires the property if the registration before the 3. It will take place in October 1990 until the end of the period of 30 October 1990. The Court of Justice of the European Communities did not request a legal action by the real owner, or a request submitted to the Land Registry by the registered owner or the inconsant of a court, by a right-handed action of the real owner or the inconsant's incontentious disposal. Registration of a contradiction has been attacked. Interim injunctions over the property remain unaffected. If the objection is deleted, the timely collection of the action is required. Reinstatement of the period may be granted in accordance with § § 233 to 238 of the Code of Civil Procedure against the non-indebted failure of the period.(2) If the property is registered in the land register or in the stock sheet (section 113 (1) (5) of the land register) of a land or building, the property of the people is registered, without the existence of a public property, the application shall be acquired under the provisions of the provisions of Processing of the People's Property Authorized legal person of the public or private law the property if the registration before the 3. It will take place in October 1990 until the end of the period of 30 October 1990. No legal proceedings brought by the real owner or by a registered owner or by the right to dispose of the property (Section 8 of the Law on the Property of the Property) or the right of disposal by the registered owner or by the right to dispose of the property. an application for the registration of an objection has been attacked by a court of court. The action or the application for the remission of an injunction may, if a notification of assignment has not yet been issued, also be directed against the authorized person. The provisions of the second sentence of paragraph 1 shall apply mutatily.(3) An objection shall be equal to an objection under paragraphs 1 and 2.(4) The provisions relating to the settlement of the public property and claims under the property law and in accordance with Article 233 § § 11 to 16 shall remain unaffected. It's 24. In the case of a proceeding under the law on property or in the event of negotiations between the person entitled to dispose of the property and a previous owner of the land at that date, the effects referred to in paragraphs 1 to 3 shall not take place until July 1997. after the end of a month after the end of the procedure or the termination of the negotiations, but at the earliest on 1. October 1998.(5) The above paragraphs shall not apply if the persons concerned are prior to the 24.

Seventh-part
Implementation of the Civil Code, Regulation authorisations, country opening clauses, Information requirements

Art 238
Reiserechtliche Rules

(1) The Federal Ministry of Justice is authorized, in agreement with the Federal Ministry of Justice, to Economy and technology by means of legal regulation without the consent of the Federal Council,
1.
as far as it is Protection of the consumer when travelling is required to enact rules to ensure,
a)
that the descriptions of travel do not mislead, but contain clear and accurate information, and
b)
that the tour operator gives the consumer the necessary information
2.
so far it is necessary to protect the consumer from payments or travel without the required protection, the contents and the design of the security certificates according to § 651k para. 3 and the evidence in accordance with § 651k para. 5 of the Civil Code to determine and determine how the passenger is informed of the existence of the protection.
For the purposes set out in the first sentence of sentence 1, it may in particular be determined which information is provided in a prospectus issued by the organiser and in the travel contract must be included, as well as the information provided by the tour operator to the traveler before the contract is concluded and before the journey takes place.(2) The customer money insurer (§ 651k para. 2 of the Civil Code) is obligated to inform the competent authority immediately of termination of the customer money insurance contract.

Art 239
Country Opening Clause

Countries may determine by law that the application for a certificate of notarial certification is required and the insurance on oath instead of the third sentence of § 352 (3) of the Law on the Procedures in family matters and in the matters of voluntary jurisdiction and in accordance with Article 36 (2) sentence 1 of the International Criminal Procedure Act of 29. June 2015 (BGBl. 1042) only before a notary.

Art 240
Information requirements for distance contracts

The Federal Ministry of Justice is authorized to do so by agreement with the Federal Ministry of Economics and Technology by means of a regulation without the consent of the Federal Council, having regard to the mandatory data provided for in Directive 97 /7/EC of the European Parliament and of the Council of 20 June 2000, p. May 1997 on the protection of consumers in respect of distance contracts (OJ L 327, 30.4.1997, p. EC No 19) and Directive 2002/65/EC of the European Parliament and of the Council of 23 June 2002 on the implementation of the European Parliament and of the Council on Directive on the distance sales of financial services to consumers and amending Council Directive 90 /619/EEC and Directives 97 /7/EC and 98 /27/EC (OJ L 378, 31.12.2002, p. EC No 16):
1.
on the details of the contract, in particular on the person of the The operator, the service offered and the general terms and conditions to inform consumers prior to the conclusion of a distance contract,
2.
which Information according to number 1 consumers at which point in text form and
3.
which further information, in particular on revocation and Termination rights, customer service and warranty conditions, to inform consumers in text form after conclusion of the contract and how they should be highlighted.

Art 241
Information Obligations for contracts in electronic commerce

The Federal Ministry of Justice is authorized, in agreement with the Federal Ministry of Economics and Technology, by means of legal regulation without the consent of the Federal Council, under Compliance with the mandatory data provided for in Directive 2000 /31/EC of the European Parliament and of the Council of 8 June 2000 on the The European Parliament and the Council of 27 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the internal market ('Directive on electronic commerce ', OJ C 139, 30.4.2000, p. EC No L 178 p. 1) determine the information to be provided to the customer on the technical details of the conclusion of the contract in electronic commerce, in particular for the correction of input errors, on access to the text of the contract and codes of conduct

Art 242
Information obligations under part-time agreements, contracts for long-term holiday products, brokerage contracts, and contracts for the sale of goods, services and services. as well as exchange system contracts

Non-official table of contents

§ 1 Pre-contractual and contractual mandatory data

(1) As Pre-contractual information according to § 482 (1) of the Civil Code for the conclusion of a part-time housing contract, a contract for a long-term holiday product, a contract of mediation or a exchange system contract are the Information given in accordance with the annexes to Directive 2008 /122/EC of the European Parliament and of the Council of 14 June 2008 1 January 2009 on the protection of consumers with regard to certain aspects of timeshare, long-term holiday products and resale and exchange contracts (OJ L 327, 28.2.2009, p. 10), in an easily accessible form, namely
1.
for a Part-time housing contract the information provided for in Annex I to the Directive,
2.
for a contract for a long-term holiday product, the information provided for in Annex II of the Policy,
3.
for a mediation contract, the information specified in Annex III of the policy,
4.
for an exchange system contract, the information specified in Annex IV to the policy.
(2) The data in Parts 1 and 2 of the Annexes referred to in paragraph 1 (1) to (4) are given in a form shall be made available in accordance with the samples contained in the Annexes. The information referred to in Part 3 of the Annex may be included in the form or be made available in any other way. If they are not included in the form, the form shall indicate where the information is to be found. Unofficial table of contents

§ 2 Information on the right of withdrawal

A part-time residence agreement, a contract for a long term A form in accordance with the model set out in Annex V to Directive 2008 /122/EC of the European Parliament and of the Council of 14 June 2008 is a form of leave, a contract of exchange or a system of exchange systems. 1 January 2009 on the protection of consumers with regard to certain aspects of timeshare, long-term holiday products and resale and exchange contracts (OJ L 327, 28.2.2009, p. 10) in the language referred to in § 483 (1) of the Civil Code, in which the relevant information on the right of withdrawal is inserted in a clear and comprehensible manner.

Art 243
Terms of supply and disposal

The Federal Ministry of Economics and Technology may, in agreement with the Federal Ministry of Justice and the Federal Ministry of Justice, with the approval of the Federal Council, the General Conditions for the Provide a balanced supply of water and district heating as well as the disposal of waste water, including the framework regulations on charges, taking due account of the mutual interests of both sides
1.
set the terms of the contracts in a uniform way,
2.
Rules on the conclusion of the contract, the subject matter and the termination of the contracts, and
3.
The rights and obligations of the Contracting Parties.
Sentence 1 shall apply in accordance with conditions of supply and disposal of supply and disposal of public law, with the exception of the regulation of the administrative procedure. name="BJNR006049896BJNG030604140 " />

Art 244
House building disbursements

The Federal Ministry of Justice is authorized, in agreement with the Federal Ministry of Economics and Technology, by legal regulation without Approval of the Federal Council also, by way of derogation from section 632a of the Civil Code, which may be required for the payment of surcharges in the case of contracts for works contracts which provide for the establishment or conversion of a house or a similar structure to be carried out. Subject, in particular, how many deductises can be agreed upon, which trades can be used to estimate the percentages of the total sum to be paid, the surcharge for a commitment contained in the contract to be made available to the

Art 245
(omitted)

Art 246
>

Art 246
Information Obligations in the Consumer Contract

(1) If this information does not arise from the circumstances, the entrepre shall be obliged, in accordance with Section 312a (2) of the Civil Code, to provide the consumer with a duty to: to make the following information available in a clear and comprehensible manner:
1.
the essential properties of the goods or services in the amount appropriate to the volume and the goods or services,
2.
his identity, such as his trade name and the address of the place where he is established, and his phone number,
3.
the total price of the goods and services, including all taxes and duties, or in cases where the price is due to the nature of the goods or service cannot reasonably be calculated in advance, the nature of the price calculation and, where appropriate, any additional freight, delivery or shipping costs or where such costs are reasonably not calculated in advance , the fact that such additional costs may be incurred
4.
where applicable, the terms of payment, delivery and performance, the date until the date of the (a) an entreprenter who has an obligation to supply the goods or to provide the services, as well as the procedure of the entrepre for dealing with complaints,
5.
the existence of the goods a statutory defect of liability for the goods and, where applicable, the existence and conditions of customer services and guarantees,
6.
where applicable, the Duration of the contract or the terms and conditions of termination of unscheduled contracts or automatically extending contracts,
7.
, if applicable, the operation digital content, including any applicable technical protection measures for such content, and
8.
where applicable, where essential, limitations of Interoperability and the compatibility of digital content with hardware and software, insofar as these limitations are known to or must be known to the trader.
(2) Paragraph 1 shall not apply to contracts, the business of the daily They have the object of life and are immediately fulfilled when the contract is concluded.(3) If the consumer is entitled to a right of withdrawal, the entrepre shall be obliged to inform the consumer in text form about his right of withdrawal. The revocation of the right of withdrawal must be clearly designed and the consumer should make clear its essential rights in a way that is adapted to the means of communication used. It must contain the following:
1.
a reference to the right to revocation,
2.
an indication that the revocation is due to an explanation to the entreprender and does not require any justification,
3.
the name and the loadable address of the person to whom the revocation has to be explained, and
4.
a hint of the duration and the beginning of the revocation period as well as the fact that the timely dispatch of the revocation declaration is sufficient for the period of time to be preserved.

Art 246a
Information requirements for contracts outside of business premises and distance contracts with the exception of financial services contracts

name="BJNR006049896BJNE238400360 " />Non-official Table of Contents

§ 1 Information Obligations

(1) The entrepre is obliged to comply with § 312d (1) of the Civil Code, the to provide the following information to consumers:
1.
the essential characteristics of the goods or services in the scope appropriate for the means of communication and for goods and services,
2.
its identity, for example its the name of the trade and the address of the place to which he is established, his telephone number and, where appropriate, his fax number and e-mail address and, where appropriate, the address and identity of the entreprenter on whose behalf he is responsible;
3.
in addition to the information referred to in point 2, the business address of the entrepre and, where appropriate, the address of the entrepre, on whose behalf he shall: which the consumer may contact with any complaint if that address deviates from the address in point 2,
4.
the total price of the goods, or services, including all taxes and charges, or in cases where the price cannot reasonably be calculated in advance on the basis of the nature of the goods or services, the nature of the calculation of the price, and where applicable, any additional freight, delivery or shipping costs and any other costs, or where such costs cannot reasonably be calculated in advance, the fact that such additional costs are incurred
5.
in the case of an indefinite contract or a subscription contract, the total price, which includes the total cost per accounting period, and, where fixed amounts are charged for such a contract, also the total monthly cost; if the total cost cannot reasonably be calculated in advance, the nature of the price calculation shall be indicated
6.
the cost of using the distance communication tool used for the conclusion of the contract, provided that the consumer charges the costs of the mere use of the distance. Distance communication means,
7.
the terms of payment, delivery and performance, the date by which the trader delivers the goods or the service , and, where appropriate, the operator's procedure for dealing with complaints,
8.
the existence of a statutory defect in the liability of the defect for the Were,
9.
If necessary, the existence and conditions of customer service, customer services and guarantees,
10.
If necessary, existing relevant codes of conduct as referred to in Article 2 (f) of Directive 2005 /29/EC of the European Parliament and of the Council of 11 November 2005. May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84 /450/EEC, Directives 97 /7/EC, 98 /27/EC and 2002 /65/EC of the European Parliament and of the Council of the European Communities, and , and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (OJ L 327, 30.11.2004, p. 22), and how copies thereof may be obtained,
11.
where applicable, the term of the contract or the terms of the termination of the contract without notice. Contracts or automatically extending contracts,
12.
where appropriate, the minimum duration of the obligations of the consumer with the contract ,
13.
where appropriate, the fact that the trader shall require the consumer to provide a security deposit or other financial collateral. , as well as its terms and conditions,
14.
, where appropriate, the functioning of digital content, including any technical protection measures applicable to such content Content,
15.
where relevant, limitations on interoperability and the compatibility of digital content with hardware and software to the extent that such limitations restrictions on the operator are known or need to be known, and
16.
where appropriate, that the consumer is an out-of-court complaint-and The right of appeal procedure to which the trader is subject, and the conditions for access to it.
If the contract is concluded within the framework of a publicly available auction, the information referred to in the first sentence of sentence 1 may be replaced by the information provided for in the first sentence of the first subparagraph. 3 shall be made available to the auctioneer.(2) If the consumer is entitled to a right of revocation in accordance with Section 312g (1) of the Civil Code, the entrepre is obliged to inform the consumer
1.
about the conditions, the deadlines and the procedure for exercising the right of withdrawal in accordance with § 355 paragraph 1 of the Civil Code as well as the sample revocation form in the facility 2,
2.
where appropriate, that the consumer has to bear the costs of returning the goods in the event of revocation and, in the case of distance contracts, in addition to the costs for returning the goods if the goods cannot be returned on the normal postal route due to their nature, and
3.
(a) a consumer, in the case of a contract for the provision of services or the supply of water, gas, electricity or the supply of district heating, which is not agreed in a given volume or in a given quantity; the appropriate amount is owed, in accordance with Article 357 (8) of the Civil Code, to the service provided by the trader, if the consumer exercises the right of withdrawal after he expressly declares the start of the contract, at the request of the entrepre Performance before the expiry of the revocation period required.
The contractor can fulfil these information requirements by submitting the sample provided in Appendix 1 for the revocation instruction correctly filled out in text form.(3) The trader shall also inform the consumer if
1.
the consumer according to § 312g (2) Paragraph 1, points 1, 2, 5 and 7 to 13 of the Civil Code, a right of withdrawal does not admit that the consumer cannot revoke his declaration of intent or
2.
The consumer's right of revocation pursuant to § 312g (2) sentence 1 (3), (4) and (6), as well as § 356 (4) and (5) of the Civil Code, can be erasable prematurely, where the consumer loses an initial right of revocation.
Unofficial table of contents

§ 2 Facilitated information requirements in the case of repair and maintenance work

(1), the consumer shall have a contract for repair and maintenance work which is concluded outside premises where the mutual benefits are immediately met; and the remuneration to be paid by the consumer does not exceed 200 euros, expressly requesting the service of the entrepre, the operator shall provide the consumer with the following information only: style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
the disclosures according to § 1, paragraph 1, sentence 1, number 2, and
2.
the price or the type of price calculation along with a cost estimate of the total cost.
(2) Furthermore, the entreprender has the following information to the consumer about Make available:
1.
the essential properties of the goods or services in the (
)
2.
where appropriate, the conditions, the time limits and the procedure for the exercise of the goods or services. Right of revocation as well as the sample revocation form in Appendix 2 and
3.
where appropriate, the information that the consumer does not revoke his declaration of intent , or the circumstances in which the consumer loses prematurely an initial right of revocation.
(3) A copy or confirmation of the contract made available by the entrepre person pursuant to § 312f (1) of the Civil The Code must contain all information to be provided in accordance with § 1. Unofficial Table Of Contents

§ 3 Facilitated Information Obligations with Limited Presentation

To be used for a distance contract by means of a The operator shall, by means of this means of distance communication, be obliged to communicate with the consumer, by means of such means of distance communication, by means of distance communication which only offers limited space or limited time for the information to be provided to the consumer, at least to provide the following information:
1.
the essential properties of the goods, or services,
2.
the identity of the entrepre,
3.
the total price or in the Cases in which the price cannot reasonably be calculated in advance due to the nature of the goods or services, the nature of the price calculation,
4.
where applicable, the existence of a right of revocation and
5.
where appropriate, the contract period and the Conditions for dismissal of a permanent debt ratio.
The further information in accordance with § 1 shall be made available to the consumer in a suitable manner, in accordance with § 4 (3). Non-official table of contents

§ 4 Formal requirements for compliance with the obligations to provide information

(1) The entrepre must be the consumer of the Provide information according to § § 1 to 3 before submission of its contract declaration in a clear and comprehensible manner.(2) In the case of a contract concluded outside premises, the operator must make the information available on paper or, if the consumer agrees, on another durable medium. The information must be readable. The person of the declaring entrepre must be named. The contractor may provide the information in accordance with § 2 (2) in a different form if the consumer has expressly agreed to this.(3) In the case of a distance contract, the trader must provide the consumer with the information in a way that is adapted to the used distance communication means. Where the information is made available on a durable medium, it must be readable and the person of the declaring entrepre must be called. By way of derogation from the first sentence, the trader may make the information referred to in § 3 sentence 2 available to the consumer in an appropriate manner.

Art 246b
Information requirements for outside of business premises closed contracts and distance contracts for financial services

A non-official table of contents

§ 1 Information Obligations

Information Obligations) (1) In accordance with Section 312d (2) of the Civil Code, the entrepre shall be obliged to inform the consumer in good time before the delivery of his contract of contract, stating the business purpose, in the case of distance contracts in to provide the following information in a way that is adapted to the remote communication means used:
1.
its identity, also the public company registry where the legal entity is registered, and its registry number or equivalent. Identifier,
2.
the main business activity of the entreprent and the supervisory authority responsible for its approval,
3.
the identity of the entreprentee's representative in the Member State where the consumer is resident, if there is one such representative, or the identity of another commercial person as the supplier, if the consumer has business to do with that person, and the property in which that person operates in relation to the consumer
4.
the official address of the entreprender and any other address for the business relationship between this person, his or her representative or any other person who is commercially active point 3 and the consumer, in the case of legal persons, persons ' associations or groups of persons, also the name of the representative authorized to act,
5.
-essential characteristics of the financial service as well as information on how the contract is concluded
6.
the total price of the financial service, including of all related price components, as well as all taxes paid on the operator, or, if no precise price can be specified, its calculation basis enabling the consumer to check the price
7.
any additional costs incurred as well as an indication of any further taxes or costs that are not paid or invoiced by the trader ,
8.
where appropriate, the financial service shall be related to financial instruments which are due to their specific characteristics or to the Operations involving specific risks or whose price is subject to fluctuations in the financial market to which the trader has no influence, and that in the past yields are not an indicator of future yields ,
9.
a period of validity of the information provided, such as the period of validity of temporary offers, in particular: In terms of price,
10.
Payment and fulfillment details,
11.
all the specific additional costs to be borne by the consumer for the use of the distance communication means, if such additional costs are charged by the entreprentee ,
12.
the existence or non-existence of a right of withdrawal, as well as the conditions, details of the exercise, in particular the name and address of the person concerned, , and the legal consequences of the withdrawal, including information on the amount to be paid by the consumer in the event of the withdrawal pursuant to Section 357a of the Civil Code for the performance of the service. has,
13.
the minimum duration of the contract if it has a continuous or periodic performance to content,
14.
the contractual terms and conditions, including any contractual penalties,
15.
the Member States of the European Union, whose right of business to take up relations with the consumer before the conclusion of the Treaty is based,
16.
a contractual clause on the law applicable to the contract or through the competent court,
17.
the languages in which the terms and conditions of the contract and those referred to in this provision are Prior information shall be communicated, as well as the languages in which the trader undertakes, with the consent of the consumer, to communicate during the term of this contract,
18.
where appropriate, that the consumer can use an out-of-court complaint and redress procedure to which the entreprender is subject, and the access requirements of the and
19.
the existence of a guarantee fund or other compensation schemes not covered by Directive 94 /19/EC of the European Parliament and of the Council of 30 June 2000 on the implementation of the European Parliament and of the Council of the European Communities. May 1994 on Deposit Guarantee Schemes (OJ L 136, 31.5.1994, 5) is still subject to Directive 97 /9/EC of the European Parliament and of the Council of 3 June 1994 on the implementation of the European Parliament and of the Council of the European Communities. March 1997 on investor-compensation schemes (OJ C 327, 28.3.1997, p. 22).
(2) In the case of telephone calls, the operator has only the following information to be made available:
1.
the identity of the consumer's contact person and their connection to the entreprender,
2.
the Description of the main characteristics of the financial service,
3.
the total price that the consumer owes to the entreptier for the financial service, including all taxes paid on the trader, or, if no precise price can be specified, the basis for the calculation of the price allowing the consumer to check the price
4.
possible other taxes and costs that are not paid or invoiced by the entreprender, and
5.
The existence or non-existence of a right of withdrawal, as well as the right of withdrawal, including the right of withdrawal and the conditions, details of the exercise and the conditions of withdrawal, are not established. Consequences of revocation including information on the amount to be paid by the consumer in the event of revocation pursuant to Section 357a of the Civil Code for the benefit provided.
Sentence 1 shall apply only if the trader has the following: the consumer has informed that, if requested, further information can be provided and what type of information is available, and the consumer is expressly informed of the transmission of further information prior to the delivery of his/her The contract has not been signed. Non-official table of contents

§ 2 Additional information requirements

(1) The trader has to inform the consumer in good time before the delivery of the To communicate the following information on a durable medium:
1.
Contract terms, including the General Terms and Conditions, and
2.
the information referred to in § 1 paragraph 1.
If the contract is requested, the contract shall be Where the consumer is closed by telephone or by using another means of distance communication which does not permit the communication on a durable medium before the contract is concluded, the trader shall, by way of derogation from the first sentence, have the consumer Provide information immediately after the conclusion of the distance contract.(2) The consumer may, at any time during the term of the contract, require the trader to make available to him the terms and conditions of the contract, including the general terms and conditions in paper form.(3) In order to fulfil its obligation to provide information pursuant to the first sentence of paragraph 1, point 2, in conjunction with Article 1 (1) (12) on the existence of a right of withdrawal, the trader may provide the consumer with the model provided for in Appendix 3 to the consumer. Information about revocation in the case of financial services contracts, which are correctly filled out in text form.

Art 246c
Information requirements for contracts in electronic commerce

Contracts in electronic commerce must inform the customer
1.
about the individual technical steps leading to a conclusion of the contract
2.
whether the contract text is stored by the entreprenter after the contract is concluded and whether it is accessible to the customer,
3.
on how to use the technical means made available in accordance with section 312i (1), first sentence, point 1 of the Civil Code You can see and correct input errors before submitting the contract,
4.
about the languages available for the conclusion of the contract, and
5.
about all relevant codes of conduct, to which the entreprender is subject, as well as the possibility of electronic access to these rules.

Art 247
Information requirements for consumer loan contracts, financial support and loan placement contracts

A non-official table of contents

§ 1 Form and date of pre-contractual information

The information in accordance with § 491a (1) of the Civil Code must be informed in good time before the end of the contract. Consumer loan agreement shall be in text form and shall contain the details arising from § § 3 to 5 and 8 to 13. Non-official table of contents

§ 2 pattern

(1) The information has been made using the European standard information for consumer credit in accordance with to the specimen in Appendix 4 if a contract is not to be concluded in accordance with Section 495 (2) (1), (503) or (2) (2) (2) of the Civil Code.(2) If a contract is to be concluded for the type referred to in Article 495 (2) (1) or (504) (2) of the Civil Code, the lender may, in accordance with the model set out in Annex 5, inform the European Consumer Credit Information . In the case of contracts in accordance with Section 503 of the Civil Code, the lender may use the European Standardized Information Sheet according to the model in Appendix 6. If the lenders do not use the samples, they shall, in the case of information, design and highlight all the information required under sections 3 to 5 and 8 to 13 of the same type.(3) The obligation to inform in accordance with Section 491a (1) of the Civil Code shall be deemed to have been fulfilled if the lender has sent the borrower the duly completed sample in text form. If, at the same time, the loan agreement is a distance contract or a contract concluded outside of business premises, the transmission of the corresponding sample also applies to the requirements of section 312d (2) of the Civil Code as is fulfilled. The obligations referred to in this paragraph shall apply until 31. December 2010 also on transmission of the model in annexes 4 and 5, as amended by the law implementing the Consumer Credit Directive, the civil part of the Payment Services Directive and the reorganisation of the rules on the Revocation and return of the 29. July 2009 (BGBl. 2355). Non-official table of contents

§ 3 Content of pre-contractual information

(1) The information prior to the conclusion of the contract must be provided in the following information: contain:
1.
the name and address of the lender,
2.
the type of Loan,
3.
the annual effective rate,
4.
the net loan amount,
5.
the nominal interest rate,
6.
the contract period,
7.
amount, number, and maturity of each partial payment,
8.
total,
9.
the payout conditions,
10.
all other costs, in particular in connection with the payout or use of a payment authentication instrument that can be used to make both payment transactions and withdrawals, as well as the conditions under which the cost can be adjusted
11.
the default interest rate and the manner of its possible adjustment and, where applicable, the default cost of delay,
12.
a warning about the consequences of discontinuing payments,
13.
the existence or failure of a Right of revocation,
14.
The borrower's right to repay the loan prematurely
15.
the rights resulting from § 491a para. 2 of the Civil Code,
16.
which is based on § 29 (7) of the Federal Data Protection Act.
(2) Total amount is the sum of the net loan amount and total costs. The net loan amount is the maximum amount on which the borrower is entitled under the loan agreement. The total cost and the annual percentage rate of annual interest shall be calculated in accordance with Article 6 of the Regulation on the price of goods.(3) The total amount and the annual percentage rate of annual interest shall be explained on the basis of a representative example. All the assumptions made in the calculation of the annual percentage rate of charge shall be disclosed and the wishes of the borrower to be taken into consideration in respect of individual contractual terms and conditions. The lender has to point out that the annual rate of interest may be increased if the contract of consumer loan provides for a number of disbursals with different costs or rates of interest and the calculation of the amount of the annual rate of interest. effective annual interest is based on the presumption that the possibility of disbursing for the type of loan will be agreed.(4) The reference to the nominal interest rate must include the conditions and the period of time for its application and the manner in which it is adapted. If the target interest rate is dependent on an index or reference interest rate, these are to be indicated. If the consumer loan agreement provides for a number of nominal interest rates, the figures for all nominal interest rates shall be given. If, in the case of the sentence 3, partial payments are made, it shall be stated in which order the outstanding claims of the lender, for which different nominal interest rates apply, are to be repaid by the instalments. Non-official table of contents

§ 4 More information on pre-contractual information

(1) The information must contain the following information to the extent that: are significant for the relevant contract conclusion:
1.
Note that the borrower is to bear emergency costs as a result of the contract conclusion
2.
collateral requested by the lender
3.
Compensation for default and its method of calculation, to the extent that the lender makes use of this claim, if the borrower repays the loan prematurely,
4.
where applicable, the period for which the lender is bound by the information transmitted.
(2) Further information provided by the lender must be spatially separated from the The information referred to in paragraph 1 and in accordance with § § 3 and 8 to 13 shall be given. Non-official table of contents

§ 5 Information on special means of communication

Selects the borrower for contract initiation Means of communication which do not permit the transmission of the above information in the form provided for in § § 1 and 2 shall be subject to the full information provided for in § 1 without delay. In the case of telephone calls, the description of the essential features referred to in Article 246b (1) (5) shall contain at least the information provided for in Article 3 (1) (3) to (9), (3) and (4). Non-official table of contents

§ 6 contract content

(1) The consumer loan contract must contain the following information in a clear and comprehensible way:
1.
the information referred to in § 3 para. 1 Nos. 1 to 14 and paragraph 4,
2.
the name and address of the borrower,
3.
the lender responsible for the lender Supervisory authority,
4.
an indication of the borrower's claim to a repayment plan according to § 492 (3) sentence 2 of the Civil Code,
5.
the procedure to keep on termination of the contract,
6.
all other Contract Terms.
(2) If a right of withdrawal is in accordance with § 495 of the Civil Code, the contract must provide information on the time-limit and in other circumstances for the declaration of withdrawal, as well as an indication of the obligation of the Borrowers will be included to repay an already-paid loan and to pay interest. The amount of interest to be paid per day shall be indicated. If the consumer loan agreement contains a contractual clause in a highlighted and clearly designed form corresponding to the model in Appendix 7, it shall comply with the requirements of the first and second sentences. This shall apply until the end of the 4. November 2011, also with the appropriate use of this design in the version of the law introducing a sample revocation information for consumer loan contracts, amending the rules on the right of withdrawal in the case of Consumer loan agreements and the modification of the lending right of 24. July 2010 (BGBl. 977). The lenders may depart from the pattern in the format and size of the lenders in accordance with the third sentence.(3) The statement of the total amount and the annual percentage rate of charge shall be made in the light of the assumptions made at the time of the conclusion of the contract, which shall be included in the calculation of the annual percentage rate of charge. Non-official table of contents

§ 7 Additional information in the contract

The consumer loan contract must contain the following information in a clear and comprehensible way, in so far as they are significant for the contract:
1.
Note that the borrower has to bear emergency costs,
2.
the collateral and insurance required by the lender, in the case of financial support, in particular, a retention of title,
3.
the calculation method of the claim for compensation for the benefit of the loan, if the lender intends to claim this claim, if the borrower is the loan
4.
The borrower's access to an out-of-court complaint and appeal procedure, and, where appropriate, the conditions for access.
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§ 8 Contracts with additional services

(1) The lender requires the conclusion of a Consumer loan agreement, that the borrower accepts additional services of the lender or concludes another contract, in particular an insurance contract or account management contract, the lender has this together with of pre-contractual information. The pre-contractual information and the contract shall indicate the account management fees and the conditions under which they may be adjusted.(2) If the payments made by the borrower are not subject to direct lending, the periods and conditions for the payment of the nominal interest rates and the recurring and non-recurring costs associated with them shall be the To draw up a consumer loan agreement. Where the borrower undertakes to conclude a consumer loan contract also to form an asset, it must be clear and understandable from the pre-contractual information and from the consumer loan contract that neither the during the term of the contract, the claims that the borrower acquires from the asset formation shall ensure the redemption of the loan, unless this is contractually agreed. Non-official table of contents

§ 9 Differing notification obligations in the case of real estate loan agreements pursuant to Section 503 of the Civil Code

(1) In accordance with § 503 of the Civil Code, in the pre-contractual information and in the consumer loan agreement, deviating from § § 3 to 8, 12 and 13, the information according to § 3 (1) No. 1 to 7, 10 and 13 as well as in accordance with § 3 (4) and § 8 compulsory. The pre-contractual information must also contain a clearly designed indication that the lender will withdraw receivals from the loan agreement without the consent of the borrower and the contractual relationship between a third party and a third party. insofar as the assignment is not excluded in the contract or the borrower has to agree to the transfer. The contract must also contain the information on the right of withdrawal in accordance with § 6 (2).(2) The number of instalments shall not be disclosed if the duration of the loan contract depends on the date of the allocation of a construction contract. Non-official table of contents

§ 10 Differing notification obligations in the case of overdraining in accordance with § 504 para. 2 of the Civil Code

(1) In the case of overdraft possibilities within the meaning of Section 504 (2) of the Civil Code, only by way of derogation from § § 3, 4 and 6 shall be stated:
1.
in pre-contractual information
a)
the disclosures according to § 3 (1) (1) to (6), (10), (11) and (16), (3) and (4) and, where applicable, in accordance with § 4 (1) (4), (4),
b)(
)
style="font-weight:normal; font-style:normal; text-decoration:none;"> the loan termination conditions and
c)
note that the borrower is may be requested at any time to repay the total amount of the loan if a corresponding right of termination is to be agreed for the lender;
2.
in contract
a)
the information given in § 6 1 (1) in conjunction with Section 3 (1) Nos. 1 to 6, 9 and 10, para. 4,
b)
the disclosures according to § 6 (1) Nos. 2 and 5,
c)
the total cost as well as
d)
if necessary the reference number 1 letter c.
(2) In the cases referred to in § 5, the description of the essential characteristics referred to in Article 246b (1) (1) (5) shall contain at least the information referred to in Article 3 (1) (3) to (5), (10), (3) and (4) and in paragraph 1 (1) (c).(3) The indication of the annual percentage rate of charge shall be deductible if the lender does not require any additional costs in addition to the nominal interest rates and the nominal interest rate shall not be due in shorter periods of time than three months. Non-official table of contents

§ 11 Deviating notification obligations for debt rescheduling pursuant to § 495, paragraph 2, point 1 of the Civil Code

(1) In derogation from § § 3, 4 and 6, rescheduling of debt in accordance with Section 495 (2) (1) of the Civil Code shall only be indicated:
1.
in pre-contractual information
a)
the disclosures according to § 3 (1) Nos. 1 to 7, 10, 11, 14 and 16, para. 3 and 4,
b)
the disclosures according to § 4 (1) (1) No. 3,
c)
the information specified in section 10 (1) (1) (b) and
d)
where applicable Information according to § 4 paragraph 1 no. 4;
2.
in contract
a)
the disclosures according to § 6 para. 1 no. 1 in conjunction with § 3 (1) Nos. 1 to 9, 11 and 14, para. 3 and 4, and
b)
the disclosures according to § 6 (1) Nos. 2 to 4 and 6.
2) In the cases of § 5, the description of the essential features referred to in Article 246b § 1, paragraph 1, point 5 shall contain at least the information referred to in Article 3 (1) (3) to (6), (10) and (3) and (4(3) If a contract of consumer loan is concluded pursuant to Section 495 (2) (1) of the Civil Code as a confisable opportunity within the meaning of Section 504 (2) sentence 1 of the Civil Code, § 10 shall apply. Paragraphs 1 and 2 shall not apply. Non-official table of contents

§ 12 Related contracts and financial assistance in connection

(1) § § 1 to 11 shall apply in accordance with the provisions of § 506 (1) of the Civil Code, paragraph 1 of the Civil Code, on charges for financial assistance. In the case of these contracts or consumer loan contracts, which are linked to another contract in accordance with Section 358 of the Civil Code or in which a product or service is indicated in accordance with Section 360 (2) sentence 2 of the Civil Code, must include:
1.
the pre-contractual information, even in the cases of § 5, the subject matter and the Cash price,
2.
the contract
a)
the object and the cash price as well as
b)
Information on the subject matter of § § 358 and 359, or Section 360 of the Civil Code and on the conditions governing the exercise of these rights.
a contract clause in a highlighted and clearly designed form in the consumer loan agreement, which is the model of the contract. in Annex 7, it shall comply with the requirements set out in sentence 2 (2) (b) of the Civil Code in the case of related contracts and transactions in accordance with the second sentence of Section 360 (2) of the Civil Code. This shall apply until the end of the 4. November 2011, also with the appropriate use of this design in the version of the law introducing a sample revocation information for consumer loan contracts, amending the rules on the right of withdrawal in the case of Consumer loan agreements and the modification of the lending right of 24. July 2010 (BGBl. 977). In the case of contracts for a financial assistance, these legal consequences shall only occur if the information is adapted to the type of contract available in the individual case. The lenders may depart from the pattern in the format and size of the lenders in accordance with the third sentence.(2) In the case of contracts pursuant to Section 506 (2) (3) of the Civil Code, the information according to § 3 (1) (14), § 4 (1) (3) and (7) (3) is deprivation. Section 14 (1) sentence 2 shall not apply. If the trader has acquired the item for the consumer, he shall replace the cash price of the purchase price. Non-official table of contents

§ 13 Loan intermediary

(1) If a consumer loan contract or a consumer loan agreement is concluded or is not completed, In accordance with § 3 (1) (1) and the content of the contract in accordance with section 6 (1), the name and address of the loan agent involved shall be supplemented by the information provided for in Article 3 (1) (1) and the contract content.(2) Where the loan agreement is concluded with a consumer within the meaning of Section 655a of the Civil Code, the loan intermediary shall, in good time before the conclusion of the loan agreement, be placed on a durable consumer Teach media about
1.
requested by the consumer Remuneration,
2.
the fact that he receives a fee for the mediation of a third party, and, if applicable, its height,
3.
the scope of its powers, in particular, whether it operates exclusively for one or more specific lenders or independently, and
4.
If necessary, other additional charges required by the consumer and their height, if this is known at the time of the notification, otherwise a maximum amount.
the loan agreement referred to in Article 655a of the Civil Code shall be concluded exclusively with a third party, the loan intermediary shall, in good time before the conclusion of an brokered contract within the meaning of paragraph 1, shall be granted to the consumer to be informed on a durable medium of the particulars referred to in the first and third sentences of the first sentence of paragraph 1.(3) The creditor shall inform the lender of the amount of the remuneration requested by him prior to the acceptance of the contract. Intermediaries and lenders shall ensure that the other party receives a copy of the contract within the meaning of paragraph 1.(4) If the loan intermediary is in contact with a consumer for the conclusion of a consumer loan contract or a contract for a paid financial assistance, he shall include the information referred to in the first sentence of paragraph 2 of this paragraph. Non-official table of contents

§ 14 Tilgplan

(1) The borrower requires a third sentence of the second sentence of § 492 (3) of the Civil Code to be submitted to the borrower Recovery plan, must be made up of which payments are to be made at which time intervals and which conditions apply to these payments. The amount of the partial payments on the loan, the interest calculated on the basis of the nominal interest rate and the other costs are to be broken down.(2) Where the nominal interest rate is not committed or the other costs may be adjusted, the repayment plan shall indicate in a clear and comprehensible form that the data of the repayment plan shall only be adjusted until the next adjustment of the target interest rate or the rate of other costs.(3) The redemption plan shall be made available to the borrower on a durable medium. The claim shall not liaze as long as the contractual relationship exists. Unofficial table of contents

§ 15 Interest adjustment subsets

(1) An interest rate adjustment in a consumer loan agreement or a contract After the lender has received the borrower from
1.
the adjusted target interest rate,
2.
the custom height of the partial payments and
3.
the number and maturity of the partial payments, provided that: that change,
has done so.(2) If the adjustment of the nominal interest rate is due to the change in a reference interest rate, the Contracting Parties may agree to a date deviating from paragraph 1 for the effectiveness of the interest rate adjustment. In such cases, the contract must provide for the creditor's obligation to inform the borrower in accordance with paragraph 1 at regular intervals. In addition, the borrower must be able to view the amount of the reference interest rate in the lending business premises. Non-official table of contents

§ 16 Information on overdraft information

The disclosure in accordance with § 504 (1) sentence 1 of the German Civil Code must contain the following information:
1.
the exact period to which it is related
2.
The date and amount of the amounts paid to the borrower,
3.
balance and date of the previous Information,
4.
the new balance,
5.
The date and amount of the repayments of the Borrower,
6.
the applied target interest rate,
7.
the collected costs and
8.
the minimum amount to be repaid.
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§ 17 Data on condoned overdrags

(1) The information in accordance with § 505 (1) of the Civil Code must contain the following information:
1.
the nominal interest rate, the conditions for its application, and, if any, indexes or reference interest rates to which the target interest rate refers
2.
all costs incurred as of the time of the contraction, as well as the conditions under which the costs can be adjusted.
(2) The briefing in accordance with § 505 (2) The Civil Code must contain the following information:
1.
the existence of an overdraft,
2.
the amount of the overdraft,
3.
the target interest rate and
4.
possible contractual penalties, costs, and default interest rates.

Art 248
Information requirements for the provision of Payment Services

Section 1
General Rules

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§ 1 Conkurting information obligations

If the payment service contract is a distance contract or a contract concluded outside of business premises, the information obligations under Article 246b § 1 shall be Paragraph 1 shall be replaced by the information requirements in accordance with § § 2 to 16. In the case of distance contracts, this shall not apply to the information requirements referred to in Article 246b (1) (12) (12) of Article 246b (1) (7), (7) to (12), (15) and (19), and in the case of contracts outside of business premises. Non-official table of contents

§ 2 General form

The information and terms and conditions of the contract are in one of the official languages of the Member State of the the European Union or the State Party to the Agreement on the European Economic Area in which the payment service is offered, or in another language agreed between the parties, in a clear and comprehensible way. name="BJNR006049896BJNG053600140 " />

Section 2
Payment Services Agreements

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§ 3 Special Form

In the case of payment service contracts (§ 675f (2) of the Civil Code), the payment service provider shall have the information and contractual conditions on a durable medium referred to in § § 4 to 9 of the Civil Code. . Non-official table of contents

§ 4 Pre-contractual information

(1) The following pre-contractual information and terms and conditions must be shall be notified in good time before the payment service user ' s declaration of contract is issued:
1.
Payment service provider
a)
the name, the charge-enabled address of its head office, and where appropriate, its agent or branch in the Member State in which the payment service is offered, and any other addresses, including e-mail addresses, for communication with the payment service provider of Belang , and
b)
the supervisory authorities responsible for the payment service provider and the register or each of the registers held by the Bundesanstalt für Finanzdienstleistungsaufsicht (Bundesanstalt für Finanzdienstleistungsaufsicht) other relevant public registers, in which the payment service provider is registered as registered, and its register number or equivalent identifier used in that register
2.
to use the payment service
a)
a description of the essential characteristics of the payment service to be provided,
b)
information or Customer identifiers that are required for the proper execution of a payment order
c)
the manner of consent to the execution of a payment transaction and revocation of a payment order in accordance with § § 675j and 675p of the Civil Code,
d)
the date from which a payment order according to § 675n para. 1 of the Civil code, and where applicable, the date specified by the payment service provider in accordance with § 675n para. 1 sentence 3,
e)
the maximum Period of execution for the payment services to be provided and
f)
whether or not there is a possibility to limit the amount of an amount for the use of a payment service. Payment authentication instruments according to § 675k para. 1 of the Civil Code to be agreed
3.
on charges, interest and exchange rates
a)
all charges that the payment service user has to pay to the payment service provider, and where appropriate, their breakdown,
(b)
where appropriate, the underlying interest rates and exchange rates, or, where reference rates and exchange rates are used, the Method for the calculation of the actual interest rate and the relevant date and index or the basis for the determination of the reference interest rate or exchange rate, and
c)
as far as agreed, the direct effect of changes in the reference interest rate or exchange rate in accordance with § 675g (3) of the Civil code
4.
to communicate
a)
the means of communication, provided that it is agreed between the parties for information transmission and disclosure requirements, including their requirements for technical Equipment of the payment service user,
b)
Information on how and how often the information required under this article is to be communicated or made available ,
c)
the language or languages in which the contract is to be concluded and in which the communication for the duration of the contractual relationship is to be concluded , and
d)
a reference to the right of the payment service user in accordance with § 5, information and terms of the contract in a document
5.
to the protection and remedial actions
a)
If necessary, a description of how the payment service user securely stores a payment authentication instrument and how he is required to notify the payment service provider. in accordance with § 675l, second sentence, of the Civil Code,
b)
where agreed, the conditions under which the payment service provider reserves the right to: Payment authentication instrument to be blocked pursuant to § 675k para. 2 of the Civil Code,
c)
Information on the liability of the payer in accordance with § 675v of the Civil Code Legal code, including the maximum amount,
d)
Details of how and within which period the payment service user has not authorized the payment service provider or erroneous payment transactions in accordance with § 676b of the Civil Code, as well as information on the liability of the payment service provider in the event of unauthorised payment transactions according to § 675u of the Civil Code Law book,
e)
Information on the liability of the payment service provider in the execution of payment transactions according to § 675y of the Civil Code and
f)
the terms and conditions for refunds in accordance with § 675x of the Civil Code
6.
on changes to the terms and termination of the payment service contract agreement
a)
as far as agreed, the indication that the payment service user's consent to a change of the terms according to § 675g of the Civil Code shall be deemed to be granted if he/she is Payment service provider has not indicated its rejection before the date on which the changed conditions are to enter into force,
b)
the term of the contract and
c)
an indication of the right of the payment service user to terminate the contract, as well as other termination-related agreements according to § 675g para. 2 and § 675h of the Civil Code
7.
the contractual clauses relating to the law applicable to the payment service contract or to the competent court and
8.
a reference to the appeal proceedings pursuant to Section 28 of the Payment Services Supervisory Act and to the out-of-court redress procedure in accordance with § 14 of the Injunctions Act.
(2) If, at the request of the payment service user, the payment service contract is concluded using a means of distance communication, which the payment service provider is required to communicate to the payment service provider, the notification of the payment service contract referred to in paragraph 1 , the payment service provider shall immediately after the conclusion of the contract in the form provided for in § § 2 and 3 of the contract, the payment service provider shall inform the payment service user immediately after the conclusion of the contract in the form provided for in .3. The obligations referred to in paragraph 1 may also be fulfilled by sending a copy of the draft Treaty containing the information and the terms and conditions of the contract required under paragraph 1. Non-official table of contents

§ 5 Access to contract terms and pre-contractual information during contract term

During the period of the contract period, the The payment service user may at any time request the transmission of the terms and conditions of the contract as well as the information referred to in § 4 in paper form or on another durable medium. Non-official table of contents

§ 6 Information before performing individual payment transactions

Before you run a single payment from the payer At the request of the payer, the payment service provider shall inform the payment service provider of the maximum execution period for this payment transaction, as well as the charges to be charged and, if necessary, the breakdown thereof. Non-official table of contents

§ 7 Information to the payer for individual payment transactions

After loading the payer's account with the Payment amount of a single payment transaction or, if the payer does not use a payment account, after receipt of the payment order, the payment service provider of the payer shall immediately inform the payer with the following information:
1.
an identifier associated with the payment process that allows the payer to identify the payment transaction in question, as well as details of the payment process. Payee,
2.
the payment amount in the currency in which the payer's payment account is charged, or in the currency used in the payment order. ,
3.
where appropriate, the amount of the fees to be paid for the payment transaction and the breakdown thereof or the amount to be paid by the payer. Interest,
4.
where appropriate, the exchange rate used by the payer's payment service provider to the payment transaction and the amount of the amount that has been paid by the payer's payment service provider. Currency translation is the subject of the payment transaction, and
5.
the value date of the burden or the date of receipt of the payment order.
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§ 8 Information to the payee for individual payment transactions

After completing a single payment operation The payee's payment service provider shall immediately inform the payee of the following information:
1.
an identifier associated with the payment transaction, which shall be Payee allows identification of the payment transaction in question and, where applicable, the payer, as well as other details provided with the payment transaction,
2.
the payment amount in the currency in which this amount is credited to the payee's payment account,
3.
where applicable, the amount of fees to be paid for the payment transaction and its breakdown or interest to be paid by the payee,
4.
where applicable, the exchange rate used by the payee's payment service provider to pay for the payment transaction and the amount that is the subject of this currency conversion of the payment transaction, and
5.
the value date of the credit.
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§ 9 Other information during the contractual relationship

During the contractual relationship, the payment service provider is obliged to: Inform the payment service user immediately if
1.
change circumstances beyond which the information was informed in accordance with § 4 (1) No. 1 or
2.
to the detriment of the payment service user changes of interest rates have become effective.
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§ 10 Differing agreements

For the information referred to in § § 7, 8 and 9 No. 2, payment service providers and payment service users can use a different Frequency and a form or a deviating procedure, deviating from § 3. However, the payment service provider shall inform the payment service provider of the information referred to in § § 7 and 8 at least once a month in such a way that the payment service user is able to keep and reproduce the information unchanged. Non-official table of contents

§ 11 Exceptions to small amount instruments and electronic money

(1) In the case of payment service contracts for the transfer of a small amount instrument (Section 675i (1) of the Civil Code), by way of derogation from § § 4 and 6, the payment service provider shall communicate to the payment service user only the following: style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
the essential characteristics of the payment service, including the usage options of the Small Amount Instrument,
2.
Disclaimer,
3.
The charges incurred and
4.
the other contract information that is essential to the payment service user.
Furthermore, the payment service provider shall indicate where the other payment service provider is subject in accordance with § 4. shall be made available in an easily accessible form.(2) In the case of contracts as referred to in paragraph 1, the contracting parties may, by way of derogation from § § 7 and 8, agree that the payment service provider shall be entitled to the payment service user after the execution of a payment transaction
1.
will only have to provide or make available an identifier associated with the payment process that it to identify the payment transaction in question, its amount and the charges levied, and, in the case of a number of similar payment transactions, to the same payee, an item of information relating to the total amount and the amount of the charges levied on the payment transaction. For those payment transactions,
2.
does not require the information referred to in point 1 to be communicated or made available when the use of the information is not available. the small amount instrument cannot be attributed to any payment service user, or where the payment service provider is otherwise technically unable to communicate this information; in that case, the payment service provider shall have the following information: To offer payment service users a way to check the saved amounts.

Section 3
Single Payment Contracts

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§ 12 Special Form

In the case of a single payment contract that is not the subject of a payment service contract, the payment service provider has the to provide payment service users with the information and terms and conditions referred to in § 13 in an easily accessible form. At the request of the payment service user, the payment service provider shall provide the payment service provider with the information and contractual terms and conditions in paper form or on another durable medium. Non-official table of contents

§ 13 Pre-contractual information

(1) The following pre-contractual information and terms and conditions are provide the payment service user in good time before submitting the contractual declaration:
1.
the information to be communicated by the payment service user, or Customer identifiers that are required for the proper execution of a payment order
2.
the maximum execution time limit for the payment service,
3.
all charges payable by the payment service user to the payment service provider, and, where applicable, their breakdown,
4.
where applicable, the actual exchange rate or exchange rate to be used for the payment transaction.
The other information referred to in Article 4 (1) shall be provided as far as they are are significant for the individual payment contract, also to be provided to the payment service user.Where, at the request of the payment service user, the individual payment contract is concluded using a means of distance communication which the payment service provider does not authorise the information sub-section referred to in paragraph 1, the payment service provider shall have the following: Payment service providers shall inform the payment service user immediately after the execution of the payment transaction in the form provided for in § § 2 and 12.3. The obligations referred to in paragraph 1 may also be fulfilled by sending a copy of the draft Treaty containing the information and the terms and conditions of the contract required under paragraph 1. Non-official table of contents

§ 14 Information to the payer after receipt of the payment order

After receipt of the payment order, the Payment service provider of the payer immediately via
1.
the identifier assigned to the payment transaction, which identifies the payer to the identification of the payment transaction, as well as details of the payee,
2.
the payment amount in the currency used in the payment order,
3.
the amount of charges to be paid by the payer for the payment process and, if necessary, their breakdown,
4.
where applicable, the exchange rate used by the payer's payment service provider to the payment transaction, or a reference to it, provided that this course is based on the terms of section 13 (1) no. 4), and the amount which is the subject of the payment after this currency translation and
5.
the date of access of the Payment Order.
Non-official table of contents

§ 15 Information to the payee after completion of the payment operation

After Execution of the payment transaction the payee's payment service provider shall immediately inform the payee via
1.
the identifier assigned to the payment transaction, the enables the payee to identify the payment transaction concerned and, where appropriate, the payer, as well as other details provided with the payment transaction,
2.
the payment amount in the currency in which it is available to the payee,
3.
the amount of the the fees payable by the payee for the payment transaction and, where appropriate, the breakdown thereof,
4.
where appropriate, the exchange rate which the the payee's payment service provider is based on the payment transaction and the amount that was the subject of the payment transaction prior to this currency conversion and
5.
the value creation date of the credit.
unofficial table of contents

§ 16 Information on individual payment by means of a framework-contractually regulated payment authentication instrument.

A payment order for a single payment is transmitted via a payment authentication instrument, which is regulated by a framework contract, according to , only the payment service provider, which is the party to the payment service contract, is obliged to inform the payment service user in accordance with Section 2.

Section 4
Information requirements of Payees and third parties

Non-official table of contents

§ 17 Payee's Information Obligations

(1) payments are made by means of a payment authentication instrument in a currency other than the euro, and if a currency translation is offered by the payee prior to the triggering of the payment transaction, the payee has to pay the payer to the payer all the charges associated with the exchange rate and the exchange rate used for the conversion of currencies.(2) where the payee requires a payment for the use of a certain payment authentication instrument or offers a discount, he shall inform the payer of the payment before the payment transaction is triggered. Unofficial Table Of Contents

§ 18 Third Party Information Obligations

requires a third party over which a payment service user is to pay a payment transaction , it shall inform the payment service user prior to the triggering of the payment transaction, for the use of a given payment authentication instrument. Non-official table of contents

§ 19 Differing agreements

If the payment service user is not a consumer, then the Parties agree that § § 17 and 18 are not to be applied in whole or in part. Unofficial table of contents

Appendix 1 (to Article 246a § 1, paragraph 2, sentence 2)
Sample of revocation notice outside of business premises and, in the case of distance contracts with the exception of contracts relating to financial

(BGBl). I 2013, p. 3663-3664)

Revocation instruction
Revocation right
You have the right to do this contract within fourteen days without giving reasons revoked.
The revocation period is fourteen days from the day.
To exercise your revocation right, you must () by means of a clear statement (e.g. B. a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the enclosed sample revocation form, but it is not required.
Maintenance of the withdrawal period is sufficient for you to send the communication on the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you revoke this contract, we will give you all the payments we have received from you, including the delivery costs (except for the additional costs that arise from the fact that you have a have chosen the most favourable standard delivery offered by us), to repay immediately and no later than fourteen days from the date on which the notice of your revocation of this contract has been received by us. is. For this repayment, we will use the same means of payment that you have used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. calculated. 
considerations:
1.
Add one of the following text building blocks:
a)
in the case of a service contract or a contract for the supply of water, gas or electricity, if they are not offered for sale in a limited volume or quantity, of district heating or of digital content not delivered on a physical medium: " the Contract conclusion. ";
b)
in the case of a purchase contract:" to which you or a third party named by you, who is not the carrier, have taken possession of the goods. or ';
c)
in the case of a contract for several goods which the consumer has ordered as part of a single order and which shall be delivered separately:'; to which you or a third party named by you, who is not the carrier, have taken possession of the last goods, or has. ";
d)
in the case of a contract on the Delivery of a product in several submissions or pieces: " to which you or a third party named by you, who is not the carrier, have taken possession of the last partial consignment or the last piece, respectively. . ";
e)
in the case of a contract for the regular delivery of goods over a specified period of time: " to which you or a third party named by you, who is not the carrier, who is have taken possession of the first product, or has.
Add your name, address, and, if available, your phone number, fax number, and email address.
 If you choose to give the consumer the choice of information about his/her To electronically fill out and transmit the contract on your website, please insert the following: " You can also use the sample withdrawal form or any other unique explanation on our website [insert internet address] electronically fill in and transmit it. If you make use of this option, we will immediately inform you (e.g. B. by email) a confirmation of receipt of such revocation. "
In the case of purchase contracts in which you have not offered to pick up the goods yourself in the event of revocation, add the following: " We can refund the repayment until we have returned the goods, or until you have provided proof that you have returned the goods, whichever is the earlier. "
 If the consumer has been awarded goods in connection with the contract:
a)
Add a:
-
"We will pick up the goods." or
-
" You have the goods immediately and in any case no later than Fourteen days from the date on which you inform us of the revocation of this contract, to ... to us or to [insert the name and address of the person authorized by you to receive the goods] or to return it to us or to [here] to be submitted. The deadline is maintained if you send the goods before the expiry of the period of fourteen days.
b)
add:
-
"We will bear the cost of returning the goods.";
-
"You are responsible for the immediate cost of returning the goods.";
-
If you are using a distance contract do not offer to bear the cost of returning the goods, and the goods cannot be returned normally with the post due to their nature: " You shall bear the immediate cost of returning the goods at the level of ... EUR [ amount ', or, if the costs cannot reasonably be calculated in advance:' You shall bear the direct cost of returning the goods. The costs will be reduced to a maximum of ... EUR [insert amount] estimated." or
-
If the goods cannot be returned normally with the post on a contract concluded outside of business premises, due to their nature, and have been delivered to the consumer's home at the time of conclusion of the contract: "We shall collect the goods at our expense."
c)
insert: " shall be subject to the loss of value of the goods only if this loss of value is attributable to a handling of the goods which is not necessary for the examination of the nature, characteristics and functioning of the goods.
In the case of a contract to provide Services or the supply of water, gas or electricity, if they are not offered for sale in a limited volume or in a certain quantity, or by district heating you insert: " Have you requested that the Services or supply of water/gas/electricity/district heating [Delete inaccurate] during the revocation period, you will have to pay us a reasonable amount, which shall be the proportion of the up to the date you give us of the Exercise of the right of revocation in respect of this contract, services already provided in comparison to the total amount of services provided for in the contract.
unofficial table of contents

asset 2 (to article 246a § 1 paragraph 2 sentence 1 number 1 and § 2 paragraph 2 number 2)
pattern for revocation form

(site: BGBl. I 2013, p. 3665)

Sample revocation form
(If you want to cancel the contract, please fill out this form and send it back.)
-
On [ here is the name, address and, if applicable, the fax number and To insert an entrepre's e-mail address by the entrepre]:
-
hereby revoke (s) the contract concluded by me/us (*) for the purchase of the the following goods (*) /the provision of the following service (*)
-
Beds on (*) /obtained on (*)
-
Consumer name (s)
-
Consumer address (s)
-
Signature of the consumer (s) (only when note on paper)
-
date

(*) Delete inaccurate.
unofficial table of contents

Appendix 3 (to article 246b § 2 (3)
A sample of the withdrawal of revocation of contracts concluded outside of premises and in the case of distance contracts relating to financial services.

(Fundstelle: BGBl. I 2013, pp. 3666-3667)

Revocation instructions
Revocation right
You can use your contract declaration within 14 days without giving reasons of a clear statement. The period begins after receipt of this information on a durable medium. In order to maintain the revocation period, the timely dispatch of the revocation shall suffice if: the declaration on a durable medium (e.g. B. letter, fax, e-mail). The revocation is to be directed to:
Revocation sequences
In the event of an effective revocation, the services received on both sides are to be returned. You are obligated to pay compensation for the service provided until the revocation of the service if you apply to this legal order before you submit your contract. , and have expressly agreed that, before the end of the withdrawal period, we shall begin to carry out the consideration. If there is an obligation to pay compensation, this may result in you having to fulfil the contractual payment obligations for the period up to the revocation. Your right of revocation shall take place prematurely if the contract is completely fulfilled by both parties at your express request before you have exercised your right of revocation. Obligations to reimburse payments must be fulfilled within 30 days. The deadline begins for you with the dispatch of your revocation declaration, for us with their receipt.
Special notes
(location), (date), (consumer's signature)
hints:
In one of the following special cases, insert the following:
a)
In the provision of financial services except payment services: ", but not before the conclusion of the contract and also not before the fulfilment of our information requirements pursuant to Article 246b § 2 (1) in conjunction with Article 246b (1) (1) of the EC Civil Code (EC) ";
b)
On conclusion of contracts for the provision of payment services in distance selling:
aa)
on payment service contracts: ", but not before contract conclusion and even before fulfillment of our information obligations pursuant to Article 246b § 2 (1) in conjunction with Section 1 (1) (7) to (12), (15) and (19) and Article 248 (4) (1) of the EC Civil Code (EGBGB) ";
bb)
Small-amount instruments within the meaning of § 675i (1) BGB: ", but not before the conclusion of the contract and also not before the fulfilment of our information obligations pursuant to Article 246b § 2 (1) in conjunction with § 1 (1) number 7 to 12, 15 and 19 as well as Article 248 § 11 (1) of the EGBGB ";
cc)
in the case of individual payment contracts:", but not before the conclusion of the contract and also not before the fulfilment of our information requirements in accordance with Article 246b § 2 (1) in conjunction with Section 1 (1) (7) to (12), (15) and (19) and Article 248 (13) (1) of the EC Civil Code (EGBGB
c)
On conclusion of contracts on the provision of payment services outside of business premises:
aa)
", but not before the conclusion of the contract and also not before the fulfilment of our information obligations pursuant to Article 246b § 2 in conjunction with Section 1, paragraph 1, point 12, and Article 248 § 4 (1) of the EGBGB";
bb)
for small amount instruments within the meaning of § 675i paragraph 1 BGB: ", but not before the conclusion of the contract and also not before the fulfilment of our information requirements pursuant to Article 246b § 2 in Connection with Section 1 (1) (12) and Article 248 (11) (1) of the EC Civil Code (EGBGB) ";
cc)
in the case of individual payment contracts:", but not before the conclusion of the contract and also not before the contract Fulfilment of our duty to provide information pursuant to Article 246b § 2 in conjunction with Section 1 (1) (12) and Article 248 (13) (1) of the EC Civil Code (EGBGB) ".
to combine the relevant supplements. If additions to be combined are linguistically identical, repetitions of the word text are not required.
 Use: name/company and address of the revocation address.In addition, you can specify: fax number, email address and/or, if the Consumer receives a confirmation of his revocation notice to the entreptite, also an Internet address.
This paragraph can be omitted if the mutual benefits are provided only after the withdrawal period has expired. The same applies if a reprocessing is not possible (e.g. B. Accepting a guarantee).
In agreeing a pay for the culling of an overdraft within the meaning of § 505 BGB, the following is to be inserted: " Overdraw your account without being granted If you do not have the option of overdrawing or if you exceed the possibility of being overtaken, we may not charge any costs or interest if we do not provide you with the reimbursement of the amount of the exaggeration or overshoot. duly informed of the conditions and consequences of overtaking or overrun (e.g. B. Applicable nominal interest rate, cost). "
In the case of a contract for a paid financing assistance, which is covered by the exception of § 506 paragraph 4 BGB, the following shall apply:
a)
The subject matter of the contract is the release of a thing except for the supply of water, gas or electricity, which are not offered for sale in a limited volume or in a certain quantity, here are the concrete indications according to design hint  Point (a) to (c) of Appendix 1 to Article 246a § 1 (2) of the EC Civil Code.
b)
The subject of the contract is the provision of a service that is not in the the provision of a case as referred to in point (a) or in a financial service, or the supply of water, gas or electricity, if not offered for sale in a limited volume or quantity, or Supply of district heating, here are the concrete indications according to the design instructionsof Appendix 1 to Article 246a § 1 paragraph 2 sentence 2 EGBGB to
c)
If the subject of the contract is the delivery of digital content not located on a physical data carrier, the following statement shall be given here: " You are for the payment of compensation for the digital content delivered up to the revocation, if you have been informed of this legal order before submitting your declaration of contract and have expressly agreed that before the end of the contract we Revocation period begins with the delivery of the digital content.
The following note for financed business may be omitted if no related business is present: " If you finance this contract through a loan and it will later, you are also no longer bound by the loan agreement, provided that both contracts form an economic entity. This can be assumed in particular if we are at the same time your lender or if your lender is using it in order to finance our participation. If the loan has already been received by us at the time of revocation or upon return of the goods, your lender shall enter into our rights and obligations in relation to you with regard to the legal consequences of the revocation or the return to our rights and obligations. the contract financed. The latter shall not apply where the present contract relates to the acquisition of financial instruments (e.g. If you wish to avoid a contractual relationship as far as possible, make use of your right of revocation and also withdraw the loan agreement if you also wish to: Right of revocation.'In the case of a financed acquisition of a land or the same right, the second sentence of the above note shall be amended as follows:' This shall only be assumed if the parties to the contract are identical in both contracts or if the latter is In addition to the provision of loans, lenders shall promote their business by cooperating with the transferor by adopting, in whole or in part, the interests of the disposal of the transferor, in the course of planning, advertising or advertising; or Execution of the project functions of the divesters, or unilaterally favors the transferor. "
The following note can be omitted if there is no related contract: " If you revoke this contract, you are also a member of a contract with this contract , if the related contract relates to a performance provided by us or a third party on the basis of an agreement between us and the third party. "
Location, date, and signature bar . In this case, this information is to be replaced either by the words "End of the Withdrawal Instruction" or by the words " Your (s) (insert: Company of the entrepre)
unofficial table of contents

Appendix 4 (to article 247 § 2)
European standard information for consumer credit

(found: BGBl. I 2009, p. 2393-2397;
for the individual changes. Footnote)

1.
Name and Contact details of the creditor/credit intermediary
lender
Address
Phone *)
E-mail *)
Fax *)
Internet address *)
[Name]
[Load-load address for consumer contacts
]
(if applicable)
credit intermediary
address
Phone *)
email *)
fax *)
internet address *)

[name]
[consumer contacts address]



-----

*) Volunteer data from the Creditor

In all cases where "applicable" is specified, the lender must fill in the relevant box if the information is relevant to the credit agreement, or if the relevant information or information is relevant to the credit provider. the entire row Delete if the information is not relevant for the credit type in question. The endorsements in square brackets are used for explanation and are replaced by the corresponding information.
2.
Description of the essential features of the credit
Credit type 
Total amount of credit
upper limit or sum of all amounts provided on the basis of the credit agreement is
Terms for the Usage
Common is how and when you get the money
Runtime of the credit agreement
Subpayments and, if applicable, order in which the partial payments will be counted You must make the following payments
[Amount, number and periodicity of the payments to be made by the consumer]
Interest and/or costs shall be payable as follows:
You have to pay the total amount of
borrowed capital plus interest and any costs related to your credit
[sum of total amount of credit and total cost of credit]
(if applicable)
The loan will be in shape a payment order for a good or service is granted or is connected with the delivery of certain goods or the provision of a service.
Designation of the goods or service
cash price
(if applicable)
Verlangte Collateral
Description of the collateral to be collaterated by you in connection with the credit agreement

[type of collateral]
(if applicable)
Payments do not serve the immediate capital redemption
3.
borrowing costs
Target interest rate or, if applicable, the different nominal interest rates that apply to the credit agreement [%
-bound or
-variable (with the index or reference interest rate for the initial target interest rate)
periods]
Effective annual rate
Total cost expressed as an annual percentage of total credit
This information helps you compare different offers.
[% Representative example, specifying all of the assumptions used in the calculation of the annual interest rate]
Is
-the conclusion of a credit insurance
or
-the use of another credit-related subsidiary performance
compelling Is it necessary for the loan to be granted at all or under the terms of the contract?
If the creditor does not know the cost of these services, they are not included in the effective annual rate.

Yes/No
[ If yes, type of Insurance:]
Yes/No
[If yes, type of subsidiary performance:]
Cost related to the credit
(if applicable)
The management of one or more accounts is for the booking the payment transactions and the credit amounts used are required.
(if applicable)
The cost of using a specific payment method (e.g. B. a credit card)
(if (a)
Other costs related to the credit agreement
(if applicable)
Conditions under which the above-mentioned costs related to the credit agreement can be changed
(if applicable)
obligation to pay Notarkosten
Costs in late payment
Remaining payments can have severe consequences for you (e.g. B. Forced sale) and complicate the obtaining of a loan.

In the event of late payment,
[... (applicable interest rate and regulations for its adjustment and, where appropriate, delay costs)] calculated.
4.
Other important legal aspects
Revocation right
You have the right to within 14 calendar days to revoke the credit agreement.
Yes/No
Pretimely repayment
You have the right to repay the loan at any time in whole or in part.
(if applicable)
The lender is entitled to compensation for early repayment

[Definition of compensation (calculation method) according to § 502 BGB]
Database query
The lender must inform you immediately and free of charge of the result of a database query if a loan application is rejected due to such a query. This shall not apply where such information is prohibited by the legislation of the European Union or is contrary to the objectives of public policy or public security.
Right to a credit contract design
You have the right to offer free of charge upon request Copy of the draft credit agreement. This provision shall not apply if the creditor is not ready to conclude a credit agreement with you at the time of the application.
(if applicable)
time period during which the lender is bound to the pre-contractual information

This information applies from ... to ...
(if applicable)
5.
Additional information on distance sales of financial services
a) to creditor
(if
Representative of the lender in the Member State in which you reside
Address
Telephone *)
E-mail *)
Fax *)
Internet address *)
*) Voluntary information provided by the creditor

[name]

[Load-load address for consumer contacts]
(if applicable)
Entry in the commercial register

[ Handelsregister, in which the lender is registered, and its commercial register number or an equivalent identifier used in this register]
(if applicable)
Zuretained Supervisory authority
b) Credit Agreement
(if applicable)
Exercise of the right of revocation

[ Practical information on the exercise of the right of withdrawal, including the withdrawal period, indication of the address to which the statement of revocation is subject to , as well as consequences in case of a non-exercise of this right]
(if applicable)
right, which is the creditor of the admission of Underlying relationships with you before the conclusion of the credit agreement
(if applicable)
clauses relating to the law applicable to the credit agreement and/or the court responsible

[Play appropriate clauses here]
(if applicable)
choice of language
The information and terms and conditions are presented in [specification of the language]. With your consent, we will keep in touch with you during the term of the credit agreement in [indication of the language (s)].
c) to Legal remedies
Availability out of court complaint-and the right of appeal and access to it[ indication of whether the consumer who is a party to a distance contract has access to an out-of-court complaint and redress procedure, and
-Official Table of Contents

Appendix 5 (to Article 247 (2))
European consumer credit information at
1. Overdrains
2. Retraining

(Fundstelle: BGBl. I 2009, pp. 2398-2401;
for the individual changes. Footnote)

1.
Name and Contact details of the creditor/credit intermediary
lender
Address
Phone *)
E-mail *)
Fax *)
Internet address *)
[Name]
[Load-load address for consumer contacts]
(if applicable)
Credit intermediary
Address
Phone *)
Email *)
Fax *)
Internet Address *)

[Name]
[Load Address for Consumer Contacts]


-----

*) Volunteer Evidence of the Creditor

In all cases where "applicable" is specified, the lender must fill in the relevant box if the information is relevant to the credit agreement, or if the relevant information or information is relevant to the credit provider. the entire row Delete if the information is not relevant for the credit type in question. The endorsements in square brackets are used for explanation and are replaced by the corresponding information.
2.
Description of the essential features of the credit
Credit type 
Total amount of credit
upper limit or sum of all amounts provided on the basis of the credit agreement is
Runtime of the Credit agreement
(if applicable)
You can at any time Repayment of the entire loan amount requested.
3.
borrowing costs interest rate and arrangements for its adjustment and, where appropriate, delay costs)
Target interest rate or, if applicable, the different nominal interest rates that apply to the credit agreement [%
-bound or
-modifable (with the The index or the reference interest rate for the initial target interest rate)]
(if applicable)
Effective Annual Zins *)
Total cost expressed as an annual percentage of total amount of credit
This information helps you to compare different offerings.
[%. Representative example, specifying all of the assumptions that are included in the calculation of the annual interest rate]
(if applicable)
Cost
(if applicable)
conditions under which these costs can be changed
[ All from the date of the contract conclusion of the Credit agreement to pay payable]
Costs in late paymentIn case of late payment, you will [ ... (


-----

*) In the case of overdrapness in accordance with Section 504 (2) of the Civil Code, in which the credit is The effective annual interest rate must not be specified if the lender does not require any additional costs in addition to the nominal interest rates.

4.
Other important legal aspects
Termination of credit agreement [Terms and procedures for termination of credit agreement]
Database query
The lender you must inform you immediately and free of charge of the result of a database query, if a loan application is rejected on the basis of such a query. This shall not apply where such information is prohibited by the legislation of the European Union or is contrary to the objectives of public policy or public security.
(if applicable)
time period during which the lender is bound to the pre-contractual information
This information is valid from ... to ...
(if applicable)
5.
Additional information to be supplied if the pre-contractual information relates to a consumer credit for a debt restructuring
6.
In addition to providing information on distance sales of financial services
partial payments and, if applicable, order in which the partial payments will be counted You must make the following payments:
[ Representative example of a rate payment plan, specifying the amount, number and periodicity of the consumer to be provided Payments]
Total amount you want to pay
Early repayment
You have the right to repay all or part of the loan at any time.
(if )
In case of early repayment, the creditor is entitled to compensation.

[Setting the compensation (calculation method) in accordance with § 502 BGB]
a) to creditor
(if applicable)
Representative of the creditor in the Member State where you are resident have
address
telephone *)
email *)
fax *)
Internet address *)
*) Voluntary information provided by the lender.

[name]

[Load-bearing address for consumer contacts]
(if applicable)
Entry in the commercial register

[ trading register in which the lender is registered, and its commercial register number or equivalent in this register Identifier]
(if applicable)
supervisory authority
b) to the credit agreement
Revocation right
You have the right to cancel the credit agreement within 14 calendar days.
(if applicable)
exercising the right of revocation
Yes/No
[ Practical advice on the exercise of the right of withdrawal, u. a. Address to which the revocation declaration is to be sent, and consequences if this right is not exercised]
(if applicable)
Right, which the creditor undertakes to establish relationships with you before the conclusion of the credit agreement
(if applicable)
clauses relating to the law applicable to the credit agreement and/or the court responsible

[reflect appropriate clauses here]
(if applicable)
choice of language

The information and terms and conditions are presented in [specification of the language]. With your consent, we will keep in touch with you during the term of the credit agreement in [indication of the language (s)].
c) to Legal remedies
Availability out of court complaint-and the right of appeal and access to them[ indicating whether the consumer who is a party to a distance contract has access to an out-of-court complaint and redress procedure, and
unofficial table of contents

Appendix 6 (to Article 247 (2))
European Standardized Merkblatt

(Fundstelle: BGBl. I 2009, pp. 2402-2405)

Content description align="justify "valign="top" charoff="50"> 4. Effective Annual Rate
Total cost expressed as an annual percentage of total credit
Ensign text This information does not represent a legally binding offer.
The information shall be made available according to good faith and shall be a detailed description of the offer which the credit institution would make under current market conditions and on the basis of the information provided by the customer. However, it should be noted that the information can change depending on the market development.
The handing out of this information sheet does not automatically commit the lender to the loan permit.
1. Lenders
and possibly loan intermediaries
2. Description [ In this paragraph, a short but clear description of the proposed contract should be made.
In this case, it should be made clear whether
-
The loan is to be secured by default or by any other commonly used security;
-
the proposed contract is an interest payment loan (d). h. the borrower only serves interest during the loan period and pays back the full amount of the loan at the end of the term) or an annuity loan (d. h. the borrower will pay not only interest and costs, but also the loan during the loan period;
-
the loan terms and conditions of the loan the borrower's own capital (possibly described as a percentage of the owner's property value);
-
the loan terms of the guarantee of a Third dependent.]
3. Target interest rate
(specify the type of interest rate and the duration of the fixed loan period)
[ This section should provide information about the most important Return the loan in return-the nominal interest rate. As far as relevant, details of the variability of the target interest rate should be described, including, inter alia, a. Review phases, suspended phases and associated penalty clauses, as well as the indication of interest margins within which a variable target interest rate can fluctuate, etc.
It should be described as to whether a variable target interest rate should be applied to )
5. Net loan amount and currency
6. Total loan agreement duration
7. Number and frequency of rate payment (may vary)
8. For Annuity Loans:
installment height (may vary)
9. For interest-rate loan loans:
-the amount of each regular interest payment;
-the level of payments to be made regularly for asset formation.
[ The lender should
-real or representative-
-the amount and number of each regular interest payment (cf. Information under point 7) and
-on the level and number of regular assets to be provided for asset formation Payments (cf.
.
If appropriate, the lender should point out that the payments made for asset formation and the resulting claims may not be the full
If a lender leads an asset formation contract in its offer and offers it as part of an interest payment loan, it should be clarified whether the offer to the loan from the loan provider proposed asset formation contract.]
10. Additional one-time costs, where applicable [ A list of all initial one-time costs incurred by the borrower at the time of the inclusion of the
these costs are under direct or indirect control of the lender, an estimate of the costs should be made.
As far as this is relevant, should it be possible to pay an estimate of the cost of the loan.
be made clear whether the costs must also be paid regardless of the loan approval.
Such costs could be B.
administration costs
costs of legal advice
costs of late and expert advice.
When an offer is tied to the borrower's use of the above-mentioned services from the lender, should be clearly pointed out to this fact.]
11. Additional recurring costs (as far as not already included in point 8) [ This list should be, for example, B. include:
-
Insolvency Insurance (Unemployment or Death)
-
fire insurance
-
building and household insurance.
If a quote is bound to it, that the borrower will use the services mentioned above by the lender should be clearly pointed out to this fact.]
12. Early repayment,
dismissal options
[ The lender should give clues to
-
the possibility and conditions of early repayment
-
including a hint any applicable fees.
In cases where a precise indication of the costs is not possible at that time, the indication should be made that an amount is payable by the borrower, which is sufficient to cover the termination of the contract. to compensate for the costs incurred by the lender.]
13. Internal complaint system [name, address and phone number of the contact point]
14. Representative Tilgplan [ The lender should present a representative and summary repayment plan containing at least the following information: should:
-
monthly or (as far as this is the case) quarterly rates for the first year;
-
followed by annual data for the entire (rest) runtime of the loan.
The tilgplan should also include
-
about the repayment payments,
-
on interest payments,
-
the residual debt to be paid,
-
for each installment, and
-
to the total
.
It should be made clear that the repayment plan is merely illustrative and contains a warning if the offer is economic loans will be variable.]
15. Obligation to keep the bank and payroll account with the lender
16. Right of revocation
You have the right to withdraw from the loan agreement within 14 calendar days.
Yes/No
17. Assignment, transfer
receivings from the loan relationship may be transferred to third parties, e.g.
The lender may transfer the contractual relationship without your consent to other persons, such as: B. in case of a restructuring of the business.

Yes/No
[ Possibly with restrictions, e.g. For example, only in the case of late payment]

Yes/No
[Possibly with restrictions]
18. Additional information in the remote-sales business
(if applicable)
Loan intermediary or lender in the Member State where you have your residence
Address
Telephone *)
E-mail *)
Fax *)
Internet address *)
*) Voluntary information provided by the lender.
[name]
[Charge-enabled address for borrower contacts]
Entry in the commercial register [ Handelsregister, in which the lender is registered, and its commercial register number or an equivalent identifier used in this register]
Competent Supervisory Authority
exercising the right of revocation [ Practical information on the exercise of the right of withdrawal, including indication of the address to which the revocation declaration is to be sent, as well as the consequences in case of non-exercise of this Right]
jurisdictions that the lender of accepting relationships with you before the conclusion of the loan agreement Underlying
clauses on the Loan contract applicable law and the competent court [Reflect corresponding clauses here]
Choice of language The information and terms and conditions of the contract are given in [indication of language] on the market. With your consent, we will keep in touch with you during the term of the loan agreement in [indication of the language (s)].
Availability of out-of-court complaint and redress procedures and access to them [ indicating whether the borrower has access to a non-judicial appeal and redress procedures, and, where appropriate, the conditions for such access]
period of time for which the lender is bound to the pre-contractual informationThis information shall be valid from ... to ...
In all cases where "if applicable" is specified, the lender must be If the information for the loan is significant, or delete the relevant information or entire line, if the information for the loan in question is meaningless, the loan intermediary shall complete the box in question. Endorsements in square brackets serve to explain and replace them with the relevant information. Unofficial table of contents

Appendix 7 (to Articles 247 (6) (2) and 12 (1))
samples for revocation information for Consumer loan agreements

(Fundstelle: BGBl. I 2013, pp. 3668-3670)

Revocation Information
Revocation right
The borrower * may not specify its contract within 14 days without specifying for reasons of revocation. The period begins after the conclusion of the contract, but only after the borrower has completed all mandatory data in accordance with § 492 (2) of the German Civil Code (BGB) (e.g. B. indication of the type of loan, indication of the net loan amount, indication of the duration of the contract). The borrower shall have all the mandatory particulars in the case of the borrower's copy of his application or in the document issued to the borrower, or in one of the borrowers, or in a loan to the borrower. a certain copy of his or her application or of the instrument of the contract, and the borrower has made such a document available. The borrower may subsequently be informed on a durable medium by means of mandatory details not included in the contract text; the withdrawal period shall then be one month. The borrower is to be reminded of the beginning of the withdrawal period with the required information obtained. In order to maintain the revocation period, the timely dispatch of the revocation shall be sufficient if the declaration is made on a durable medium (e.g. B. letter, fax, e-mail). The revocation is to be directed to:
revocation sequences
As far as the loan is already , the borrower has to repay the borrower within 30 days at the latest, and has to pay the agreed rate for the period between the disburment and the repayment of the loan. The deadline shall begin with the dispatch of the withdrawal declaration. For the period between disbursing and repayment, the full amount of the loan per day shall be subject to an interest rate ofEuro. This amount shall be reduced accordingly if the loan has only been partially used. 
considerations:
To insert here: name/company and load-bearing address of the revocation addressee. In addition, you can specify: fax number, email address and/or, if the borrower receives a confirmation of his revocation statement to the lender, also an Internet address.
 When you apply the design considerations,  ,, or  is here to insert the following subheading:" Special features for other contracts ".
 In the case of a related contract according to § 358 BGB, insert here:
a)
if the contract does not include the purchase of financial instruments: "-Revoke the The borrower is not bound by this loan agreement, but is not bound by the terms of the contract (hereafter referred to as the related contract) * *.-If the borrower is to the borrower in relation to the contract (s). a right of revocation, it is no longer bound by the loan agreement with the effective revocation of the [applicable ***: related contract]. The legal consequences of the revocation shall be governed by the provisions adopted in the [applicable ***: contract] and the revocation instruction issued for this purpose. "
b)
if the contract relates to the acquisition of financial instruments: "-Revoke the borrower to [insert: name of the associated contract], so it is also to the Loan agreement no longer bound. "
In the case of a store whose contract object (the service of the entreprender) is specified in the consumer loan contract, and that does not at the same time Conditions of a related contract according to § 358 of the German Civil Code (BGB), although the loan is used exclusively for its financing (specified business according to § 360 paragraph 2 sentence 2 BGB), is to insert the following: "-Is the borrower in Reference to the [use: name of the business indicated in the loan agreement] (hereinafter referred to as business) * * a right of revocation, it shall not be subject to this loan agreement with the effective revocation of the specified transaction. binding. "
On one with a contract relating to a consumer loan agreement (§ 360 BGB) which does not meet the requirements of a related contract in accordance with Section 358 of the German Civil Code (BGB) may be inserted here: "-shall the borrower be responsible in relation to this If the loan agreement is a right of withdrawal, it shall also be subject to the effective revocation of the loan agreement to the [use: designation of the contract related to the loan agreement] (hereinafter referred to as the "related contract") * * no longer binding. "
Here is the exact Amount of interest to be added in euros per day. Centamounts are to be specified as decimal places.
If the loan is secured by a basic right of care, the following is to be inserted: " If the borrower proves that the value of its use is lower was the contract interest rate, it only has to pay the lower amount. This may be For example, if the market interest rate was lower than the contract interest rate. "
Spend the lender to public authorities expenses in accordance with § 357a para. 3 sentence 4 BGB and he wants to assert itself in the event of revocation "-The borrower must also replace the borrower with the expenses incurred by the lender to the public authorities and shall not be subject to the request of the borrower. "
When using the Design considerations,,  ,,  ,, or  is to be inserted here as a subheading:" Special features for other contracts " This does not apply if the financial assistance is paid exclusively by the Noteis used and other contracts are not submitted. For more than one contract, the following may be the information provided in accordance with the You can also refer to the applicable design information by a corresponding, repeated naming of the notices in each case.
 In the case of a related contract according to § 358 BGB, which does not include the acquisition of Where financial instruments are concerned, the following must be inserted: '-If the borrower is entitled to a right of withdrawal in relation to [the related contract], in the case of the effective revocation (***: the associated contract) Claims of the lender for payment of interest and costs arising from the resettlement of the loan contract against the borrower excluded. "
 In the case of a related contract according to § 358 BGB, which does not include the acquisition of In the case of a financial instrument, or in the case of a related contract, if the design noticehas been used, the following is the following: "-If the borrower is no longer bound by the revocation of this loan agreement (***: the associated contract and/or the related contract), the benefits received on both sides shall be back. "
For a Contract according to § 358 BGB (German Civil Code) on the omission of a thing or a related contract, directed at the omission of a thing, if of the design hint  Use has been made here:"-The borrower is not obligated to return the item if the [employed ***: the associated contract or the related contract] has offered interested parties to pick up the items. In principle, the borrower shall bear the direct costs of returning the goods. This shall not apply if the contractor involved in [the contract ***: the contract or the related contract] has agreed to bear these costs or has failed to provide the consumer with the obligation to pay the direct Costs of return to bear, to be informed. In the case of contracts concluded outside premises where the goods have been delivered to the consumer's home at the time of the conclusion of the contract, the trader shall be obliged to collect the goods at their own expense if the goods are are so designed that they cannot be returned by mail.'The subparagraph may be supplemented as follows:' If the borrower does not or partially not or only in a deteriorated condition the case which has been overtaken by virtue of [***: the related contract or the related contract] , in this respect, he has to pay compensation. This is only possible, however, if the loss of value is due to the handling of the goods, which was not necessary to check the nature, properties and functioning of the goods. "
In the case of a contract for a pay- Financial assistance:
a)
The subject matter of the contract is the omission of a case with the exception of: supply of water, gas or electricity, which are not offered for sale in a limited volume or in a certain quantity, are here the concrete indications according to the design hint point a and b of Appendix 1 to Article 246a § 1 paragraph 2 sentence 2 EGBGB to be given. These can be determined by the concrete indications according to design hint point c of Appendix 1 to Article 246a § 1 paragraph 2 sentence 2 EGBGB.
b)
If the subject of the contract is the provision of a financial service, the following note can be given here: " The borrower is to pay the value of the value for the up to the revocation , if it has expressly agreed that the execution of the consideration shall commenced before the end of the withdrawal period. If there is an obligation to pay compensation, this may result in the borrower having to comply with the contractual payment obligations for the period up to the revocation. "
c)
The subject of the contract is the provision of a service that does not exist in the omission of a thing as referred to in point (a) or in a financial service, or the delivery of Water, gas or electricity, if they are not offered for sale in a limited volume or in a certain quantity, or the supply of district heating, here can be the concrete indications according to design hint  of Appendix 1 to Article 246a § 1 paragraph 2 sentence 2 EGBGB given.
d)
The subject of the contract is the delivery of digital content not located on a physical data carrier, the following note can be given here: " The borrower is to pay compensation for the digital content delivered up to the revocation. the content of the content, if it has expressly agreed that the delivery of the digital content will be started before the end of the withdrawal period.
 At a specified business according to § 360 paragraph 2 sentence 2 BGB is here Insert the following: "-If the borrower is no longer bound by the loan agreement on the basis of the revocation of the [commend ***: business], this will result in the same consequences as regards the loan agreement which would occur if: the loan agreement itself would have been revoked (cf. top of "Revocation sequences"). "
In the case of a related contract according to § 358 BGB, which does not cover the acquisition of financial instruments: "-If the borrower is as a result of the revocation of the loan agreement no longer is bound by the further contract or is no longer bound by the loan agreement as a result of the withdrawal of the further contract, the following shall be added: if the loan is effective, the Withdrawal from the borrower's contractual partner [employed ***: the associated contract] already received, the lender shall enter into the rights and obligations of the borrower in relation to the borrower with regard to the legal consequences of the withdrawal. Contract partner from the other contract."This reference is not necessary if the lender is at the same time the contract partner of the borrower from the other contract.
In the case of a related contract in accordance with § 358 BGB (German Civil Code), which does not cover the acquisition of financial instruments, the following heading and the following are: Note to insert: "Objections to related contracts" " The borrower may refuse to repay the loan, in so far as it would entitle him to pay his benefit to the contracting party from the contract. refuse. This shall not apply where the fee financed is less than EUR 200, or where the legal reason for the objecting is based on an agreement between the borrower and the other contracting party following the conclusion of the Loan agreement was concluded. If the borrower is entitled to demand subsequent performance from the other contracting party, he may refuse to repay the loan until the subsequent performance has failed." This note and the headline may be omitted if the lender knows that the funded fee is less than 200 euros.
* The contracting parties can also be addressed directly (e.g. B. "You", "We"). It is also possible to use the female form of the given name and/or the exact name of the contracting parties. The names "borrowers" and "lenders" can also be used. In the case of financial support, the names of the designations should be adjusted accordingly, for example with "lessor" and "lessee". The continuing adjustment obligation for the payment of financial assistance in accordance with Article 247 (1) sentence 5 of the EGBGB shall remain unaffected.
** This staple supplement is not required if the contract/store is more accurately named.
*** The reference to the contract in question may, after the first name, be given in the name of the general term. of the contract/business (connected contract, specified business, related contract).