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Introduction Act to the Civil Code

Original Language Title: Einführungsgesetz zum Bürgerlichen Gesetzbuche

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Introduction Act to the Civil Code

Unofficial table of contents

BGBEG

Date of completion: 18.08.1896

Full quote:

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

Status: New by Bek. v. 21.9.1994 I 2494; 1997, 1061;
Last amended by Art. 15 G v. 29.6.2015 I 1042

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1980 + + +) 
(+ + + For application d. Art. 1 and 2 cf. § 132 GNotKG + + +)

Part one
General provisions

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

Species 1

(1) On 1 January 1900 the Civil Code enters into law at the same time as a law relating to amendments to the Law of the Judicial Constitution, the Code of Civil Procedure and the Order of bankruptcy, to a law on forced auction and to the (2) In so far as in the Civil Code or in this Act the legislation is reserved or determined by the Land laws, that the law shall be governed by the law of the State. National legislation shall remain unaffected or may be enacted, shall remain the existing national legislation is in force and new national regulations can be enacted.

Type 2

Law in the sense of the Civil Code and this law is any legal norm.

Second chapter
Private international law

First section
General provisions

Art 3
Scope; relationship with European Union rules and agreements under international law

Not so far
1.
directly applicable rules of the European Union, as amended, in particular:
a)
Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II),
b)
Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I),
c)
Article 15 of Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations, in conjunction with the Hague Protocol of 23 November 2007 on the law applicable to maintenance obligations,
d)
Council Regulation (EU) No 1259/2010 of 20 December 2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation, and
e)
Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, the recognition and enforcement of decisions and the adoption and enforcement of public documents in The causes of succession and the introduction of a European Certificate of Succuse, or
2.
rules in international agreements, in so far as they have become directly applicable national law,
, the applicable law shall be governed by the law applicable to matters relating to a connection to a foreign country in accordance with the provisions of this Chapter (International Private Law).

Type 3a
Subject-matter referral; individual statute

(1) Provisions relating to substantive provisions relate to the legal norms of the relevant legal order, excluding those of international private law. (2) Insofar as references in the third section relate to the assets of a person, the right of a person to be State, they do not refer to objects which are not in that State and which are subject to special rules under the law of the State in which they are located.

Species 4
Remitting and remitting; legal fission

(1) Where reference is made to the law of another State, private international law must also be applied to it, provided that this does not conflict with the meaning of the reference. If the law of the other State refers back to German law, the German rules of property are to be applied. (2) As far as the parties can choose the law of a state, they can only refer to the substantive rules. (3) Will apply to the law of a State with a number of sub-jurisdictions, without calling the relevant one, the law of that State shall determine which part-law order shall be applied. In the absence of such a system, the partial legal order with which the facts are closest to the facts shall apply.

Species 5
Staff Regulations

(1) Where reference is made to the law of the State to which a person is a member, and if it is a member of several States, the law of those States with which the person is closest to him shall be applicable, in particular by means of his habitual residence. Stay or through the course of her life. (2) If a person is stateless or cannot be a national, the law of the State in which he or she is habitually resident or, in the absence of a person, cannot be established, shall be subject to the law of the State. (3) Is referred to the law of the State in which a person has his/her stay or habitual residence, and changes a non-business person to stay without the will of the legal Representative, this amendment alone does not lead to the application of any other right.

Species 6
Public policy (ordre public)

A rule of law of another State shall not apply if its application leads to a result which is manifestly incompatible with fundamental principles of German law. In particular, it shall not apply where the application is incompatible with fundamental rights.

Second section
Right of natural persons and legal transactions

Species 7
Legal capacity and business capacity

(1) The legal capacity and the business capacity of a person shall be subject to the law of the State to which the person belongs. This also applies insofar as the business capacity is extended by marriage. (2) A once acquired legal capacity or business capacity is not impaired by the acquisition or loss of the legal status as a German.

Art 8
De-münd

(dropped)

Art 9
Death Statement

The declaration of death, the determination of death and death, as well as the conjectures of life and death are subject to the law of the state to which the disappeared in the last time, in which he still lived 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 in this.

Species 10
Name

(1) The name of a person shall be subject to the law of the State to which the person belongs. (2) Spouse shall be entitled to choose the name to be held in the future at or after the marriage to the registry office
1.
in accordance with the law of a State to which one of the spouses is a member, notwithstanding the provisions of Article 5 (1), or
2.
in accordance with German law, if one of them has his or her habitual residence in Germany.
Declarations made after the marriage must be officially certified. § 1617c of the Civil Code is applicable to the effects of the election on the name of a child. (3) The holder of the care 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.
under German law, if a parent has his or her habitual residence in Germany, or
3.
in accordance with the law of the State which is a member of the name Erteilender.
Explanations given after the birth of the birth have to be certified publicly. (4) (omitted)

Art 11
Form of Legal Transactions

(1) A legal transaction shall be formally valid if it satisfies the formal requirements of the law applicable to the legal relationship to which its subject-matter is subject or the law of the State in which it is carried out. (2) If a contract is concluded between Persons who are in different States shall be formally valid if they fulfil the formal requirements of the law to be applied to the legal relationship forming the subject matter or the law of one of those States. (3) the contract shall be concluded by a representative, the provisions of paragraphs 1 and 2 shall apply to the The State in which the representative is located. (4) A legal transaction which establishes or is entitled to a right to a cause shall be valid only if it meets the formal requirements of the law applicable to the law of the Member State in which it is based. The legal relationship to be applied shall be applied.

Species 12
Protection of the other contractual part

Where a contract is concluded between persons who are in the same State, a natural person who would be able to act, act and act in accordance with the provisions of the law of that State shall be able to rely on the natural person to be able to act on his or her own account only The provisions of the law of another state invoke secondary legal, commercial and inability to act inasmuch as the other part of the contract, when concluding the contract, knew or had to know this legal, business and action incapacity. 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 he is a member. (2) If a condition is not fulfilled, German law shall be applied in so far as it is not necessary to:
1.
an fiancé has his or her habitual residence in Germany or is German,
2.
the fiancée have taken reasonable steps to fulfil the condition, and
3.
it is incompatible with the freedom of marriage to refuse the marriage; in particular, the former marriage of an engaged person shall not be contrary to the marriage if its existence is removed by a decision taken or recognized here or the spouse of the Fiancée is declared dead.
(3) A marriage can only be concluded in Germany in the form prescribed here. 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, shall provide full proof of marriage.

Species 14
General marital effects

(1) The general effects of marriage shall be subject to:
1.
the law of the State to which both spouses belong or during the marriage, if one of them is still a member of that State,
2.
the law of the State in which both spouses have their habitual residence or, in the case of marriage, have last habitually, if one of them still has his habitual residence, in the alternative
3.
the law of the State with which the spouses are closely associated in other ways.
(2) If a spouse belongs to a number of States, the spouses may, notwithstanding Article 5 (1), 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 if the conditions set out in paragraph 1 (1) are not met, and
1.
no spouse belongs to the State in which the two spouses have their habitual residence, or
2.
the spouses do not have their habitual residence in the same country.
The effects of the choice of law will end if the spouses are of a common nationality. (4) The choice of law must be notarized. If it is not carried out domestically, it shall be sufficient if it meets the formal requirements for a marriage contract in accordance with the law chosen or at the place of choice.

Species 15
Freight level

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

Species 16
Third party protection

(1) In the event that the effects of a marriage are subject to the law of another State and one of the spouses has his or her habitual residence in the territory of the country, or if he pursues a trade here, Section 1412 of the Civil Code shall be accordingly (2) Legal transactions carried out domesically are § 1357, movable property in this case § 1362, to a working business operating here are § § 1431 and 1456 of the Civil Code, in so far as those provisions apply to: good faith third parties are more favourable than the foreign law.

Art 17
Special divorce sequences; decision by court

(1) Property divorce consequences not covered by other provisions of this Section shall be subject to the law applicable to divorce pursuant to Regulation (EU) No 1259/2010. (2) A marriage can only be made by a court in Germany. (3) Supply compensation shall be subject to the law applicable to divorce pursuant to Regulation (EU) No 1259/2010; it shall be implemented only if it is then applicable to German law and the law of one of the States is known to it, the spouses at the time of the entry of the rights of the Divorce application. 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 Balancing of supply, particularly in view of the economic situation on both sides, does not contradicts the balance of equity during the whole period of marriage.

Art 17a
Marriage Apartment and household items

The right of use for the domestised apartment and the domestic household items as well as related conditions of refutation, approximation and contact are subject to the German rules of law.

Type 17b
Registered civil partnership

(1) The explanatory statement, the general and the amicable effects as well as the dissolution of a registered civil 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 implemented only if it is subsequently applicable to German law and the law of one of the States to which the life partners are entitled at the time of the validity of the application To remove the life partnership, a supply balance between life partners is known. In addition, if one of the partners has acquired a right to a domestic supplier during the period of the life partnership, the supply compensation must be carried out at the request of a life partner under German law, to the extent that: (2) Article 10 (2) and Article 17a shall apply, in particular with regard to mutual economic circumstances throughout the period of the partnership of equity. 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 Life Partnership Act in conjunction with § 1357 of the Civil Code, to the extent that these provisions are more favourable to third parties than the foreign law. (3) Existence of civil partnerships registered between the same persons in different states, so the most recently founded life partnership (4) The effects of a life partnership registered abroad shall not go further than in accordance with the provisions of the Civil Code and of the Civil Code. Life Partnership Act.

Species 18
(dropped)

Art 19
Ancestry

(1) The descent of a child shall be governed by the law of the State in which the child has his habitual residence. It may also be determined in relation 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. (2) If the parents are not married to each other, obligations of the father to the mother on the basis of pregnancy are subject to the law of the state in which the mother has her habitual residence.

Art 20
Contending of descent

The descent may be challenged in accordance with any law from which its conditions arise. The child may in any case contest the descent according to the law of the State in which it has his habitual residence.

Art 21
Effects of the parent-child relationship

The legal relationship between a child and his/her parents shall be governed by the law of the State in which the child has his habitual residence.

Species 22
Adoption as a child

(1) The acceptance as a child shall be governed by the law of the State to which the accepting person is part of 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 in accordance with the first sentence of Article 17b (1). (2) The consequences of the adoption in relation to the relationship between the child (3) In view of the succession of death on the grounds of the accepting person, the spouse thereof, and the person to whom the child is in a family-law relationship. The life partner or relative shall be subject to the provisions of paragraphs 1 and 2 the applicable law shall be equal to a child accepted in accordance with the provisions of the German legislation, if the deceased has ordered this in the form of a disposition of death and the succession is subject to German law. The first sentence shall apply if the acceptance is based on a foreign decision. Sentences 1 and 2 shall not apply if, at the time of adoption, the person who was adopted had completed the eighteenth year of his life.

Art 23
Assent

The necessity and the granting of 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 in addition to the right of the child to be State to which the child belongs. To the extent that it is necessary for the best interests of the child, German law shall be applied instead.

Species 24
Vormundschaft, supervision and care

(1) The formation, modification and end of the guardianship, care and care as well as the content of the legal guardianship and parish are subject to the law of the state to which the Mündel, the person concerned or the parallim belongs. A supervisor can be ordered according to German law for a member of a foreign country who has his or her habitual residence or, in the absence of such, his/her stay in Germany. (2) Is a pledge required, because not Where a person is involved in a matter, or because a party is located in another State, the law applicable to the matter shall apply. (3) Preliminary measures, as well as the content of the care and the The guardianship and the parish are subject to the law of the ordering State.

Fourth Section
Inheritance

Species 25
Succession of death due to death

In so far as the succession of death does not fall within the scope of Regulation (EU) No 650/2012, the provisions of Chapter III of this Regulation shall apply mutatily.

Species 26
Form of dispositions of death due to

(1) In the implementation of Article 3 of the Hague Convention of 5 June 1990, 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 remain unaffected. (2) Article 27 of Regulation (EU) No 650/2012 is applicable to the form of other dispositions of death on the grounds of death.

Fifth Section
Non-contractual obligations

Species 27 to 37
(dropped)

Art 38
Unwarranted enrichment

(1) The right to use for the benefit of the service provided shall be subject to the law applicable to the legal relationship to which the service is based. (2) Claims for enrichment by means of intervention 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 are subject to the law of the State in which enrichment has occurred.

Art 39
Management without a contract

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

Species 40
Unauthorised action

(1) Claims from an unauthorised act shall be subject to 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) Had of the liable persons and the injured at the time of the liability event their ordinary The right of residence in the same State shall be the law of that State. In the case of companies, associations or legal persons, the place of habitual residence shall be the same as the place where the head office or, where a branch is involved, the place where it is situated. (3) Claims which shall be the law of another State shall not be invoked as far as they are
1.
go much further than necessary to provide adequate compensation for the injured person,
2.
are evidently serving other purposes than adequate compensation for the injured person; or
3.
Legal provisions of a convention binding on the Federal Republic of Germany.
(4) The injured person may invoke his claim directly against an insurer of the liable person, if the law applicable to the unauthorised act or the right to which the insurance contract is subject provides for this.

Art 41
Much closer connection

(1) If the law of a State is substantially closer to the law than with the law which would be decisive in accordance with Articles 38 to 40 (2), that right shall apply. (2) A much closer connection may arise in particular:
1.
out of a special legal or actual relationship between the parties involved in the relationship with the debt, or
2.
in the cases referred to in Article 38 (2) and (3) and Article 39, on the basis of the habitual residence of the parties in the same State at the time of the legal proceedings; Article 40 (2), second sentence, shall apply accordingly.

Species 42
Choice of law

After the occurrence of the event, which has resulted in a non-contractual obligation, the parties may choose the right to which it is to be subject. Rights of third parties remain unaffected.

Sixth Section
Law

Art 43
Rights to one thing

(1) Rights in one case shall be governed by the law of the State in which the object is situated. (2) In the event of a case in which rights are founded in another State, such rights may not be contrary to the law of that State. (3) If a right has not been acquired in advance on a matter which comes into the domestic territory, operations in another country, such as domestic, shall be taken into account for such an acquisition in the domestic territory.

Species 44
Impact of land

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

Art 45
Transport

(1) Rights of air, water and rail vehicles shall be governed by the law of the home Member State. This is
1.
in the case of aircraft, the State of their nationality;
2.
in the case of water vehicles, the State of registration, otherwise the home port or place of residence,
3.
in the case of rail vehicles, the State of authorisation.
(2) The creation of legal security rights in these vehicles shall be subject to the law applicable to the claim to be secured. For the ranking of several security rights, Article 43 (1) shall apply.

Species 46
Much closer connection

Where the law of a State is substantially closer to the law than with the law applicable under Articles 43 and 45, that law shall apply.

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

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

Art 46a
Environmental damage

The injured person may, in accordance with Article 7 of Regulation (EC) No 864/2007, have the right to rely 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 carry out early first appointments or the end of the written pre-trial period.

Second subsection
Implementation of Regulation (EC) No 593/2008

Type 46b
Consumer protection for special areas

(1) However, if a contract is not subject to the law of a Member State of the European Union or of another State Party to the Agreement on the European Economic Area, the Treaty shall have a close connection with in the territory of one of those States, the provisions in force in the territory of that State shall be applied in the same way as regards the implementation of the directives on consumer protection. (2) A close link shall 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 shall, by any means, be directed to that Member State of the European Union or any other State Party to the Agreement on the European Economic Area or to a number of 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 April 1993 on unfair terms in consumer contracts (OJ L 378, 27.12.1993, p. OJ L 95, 21.4.1993, p. 29);
2.
Directive 1999 /44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees (OJ L 327, 30.4.1999, p. OJ L 171, 7.7.1999, p. 12);
3.
Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning 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 201, 31.7.2002, p. OJ L 271, 9.10.2002, p. 16);
4.
Directive 2008 /48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87 /102/EEC (OJ L 378, 27.12.2008, p. OJ L 133, 22.5.2008, p. 66).
(4) A part-time use contract, a contract for a long-term holiday product, a resale contract or a exchange contract within the meaning of Article 2 (1) (a) to (d) of Directive 2008 /122/EC of the European Parliament and of 14 January 2009 on the protection of consumers with regard to certain aspects of timeshare contracts, long-term holiday products and resale and exchange contracts (OJ L 327, 30.4.2009, 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 shall be included if:
1.
one of the immovable property concerned is situated in the territory of a Member State of the European Union or of another State Party to the Agreement on the European Economic Area; or
2.
in the case of a contract which does not directly relate to a property, the trader is a professional or professional activity in a Member State of the European Union or of another State Party to the Agreement on the European Union The Economic Area shall, in any way, exercise or perform this activity on such a State and the Treaty shall fall within the scope of that activity.

Art 46c
Compulsory insurance contracts

(1) An 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 requires an insurance obligation shall be subject to the law of that State; (2) A contract concluded via a compulsory insurance is subject to German law if the legal obligation to conclude its contract is based on German law.

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

Art 46d
Choice of law

(1) A legal choice agreement as defined in Article 5 of Regulation (EU) No 1259/2010 shall be notarized. (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 if the name of the person is governed by German law, the person may, by means of a declaration to the registry office, be entitled to
1.
from the name of the names of the names and surnames,
2.
in the absence of a name or surname, choose such a name,
3.
take part of the name, which does not provide for German law,
4.
assume the original form of a name modified according to the sex or relationship ratio,
5.
take on a German-language form of their pre-or their family name; if there is no such form of the first name, it can take 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 existence of the marriage or civil partnership. (2) Paragraph 1 applies accordingly for the formation of a name after (4) The declarations referred to in paragraphs 1 and 2 shall apply mutase. (4) The declarations referred to in paragraphs 1 and 2 shall apply mutamatters to the law of the European Union. publicly certified or certified if they are not at the time of the marriage or in the case of the establishment of the life partnership with a German registry office.

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

Where the name of a person is subject to German law, it may, by means of a declaration to the registry office, be entitled to the person acquired during an ordinary stay in another Member State of the European Union and to be placed there in a register of persons , provided that this is not manifestly incompatible with fundamental principles of German law. 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 be effective only for the future. The declaration must be officially certified or certified. Article 47 (1) and (3) shall apply accordingly.

Art 49
(Amendment of other provisions)

Part two
Relationship of the Civil Code to the Reichsgesetzen

Species 50

The rules of the Reich laws remain in force. However, they shall not enter into force in so far as the Civil Code or the Act repeals the law.

Art 51

To the extent that legal consequences are subject to legal consequences in the Law of the Court of Justice, the Code of Civil Procedure, the Code of Criminal Procedure, the Insolvency Code and the Act of Insolvency, the provisions of the Civil Code or the Life Partnership Act on relatives or weakeners.

Species 52

If, on the basis of a law of the Reich, the owner of a case is to be granted compensation on account of the withdrawal, damage or use of the object in the public interest, or because of the restriction of the property, and is a third party shall be entitled to the case for which special compensation is not granted, the third party shall, in so far as his right is affected, have the same rights as the person entitled to compensation in the event of the extinguishing of his/her right by: Forced auction to be granted to the proceeds.

Art 53

(1) If, in a case referred to in Article 52, the compensation is to be granted to the owner of a property, the provisions of Section 1128 of the Civil Code shall apply to the compensation claim. 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 each of the beneficiaries may open a distribution procedure in accordance with the 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 proceedings. (2) If the right of the third party is a reallast, a mortgage, a basic debt or a pension debt, the liability of the claim for compensation shall be discouraged, if the damaged item is recovered or replaced for the withdrawn movable property. § 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. appropriate application.

Species 53a

(1) If, in a case of Article 52, the compensation is to be granted to the owner of a registered ship or ship, the right to compensation shall be subject to the provisions of Articles 32 and 33 of the Law on Rights of Registered Ships and shipbuilders of 15 November 1940 (Reichsgesetzbl. 1499). (2) The second sentence of Article 53 (1) and (3) shall apply accordingly.

Species 54
(unopposed)

Part Three
Relationship of the Civil Code to the Laws of the Land

Species 55

The private-law provisions of the laws of the State shall not enter into force, unless otherwise specified in the Civil Code or in this Act.

Species 56

This is without prejudice to the provisions of the state contracts concluded by a federal state with a foreign state before the entry into force of the Civil Code.

Art 57 and 58
(unopposed)

Art 59

This is without prejudice to the statutory provisions relating to family fidaceads and toes, with inclusion of the allo-infected loes, as well as of basic goods.

Species 60

This shall be without prejudice to the provisions of national law governing the placing of a mortgage, the basic debt or the liability of a pension on a property which is subject to a limited liability in accordance with the provisions of Articles 57 to 59; allow the creditor to seek satisfaction from the land only by way of forced administration.

Art 61

Where the sale or loading of an item is inadmissible or permitted only to be limited in accordance with the provisions of Articles 57 to 59, the provisions of the provisions of the Civil code for the benefit of those who derive rights from non-authorised persons.

Species 62

The statutory provisions on pension rights remain unaffected.

Art 63

The statutory provisions on the right of hereditary rights, including the right of office and the right of domestic law, remain unaffected in those states in which such rights exist. The provisions of Section 1017 of the Civil Code shall apply to these rights.

Type 64

(1) The statutory provisions concerning the right to seizure of agricultural and forestry land in addition to their accessories remain untouched. (2) The laws of the state may be subject to the right of the deceased to be subject to the law of seizure. to dispose of the underlying land of death, not to be limited.

Species 65
(dropped)

Art 66

This is without prejudice to the national regulations, which belong to the Deich and Sielrecht.

Species 67

(1) The state-of-the-art regulations which belong to the Bergrecht shall remain unaffected. (2) If, according to national law, compensation is to be granted for damage to a property by mining, the provisions of the articles shall be found to be without prejudice to the provisions of the Article 52 and 53 shall apply unless the national laws determine another.

Species 68

The statutory provisions governing the loading of a land with the hereditary and transferable right to obtain a mineral which is not subject to the provisions of the law shall remain unaffected and the contents of this land shall remain unaffected. Determine right closer. The provisions of § § 874, 875, 876, 1015, 1017 of the Civil Code shall apply accordingly.

Species 69

The state-of-the-art regulations on hunting and fishing remain unaffected, without prejudice to the provisions of Section 958 (2) of the Civil Code and the provisions of the Civil Code on the replacement of the game damage.

Species 70 to 72
(dropped)

Art 73

The statutory provisions on regalia remain unaffected.

Species 74

The state-of-the-art regulations on forced rights, banner rights and real-trade rights remain unaffected.

Species 75
(unopposed)

Species 76

This is without prejudice to the statutory provisions of the law which belong to the right of publishing.

Art 77

It is without prejudice to the provisions of national law concerning the liability of the State, the municipalities and other local associations (provincial, district, official associations) for the public authorities entrusted by their officials in the exercise of these acts of public authority the damage inflicted as well as the provisions of national law which preclude the right of the person to claim compensation for such damage from the official, to the extent that the State or the local authority is liable.

Footnote

Art 77: Änd. by G v. 26.6.1981 I 553 gem. BVerfGE v. 19.10.1982 I 1493-2 BvF 1/81-with Art. 70 GG incompatible and therefore null

Art 78

The statutory provisions remain unaffected, according to which the officials for the deputists and accompanies which they have assumed are liable to a greater extent than in accordance with the Civil Code.

Footnote

Art 78: Änd. by G v. 26.6.1981 I 553 gem. BVerfGE v. 19.10.1982 I 1493-2 BvF 1/81-with Art. 70 GG incompatible and therefore null

Art 79

This is without prejudice to the provisions of the law governing the state, according to which the experts appointed for the official determination of the value of land for the damage resulting from a breach of their professional duties are to a greater extent than by the following: of the Civil Code.

Type 80

(1) Unaffected, unless a special provision is made in the Civil Code, to the statutory provisions governing the assets and liabilities of the officials, the clergy and the teachers (2) The statutory provisions on the law of the law of law shall remain unaffected.

Art 81

The statutory provisions governing the transferability of the claims of the persons referred to in Article 80 (1) to remuneration, waiting allowances, pensions, widows and orphans, as well as the national legal provisions, shall remain unaffected. Regulations which allow the offsetting against such claims by way of derogation from the provision of § 394 of the Civil Code.

Art 82

This is without prejudice to the provisions of the Land Laws on the Constitution of such associations, whose legal capacity is based on the state award ceremony.

Art 83

The statutory provisions on forest cooperatives remain unaffected.

Type 84

(unopposed)

Art 85

In the case of § 45 (3) of the Civil Code, the property of the dissolved association shall be deemed to be in place of the Treasury of a corporation, foundation or institution of public law.

Art 86

provisions restricting the acquisition of rights by aliens or by legal 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); or depending on a permit, no more application shall be made on 30 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 shall not apply to foreign nationals and foreign legal persons from Member States of the European Union.

Footnote

Art. 86 set 2 Cursive pressure: Should be correctly "dependent"

Art 87
(dropped)

Art 88
(dropped)

Art 89

This is without prejudice to the provisions of national law relating to the seizure of property which is permitted for the protection of land and the products of land, with the inclusion of the provisions on payment of deposit or replacement money.

Art 90

This is without prejudice to the state-of-the-art legal provisions which result from a security performance based on public law because of the management of an office or because of a commercial operation.

Art 91

The state-of-the-art regulations according to which the Treasury, a corporation, a foundation or an institution under public law or a foundation under the administration of a public authority are entitled to do so shall remain unaffected. to require the registration of a mortgage on land of the debtor, and on which the registration of the mortgage must be made at the request of a specific authority. The mortgage can only be entered as a backup mortgage; it is created with the registration.

Art 92
(dropped)

Art 93

The statutory provisions shall remain unaffected by the time-limits until the expiration of the rented premises shall be vacated upon termination of the tenancy.

Art 94

(1) The statutory provisions relating to the business operations of the pawn services shall remain unaffected. (2) The statutory provisions shall remain unaffected, according to which public service institutions shall be entitled to the right to which they are entitled. to the person entitled to pledge only the payment of the loan granted on the case.

Species 95
(unopposed)

Art 96

The statutory provisions relating to a bodywork, bodywork, allot or extension contract which are in connection with the transfer of a property shall remain unaffected insofar as they are subject to the obligations arising out of the contract for the case that special arrangements are not made.

Art 97

(1) The statutory provisions governing the registration of creditors of the Federal State in a state school book and the legal relationships resulting from the registration, in particular the transfer and loading of a legal system, shall remain unaffected. (2) In so far as a wife is entitled to submit applications on his own behalf, that right shall be excluded if a note for the benefit of the husband is registered 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 his consent to the husband if she can only have the consent of the husband on the basis of the existing state of the goods under the spouse.

Species 98

The statutory provisions relating to the repayment or conversion of interest-bearing government debt, for which bearer securities are issued or which are registered in the Staatsschuldbuch remain unaffected.

Art 99

The statutory provisions on the public savings banks remain unaffected, without prejudice to the provisions of § 808 of the Civil Code and the provisions of the Civil Code on the application of coin money.

Species 100

The statutory provisions shall remain unaffected in the case of debt securities issued to the holder of the federal state or to a corporation, foundation or institution of public law belonging to the state:
1.
the validity of the signature depends on the observation of a particular form, even if such a provision is not included in the document;
2.
is excluded from the claim referred to in § 804 (1) of the Civil Code, even if the exclusion in the interest or pension certificate is not determined.

Art 101

This is without prejudice to the statutory provisions which, by way of derogation from the provisions of § 806 sentence 2 of the Civil Code, require the Federal State or its corporate bodies, foundations and institutions of public law to comply with the provisions of the German Civil Code, to rewrite the debt securities issued by them on the name of a particular person entitled to the holder, as well as the national provisions governing the rewriting of such a debenture the resulting legal relationships, including the declaration of force, .

Type 102

(1) The state-of-the-art regulations on the declaration of force and the default of payment remain unaffected in the light of the documents referred to in § 807 of the Civil Code. (2) The state-of-the-art provisions remain untouched, which are applicable to The declaration of force of the documents referred to in § 808 of the Civil Code shall determine a procedure other than the bid procedure.

Species 103
(unopposed)

Species 104

The statutory provisions on the right to a refund with injustiable public charges or costs of a procedure remain unaffected.

Species 105

This shall be without prejudice to the provisions of national law in respect of which the trader of a railway undertaking or of any other undertaking associated with a risk to the undertaking shall, to the extent to which the operation is carried out, continue to operate in accordance with the provisions of The provisions of the Civil Code are responsible.

Footnote

Art. 105 Italic: Out of force by § 12 para. 2 G v. 29.4.1940 I 691 mWv 1.4.1940, insofar as it concerns the liability of the railways and trams

Species 106

This shall be without prejudice to the provisions of national law which, where a land used for public use may be used for an installation or operation, shall be without prejudice to the operator of the plant or of the holding for the damage shall be responsible for the public use of the land by the installation or the holding.

Species 107

The statutory provisions on the obligation to compensate for the damage caused by the infringement of a criminal law issued in respect of the protection of land remain unaffected.

Art 108

The statutory provisions on the obligation to compensate for the damage caused by a crotch, a run-up or a riot shall remain unaffected.

Art 109

The statutory provisions concerning the withdrawal, damage or use of a thing in the public interest shall remain unaffected, restriction of ownership and withdrawal or restriction of rights. The provisions of Articles 52 and 53 shall apply to the compensation to be granted under the national law for such intervention, unless the laws of the country determine another. The provisions of national law cannot determine that a legal transaction for which notarial certification is required is a different form of business.

Species 110

This is without prejudice to the provisions of national law which, in the event that the destroyed buildings are restored in a different situation, regulate the rights of the land concerned.

Species 111

The state-of-the-art regulations, which restrict the ownership of the property in the interest of actual disposal in the public interest, remain unaffected.

Species 112

The national legislation on the treatment of land and other assets devoted to a railway or small railway undertaking shall remain unaffected as a unit (railway unit), the sale and the burden of such a unit. 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 have a right to separate satisfaction from the components of Railway unit is available.

Species 113

The statutory provisions on the pooling of land, on the division of the community, the regulation of the ways, the order of the good-law-peasant conditions as well as on the replacement, conversion or transformation remain unaffected. 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 other rights of land and rectification of the basic book.

Species 114

This is without prejudice to the state-of-the-art regulations according to which the state or a public institution as a result of the order of the good-rule-related conditions or the detachment of serviceability, real loads or the The right to redemption and other real burdens on their reasoning and in order to be effective in relation to the public faith of the basic book are not subject to registration.

Species 115

The state-of-the-art regulations, which prohibit or restrict the burden on a property with certain basic services or limited personal services or with real loads, remain unaffected, as well as the state-of-the-art regulations. Rules which will determine the content and the extent of such rights.

Type 116

The statutory provisions referred to in Articles 113 to 115 shall not apply to the funds to be paid in accordance with § § 912, 916 and 917 of the Civil Code and to those in the § § 1021 and 1022 of the Civil Code Statutory provisions on maintenance obligations.

Art 117

(1) The state-of-the-art regulations which prohibit the loading of a property beyond a certain limit of value remain untouched. (2) The state-of-the-art regulations which impose the burden on a property with an untouched property shall remain unaffected. to prohibit the inundable mortgage or basic debt or to limit the exclusion of the owner's right of termination in the case of mortgage receivings and basic debts and, in the case of pension liabilities, only for a shorter period than that in § 1202 para. 2 of the Allow time for civil codes.

Species 118

This is without prejudice to the provisions of national law which apply 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-laden property, the Give precedence over other charges on the property. The provisions of § § 892 and 893 of the Civil Code shall apply in favour of a third party.

Species 119

The state-of-the-art regulations remain unaffected
1.
restrict the sale of a property;
2.
prohibit or restrict the division of a land or the separate divestment of land which has hitherto been managed together.

Art 120

(1) In the case of the sale of a part of a land, this part shall be exempt from the charges on the land where it is established by the competent authority that the part of a property is not subject to the national legislation. Legal change is not harmful to the beneficiaries. (2) The state-of-the-art regulations remain unaffected, under the same condition:
1.
in the case of the division of a land loaded with a residual load, the residual load shall be distributed to the individual parts of the land;
2.
in the case of the annulment of a right under which the owner of a property is subject to another property, the consent of the person in whose favour the property of the person entitled is not subject to the consent of the person concerned;
3.
in the cases of § 1128 of the Civil Code and of Article 52 of this Law, the right of compensation to the owner is exempted from the right to which a third party is entitled.

Art 121

This is without prejudice to the provisions of national law which, in the event of the division of a land subject to a residual load for the State or a public institution, remain subject to the burden of the residual load on only a part of the land and for that purpose for the benefit of the respective owner of this part, the remaining parts are loaded with similar real loads.

Species 122

The statutory provisions governing the rights of the owner of a property in view of the fruit trees on the border or on the neighbouring land shall remain unaffected by the provisions of § 910 and section 923 (2). of the Civil Code.

Art 123

The state-of-the-art regulations, which grant the right of emergency for the purpose of connecting a land with a waterway or a railway, remain unaffected.

Species 124

This is without prejudice to the statutory provisions governing the ownership of land for the benefit of neighbours other than the restrictions laid down in the Civil Code. This applies in particular to the rules under which plants and trees and shrubs may only be kept at a certain distance from the border.

Species 125

The provisions of § 26 of the Commercial Code on railway, steamboat and similar transport undertakings shall be without prejudice to the provisions of the national law.

Species 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 association on a property may be transferred to another municipal association or to the state.

Art 127

The statutory provisions concerning the transfer of property in a property which is not registered in the land register and which are not to be registered in accordance with the provisions of the land register after the transfer shall remain unaffected. needs.

Art 128

The statutory provisions on the justification and termination of a service on a property which is not registered in the land register and need not be entered in accordance with the provisions of the basic book order shall remain unaffected.

Art 129

This is without prejudice to the state-of-the-art regulations according to which the right to appropriation of a land placed in accordance with Section 928 of the Civil Code is due in place of the treasury of a certain other person.

Species 130

The statutory provisions on the right to appropriation of the other deaf persons belonging to the Free State shall remain unaffected.

Species 131

This is without prejudice to the provisions of national law which, in the event that each of the co-owners of a property provided with a building is granted the exclusive use of a part of the building, shall remain without prejudice to the Community ratio 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

The state regulations on the church building load and the school building load remain unaffected.

Art 133

The state regulations on the right to use a place in a building dedicated to the public service or at a public burial site remain unaffected.

Species 134 to 136
(dropped)

Species 137

The statutory provisions on the principles according to which § 1376 (4), 1515 (2) and (3), § 1934b (1) and § § 2049 and 2312 of the Civil Code as well as § 16 (1) of the Civil Code remain unaffected shall remain unaffected. Land Transport Act in the revised version published in the Federal Law Gazette, Part III, outline number 7810-1, the latest by Article 2 (22) of the Law of 8 December 1986 (BGBl. 2191), the yield value of a country estate has been determined.

Art 138

In the case of § 1936 of the Civil Code, in the case of the Treasury a corporation, foundation or institution of the public law is legal heritage, the state-law provisions remain unaffected.

Art 139

The state-of-the-art regulations according to which the Treasury or any other legal person, in view of the estate of a pledged or supported person, are subject to a law of inheritance, a right to participate or a right shall remain unaffected. to certain things.

Species 140

This is without prejudice to the provisions of national law, according to which the estate court, even under conditions other than those referred to in § 1960 para. 1 of the Civil Code, shall be subject to the production of a directory of relegation as well as to its Complete the necessary security measures, in particular the application of seals, can or should be ordered by officals.

Species 141 and 142
(dropped)

Species 143

(1) (omitted) (2) The provisions of the law shall remain unaffected according to which there is no need for the simultaneous presence of the two parts if the land has been auctioned by a notary, and if the land has been auctioned off by a notary, and the dismissal is still in the auctioning date.

Species 144

The laws of the State may stipulate that the Jugendamt may, with the consent of the parent, transfer the county to a legally competent club which has been granted a permit pursuant to Section 54 of the Eighth Book Social Code.

Species 145 and 146
(dropped)

Species 147

The state-of-the-art regulations governing the tasks of the care court or the estate court shall remain unaffected by other bodies as courts.

Species 148
(dropped)

Species 149 to 151
(dropped)

Art 152

This is without prejudice to the statutory provisions which determine the transactions which are not to be carried out in accordance with the provisions of the Code of Civil Procedure, with which the procedures laid down in accordance with the provisions of the Civil Code to the Action against legal action and effects linked to the right of justice. To the extent that such provisions are lacking, the provisions of the Code of Civil Procedure shall apply.

Fourth part
Transitional provisions

Species 153 to 156
(unopposed)

Species 157

The provisions of the French and the Baden laws concerning the chosen place of residence shall remain in force for legal relationships which are determined in accordance with these laws, provided that the residence is chosen prior to the entry into force of the Civil Code. has been made.

Species 158 to 162
(unopposed)

Art 163

The provisions of Articles 25 to 53 and 85 to 89 of the Civil Code shall apply from this period to the legal persons existing at the time of entry into force of the Civil Code, unless they are referred to in Article 164 of the Civil Code. up to 166 to another.

Species 164

The national legislation on the real communities and similar associations existing at the time of the entry into force of the Civil Code shall remain in force, the members of which are to be used as such for use in agricultural and forestry Land, mills, breweries and similar facilities are eligible. It makes no difference whether the real community or other associations are legal persons or not, and whether or not the right of the members is tied to land.

Type 165

The provisions of the Bavarian laws, concerning the private-law status of the associations and of the acquisition and business companies, remain in force on 29 April 1869 in the sight of those associations and registered companies, which on the basis of these laws, exist at the time of the entry into force of the Civil Code.

Species 166

The provisions of the Saxon law of 15 June 1868, relating to legal persons, remain in force, in the sight of persons associations which, at the time of the entry into force of the Civil Code, have legal capacity to have been entered in the register of cooperatives.

Art 167

In force, the state-of-the-art regulations, which relate to the agricultural or knightly crediting institutions existing at the time of the entry into force of the Civil Code, remain in force.

Species 168

A restriction on the right of disposal at the time of the entry into force of the Civil Code remains effective, without prejudice to the provisions of the Civil Code for the benefit of those who derive rights from non-authorised persons.

Art 169

(1) The provisions of the Civil Code on limitation shall apply to claims arising before the entry into force of the Civil Code, which have not yet been stateed. However, the beginning and 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) The statute of limitations according to the Civil Code is shorter than after the date of entry into force of the Civil Code. the existing legislation, the shorter time limit will be calculated from the entry into force of the Civil Code. However, if the longer period laid down 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 authoritative for a debt ratio that arose prior to the entry into force of the Civil Code.

Art 171

A tenancy, lease or service ratio existing at the time of entry into force of the Civil Code shall be determined, if not termination after the date of entry into force of the Civil Code, for the first date for which it shall be subject to the following: , from this date, it is permissible to comply with the provisions of the Civil Code.

Art 172

Where a case which was leased or leased at the time of the entry into force of the Civil Code, is sold after that period or is subject to a right, the lessee or tenant shall have the acquirer of the object or of the right to whom the Civic Code of Rights. Any further rights of the tenderer or tenderer arising from the existing laws shall remain unaffected, without prejudice to the provisions of Article 171.

Art 173

At the time of the entry into force of the Civil Code, the provisions of the Civil Code shall apply from that time to fractions of a fraction of the Community's civil code.

Art 174

(1) From the entry into force of the Civil Code, the provisions of § § 798 to 800, 802 and 804 and § 806 sentence 1 of the Civil Code shall apply to the previously issued debt securities on the holder. 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 force and the default. (2) The limitation of claims from the debt securities issued prior to the entry into force of the Civil Code shall, without prejudice to the provisions of Section 802 of the Civil Code, be determined in accordance with the laws of the previous year.

Footnote

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

Species 175

For interest, pension and profit-sharing certificates issued after the entry into force of the Civil Code for a bearer document issued prior to that period, the laws governing the period before the entry into force of the Civil Code shall be governed by the laws of the Member States. Codes of the same kind issued in the case of the Code.

Species 176

The discontinuation of debt securities to the holder is no longer taking place after the Civil Code enters into force. The effect of a prior external decision will be lost with the entry into force of the Civil Code.

Art 177

The date of entry into force of the Civil Code shall apply to documents previously issued in the manner referred to in § 808 of the Civil Code, provided that the debtor is only obliged to perform the certificate in respect of the performance of the document, which shall be subject to the Provisions of Section 808 (2) (2) and (3) of the Civil Code and Article 102 (2) of this Act.

Species 178

A procedure pending at the time of the entry into force of the Civil Code, which includes the declaration of force of a debtor on the holder or a document of the type referred to in § 808 of the Civil Code or the payment ban for such a paper has to 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

If a claim arising from a debt ratio has become effective against third parties in accordance with the existing laws by registration in a public book, it shall retain that effect even after the entry into force of the Civil Code.

Art 180

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

Art 181

(1) The property existing at the time of the entry into force of the Civil Code shall apply from that time to the provisions of the Civil Code. (2) Is the property of the Civil Code at the time of the entry into force of the Civil Code. In the case of a number of products not subject to fractions of a fraction or, at that time, a special ownership of the standing products of a land, in particular of trees, shall be justified, those rights shall remain.

Art 182

The level of 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 existing laws.

Art 183

In favour of a land which has existed at the time of the entry into force of the Civil Code with forest, the national legislation governing the rights of the owner of a neighbouring land in the sight of the land on the border, or By way of derogation from the provisions of § 910 and section 923 (2) and (3) of the Civil Code, the trees and shrubs standing on the forest land shall be in force until the next rejuvenation of the forest.

Art 184

Rights with which a case or a right is charged at the time of entry into force of the Civil Code shall remain with the content and rank resulting from previous laws, except as provided for in Articles 192 to 195. Other results. However, from the entry into force of the Civil Code, 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

If, at the time of the entry into force of the Civil Code, the meeting of the property or the consumption of products on a movable property is not completed, the provisions of Rule 169 shall apply to the meeting.

Footnote

Art. 185 italic print: Muß right "of the article"

Art 186

(1) The procedure in which the basic books are laid down, and the date in which the land register is to be considered as being laid down for a district, shall be determined for each state by means of a national regulation. (2) Is the land register in the case of a district, the application shall also be considered for those land belonging to the district which do not yet have a sheet in the land register, to the extent that certain land is not exempted by special arrangements.

Art 187

(1) A basic serviceability, which exists at the time when the land register is to be regarded as being invested, does not need to be registered in order to maintain its effectiveness in relation to the public faith of the basic book. The registration shall, however, be effected if it is required by the person entitled or by the owner of the land subject to the charge; the costs must be borne by the person who requires the registration. (2) By the Land Law, shall be determined in order to ensure that the existing basic services or individual species have to be entered in the land register in order to maintain their effectiveness in relation to the public faith of the Land Registry during the laying down of the Basic Paper or later. The provision may be limited to individual land-based districts.

Art 188

(1) By means of a national regulation, it may be determined that statutory rights of deposit, which exist at the time when the land register is to be regarded as being laid down, in order to maintain the effectiveness in relation to the public faith of the basic book during the period of (2) By means of a national regulation, it can be determined that leases and lease rights, which are to be found in the (1), as rights in a property, for the conservation of of the fact that the public faith in the basic book is not effective in registration.

Art 189

(1) The acquisition and loss of property, as well as the justification, transfer, burden and cancellation of any other right in a property or a right to such a right shall also be effected after the entry into force of the Civil Code the existing laws until the land register is to be regarded as laid out. 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 the land register is to be regarded as being created, the owner as the law In accordance with Article 900 of the Civil Code, the provisions of Article 169 shall be applied in accordance with the provisions of Article 169, which are not yet completed in accordance with Article 900 of the Civil Code. (3) The abolition of a right to a lot of land or a right to a property at the time is burdened, to which the According to the previous laws, the basic book is to be regarded as being laid out, until the law is entered into the land register.

Art 190

The right of appropriation to which the Treasury is entitled under section 928 (2) of the Civil Code extends to all the land which is unleaven at the time when the land register is to be regarded as being laid out. The provisions of Article 129 shall apply mutatily.

Art 191

(1) The previous laws on the protection of the property of a basic service or of limited personal serviceability shall also apply after the entry into force of the Civil Code, until the land register for the loaded land as a (2) From the time at which the land register is to be regarded as being laid down, it is necessary to protect the exercise of a basic service which involves holding a permanent installation which applies to the protection of the property. Provisions of the Civil Code as long as they are applicable Any service of this kind under Article 128 or Article 187 in order to maintain its effectiveness in relation to the public faith of the basic book shall not be subject to registration. The same shall apply to basic services of a different nature, provided that the protection of property is only granted if the serviceability has been exercised at least once in each of the three last years prior to the disturbance.

Art 192

(1) A lien at the time when the land register is to be regarded as being invested shall be deemed to be a mortgage for which the 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 security mortgage. (2) The lien shall be limited to the fact that the creditor shall seek satisfaction from the property only by way of forced administration. , this restriction shall remain.

Art 193

It may be determined by national law that a lien which is not considered to be a security mortgage pursuant to Article 192 shall be considered as a backup mortgage or a mortgage for which the issue of the mortgage briefs is not ruled out, and that a document issued via the pledge is to be considered a mortgage letter.

Art 194

It may be determined by national law that a creditor whose lien is at the time referred to in Article 192 shall delete a lien in the rank or equivalent in the case of the property in one person. shall be entitled to demand in the same way as if a preliminary note were entered in the land register in order to safeguard the right to erasure.

Art 195

(1) One at the time when the land register is to be regarded as established, the basic debt shall be considered 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 provision of Article 192 (2) shall apply. (2) Landesgesetz (Land Law) may determine that one of the periods referred to in paragraph 1 shall be the basic debt as a mortgage for which the issue of the mortgage briefs does not apply. , or as a security mortgage, and that a document issued on the basis of the basic debt shall be considered as a mortgage letter.

Type 196

By Land Law it can be determined that the provisions relating to land and the acquisition of such a right apply to a hereditary and transferable right of use existing on a property and to the acquisition of such a right provisions of the Civil Code in accordance with the provisions of the Civil Code.

Species 197

The legislation in force shall remain in force in accordance with which, in the event of such land, in respect of which a peasant right of use is not covered by Article 63 at the time of entry into force of the Civil Code, it shall remain in force in accordance with the provisions of the the termination of the right of use can be reestablished a right of the same kind and the landlord is obliged to do so on the basis of the justification.

Art 198

(1) The validity of a marriage concluded prior to the entry into force of the Civil Code shall be determined in accordance with the laws 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 marriage Spouse, at the time of entry into force of the Civil Code, are still alive as spouses and the reason on which the invalidity or invalidity is based, under the provisions of the Civil Code, the invalidity or the Do not cause the marriage to be challenged or would have lost this effect. The period specified 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, which has been made in accordance with previous laws, is the declaration of invalidity after the Bourgeois code of law.

Art 199

The personal legal relations of the spouses with respect to each other, 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.

Species 200

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

Art 201

(1) The divorce and the annulment of the matrimonial community shall take place from the entry into force of the Civil Code as laid down in its provisions. (2) (omitted)

Art 202

For the effects of a continuous or temporary separation of the table and bed, to which it was recognized before the entry into force of the Civil Code, the existing laws remain authoritative. This also applies in particular to the provisions under which a separation in all or individual relations between the dissolution of marriage and the death of one of the spouses is equivalent to that of marriage.

Art 203

The legal relationship between the parents and a married child born before the entry into force of the Civil Code is determined by the entry into force of the Civil Code in accordance with the provisions of this Code.

Species 204 to 206
(unopposed)

Art 207

The extent to which the children are to be considered as marital children from a non-marital or invalid marriage before the entry into force of the Civil Code, and to what extent the father and mother have the duties and rights of married parents, is governed by the laws of the past.

Species 208

(1) The legal status of a non-helike child born before the entry into force of the Civil Code is determined by the entry into force of the Civil Code, in accordance with the provisions of the Civil Code; the right of the child to lead the father's surname, as well as for the father's maintenance obligations, remain relevant to the previous laws. (2) To what extent a child extramariated before the entry into force of the Civil Code a particular reason, in particular because of production in the bridal stand, which (3) The provisions of paragraph 1 shall also apply to the legal position of a married child, and to what extent the father and mother of such a child have the duties and rights of married parents. (3) a child recognised in accordance with the laws of France or Baden.

Art 209

The extent to which a child legitimised before the entry into force of the Civil Code, or adopted 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. , it is determined by the laws of the past.

Species 210

(1) The provisions of the Civil Code shall apply from that time to a guardianship or a parish existing at the time of the entry into force of the Civil Code. 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 debtor 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 weak. (2) Previous premors and caregivers remain in office. The same applies within the scope of the Prussian Guardianship Order of 5 July 1875 to the Family Council and its members. A counterguardian is to be dismissed if, according to the provisions of the Civil Code, a counter-guardian would not be ordered.

Art 211
(unopposed)

Art 212

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

Art 213

If the deceased had died prior to the entry into force of the Civil Code, the existing laws remain applicable to the erbrechtliche ratios. This also applies in particular to the rules on hereditary liquidation proceedings.

Art 214

(1) The establishment or cancellation of a disposition of death due to death before the entry into force of the Civil Code shall be assessed in accordance with the existing laws, even if the deceased person after the entry into force of the Civil Code (2) The same applies 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.

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 to do so, even if it is required by the Civil Code. (2) The provisions of Section 2230 of the Civil Code shall apply to a testament established before that date by a deceased person who died after the Civil Code came into force.

Art 216
(unopposed)

Art 217

(1) The establishment of a contract of inheritance and the effects of such a contract before the entry into force of the Civil Code shall be determined in accordance with existing laws. (2) The same shall apply from a prior to the entry into force of the The Civil Code concluded a contract for the repeal of an inheritance history treaty.

Art 218

To the extent that according to the provisions of this section the existing national laws remain authoritative, they may also be amended after the entry into force of the Civil Code by Land Law.

Fifth Part
Transitional provisions resulting from recent amendments to the Civil Code and the introduction of this law

Art 219
Transitional provision to the Law of 8 November 1985 on the reorganisation of agricultural leasing

(1) Pachtary relationships based on contracts concluded before 1 July 1986 shall be governed by the new version of § § 581 to 597 of the Civil Code. If contractual provisions relating to the inventory are based on current law, each part of the contract shall have the right to declare until 30 June 1986 that the old right shall continue to apply to the lease. The declaration shall be submitted to the other part of the contract. It requires 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 in force. However, in connection with § § 588 and 589 of the Civil Code in the version of the provisions currently in force, it is still necessary to continue to apply Section 1048 (2) in connection with the date referred to in the first sentence of the first sentence of paragraph 1. (3) In court Proceedings pending at the beginning of the day referred to in the first sentence of paragraph 1 shall be decided on the renewal of lease contracts under the law which has been in force until now.

Species 220
Transitional provision to the Law of 25 July 1986 on the new regulation of private international law

(1) The current international private law shall remain applicable to operations completed before 1 September 1986. (2) The effects of family law legal relationships shall be subject to the provisions of the second subparagraph of paragraph 1 of this Article. Chapter of Part One. (3) The amicable effects of marrials concluded after 31 March 1953 and before 9 April 1983 shall be subject to the following conditions until 8 April 1983.
1.
the law of the State to which both spouses belongeted at the time of marriage;
2.
the right to which the spouses have been subject or from whose application they have been presumed, in particular where they have concluded a marriage contract, in the alternative
3.
the law of the State to which the husband was a member of the marriage.
For the period after 8 April 1983, Article 15 shall apply. In the case of marriages to which first sentence 1 (3) was applied, the date of the marriage of 9 April 1983 shall be replaced by the date on which the marriage is to be made. To the extent that, on the sole basis of a change in the applicable law at the end of 8 April 1983, claims arising from the termination of the earlier stock of goods would result, they shall be deemed to have been stranded up to the date referred to in paragraph 1. Article 15 shall apply to the amicable effects of marrials, which have been concluded after 8 April 1983. The amicable effects of marrials concluded before 1 April 1953 shall remain unaffected; however, the spouses may choose to have a choice of law pursuant to Article 15 (2) and (3). (4) (omitted) (5) (omitted)

Art 221
Transitional provision to the Law of 26 June 1990 amending the Labour Courts Act and other labour law provisions

In the case of a dismissal prior to 1 July 1990, the calculation of the duration of employment shall also include periods between the completion of the twenty-fifth year of life and the completion of the thirty-five year of life, shall be taken into account when, on 1 July 1990,
1.
the employment relationship has not yet been completed, or
2.
a legal dispute over the date of termination of the employment relationship is pending.

Art 222
Transitional provision on the law on dismissal of the 7. October 1993

One before the 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 law on dismissal of the law of dismissal of 7. October 1993 for the worker more favourable than those before the 15. The following legal provisions are in force in October 1993;
2.
a legal dispute is pending in which the decision on the date of termination of the employment relationship depends on:
a)
the provision of section 622 (2) sentence 1 and second sentence 2 of the first half sentence of the Civil Code as amended by Article 2 (4) of the First Labour Law Purification Act of 14 August 1969 (BGBl. 1106) or
b)
§ 2 (1) sentence 1 of the Law on the Time-limits for the termination of employees in the revised version published in the Bundesgesetzblatt Part III, outline number 800-1, the latest by Article 30 of the Law of 18. December 1989 (BGBl. 2261), in so far as the employment of, as a rule, more than two employees by the employer is a precondition for the extension of the time limits for the termination of employees.

Art 223
Transitional provision on the law of the law of 4 December 1997

(1) Existing legal obligations pursuant to § § 1706 to 1710 of the Civil Code shall be held on 1 July 1998 in accordance with § § 1712 to 1717 of the Civil Code. The former service provider will be able to help. The task price of the assistance shall be equal to the previous task price; from 1 January 1999, other tasks other than those referred to in Article 1712 (1) of the Civil Code shall be taken away from the task. This does not apply to the handling of current erbrechtlicher procedures according to § 1706 No. 3 of the Civil Code. (2) Insofar as the Jugendamt has been assigned tasks pursuant to Section 1690 (1) of the Civil Code as an assistance, these are Counties on July 1, 1998 to counties in accordance with § § 1712 to 1717 of the Civil Code. The third sentence of paragraph 1 shall apply accordingly. Other councils of the Jugendamt end on 1 July 1998. (3) As far as other councils have been assigned duties as youth offices according to § 1690 (1) of the Civil Code, these consents shall become counties on 1 July 1998. § § § 1712 bis 1717 of the Civil Code. The first sentence of the third sentence of paragraph 1 shall apply accordingly. These counties end on 1 January 1999.

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

Section 419 of the Civil Code shall be applied in its version applicable up to the end of 31 December 1998 to cover assets which are effective up to that date.

Species 224
Transitional provision on the Child Rights Reform Act of 16 December 1997

Unofficial table of contents

§ 1 Descent

(1) The paternity of a child born before 1 July 1998 is governed by the provisions of the previous rules. (2) The challenge of respect for the paternity and the challenge of recognition of fatherhood shall be governed by the new rules on: (3) § 1599 (2) of the Civil Code shall be applied accordingly to children born before the date referred to in paragraph 1. (4) If the child was denied the child before the date referred to in paragraph 1, the child was not subject to the law of the child. is not required by law, or it has previously been subject to of the right to appeal is not used because it did not have the necessary knowledge before the end of the twentieth year of life, the child shall, on the date referred to in paragraph 1, begin a two-year period for the challenge of the dispute to the Fatherhood. If a challenge has been dismissed due to a failure to comply with the deadline or due to a lack of a legal challenge, the legal force of that decision shall not be contrary to a new action. (5) The child's complaint, which shall be referred to in A new right of appeal shall be lodged, the validity of an order by which the guardianship court has established paternity in accordance with the provisions in force until now is not contrary to the law. The period of appeal shall begin at the earliest on 1 July 1998. Unofficial table of contents

§ 2 Elternal concern

(1) If a child has been declared for ehelich at the request of the father, this shall be considered as a decision in accordance with Section 1671 (2) of the Civil Code. If the mother has consented to the declaration of return, 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 back to the mother (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 pursuant to § 1680 (2) sentence 2 of the Civil Code. (3) to (5) (omitted) Unofficial table of contents

§ 3 Name of the child

(1) If a child born before 1 July 1998 leads to a birth name, it shall retain the name of the birth. § 1617a (2) and § § 1617b, 1617c and 1618 of the Civil Code remain unaffected. (2) § 1617 (1) and § 1617c of the Civil Code apply to a child born after 31 March 1994, even if a child born before 1 April 1994 (3) In the cases referred to in paragraph 2, the parents may, by means of a declaration to the registry official, also be able to give the name of the compound, which shall be the name of the person before 1 April. Born in 1994, born child as a birth name, the birth name of her child born after 31 March 1994 . The provision must be effective for all common children; § 1617 (1) sentences 2 and 3 and § 1617c (1) of the Civil Code apply accordingly. (4) In the cases referred to in paragraph 2, for the child born after 31 March 1994, the following shall apply. If a name is entered into a German civil register, the child shall retain the registered name as the birth name. However, within one year from the date of entry into force of this provision, parents may also determine the birth name of the child born before 1 April 1994, on the name of the birth name of the child born after 31 March 1994. (5) If, on the date of entry into force of this provision, a child's name is entered as the name of birth in a German civil register, the parents may, by means of a declaration, be made to designate the name that the father or the mother leads at the time of the declaration of the name of the child to be born. The second sentence of paragraph 3 shall apply accordingly. If the parents have already determined the name of the father or the mother's name as the birth name of one of their common children, only that name may be determined for the other common children. (6) The provisions of paragraphs 3 to 5 shall not apply if: Several children of the same parents who were born before 1 April 1994 have different birth names.

Species 225
Directive on the modernisation of the housing space modernisation law

Article 231 (8) (2) shall not apply if a final judgment has been issued or an effective agreement has been concluded before 24 July 1997 on the stock of the contract. Article 233 (2) (2), § 11 (3) sentence 5 and (4) sentence 3 and sections 13 and 14 and Article 237 (1) shall not apply insofar as a final judgment has been issued on 24 July 1997 in view of the legal conditions referred to therein, or an agreement has been reached by the It has been carried out.

Art 226
Regulation of the law of 4 May 1998 on the reorganisation of the right of marriage

(1) The annulment of a marriage concluded before 1 July 1998 shall be excluded if the marriage in accordance with the law in force up to that date could not have been annulled or annulled. (2) Is the nullity or invalidity before 1 July 1998. In the event of a suspensive action, the conditions and consequences of invalidity or annulment as well as the proceedings of the proceedings shall remain applicable. (3) In addition, the marriage of the marriage, which was closed before 1 July 1998, shall be subject to the Provisions in their version valid from 1 July 1998.

Art 227
Transitional provision on the law on the equal treatment of non-marital children of 16 December 1997

(1) The provisions on the right of inheritance of the non-helike child in force until 1 April 1998 shall continue to apply if, before that date,
1.
the deceased has died, or
2.
an effective agreement has been reached on the inheritance settlement or the inheritance settlement has been granted by a final judgment.
(2) If an inheritance compensation has not been achieved, the provisions of § 2050 bs shall apply to payments made by the father to the child in respect of the inheritance compensation and not reclaimed. 1, Section 2051 (1) and Section 2315 of the Civil Code accordingly.

Art 228
Transitional provision on the transfer law

(1) § § 675a to 676g of the Civil Code do not apply to credit transfers, transfer and payment contracts which have been concluded before 14 August 1999. (2) § § 675a to 676g are not applicable to domestic transfers and Transfers to other countries other than those referred to in Article 676a (2), second sentence, point 1 of the Civil Code, which began before 1 January 2002. § § 676a to 676g does not apply to domestic transfers within the framework of the pension payment method of the pension insurance institutions and to comparable domestic transfers. § § 676a to 676g of the Civil Code is without prejudice to provisions of international law treaties, in particular the Postgiro Convention and the Postanstruction Agreement.

Art 229
Other leeway rules

(dropped) Unofficial table of contents

§ 1 Code of transmission to the law on speeding up payments

(1) Section 284 (3) of the Civil Code, as amended on 1 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 the version in force since 1 May 2000 shall apply to all claims which shall become due from that date. (2) § § 632a, 640, 641, 641a and 648a in the respectively applicable version. as from 1 May 2000, unless otherwise specified, they shall not apply to contracts which have been concluded before that date. § 641 (3) and Section 648a (5) sentence 3 in the contracts which have been concluded since 1 May 2000 must also be applied to previously concluded contracts. Section 640 applies to such contracts with the proviso that the course of the period specified therein only begins on 1 May 2000. Unofficial table of contents

§ 2 Transitional provisions to the Law of 27 June 2000

§ § 241a, 361a, 361b, 661a and 676h of the Civil Code shall apply only to matters which have arisen after 29 June 2000. Unofficial table of contents

§ 3 Transitional provisions on the law for the restructuring, simplification and reform of the rental right of 19 June 2001

(1) A rental ratio or a lease is available on 1 September 2001.
1.
in the case of termination of the contract before 1 September 2001 § 554 (2) (2), § § 565, 565c sentence 1 no. 1b, § 565d paragraph 2, § 570 of the Civil Code and Section 9 (1) of the Act for the Regulation of the Miethöhe, respectively in the up to this the date of application;
2.
in the case of a claim for a claim to be paid before 1 September 2001, or a declaration of tenderers committed before that date, § § 2, 3, 5, 7, 11 to 13, 15 and 16 of the law governing the level of rent in the up to that date , in addition to the date referred to in the first sentence 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 it is concerned with: Rental conditions within the meaning of Section 7 (1) of that Act;
3.
in the case of a declaration of a change in operating costs referred to before 1 September 2001, § 4 (2) to (4) of the law governing the level of rent in the version applicable up to that date;
4.
in the case of a declaration on the settlement of operating costs, § 4 (5), first sentence, no. 2 and § 14 of the law governing the level of rental, in the version applicable up to that date, before 1 September 2001;
5.
in the case of the death of the tenant or tenant, to apply § § 569 to 569b, 570b (3) and § 594d (1) of the Civil Code in the version valid until 1 September 2001, if the tenant or tenant is deceased before that date, however, in the event of the cancellation of a tenancy relating to accommodation with respect to the heir, only if the declaration of termination has also been granted to the heir before that date;
6.
in the case of a communication prior to 1 September 2001 on the implementation of modernisation measures, section 541b of the Civil Code, in the version currently in force until that date;
7.
in respect of the due date of Article 551 of the Civil Code, in the version valid until 1 September 2001.
(2) An existing lease on 1 September 2001 within the meaning of Section 564b (4) (2) or (7) (4) of the Civil Code in the version valid until 1 September 2001 may still be in force until 31 August 2006 in accordance with § 564b of the Civil Code § 564c in conjunction with § 564b as well as § § 556a to 556c, 565a para. 1 and § 570 of the Civil Code are to be terminated in the above-mentioned version. (3) (4) to be applied until the date of 1 September 2001. Rental ratio, in which the operating costs are wholly or partly included in the rent, is to be applied in accordance with § 560 (1), (2), (5) and (6) of the Civil Code due to increases in operating costs, to the extent that it is agreed in the rental agreement that: the tenant has to pay increases in operating costs; in the case of reductions in operating costs, § 560 (3) of the Civil Code applies accordingly. (5) On a rental mirror, which was created before 1 September 2001 under conditions that § 558d (1) and (2) of the Civil Code are in accordance with the provisions of to apply the qualified rental level if the municipality has published it as such after 1 September 2001. 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, § 558a (3) and § 558d (3) of the Civil Code are not to be applied to the claims for rent which have been received by the lessee prior to this publication. (6) In rented accommodation, which is located in an area that is Due to
1.
Section 564b, para. 2, no. 2, also in conjunction with point 3, of the Civil Code in the version valid up to 1 September 2001, or
2.
of the Law on a Social Clause in Areas with Endangered Housing of 22 April 1993 (BGBl. I p. 466, 487)
, the above provisions relating to restrictions on the right of dismissal of the landlord in force on 31 August 2001 shall continue to apply until 31 August 2004. A part of a time-limit set out in the above-mentioned provisions on 1 September 2001 shall be credited to the time limit laid down in Section 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 divestment occurred before 1 September 2001 and the apartment was not sold in one of the following: (7) Section 548 (3) of the Civil Code shall not apply if the independent evidence proceedings have been requested before 1 September 2001. (8) § 551 (3) sentence 1 of the Civil Code is not if the interest is excluded by contract before 1 January 1983. (9) § § Article 556 (3) sentences 2 to 6 and § 556a (1) of the Civil Code are not applicable to accounting periods completed before 1 September 2001. (10) § 573c (4) of the Civil Code shall not apply if the Notice periods prior to 1 September 2001 have been agreed upon by contract. This does not apply to dismissals from 1 June 2005 if the periods of notice of termination of section 565 (2) sentence 1 and 2 of the Civil Code have been agreed in the version valid up to 1 September 2001 by General Terms and Conditions (11) It is not unreasonably high in the sense of Section 5 of the Economic Criminal Law 1954 charges for housing within the meaning of Article 11 (2) of the Act to regulate the height of the rent in the version valid up to 31 August 2001, which
1.
by 31 December 1997 in accordance with § 3 or § 13 of the law governing the settlement of the height of the rent in the version valid until 31 August 2001 or in accordance with § 13 in conjunction with § 17 of the law in the version valid up to 31 August 2001 or
2.
in the case of re-letting, agreed at a level corresponding to paragraph 1
. For the purposes of the first sentence, the provisions referred to above shall continue to apply. Unofficial table of contents

§ 4 Transitional provision to the Second Act amending provisions in the field of reign law

(1) § § 651k and 651l of the Civil Code are to be applied in their version valid since 1 September 2001 only to contracts which are concluded after that date. (2) By way of derogation from § 651k paragraph 2 sentence 1 of the Civil Code shall be subject to the following limits of liability for subsequent periods.
1.
from 1 November 1994 to 31 December 1994. October 1995 70 million Deutsche Mark,
2.
from 1 November 1995 to 31 December 1995. October 1996 100 million Deutsche Mark,
3.
from 1 November 1996 to 31 December 1996. October 1997 150 million Deutsche Mark,
4.
from 1 November 1997 to 31 December 1997. October 2000 200 million Deutsche Mark and
5.
From 1 November 2000 to 1 September 2001, EUR 110 million.
Unofficial table of contents

§ 5 General provisions of the Law on the Modernisation of Obligations of 26 November 2001

The Civil Code, the AGB Act, the Commercial Code, the Consumer Credit Act, the Distance Law, the Law on Distance Law, the Law on the Revocation of Obligations, which were created before 1 January 2002. of doorstep shops and similar shops, the part-time housing rights law, the regulation on customer information requirements, the regulation on information requirements of tour operators and the regulation on the main defects and Guarantee periods in the livestock trade, unless otherwise specified, in the to this date in force. The provisions of the first sentence shall apply to permanent debt ratios, provided that, instead of the laws referred to in the first sentence of 1 January 2003, only the Civil Code, the Commercial Code, the Telecommunications Act and the Regulation shall apply to: Information obligations under civil law are to be applied in the version then in force. Unofficial table of contents

§ 6 Code of limitation on the right of limitation under the Law for the Modernisation of the Debt Law of 26 November 2001

(1) The provisions of the Civil Code on the statute of limitations in the version in force since 1 January 2002 shall apply to the claims which exist on that date and which have not yet been barred. However, the beginning, the inhibition, the flow inhibition and the new beginning of the limitation period shall be determined for the period prior to 1 January 2002 in accordance with the Civil Code in the version valid up to that date. If, at the end of 31 December 2001, a circumstance occurs which, in accordance with the Civil Code, is in force before 1 January 2002, an interruption of the limitation period shall be deemed not to have occurred before 1 January 2002; or (2) In so far as the provisions of the Civil Code have been replaced by the version in force since 1 January 2002, instead of the provisions of the Civil Code, the Civil Code shall be applied in the version as amended by 1 January 2002. If the limitation period is interrupted, an interruption of the limitation period shall apply, which shall: in accordance with the provisions of the Civil Code applicable before 1 January 2002, as amended before 1 January 2002, and which has not yet ended with the end of 31 December 2001, than with the expiry of 31 December 2001 (3) The period of limitation according to the Civil Code in the version valid since 1 January 2002 is longer than in accordance with the Civil Code in the period up to that date. shall be subject to the expiry of the period laid down in the Civil Code in the up to this (4) The period of limitation according to the Civil Code is shorter in the version valid since 1 January 2002 than in accordance with the Civil Code in the version valid up to that date, according to the the shorter period shall be calculated from 1 January 2002. However, if the period in force in the Civil Code is longer than the period specified in the Civil Code in the version in force since that date, the period of limitation shall be the expiry of the period in force until that date in force. (5) The above paragraphs shall be applied in accordance with the time limits applicable to the establishment, acquisition or loss of a right (6) The above paragraphs shall apply to the periods laid down in the Commercial Code and to the Conversion Act accordingly. Unofficial table of contents

Section 7 Rules on the transfer of interest rules under the Law on the Modernisation of Debt Law of 26 November 2001

(1) Insofar as they are the reference value for interest and other benefits in federal legislation in the field of civil law and the 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.
in place of the base rate of interest in accordance with the DiskonRate Overdirection Act of 9 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 (German Bundesbank) of the base interest rate (§ 247 of the Civil Code),
3.
in the case of the Federal Government's interest rate in the case of the Federal Government of the Federal Republic of Germany, the basic interest rate of the Civil Code increased by 1.5 percentage points,
4.
in the case of the Lombard rate of the Deutsche Bundesbank, the interest rate of the marginal lending facility of the European Central Bank (SRF interest rate),
5.
to replace the "Frankfurt Interbank Offered Rate" for the procurement of one-and twelve-month money from first addresses on the German market on its basis in force since 2 July 1990 (FIBOR-new-rates) the "EURO Interbank Offered" Rate "-rates for the procurement of one-to twelve-month money from first addresses in the participating countries of the European Monetary Union (EURIBOR-rates) for the corresponding period,
6.
to the place of the "Frankfurt Interbank Offered Rate" rate for the procurement of daily money ("Overnight") from the 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 States of the European Monetary Union (EONIA) and
7.
in the case of the use of the Frankfurt Interbank Offered Rate sets for the acquisition of first addresses on the German market at its base (FIBOR-alt-rates) valid since 12 August 1985
a)
to the place of the FIBOR-old-rate for three-month money of the EURIBOR rate for three-month money multiplied by the number of days of the respective 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)
where an 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 Euro of 9 June 1998 (BGBl. 1242, 1250), the EURIBOR rates for the corresponding period shall be replaced by all FIBOR-old rates.
Sentence 1 (5) to (7) shall not apply to periods of interest which refer to a FIBOR rate established before the end of 31 December 1998 and shall remain in the case of the FIBOR rates agreed at the beginning of the period. Where interest is claimed for a period prior to 1 January 1999, a reference to the base interest rate refers to the discount rate of the Deutsche Bundesbank in the amount determined during that 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 change the contract by mutual agreement shall remain unaffected. (2) For the period before 1 January 2002, the DiskonRate-Überleitungs-Gesetz vom 9. Juni 1998 (BGBl. (3) A change in the basic interest rate pursuant to Section 247 (1) sentence 2 of the Civil Code shall be effected for the first time on 1 January 2002. (4) The Federal Government is empowered to act with the consent of the Federal Council by means of a legal regulation
1.
the reference value for the base interest rate in accordance with Section 247 of the Civil Code and
2.
the SRF-interest rate as a substitute for the Lombard rate of the Deutsche Bundesbank
by another rate of interest of the European Central Bank, which is more in line with the base rate of interest, the interest rate it replaced and the Lombard rate in its function as the reference value for interest rates. Unofficial table of contents

Section 8 Transitional provisions on the Second Act amending the law on the law of 19 July 2002 on the law of law amending law

(1) The provisions of the Second Act amending the law relating to the law of law in the
1.
Pharmaceutical Law,
2.
Civil Code,
3.
Federal Mining Act,
4.
Road traffic law,
5.
Liability law,
6.
Air Transport Act,
7.
Federal Data Protection Act,
8.
Genetic engineering law,
9.
Product Liability Act,
10.
Environmental Liability Act,
11.
Commercial Code,
12.
Federal Border Protection Act,
13.
Federal Social Assistance Act,
14.
Law on the retaliation of occupation damage,
15.
Nuclear law,
16.
Federal Supply Act,
17.
Compulsory insurance law and
Regulations as amended by the Air Traffic Authorisation Order are, with the exception of Section 84a of the Medicinal Products Act and Article 1 (4) of the Medicinal Products Act, as amended by Article 1 (2) of the Second Act amending the law on the amendment of the law on the protection of air transport. § 88 of the Medicinal Products Act, as amended by the Second Law amending the law on the protection of the environment, if the harmful event occurred after 31 July 2002. (2) The Act referred to in Article 1 (2) of the Second Law Amendment of the statutory provisions introduced in Section 84a of the The Medicines Act shall also apply to cases in which the harmful event occurred before 1 August 2002, unless it was decided on the claim for damages by a final judgment at that time, or Drug users and pharmaceutical entrepreneurs had agreed on the damages. (3) The § 88 of the Medicines Act, as amended by Article 1 (4) of the Second Act amending the Law on the Protection of Medicinal Products, is only available on Cases in which the injuring event occurred after 31 December 2002. Unofficial table of contents

§ 9 Code of transfer to the OLG representative amendment law of 23 July 2002

(1) § § 312a, 312d, 346, 355, 358, 491, 492, 494, 495, 497, 498, 502, 505 and 506 of the Civil Code, as amended since 1 August 2002, are to be applied only to the extent to which nothing else is intended.
1.
Door-to-door operations completed after 1 August 2002, including the handling of their reprocessing operations; and
2.
other obligations arising from the date of 1 November 2002.
Section 355 (3) of the Civil Code, as referred to in the first sentence, shall, however, also apply to door-to-door transactions concluded after 31 December 2001, including its resettlement. (2) § 355 para. 2 shall be published in the shall also apply to contracts which have been concluded before that date if the necessary information on the right of withdrawal or the right of return is not issued until after that date. Unofficial table of contents

§ 10 Code of transmission 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 precautionary provisions and the introduction of forms of payment for the remuneration of Caregivers of 23 April 2004

In the case of the dispute pursuant to Section 1600 (1) (2) of the Civil Code, the time limit for the appeal pursuant to § 1600b (1) of the Civil Code does not begin before 30 April 2004. Unofficial table of contents

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

(1) The Civil Code and the BGB Information Obligations Regulation shall apply in the version valid up to that date in respect of obligations arising up to the expiration of 7 December 2004. Sentence 1 shall apply to contractual relationships within the meaning of Section 312b (4) sentence 1 of the Civil Code, subject to the condition that the first-time agreement is established. (2) The sales prospectus prior to the expiry of 7 December 2004 , and which do not comply with the recast of the BGB information requirements regulation, may be used up to 31 March 2005, insofar as they concern only the distance sales of goods and services which do not Financial services. Unofficial table of contents

Section 12 Code of transmission to the law on the adjustment of limitation rules to the law on the modernisation of debt law

(1) On limitation periods as defined by the Law on the Adaptation of Limitation Rules to the Law on the Modernisation of Debt Law of 9 December 2004 (BGBl. I p. 3214)
1.
in the Medicines Act,
2.
in the Food Speciality Act,
3.
in the Bundesrechtsanwaltsordnung,
4.
in the insolvency order,
5.
in the Civil Code,
6.
in the law governing the provision of accommodation,
7.
in the Commercial Code,
8.
in the law of transformation,
9.
in the Stock Corporation Act,
10.
in the law relating to limited liability companies,
11.
in the Law on the Cooperatives of Acquisition and Economic Cooperatives,
12.
in the patent attorney's order,
13.
in the Tax Consultation Act,
14.
in the Regulation on general conditions for the supply of electricity to tariff customers,
15.
in the Regulation on general conditions for the gas supply of tariff customers,
16.
in the regulation on general conditions for the supply of water,
17.
in the regulation on general conditions for the supply of district heating,
18.
in the beef labelling law,
19.
in the Telecoms Customer Protection Regulation and
20.
in the Regulation on the General Conditions of Carriage for Trams and Obuses, and for regular-road transport
§ 6 shall apply mutatily unless another is determined. The date of 1 January 2002 shall be 15 December 2004, to the post of 31 December 2001 of 14 December 2004. (2) Any claims which are not yet statute-barred, shall be statute-barred in accordance with the law applicable until 14 December 2004, in accordance with the provisions of the Regulations on the regular statute of limitations determined in accordance with the Civil Code and for which longer limitation periods are determined by the Law for the Adaptation of Limitation Rules to the Law on the Modernisation of Debt, in accordance with the rules introduced by this law. The period which expired before 15 December 2004 shall be included in the limitation period. Unofficial table of contents

§ 13

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Section 14 Transitional provision to the Second Supervision Law Amending Act of 21 April 2005

The compensation and reimbursement claims of subpoenas, caregivers and caregivers, which arose before 1 July 2005, depend on the date of entry into force of the Second Supervision Law Amending Act of 21 April 2005 (BGBl. 1073). Unofficial table of contents

Section 15 Transitional provision on the law on the limitation of the liability of minors

As far as the outstanding liabilities before the entry into force of the Minors Liability Restriction Act of 25 August 1998 (BGBl. 2487) on 1 January 1999, or which have been satisfied by means of compulsory enforcement, are excluded from undue enrichment. Unofficial table of contents

Section 16 Code of transmission to the law supplementing the right to challenge the paternity of 13 March 2008

In the case of the dispute pursuant to Section 1600 (1) (5) of the Civil Code, the deadline for the appeal pursuant to § 1600b (1a) of the Civil Code does not begin before 1 June 2008.

Footnote

Art. 229 § 16 italics: Art. 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- Unofficial table of contents

Section 17 Transitional provision on the law to clarify fatherhood irrespective of the appeal procedure

If a lawsuit against fatherhood has been rejected in a legally binding manner on the grounds of expiry of the deadline, a restitution action under Section 641i of the Code of Civil Procedure shall not be admissible even if a legal code of law in accordance with § 1598a of the Civil Procedure Code is published in the Version of the law to clarify fatherhood regardless of the appeal proceedings of 26 March 2008 (BGBl. I p. 441), refuted the ancestry's ancestry. Unofficial table of contents

Section 18 Transitional provision on risk limitation law

(1) § 498 of the Civil Code, in its version valid since 19 August 2008, applies only to contracts which are concluded after 18 August 2008. In addition, Section 498 of the Civil Code, in its version valid since 19 August 2008, applies to existing contractual relationships which are transferred by the lender after 18 August 2008. (2) § 1192 para. 1a of the Civil Code The code of law applies only if the acquisition of the basic debt has taken place after 19 August 2008. (3) Section 1193 (2) of the Civil Code, as amended on 19 August 2008, applies only to basic debt which is based on the basic debt of the German Civil Code. 19 August 2008. Unofficial table of contents

Section 19 Code of transfer to the law on receivables

(1) The provisions of § § 204, 632a, 641, 648a and 649 of the Civil Code in the version in force since 1 January 2009 shall apply only to the obligations arising after that date. (2) § 641a of the Civil Code shall apply in respect of debt which arose before 1 January 2009 in the version valid up to that date. Unofficial table of contents

Section 20 Transitional provision to the Act amending the Allowance Compensation and Guardianship Rights of 6 July 2009

(1) When dealing with household items on the occasion of divorce, household items purchased prior to 1 September 2009 shall be subject to § 1370 of the Civil Code in the version valid up to that date. (2) § 1374 of the Civil Code shall apply in the version valid up to that date for the compensation of benefits which are pending before 1 September 2009. (3) § 1813 (1) (3) of the Civil Code The Civil Code as amended on 1 September 2009 shall also apply for the period before 1 September 2009. (Article 1773 of the Civil Code), Pflegschaften (§ 1915 (1) of the Civil Code) and supervision (§ 1908i (1) sentence 1 of the Civil Code). Unofficial table of contents

Section 21 Transitional provision for civil law in the general public accounting procedure

§ 899a of the Civil Code as well as § 47 (2) sentence 2 and § 82 sentence 3 of the Land Code shall also apply if the registration before the date of entry into force referred to in Article 5 (2) of the Act for the introduction of the electronic Legal transactions and the electronic file in the general ledger procedure as well as the amendment of further land register, register and cost regulations on 18 August 2009. Unofficial table of contents

Section 22 Transitional provision on the law implementing the Consumer Credit Directive, the civil part of the Payment Services Directive and the reorganisation of the rules on the right of revocation and return of 29 July 2009

(1) In the case of debt which relates to the execution of payment transactions and which is before 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 are to be applied in the version currently in force. (2) Insofar as the obligations regulated in paragraph 1 are different before the date of 11 June 2010. (3) By way of derogation from paragraph 2, § 492 (5), § 493 (3), § § 499, 500 (1) and § 504 (3) are to be applied in the form of a German Civil Code. Section 1 and section 505 (2) of the Civil Code on indefinite debt , Section 505 (1) shall apply to such obligations in connection with the notification of the communications after the conclusion of the contract. Unofficial table of contents

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

(1) The provisions of the Civil Code on the statute of limitations in the version in force since 1 January 2010 shall apply to the claims which exist on that date and shall not be barred. The beginning of the limitation period and the period of limitation shall be determined in accordance with the provisions of the Civil Code, as amended before 1 January 2010, if, in the case of application of those provisions, the period of limitation is completed earlier than in the case of: Application of the relevant provisions in accordance with the first sentence. (2) The date of the beginning and the limitation period shall be determined in accordance with the provisions of the Civil Code in the version in force since 1 January 2010, the time limit shall not begin before 1 January 2010. In the light of the provisions of the Civil Code, as amended before 1 January 2010, the period of limitation shall expire earlier than the limitation period laid down in the Civil Code in the version in force since 1 January 2010, the limitation period shall be completed by the expiry of the period in accordance with the provisions in force before 1 January 2010. (3) The limitation of the limitation period shall be determined for the period before 1 January 2010 in accordance with the provisions of the Civil Code in the up to in the case of succession before 1 January 2010, the Provisions of the Civil Code in the version applicable before 1 January 2010. For hereditary cases since 1 January 2010, the provisions of the Civil Code have been in force since 1 January 2010, irrespective of whether or not events from the period prior to the entry into force of these provisions are linked to. Unofficial table of contents

Section 24 Transitional provision to the law on the facilitation of electronic declarations on the register of associations and other changes in association law

Foreign associations and foundations, which have been granted legal capacity in Germany before 30 September 2009, remain legally valid. § 33 (2) and § 44 of the Civil Code are to be applied further to the associations in the version in force until 29 September 2009. Unofficial table of contents

Section 25 Transitional provisions on the Law for the Modernisation of Regulations on Part-Time Housing Contracts, Contracts for the Long-term Holiday Products, and Conciliation Contracts and Exchange System Contracts

(1) § § § 481 to 487 of the German Civil Code shall apply in the version valid up to that date. (2) On a contract concluded before the 23rd February 2011, the contract shall be valid for a part-time residence contract concluded before 23 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 an exchange-system contract within the meaning of § 481b (2) of the Civil Code The Code does not apply to § § 481 to 487 of the Civil Code. Unofficial table of contents

§ 26 Code of transmission to the law to combat forced marriage and to improve the protection of victims of forced marriage, as well as the amendment of further residence and asylum legislation

The annulment of a marriage concluded before 1 July 2011 shall be excluded if the marriage under the law which has been in force until then could not have been lifted at that time. Unofficial table of contents

§ 27 Transitional provision to the Act adapting the rules on the value of compensation for the withdrawal of distance contracts and related contracts of 27 July 2011

Both the first sentence of Article 246 (2) (3) and the third paragraph of Article 360 (3) of the Civil Code are also in force until the end of 4 November 2011 in the case of the transmission of the revocation and return returns in accordance with the models referred to in Annexes 1 and 2. the version of the law on the implementation of the Consumer Credit Directive, the civil part of the Payment Services Directive as well as the reorganisation of the provisions on the right of revocation and return of 29 June 2009 (BGBl. I p. 2355). Unofficial table of contents

Section 28 Transitional provision to the Act adapting the provisions of private international law to Regulation (EU) No 1259/2010 and amending other provisions of the International Private Law of 23 January 2013

(1) Article 17 (1), in the version in force on 29 January 2013, shall apply if the procedure for divorce is initiated after 28 January 2013. (2) Article 17 (3) and Article 17b (1), second sentence, in the version adopted on 28 January 2013. shall continue to apply if the procedure for divorce or waiver of the life partnership has been initiated before 29 January 2013. Unofficial table of contents

Section 29 Transitional provisions on the law on leasing law of 11 March 2013

(1) § § 536, 554, 559 to 559b, 578 of the Civil Code shall be applied in the version valid until May 1, 2013 in the version valid until May 1, 2013 if the rental ratio is valid until 1 May 2013, if:
1.
in the case of modernisation measures, the notification under Article 554 (3) sentence 1 of the Civil Code has been notified to the lessee before 1 May 2013, or
2.
in the case of modernisation measures, to be applied to the third sentence of Section 554 (3) of the Civil Code in the version in force until 1 May 2013, the landlord has begun the implementation of the measure before 1 May 2013.
(2) § 569 (2a) of the Civil Code shall not apply to a rental relationship established before 1 May 2013. Unofficial table of contents

§ 30 Code of transmission to the law on the reform of parental care of parents who are not married to one another

If a parent has submitted a request to the family court before 19 May 2013 for the replacement of the other parent's declaration of custody, the application shall be deemed to be a request for the transfer of parental concern in accordance with Article 1626a (2) of the Civil Legislative book. Unofficial table of contents

Section 31 Directive on the amendment of the statute of limitations of the Civil Code through the Act on the Strengthening of the Rights of Victims of Sexual Abuse

The provisions of the Civil Code, as amended on 30 June 2013, on the statute of limitations shall apply to the claims which exist on that date and which are not yet to be barred. Unofficial table of contents

Section 32 Transitional provision on the Act for the Implementation of the Consumer Rights Directive and amending the law governing the provision of accommodation

(1) The provisions of this Act, the Civil Code, the Civil Procedure Code, the Code of Civil Procedure, the Housing Service Act, the Civil Procedure Code, the Civil Procedure Code, which were concluded before 13 June 2014, are the provisions of this Act. Law against unfair competition, the Investment Services Act, the Securities Prospectus Act, the German Securities Prospectus Act, the German Securities Prospectus Act, the Capital Investment Code, the German Securities Prospectus Act, the Investment Prospectus Act, the Capital Investment Code, the Insurance contract law and the law on injunctions in the up to (2) As long as the consumer does not or does not comply with the legal requirements applicable at the time of the conclusion of the contract, in the case of a distance contract concluded before 13 June 2014, or not in accordance with the legal requirements applicable at the time of conclusion of the contract of the Civil Code on the right of withdrawal has been awarded and as long as the right of withdrawal has not been granted for this reason, the right of withdrawal shall not be issued
1.
in the case of the delivery of goods: twelve months and 14 days after receipt of the goods by the consignee, but not before the end of 27 June 2015,
2.
in the case of the recurrent supply of similar goods: twelve months and 14 days after receipt of the first partial delivery, but not before the end of 27 June 2015,
3.
in the case of services: with the expiry of the 27 June 2015.
(3) As long as the consumer does not, or not, in accordance with the requirements of the Civil Code on his right of withdrawal, in the case of a door-to-door business closed before 13 June 2014, or not in accordance with the requirements of the Civil Code applicable at the time of conclusion of the contract , and as long as the right of withdrawal has not been granted for this reason, the right of withdrawal shall lapse twelve months and 14 days after full provision of the mutual benefits under the contract, but not before the end of the 27 June period (4) The provisions of paragraphs 2 and 3 shall not apply to contracts relating to: Financial services. As long as the consumer, in the case of a door-to-door business, by which the trader grants the consumer a paid financial assistance and which has been closed before 11 June 2010, or not in accordance with the date of the As long as the right of withdrawal has not been granted, the right of revocation shall be issued for twelve months and 14 days after the date of the conclusion of the contract for the right of withdrawal. Full provision of mutual benefits under the Treaty, but not before the end of 27 June 2015. Unofficial table of contents

Section 33 Code of transmission to the law against dubious commercial practices

On debt, which is before the 9. § 675 of the Civil Code is to be applied in the version valid up to this date. Unofficial table of contents

Section 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 version valid since July 29, 2014 are to be applied only to a debt ratio which arose after 28 July 2014. By way of derogation from the first sentence, the provisions referred to therein shall also apply to a previously established permanent-debt ratio in so far as the consideration is provided in accordance with the provisions of 30 June 2016. Unofficial table of contents

Section 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 tenancy agreements and relay leases on housing which have been concluded before the contract-related rental apartment in (2) § 557a (4) of the Civil Code is no longer applicable to tenants whose first rent is due at a time when the first rent is due to be paid in the first place. contract-related rental apartment no longer within the scope of a Ordinance pursuant to Section 556d (2) of the Civil Code falls. Unofficial table of contents

Section 36 Convention on the Law of Inheritance and amending other provisions of 29 June 2015 on the Law of the International Erbrecht and amending the Rules on the Certificate of Inheritance

The Civil Code and the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction are based on procedures for the issue of inheritance after a deceased person, who died before 17 August 2015. shall continue to apply in the version valid up to that date.

Sixth Part
Entry into force and transitional law on the occasion of the introduction of the Civil Code and of this Introduction Act in the area referred to in Article 3 of the Agreement

Species 230
entry into force

The Civil Code and this Act of Introduction shall enter into force for the territory referred to in Article 3 of the Agreement on the date of the date of entry into force of the accession in accordance with the following transitional provisions.

Art 231
First book. General part of the Civil Code

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§ 1 (omitted)

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§ 2 Vereine

(1) Legal associations which are subject to 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 effect of the Act of Accession, they shall continue to exist. (2) From the date of the date of accession, they shall be subject to Articles 21 to 79 of the Civil Code. (3) The provisions referred to in paragraph 1 of this Article shall apply. From the date of entry into force, associations lead to the designation "registered association". (4) On non-legal associations within the meaning of the Law on Associations-Unification Act-of 21 February 1990, it shall take place from the date of the Application of the Act of Accession § 54 of the Civil Code Act. Unofficial table of contents

§ 3 Foundations

(1) The legal foundations existing in the territory referred to in Article 3 of the Agreement are continuing. (2) On foundations of private law, from the date of the date of accession, Articles 80 to 88 of the Civil Code shall be , Unofficial table of contents

§ 4 Liability of legal persons for their organs

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

§ 5 Things

(1) The components of a property shall not include buildings, premises, installations, plantings or facilities 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 land or land before the date of effect of the accession. Right of use according to § § 312 to 315 of the Civil Code of the German Democratic Republic is permissible. (2) The right of use in the property and the above-mentioned plants, plantings or facilities are considered to be the essential elements of the Building. Article 233 (4) (3) and (5) shall remain unaffected. (3) The property of the property shall be deleted in accordance with paragraphs 1 and 2 if, after 31 December 2000, the property is transferred to the property, unless the right of use or the self-employed property of the building is pursuant to Article 233 (2) (3) of the Basic Book of the Sold Land, or by the acquirer of the non-registered right. The owner of the building's property is entitled to a replacement of the value of the property which the property of the building had at the time of its extinguishing. Basic pledge rights on the property of the building are subject to the right of a pledge to the property. (4) Where, after 31 December 2000, the property is subject to a law in rem or acquired, the holder of the right shall be subject to the building as a component of the land. (5) If a building is constructed on several land, paragraphs 3 and 4 shall apply only in the sight of the land on which the vast majority of the building is situated. 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. Unofficial table of contents

§ 6 statute of limitations

(1) The provisions of the Civil Code on the statute of limitations shall apply to claims existing on the date of entry into force of the accession and not yet statuary. 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) The period of limitation under the Civil Code is shorter than that of the legislation which has so far been applied to the territory referred to in Article 3 of the Agreement, the shorter period shall be calculated from the date of the date of entry into force of the accession. However, if the period of time specified in the legislation hitherto 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 shall be 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. Unofficial table of contents

§ 7 certifications and certifications

(1) A notarial certification or certification before the date of entry into effect is not ineffective because the required certification or certification has been made by a notary who does not have the necessary certification in accordance with the provisions of Article 3 of the (2) Paragraph 1 shall not apply in so far as a final decision is contrary to the provisions of the Basic Law. (3) A contract by which the party concerned is responsible for the an effective legal transaction as referred to in paragraph 1 before the entry into force of the second The Law on Change of Property Law oblivied to other parties to provide further services or has waived rights, because it has asserted the invalidity of this transaction, is invalid in so far as the (4) A divestment pursuant to § § 17 to 19 of the Law on the formation and activity of private enterprises 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 Section 19 (5) sentence 2 of this Act, its entire content shall be valid if the company established is entered in the register. Unofficial table of contents

§ 8 Full-power surfers of state organs, misdesignation of municipalities

(1) One of the following in § § 2 and 3 of the German Democratic Republic of the Democratic Republic of Germany of 29 November 1966 (GBl. 49) and in § 1 of the German Democratic Republic of the German Democratic Republic 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 is replaced by the signing and sealing of the document. (2) Legal transactions and legal acts which the representative of a commune between 17 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 shall be borne in mind only if it is based on the fact that:
1.
the person acting for the former Council 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) occurred after another person following the municipal constitution of 17 May 1990 (GBl). 255) had been elected by the mayor or councilor of the Council of Representatives and had taken office,
2.
has been revoked or has been erraged by a legally granted power of attecity,
3.
the local authority has, within 2 months of being aware of the legal transaction concluded by a person who, at the time of the conclusion, was an employee of the administration, has declared to the buyer the person referred to in the individual case Do not want to comply with legal business, or
4.
the legal business was concluded by a person who was not or no longer employees of the local government.
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Section 9 Healing of Inefficient Capital Transfers

(1) Should the former wholly owned property or part of the formerly wholly owned property transferred to an operation of the municipal housing industry for the purpose of self-employment and management be transferred by way of conversion into accordance with the provisions of paragraph 2 of this Article No 2, or in connection with a setting up of a foundation on a new capital company, the transition has not become effective because a legal condition for such a transfer of capital , 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 as the holder of a right in a property or in such a right into the land register, may when entered in the commercial register. (2) For the purposes of the first sentence of paragraph 1, the following shall be added:
1.
Enterprises of the municipal housing industry:
a)
formerly owned enterprises Municipal Housing Administration,
b)
formerly a fully-owned enterprise building management or
c)
municipal or private enterprises resulting from such establishments;
2.
Conversion rules:
a)
The Regulation on the conversion of wholly-owned combined companies, establishments and institutions to capital companies of 1 March 1990 (GBl. I No 14, p. 107),
b)
the Trusteeship Act,
c)
the law on the conversion of fully-owned housing companies into non-profit housing associations and the transfer of land ownership to housing cooperatives of 22 July 1990 (GBl. 49 p. 901), or
d)
the Law of Conversion in the version of the Notice of 6 November 1969 (BGBl. I p. 2081).
(3) Such a communication may also alter the transfer of one of the undertakings referred to in the first sentence of paragraph 1 (1) formerly wholly owned assets. (4) A communication pursuant to paragraphs 1 and 3 shall be required by 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. (5) The capital companies referred to in paragraph 1 shall also be deemed to be authorized before the grant of the assignment, all the rights arising from the former fully-owned property that are transferred to them. , or from legal transactions relating to such assets, to the exclusion of termination and other rights of design in its own name and on its 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 as 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. Unofficial table of contents

Section 10 Transition of fully-owned receivables, fundamental rights and liabilities to credit institutions

(1) A wholly owned or cooperative credit institution which is the credit institution of such credit institution or the successor institution shall, at the latest with effect from 1 July 1990, creditors of the fully-owned receivedand the rights of fundamental rights which were or were administered by him on 30 June 1990 in his legal entity. These credit institutions shall, with effect from 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. The claims and fundamental rights of property, which are managed by the social security system, are Annex I, Chapter VIII, Section II, Section II, Section 3 (2) of the Agreement of 31 August 1990 (BGBl). 885, 1042) and the provisions of the Law on the Regulation of Social Security Property Issues in the Accession Area of 20 December 1991 (BGBl. I p. 2313). Claims for retransmission in accordance with the regulations on the assignment of public property rights and claims under the property law shall remain unaffected. (2) Any legal acts which a credit institution or another person entitled to in accordance with paragraph 1 may have in sight the claim, the fundamental right or the liability shall be considered to be legal acts of the person who is entitled to the claim, the basic right of care or the liability referred to in paragraph 1. (3) To prove who, in accordance with paragraph 1, the holder of a The right or creditor of a claim has become a requirement, and it is sufficient for in accordance with the procedure laid down in the Basic Regulations, a certificate issued by the Kreditanstalt für Wiederaufbau in accordance with the signature and the seal. 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 shall remain unaffected.

Art 232
Second book. Right of debt

Unofficial table of contents

§ 1 General provisions on debt

The law applicable to the territory referred to in Article 3 of the Agreement shall remain applicable to any obligation arising from the date of entry into force of the accession. Unofficial table of contents

§ 1a Admission Contracts

One 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). Unofficial table of contents

§ 2 Leases

Leases arising from contracts concluded before the date of entry into force of the accession shall be governed by the provisions of the Civil Code from that date. Unofficial table of contents

§ 3 Page contracts

(1) Pachtary relationships arising from contracts concluded before the effective date of accession shall be governed by Articles 581 to 597 of the Civil Code from that date. (2) § § 51 and 52 of the Agriculture Adaptation Act of 29 June 1990 (GBl. I n ° 42 p. 642) remain unaffected. Unofficial table of contents

§ 4 Use of ground surfaces for recreation

(1) Terms of use in accordance with Sections 312 to 315 of the Civil Code of the German Democratic Republic pursuant to contracts concluded before the effective date of accession shall continue to be governed by the above-mentioned provisions. of the Civil Code. Deviating regulations are reserved for a special law. (2) The Federal Government is authorized to enact provisions on the appropriate design of the usage fees by means of a regulation with the consent of the Federal Council. 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. In the legal regulation, provisions may be made concerning the determination of the local lease, the procedure for increasing the remuneration, and the termination in the event of an increase. (3) For conditions of use within small garden plants. The application of the Federal Small Gardening Act of 28 February 1983 (BGBl. (4) The provisions of paragraphs 1 to 3 shall also apply to contracts concluded before 1 January 1976, not to agricultural or forestry, have been left to the public for the purposes of non-industrial small-scale gardening, recreation and leisure activities. Unofficial table of contents

§ 4a Treaty-moratorium

(1) Contracts pursuant to § 4 may, even in so far as they relate to garages, be terminated or otherwise terminated by the user until the end of the 31 December 1994 only from the grounds specified in § 554 of the Civil Code. If the user does not share anything to the contrary, they shall extend until that date if they would end in advance of their content. (2) If the user does not have a contract in accordance with § 4 with the owner of the land concerned, he/she shall not be responsible for the contents of the contract. Due to § 18 or § 46 in conjunction with § 18 of the Law on Agricultural Production Cooperatives-LPG-Law-of 2 July 1982 (GBl. 443), in the version in force before 1 July 1990, with one of the cooperatives or bodies referred to therein, it shall, in accordance with the provisions of the Treaty and paragraph 1, also be the subject of the expiry of 31 December 1994. (3) The provisions of paragraphs 1 and 2 shall also apply where a contract has been concluded with a state body pursuant to § 4, even if the contract was not authorized to do so. However, this does not apply if the user is aware of the absence of such authorisation. (4) The provisions of paragraphs 1 and 2 shall also apply if a contract has been concluded with a state body in accordance with § 4 and if the contract is concluded with the contract. was not expressly in a foreign name but in its own name, although it was not a fully-owned property, but a property managed by it, unless the user was aware of it. (5) In the cases of paragraphs 2 to 4, is the contracting party of the user without prejudice to § 51 of the Agricultural Adjustment Act requires the withdrawal of the drawn charges to the owner of the land by deducting the costs associated with their achievement. Charges made in the period from 1 January 1992 until the entry into force of this provision shall be reversed by 20 per cent to the owner of the land; an additional compensation for drawn charges and expenses does not take place. 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 its achievement. The owner of the property may request the contracting party of the user to transfer the charges. (6) Paragraphs 1 to 5 shall also apply if the direct user contracts with an association of small gardeners and the same with one of the has concluded the main use contract there. 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. (7) The provisions of paragraphs 1 to 6 shall not apply if the costs of the transfer have been created and the costs of the transfer have to be borne by the owner. (7) Persons concerned after 2 October 1990 have agreed to or between them somewhat deviating from: , different legal judgments have been handed down. Unofficial table of contents

§ 5 Labour relations

(1) The provisions of the Civil Code shall apply, without prejudice to Article 230, to the provisions of the Civil Code on the date of the date of entry into force of the accession. (2) § 613a of the Civil Code shall be applied in accordance with Article 3 of the Civil Code. The unification treaty of 31 August 1990 (BGBl. 885), to be applied from the date of entry into force of this Act until 31 December 1998, subject to the following measures:
1.
Within the specified period, a transfer of works in the general enforcement procedure § 613a of the Civil Code shall not be applied.
2.
The second sentence of paragraph 4 shall be replaced by the following: '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.'
Unofficial table of contents

§ 6 Contracts for recurrent services

Maintenance and maintenance contracts and contracts for recurring personal services, which are in place on the date of accession, shall be governed by the provisions of the Civil Code from that date. Unofficial table of contents

§ 7 Account contracts and savings account contracts

The credit institution may, by means of a declaration to the account holder, determine that the provisions of the Civil Code, including the provisions of the Civil Code, shall be determined on the basis of an account contract or savings account contract on the date of the date of entry into force of the accession. the scope of this law to date of general use of general terms and conditions to be described in more detail in the present application. The account holder may terminate the contract within one month from the access of the declaration to the account holder. Unofficial table of contents

§ 8 Credit agreements

§ 609a of the Civil Code shall apply to credit agreements which have been concluded after 30 June 1990. Unofficial table of contents

§ 9 Bruchteilscommunities

The provisions of the Civil Code shall apply from that time to a Community, which is existing on the date of the date of entry into force of the accession. Unofficial table of contents

§ 10 Unauthorised acts

The provisions of § § 823 to 853 of the Civil Code shall apply only to acts committed on the day of the date of the entry into force of the accession or thereafter.

Art 233
Third book. Law

First section
General provisions

Unofficial 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 entry into force of the accession. Unofficial table of contents

§ 2 Content of the property

(1) The ownership of property existing on the date of entry into effect of the accession shall be applied to the provisions of the Civil Code from that date unless otherwise specified in the following provisions. (2) In the case of formerly It is presumably assumed that in the period from 15 March 1990 to the end of 2 October 1990, the national authority registered as the legal entity and the body responsible for carrying out its tasks on the receipt of the , and in the time of 3. From October 1990 to December 24, 1993, the entities designated in § 8 of the Law on Property Law, in the version in force since 25 December 1993, have been authorized to use the property. § 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. If you are a member of the local people's property, it is governed by the rules on the settlement of the national property. (3) If the owner of a property or his/her stay is not identified and there is a need to represent the owner of the property. , the county or county-free town in whose territory the property is located shall be appointed, 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. Unofficial table of contents

§ 2a Moratorium

(1) As to the possession of a land situated in the territory referred to in Article 3 of the agreement, the following shall apply without prejudice to existing rights of use and to more favourable agreements and regulations:
a)
Those who, by the end of 2 October 1990, have been building or cultivating the property with buildings or plants, pursuant to a final building permit or otherwise in accordance with the law, with the approval of public or social bodies. has started and, at the date of entry into force of this provision,
b)
Cooperatives and former fully-owned enterprises in the housing industry, to which before the 3. The building and the associated land and sub-areas shall be used for use as a result of a final building permit or otherwise provided in accordance with the legislation with the approval of public or social bodies, self-employed management and administration, and be used by these or their legal successor,
c)
Anyone who has signed an agreement with a residential building at the end of the contract, which until then has been under the state or fiduciary administration, has concluded a transfer contract, as well as those who have entered into the contract with the same house. common house status,
d)
who bought a building erected on a plot or applied for the purchase.
The right of the first sentence consists of a special law until the expiry of the 31 December 1994 until the legal conditions have been cleaned up; 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 para. 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 sentence 1 shall continue until such legal relationships have been purposefully cleaned up under that law. For the period from 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 inheritance interest payable pursuant to § 51 (1), second sentence, No. 1, § § 43, 45 of the Law on the Law of the Law of the Law, for which the property is subject to payment of the property rights. However, the period from 1 January 1995 shall be limited to the period from 1 January 1995 only if it is not able to require a fee as per For the period from 1 January 1995 to 31 March 1995, the property owner shall not be entitled to charge the fee in accordance with the fourth sentence if he is in a notarial conciliation procedure initiated up to 31 March 1995, in accordance with § § 87 to 102 of the The Law on the Law of Law or the Rules of the Rules of Procedure in accordance with the Eighth Section of the Agricultural Adjustment Act did not immediately enter into a negotiation on the grounds of a right or an exercise of rights. For the purpose of determining the remuneration, the land value and the residual value of a building that has been left over are decisive for 22 July 1992. The right to sentence 4 shall be statute-barred in two years from 8 November 2000. The property owner may require the user to pay a fee of 1 January 1995 up to the amount of the inheritance interest payable under the Law on the Law of the Law of Law, if a procedure for reordering the land under the Soil Protection Act is initiated. , it is requested to apply for a notarial conciliation procedure in accordance with § § 87 to 102 of the Law of the Law of the Law of the Law of the Law or a Rules Procedure procedure in accordance with the Eighth Section of the Agricultural Adaptation Act or in the proceedings for a Negotiation on the grounds of a right of rem or a transfer of rights has been admitted . Contractual or statutory provisions which give rise to a deviating 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 Section 20b, Section 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 I). 3230), the right under sentence 1 may be invoked solely by the Bundesanstalt für vereinigungsconditional SonderTasks or its legal successor. (2) The right to possession in accordance with paragraph 1 shall be exercised by a transfer or by a transfer or by a transfer of the right to a special assignment. a transfer of ownership or other disposal over the property shall not be affected. The right may be transferred; the transfer shall be effective in relation to the property owner only if it is indicated by the transferor. (3) During the period referred to in the first sentence of paragraph 8, replacement may be carried out for use in the form of drawn-out benefits, or requests made 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 (4) Until the date referred to in the second sentence of paragraph 1, there shall be no application of the transfer agreements without prejudice to Article 232 (1) of Section 78 of the Civil Code of the German Democratic Republic. (5) The Property Law, § 20b, para. 3 of the Party Law of 21 February 1990 (GBl. 66), as last amended by Article 1 of the Law of 19 December 2006 (BGBl I). (6) The rights of the person entitled under paragraph 1 of this paragraph 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 by the landowner if:
a)
the user
aa)
within the meaning of § § 20a and 20b of the German Democratic Republic's Party Law, a mass organisation, a party, an affiliated organisation or a legal person, and the trustee administration of the relevant party the asset has been terminated, or
bb)
is to be attributed to the field of commercial coordination, or
b)
the legal relationships of the user on the ground and ground in question are the subject of judicial proceedings against the user, or
c)
it is a former fully-owned property and its use was based on a legal entity on 2 October 1990, unless the user is an agricultural production cooperative, a former fully-owned company of the Housing industry, a workers ' housing cooperative or a non-profit housing cooperative or their respective legal successor.
In the cases of sentence 4 (a) and (c), § 1000 of the Civil Code shall not apply. The right to be held under this provision shall be terminated if an agreement is terminated by the user pursuant to sentences 2 and 3. (7) The above rules shall not apply to benefits for recreation, recreational activity or similar benefits. personal needs, including use within small garden facilities. A lease or lease is not to be regarded as a transfer contract. (8) For the period up to the end of July 21, 1992, the person entitled under paragraph 1 to the property owner as well as other persons entitled to the property shall be entitled to issue the contract for the period of 21 July 1992. Use shall not be required unless the parties concerned have made other agreements. If a sales contract referred to in the first sentence of paragraph 1 is ineffective or if the negotiations have failed at the conclusion of the contract of sale applied for, the user shall be informed of the invalidity of the contract or of the contract (9) For the period from 22 July 1992 to 30 September 2001, the property owner of the public body may be responsible for the disclosure of benefits. (9) land for the performance of their public duties, or in the case of dedication to the If the building or the facility is subject to maintenance, only a fee of 0.8 per annum shall be required from the hundred of the land 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 period from 1 January 1995, the claim shall be made in accordance with the first sentence of the date on which the property owner submits it in writing to the body; for the period from 22 July 1992 to 31 December 1994, the property owner shall be entitled to: on 31 March 2002. Deviating contractual agreements remain unaffected. Unofficial 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 facilities of workers ' housing cooperatives and non-profit housing cooperatives on former fully-owned land, in the cases of § 2a (1) sentence 1 Point (a) buildings and installations of agricultural production cooperatives, even where 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 also applies to the legal successor of the cooperatives referred to in the first sentence. (2) For the property of buildings which arises pursuant to paragraph 1 or in accordance with § 27 of the Law on Agricultural Production Cooperatives of 2 July 1982 (GBl. I n ° 25 p. 443), most recently by the Law on the amendment or repeal of laws of the German Democratic Republic of 28 June 1990 (GBl. I n ° 38, p. 483), a building land-book sheet shall be created at the request of the user. The application and management of the building land sheet shall be subject to the provisions applicable before the date of entry into force of accession, and shall be subject to later application. If the building property is not registered in accordance with Section 2c (1) as a load in the land register of the land concerned, this registration must be made before the building land book sheet has been placed on its own account. (3) The Federal Office for Central Services and Open Property Office (Bundesamt für zentrale Dienste und openly Vermögensfragen) is aware of whom it is. 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. (4) § 4 (1), 3 (1) to (3) and (6) shall apply accordingly. (5) If a building referred to in paragraph 1 has been transferred for security before the entry into force of this provision, the collateral provider shall be able to withdraw the retransmission by train against Request a land purchase order on the property of the building. Deposit rights ordered are to be transferred to property rights in the property of the building. (6) A transfer of the property of the agricultural production cooperatives to the end of July 21, 1992, pursuant to § 27 of the Law on Agricultural Production Cooperatives or in accordance with § 459 The first sentence of the first sentence of the Civil Code of the German Democratic Republic is not ineffectual because it does not comply with the provisions of the Civil Code applicable to the practice of land use. The legislative book has been made. 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. Unofficial table of contents

§ 2c Basic Book Registration

(1) Self-employed building property according to § 2b is to be entered in the land register on request (§ 13 para. 2 of the Land Registry Code) as a burden on the land concerned. If a building property book is not available for the building ownership, it will be applied on the basis of its own due to the registration in the land register. (2) In order to secure any claims arising from the Sachenrechtsberunification Act, a request by the user shall be made available. Note in the second section of the land register for the affected property if there is an ownership right in accordance with § 2a. In the cases referred to in Article 121 (1) and (2) of the Law on the Law of the Law, the registration of the endorsement may also be effected in relation to the person entitled to dispose of the goods with effect to the person entitled to the right of disposal, as long as the transfer procedure 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. § 885 of the Civil Code shall be applied accordingly. (3) The acquisition of self-employed 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 is only If the building property is also registered with the loaded property. Unofficial table of contents

§ 3 Content and rank of limited rights

(1) Rights with which a case or a right at the end of the day is charged before the date of entry into effect of the accession shall remain with the content and rank resulting from the previous law, unless the following provisions apply: is another result. Section 5 (2) sentence 2 and section 3 of the Law on the conferral of rights of use of 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 annulment of a law with which a property or a right is burdened on a property shall be governed by according to the previous regulations, if the right of entry into the land register was not required and is not registered. (3) The adaptation of the property independent of the property owner's property to the building and the right of use referred to in § 4 para. 2 to the Civil Code and its subsidiary laws and to the changed circumstances and the establishment of rights to secure the buildings referred to in § 2a shall be made in accordance with the provisions of the Law on 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. Unofficial table of contents

Section 4 Special provisions relating to rights of use and property ownership

(1) For the property of the building in accordance with Section 288 (4) or Section 292 (3) of the Civil Code of the German Democratic Republic, the effective date of accession shall apply to the provisions of the Civil Code relating to land of land. Exceptions to § § 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 basic book, shall be possible only if the underlying right of use of the building is also (2) A right of use in accordance with § § 287 to 294 of the Civil Code of the German Democratic Republic, which is not entered in the land register of the loaded land, shall be determined by the provisions of the Civil code not on the public faith of the basic book if a home or other building permissible under the right of use is wholly or partly established in the date of the public faith and the application for entry on which the acquisition is based before the 1. The report was adopted on 15 January 2001. In this 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 right of use for him is linked to 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 or she has acquired the property or other 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 leaves the inventory of the right of use untouched. 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. (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 compulsory increases ordered until the end of the 31 December 2000 remain a right of use of the property, which is justified in accordance with that right, shall exist in the auction of the property even if it is not taken into account in the determination of the lowest bid. (5) The user was unrepudiated in the sense of the right to use the property when acquiring the right of use. § 4 of the Property Law, the property owner can cancel the Require a right of use by a court decision. The right to sentence 1 shall be excluded if it has not become legally valid until 31 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) Articles 875 and 876 of the Civil Code shall apply to the cancellation of a right of use in accordance with Section 287 or Section 291 of the Civil Code of the German Democratic Republic. Application. 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 give up the right, if the declaration is filed with the land registry. With the cancellation of the right of use, the building ownership shall be cancelled in accordance with Section 288 (4) or § 292 (3) of the Civil Code of the German Democratic Republic; the building shall become part of the property. (7) The provisions of paragraphs 1 to 5 shall apply accordingly, where, under other legislation, a building property for which a building land sheet is to be created is in connection with a right of use on the land concerned. Unofficial table of contents

§ 5 Co-use rights

(1) Rights of use within the meaning of Section 321 (1) to (3) and Section 322 of the Civil Code of the German Democratic Republic shall be deemed to be the rights of the loaded property, in so far as their justification of the consent of the owner of this property is (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, if they are not registered in the land register, they shall retain their effectiveness in relation to the provisions of the Civil Code on the public faith of the basic book, provided that the application for entry on which the acquisition is based was submitted before 1 January 2001. However, the acquirer of the property or any other right in the land under load may, in this case, require the cancellation or amendment of the right of co-use against compensation of the assets resulting from the loss of property arising from the right to compensation for the property, where the right of co-use is associated with disadvantages which are considerably greater than the damage caused to the person concerned by the abolition or amendment of that right; this shall not apply if the person responsible for the repeal or amendment shall be entitled to of the right of co-use, the acquisition of property or other law the loaded property in the relevant date for the public faith of the basic book knew the existence of the right of co-use. In the forced auction of the land, the compulsory increases ordered until the end of December 31, 2000 must be based on the rights referred to in paragraph 1 of the Law on Forced Auction and the Law on Forced Auction and the Law on Forced Auction Compulsory administration in the adjusted version published in the Federal Law Gazette III, section 310-13, as last amended by Article 7 (24) of the Law of 17 December 1990 (BGBl. 2847). (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 is based on the rules applicable on the day before the date of entry into force of the accession. was not capable of being eligible. 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 the date of creation cannot be proved, the priority shall be given in respect of other rights if it is granted by the persons concerned. (4) By country law it can be determined that a right of co-use of the provisions of paragraph 1 is to be incorporated into the land register, which has been referred to since the third year of the year. October 1990 is or is most likely to comply with applicable law. 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. Unofficial table of contents

§ 6 Mortgages

(1) For the transfer of mortgage claims in accordance with the Civil Code of the German Democratic Republic, which exist on the date of the date of accession, the provisions of the Civil Code shall apply, which shall apply in the case of the transfer of Security mortgages shall be applied accordingly. 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 are not applicable in such mortgages. (2) The transfer of mortgages, basic debt and pension liabilities from the period before the entry into force of the Civil Code of the The German Democratic Republic and the other provisions relating to such rights shall be governed by the relevant provisions of the Civil Code. Unofficial table of contents

Section 7 Legal changes pending the date of accession of the accession

(1) The transfer of ownership of a property shall take place in accordance with the provisions of the Civil Code, in accordance with the legislation in force on the day before the date of entry into force of the accession, if the application for registration in the land register before the effective date of accession. 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 provisions of the Civil Code of the German Democratic Republic in force on 2 October 1990 are to be applied to the (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, provided that they are entered in the land register. , which is requested before the date of entry into force of the date of accession to the Land Registry has been made. § 3 (1) and (2) shall apply mutas to such a right. Where an application for registration of a right of the kind referred to in the first sentence 1 has been 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 subject to the provisions of , Unofficial table of contents

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

In so far as legal conditions and claims under the former § 459 of the Civil Code of the German Democratic Republic and the implementing provisions thereof are in place at the end of the day before the date of entry into effect, they shall remain shall be without prejudice to § 2 and to the provisions of the Law on the Law of the Purification of the Law. § § 2b and 2c are to be applied as far as building ownership exists. Unofficial table of contents

§ 9 Rank

(1) The ratio of the rights to land referred to in § 3 (1) shall be determined after the date of registration in the land register, unless otherwise indicated in the following. (2) For rights of land which are not the registration require and are not registered, the rank is 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 according to § 456 (3) of the Civil Code of the German Democratic Republic in conjunction with Section 3 of the Law amending and supplement to the Civil Code of the German Democratic Republic of 28 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 Law amending and supplementing the Civil Code of the German Democratic Republic of 28 June 1990 (GBl. I No 39 p. 524). These provisions shall apply in accordance with basic structural debt. Unofficial table of contents

Section 10 The power of representation of persons to be represented in old law

(1) If a right in rem in a property is to be found in a person's association, the members of which are not listed in the land register, the municipality in which the property is located is subject to any other statutory state law. Regulation Legal representative of the staff union and its members in the sight of the Community subject. If the land extends to different municipal districts, the district authority authority (§ 53 (4) of the Agricultural Adjustment Act) empowers one of the municipalities to represent the person's union. (2) Within the scope of the legal The congregation is empowered to represent the staff at the disposal of 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 accordance with 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. (3) The rights of the members of the staff union shall remain unaffected. (4) The authority of representation of the congregation shall end if it is informed by the the reordering authority is to be lifted and a copy of it 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) The provisions of paragraphs 1 to 4 shall apply by analogy if the land register contains the property without the indication of an owner as Public name.

Second section
Settlement of land reform

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§ 11 Principle

(1) The owner of a land plot, which is or was in the land register as a land from the land reform, is the owner of a confirmed handover-transfer-protocol or a decision on a change of ownership under the (First) Regulation on the implementation of the change of ownership of land reform land of 7 August 1975 (GBl. 629), as amended by the Second Regulation on the implementation of the change of ownership of land reform land of 7 January 1988 (GBl). 25) If, before the expiry of 2 October 1990, an unfinished request or a non-completed application for registration has been received by the Land Registry, the beneficiary shall be entitled to receive the registration. Land reform plots, which have been transferred to people's property, are under the Third Implementing Regulation on the Trust Law of 29 August 1990 (GBl. 1333), if a request or a request for registration as the property of the people has been received by the Land Registry before the expiry of 2 October 1990. (2) The property of a person other than the one referred to in paragraph 1 Land marked in the land register as a land of land reform shall be transferred with the entry into force of these provisions,
1.
if, at the end of 15 March 1990, a surviving natural person was registered as the owner, that person,
2.
if, at the end of 15 March 1990, a deceased natural person has been registered as the owner or the person referred to in paragraph 1 has died after 15 March 1990, the person who is his/her heir or a community from whom the person is responsible for the death of the person who has been left in the Inherit of the last owner registered in the land register.
Whereas the provisions of the fifteenth title of the second book of the Civil Code are to be applied to the Community, but the fractions shall be determined in accordance with the succession, unless the partners agree to a different distribution of the (3) The person entitled under § 12 may move from the person to whom the property has been transferred to a land under the land reform in accordance with paragraph 2, by train against the assumption of the liabilities in accordance with § 15 para. 1 sentence 2 of the require free release of the property. 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 request 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 (4) The requirements laid down in paragraph 3 of this Article shall apply to the provisions of the Civil Code on debt obligations. The owner referred to in paragraph 2 shall be deemed to be charged to the person entitled to the administration of the land until the date of the transfer of the property on the basis of a claim under paragraph 3. 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) The person referred to in the first sentence of paragraph 1 or the first sentence of paragraph 2 shall be at the relevant time Before the date of accession, the marriage shall be subject to the legal status of the property and property of the family code of the German Democratic Republic, so that the person and the spouse shall be equal Bruchtasing owners if the spouse experienced the 22 July 1992. The main
1.
in the cases referred to in the first sentence of paragraph 1, the date of confirmation of the transfer-transfer protocol or the decision;
2.
in the cases referred to in the first sentence of paragraph 2 (1) and (2), the end of 15 March 1990, and
3.
in the cases referred to in paragraph 2 (2), case 1, the death of the person registered as the owner.
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§ 12 Authorised

(1) In the cases referred to in Article 11 (2), first sentence, No. 1 and No. 2, case 2, the person entitled is in the following order:
1.
the person who has been formally assigned or handed over to the land or the land part under the land reform or land reform provisions of land reform, even if the change of ownership is not carried out in the the basic ledger has been registered,
2.
the person who has taken possession of the land or the part of the land on the initiative of a public authority or with the express approval thereof as an owner, has applied for the change of ownership and is capable of being allotted, provided that: the houses and the gardens that belong to them.
(2) In the cases referred to in Article 11 (2), first sentence, No. 2 Case 1, the person entitled is in the following order:
1.
in the case of buildings which are not essentially used for commercial purposes and which are still present at the end of the 15 March 1990, and the gardens belonging to it;
a)
the person who has been formally assigned or handed over to the land or land part of the land on which they are located under land reform or land-based land reform, even if the land reform is the change of ownership has not been entered in the land register,
b)
the person who has taken possession of the land or the part of the land on which they are situated, on the initiative of a public authority or with the express approval of that part of the land, has requested the change of ownership, and is allotted,
c)
the legacy of the owner, who was last registered in the land register on the basis of a decision in accordance with the provisions on land reform or the implementation of the transfer of property, who resided the house at the end of 15 March 1990,
d)
by way of derogation from the provisions of the Third Implementing Regulation on the Trust Act of 29 August 1990 (GBl. 1333), the treasury of the country in which the property is situated, if it was not used for residential purposes or for commercial purposes on 15 March 1990.
2.
in the case of land used for agriculture or forestry (blows)
a)
the person who has been formally assigned or handed over to the land or the land part under the land reform or land reform provisions of land reform, even if the change of ownership is not carried out in the the basic ledger has been registered,
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,
c)
by way of derogation from the provisions of the Third Implementing Regulation relating to the Trust Law of the Fiskus of the country in which the property is situated.
(3) eligible for allocation within the meaning of paragraphs 1 and 2 shall be those who, at the end of 15 March 1990, have been active in the agricultural, forestry or food industries in the territory referred to in Article 3 of the Agreement or who, before the end of 15 March 1990, have been active in the field of agriculture, forestry or food products. Article 3 of the Unification Treaty has been active in the agricultural, forestry or food industries for a total of at least 10 years and, following that activity, has not followed any other activity and one such activity (4) A number of persons referred to in paragraph 1 shall be required to: and 2 conditions, they shall be entitled to 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 is entitled to an equal share. (5) If claims under paragraphs 1 and 2 do not exist, the owner is obliged under § 11, a co-user to the extent of his/her Co-ownership of co-ownership. 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. Unofficial table of contents

§ 13 dispositions of the owner

It 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. Unofficial table of contents

Section 13a Preface for the benefit of the Treasury

At the request of the Treasury, the Land Registry shall be entitled to a pre-notice in order to secure its claim in accordance with Section 11 (3). The notice shall be deleted on its own initiative if the request is annulled by the competent administrative court. Unofficial table of contents

§ 14 statute of limitations

The claims pursuant to § § 11 and 16 shall be subject to the expiry of the 2nd October 2000. If a notice pursuant to § 13 is entered in the version in force until 24 July 1997 for a request for a request, the right of injunction shall be forfeited within 6 months from the registration of the notice. Unofficial table of contents

§ 15 liabilities

(1) The proprietor pursuant to section 11 (2) shall, upon the entry into force of these provisions, assume liabilities as far as they have been substantiated 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 take over the liabilities and obligations referred to in sentence 1. (2) The owner pursuant to § 11 para. 2 shall be entitled to the task of the property 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 of this Article. The declaration by the owner requires the consent of the congregation in which the property is situated, which it has to grant only if it is not known in accordance with § 12 of the law. (3) The right of appropriation is in the case of paragraph 2 in this the order of 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 of acquisition. The waiver shall be deemed to be deemed to have been 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. Unofficial table of contents

§ 16 Relationship with other provisions, transitional provisions

(1) The provisions of this Section are without prejudice to the provisions of the Property Law and other provisions according to which the annulment of State decisions or waiver of waiver or the retransmission of assets shall be required. The provisions of this Section, in particular Article 12 (2) (2) (c), do not affect the provisions of the Third Implementing Regulation on the Trust Act and the requirements of Article 21 (3) and (1) of Article 22 (1). Sentence 7 of the agreement. The final division of the assets according to § 12 (2) (2) (c) shall be decided by special federal law. (2) The legacy of the last, certified by a certificate of inheritance or by another public or publicly certified certificate. the registered owner of a land-reform property, which is marked as such in the land register, shall be entitled to take the right of injunctions which he/she has undertaken to take before the entry into force of this Section, if: the registration of the order is made or the registration of a A request for the security of this claim or the registration of this claim 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 mutaficily if the transferee is registered in the land register or if the acquisition is carried out by the person referred to in Article 11 (2), first sentence, no. 1. (3) A note concerning the limitations of the owner according to the Rules on land reform can be erased by officals.

Art 234
Fourth book. Family law

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§ 1 Principle

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

§ 2 Verlöbnis

The provisions relating to the infringement shall not apply to any infringement which has been concluded before the date of entry into force of the accession. Unofficial table of contents

§ 3 Effects of marriage in general

(1) Spouses who have concluded marriage before the date of entry into effect and who have not been able to make an election corresponding to the first sentence of Article 1355 (2) of the Civil Code in accordance with the law applicable at the time of the marriage shall be entitled to: At the end of one year after the date of accession, they declare that they wish to lead the birth name of the man or woman as a marriage name. 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, he shall:
1.
the added name shall be omitted if the spouses, as set out in the first sentence, declare that they wish to lead the spouse ' s birth name as an eshname;
2.
the spouse may, by the end of two years after the date of entry into force of the accession, declare that, instead of the added name, the spouse must now move forward his birth name. § 1355 (3) of the Civil Code does not apply to a spouse whose name has become the name of Ehename, which is currently the marriage of marriage.
(2) A name change referred to in the first sentence of paragraph 1 shall apply to the birth name of a descendant, who shall be the 14. The year of life is completed only if it follows the change in the name of his/her parents by means of an explanation. 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; 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 the public certification. They shall be sent to the standing officials responsible for their reception. The declarations can also be certified or certified by the civil servants. (4) In order to receive the declaration on the change of the marriage name, the registrar is responsible for the family book of the spouses; a family book will be provided. , the registry officer shall be responsible, who shall lead the marriage book. On the basis of the declaration, the registry officer shall enter into the personal standing book he is conducting. (5) In order to receive the declaration on the change in the name of the birth, the registry officer shall be responsible for the birth book; he shall take the place of birth. (6) If the spouses have closed the marriage outside the scope of this law and a family book is not kept, the registry officer of the Standesamts I in Berlin 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 shall apply 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, to carry out This Act requires the provision of administrative provisions relating to the detailed treatment of declarations and the duty of notification of the civil servants of the civil service. Unofficial table of contents

§ 4 Eheliches Güterrecht

(1) If the spouses have lived in the legal status of the property and financial community of the family code of the German Democratic Republic on the date of the date of entry into effect, the spouses shall be deemed to have lived in such a way that the spouses do not have any other (2) Each spouse may, unless a marriage contract has previously been concluded or the marriage has been divorced, until the end of two years. After the date of entry into force of the accession to the district court, it shall declare that the Before the existing legal status of goods should continue. § 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 (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 provisions of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction apply to the court proceedings. (4) In the cases referred to in paragraph 1, the following shall apply for the examination of the proceedings until the end of the period of the proceedings. (5) For spouses who have been divorced before the date of entry into the country of accession, the following shall remain for the benefit of the spouse of the applicant. the examination of the Community's property and assets and (6) For the assessment of the declaration referred to in paragraph 2 and the application for the register of goods and for the registration in the register of goods in the register of goods, the value of the business value is EUR 3 000. Unofficial table of contents

Section 4a Community ownership

(1) If the spouses have not made a declaration in accordance with the first sentence of Article 4 (2), the property of spouses shall be property of equal fractions of a Community property. 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 (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 rules governing the total good of a goods community managed by both spouses appropriate 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 be applied in accordance with § 4. (3) It is presumed to be rebuttable that the Community property of Spouse according to the Family Code of the German Democratic Republic Bruchteilseigentum is to be half the shares, unless other fractions are obtained from the land register or from the register of goods law reveals that a declaration in accordance with § 4 (2) and (3), or agreed upon by the Community. Unofficial table of contents

§ 5 maintenance of divorced spouse

The right to the maintenance of a spouse whose marriage has been divorced before the date of entry into effect of the accession shall remain the relevant law. Maintenance agreements shall remain unaffected. Unofficial table of contents

§ 6 Supply compensation

(1) For spouses who, prior to the fundamental entry into force of the insurance and pension provisions of the Sixth Book of the Social Code, statutory pension insurance, in the territory referred to in Article 3 of the agreement , the right of compensation shall not apply. 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 (2) paragraph 1 shall apply accordingly in relation to:
1.
the law governing the settlement of hardship in the supply balance of 21 February 1983 (BGBl. 105), as last amended by Article 24 of the Law of 9 December 2004 (BGBl I). 3242),
2.
the Barwert Regulation of 24 June 1977 (BGBl. 1014), as last amended by the Regulation of 26 May 2003 (BGBl I). 728),
as amended in each case. Unofficial table of contents

§ 7 Descent

(1) Decisions which have been taken before the date of accession and establish that the husband of 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 the recognition of paternity which has become effective after 31 March 1966 and before the date of entry into force of accession. (2) The time limits for claims by which a child's helicality or the recognition of paternity (3) Before the date of entry into force of the accession, the paternity shall be challenged or brought to an action before the date of entry into force of the accession. Determination of the ineffectiveness of a recognition of fatherhood and not of the claims before the date of entry into force of the accession, the period shall not be included in the time limit referred to in paragraph 2 until the date of entry into force of the date of entry into force of the date of entry into force of the date of entry into force of the date of entry into force of the accession (4) Decisions and declarations other than those referred to in paragraph 1 which, under the previous law, have the effect of a The recognition of paternity within the meaning of the second sentence of paragraph 1 shall be recognised as having same. Unofficial table of contents

§ § 8 and 9 (omitted)

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§ 10 Legal relationship between the parents and the child in general

The surname of a child born before the date of action of the accession shall be determined in the light of the eponymous consequences which have occurred until the date of entry into effect of the accession, in accordance with the law to date. Unofficial table of contents

§ 11 (omitted)

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§ 12 legitimation of non-helicher children

The period laid down in Article 1740e (1) sentence 1 of the Civil Code does not begin before the date of entry into force of the accession. Unofficial table of contents

§ 13 Adoption as a child

(1) § 1755 (1) sentence 2, § § 1756 and 1760 (2) (e), § 1762 (2) and § § 1767 to 1772 of the Civil Code do not apply for acceptance conditions which have been established before the date of entry into effect. § 1766 of the Civil Code does not apply if the marriage has been concluded before the date of entry into effect of the accession. (2) Before the date of accession, decisions of the Court of First Instance, by which an acceptance ratio has been annulled, shall be deemed to have been taken, remain unaffected. The same shall apply to decisions taken by a State institution which annuls an acceptance relationship and which has become effective before the date of entry into effect. (3) If the consent of the child or of a parent has been justified, it may therefore only be lifted if the consent has been required under the previous law. (4) Is an acceptance ratio before the date of entry into effect , and the consent of a parent was not based on the previous law required because
1.
this parent was unable to make a declaration for an unforeseeable period of time,
2.
this parent was deprived of the right of education, or
3.
the stay of this parent could not be determined,
the acceptance ratio may nevertheless be repealed at the request of this parent. § 1761 of the Civil Code applies accordingly. (5) If an acceptance relationship has been established before the date of accession, and if the consent of a parent has been replaced, paragraph 4 shall apply accordingly. (6) A request for waiver an acceptance relationship established before the date of entry into effect of accession may be made only up to the end of three years after the date of accession. In order to receive the application, each court of guardianship is competent. (7) The decision on the annulment of an acceptance relationship on the date of the date of accession has not yet been passed by a final decision on the action of a biological parent, 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. Unofficial table of contents

§ 14 Vormundschaft

(1) From the date of entry into effect, the provisions of the Civil Code shall apply to the existing guardianship and preliminary guardianship. (2) Previous orders of prevenants shall remain effective. If the spouses are jointly appointed to the forensiders 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 in the family code. (3) If the Youth Welfare Office or the State Secretariat itself carries out a guardianship, it shall be continued as an official guardianship (§ § 1791b, 1897, sentence 1 of the Civil Code). (4) The The provisions of the Civil Code on the application of coins shall not be applied until 1 January 1992. (5) For claims by the guardian of remuneration for the period up to the date of entry into force of the accession, and for reimbursement of expenses incurred in connection with the application of the provisions of the (6) § 11 (4) shall apply accordingly. Unofficial table of contents

§ 15 Pflegschaft

(1) On the date of entry into force of the accession, the existing pleas shall become the appropriate legal entities in accordance with the Civil Code. The circle of action corresponds to the circle of effect established to date. (2) § 14 (2) to (6) shall apply accordingly.

Species 235
Fifth book. Inheritance

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§ 1 Erbrechtliche ratios

In the case of the erratic conditions, the previous law remains decisive if the testator has died before the date of entry into effect of the accession. Unofficial table of contents

§ 2 dispositions of death due to

The establishment or termination of a disposition of death because of the effective date of accession shall be assessed in accordance with the law to date, even if the deceased dies after the date of accession. This also applies to the binding of the deceased to a Community testament, provided that the will has been established before the date of accession.

Species 236
Introduction Act-Private International Law

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§ 1 Completed operations

The current international private law shall remain applicable to operations completed before the date of entry into effect. Unofficial table of contents

§ 2 Effects of family law legal relationships

The effects of family law legal relationships are subject to the effect of accession to the provisions of the second chapter of the First Part. Unofficial table of contents

§ 3 Goods stand

The amicable effects of marriages concluded before the date of entry into force of accession shall be subject to this date to Article 15, taking into account the date of the 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 have been stranded until the expiry of two years after the date of entry into force of the accession.

Art 237
Protection of stocks, deadline for exclusion

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§ 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 Legislation, procedural principles and proper administrative practice, which were decisive for this at the time of the transfer of the public property (Section 4 (3) (a), Section 1 of the Property Law), would not have been effective in the country's own country can be transferred or if the possible transfer to folkloric property with of the rule of law was not necessarily incompatible. Measures which are seriously incompatible with the rule of law are measures which seriously infringe the principles of justice, legal certainty or proportionality or are presented in an individual case. (2) If the transfer into national property is ineffective in accordance with paragraph 1, the user of the land shall be entitled to the claims in Chapter 2 in conjunction with Section 2 of the Law of the Law of the Law of Law, if the person in question or the the following sentences are given for 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. It is sufficient, by way of derogation from § 8 of the Law of the Law of the Law of Law, if the building measure up to the date on which a claim for the publication of the land or for the authorization of the land rectification has become legally valid no later than the date of the July 24, 1997. (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. Unofficial table of contents

§ 2 exclusion period

(1) Anyone who is registered as the owner of a land or a building in the land register without having acquired the property shall acquire the property if the registration is made before the 3. Until the end of 30 September 1998, it has not been brought before the end of the 30 September 1998 by a legal action by the real owner or by a grant of the registered owner or by the registered owner or by the owner of the property. an application for the registration of an objection has been attacked by a court of court. Interim injunctions over the property remain unaffected. If the objection is deleted, the timely collection of the action is required. Reinstatement can be granted in accordance with § § 233 to 238 of the Code of Civil Procedure against the non-indebted default of the period. (2) Is in the land register or in the stock sheet (Section 113 (1) (5) of the basic book order) of a The property or building is registered as the property of the people, without the result of the fact that the public property has been created, the legal person of the public or of the public who is entitled under the rules on the settlement of the public property shall acquire the property. Private law the property if the registration before the 3. Until the end of 30 September 1998, it has not been brought before the end of the 30 September 1998 by a legal action by the real owner or by a grant of the registered owner or by the registered owner or by the owner of the property. A request for registration of an objection has been attacked by the authorities (Section 8 of the Law on Property Law) or by the inconscription of a court with a reasoned request. The action or the application for the remission of an injunction may also be directed against the authorized person if an assignment certificate has not yet been issued. (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 law on property and in accordance with Article 233 (11) to (3) of the Rules of the Law of the European Union 16 remain unaffected. Where, on 24 July 1997, a procedure is pending under the Law on Assets or, at that point in time, negotiations between the right of disposal and a previous owner of the land shall be negotiated, the provisions of paragraphs 1 to 3 shall enter into force. Effects only after the end of a month after the end of the procedure or the termination of the negotiations, but at the earliest on the first day of the negotiations. (5) The above paragraphs shall not apply if the persons concerned have agreed to a derogation before 24 July 1997, or if there have been differences in the judgments between them.

Seventh Part
Implementation of the Civil Code, Regulation authorisations, country opening clauses, information requirements

Species 238
Reiserechtliche Rules

(1) The Federal Ministry of Justice is authorized, in agreement with the Federal Ministry of Economics and Technology, by means of a legal regulation without the consent of the Federal Council,
1.
in so far as it is necessary, in order to protect the consumer when travelling, to lay down rules to ensure that:
a)
that the descriptions of travel do not contain misleading but clear and accurate information, and
b)
that the tour operator shall provide the consumer with the necessary information and
2.
insofar as it is necessary for the protection of the consumer against payments or travel without the required security, the contents and 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 determine what information must be included in a prospectus issued by the organiser and in the travel contract, as well as the information provided by the tour operator to the traveller (2) The customer money insurer (§ 651k para. 2 of the Civil Code) is obliged to inform the competent authority immediately of the termination of the customer money insurance contract.

Art 239
Country opening clause

The Länder may by law stipulate 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 Procedure in Family Matters and in the Matters of Voluntary Jurisdiction and in accordance with § 36 paragraph 2 sentence 1 of the International Erbrechtsproceedings Act of 29 June 2015 (BGBl. 1042) shall be delivered only in front of a notary.

Art 240
Information requirements for distance contracts

The Federal Ministry of Justice is authorized, in agreement with the Federal Ministry of Economics and Technology, by legal regulation without the consent of the Federal Council, in compliance with the mandatory data provided for in Directive 97 /7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts (OJ L 327, 30.4.1997, p. EC No 19) and Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 on the distance sales of consumer financial services and amending Council Directive 90 /619/EEC and Directives 97 /7/EC and Directives 97 /7/EC and 97 /7/EC 98 /27/EC EC No 16) should be laid down:
1.
the details of the contract, in particular to the person of the entrepre, to the service offered and to the general terms and conditions of sale, to consumers prior to the conclusion of a distance contract,
2.
what information is to be communicated in text form to consumers at which point in time; and
3.
which further information, in particular on revocation and dismissal rights, on customer service and on warranty conditions, should be communicated in text form to consumers after conclusion of the contract, and in what way they should be highlighted.

Art 241
Information requirements 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 a legal regulation without the consent of the Federal Council, in 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 certain legal aspects of information society services, in particular electronic commerce, in the internal market ("Directive on electronic commerce") Business ", OJ L 327, 28. EC No L 178 p. 1) specify the information to be provided to the customer on the technical details of the conclusion of the contract in electronic commerce, in particular on the correction of input errors, on access to the contract text and codes of conduct, and on the contract language prior to delivery of his order.

Species 242
Information requirements for part-time housing rights contracts, contracts for long-term holiday products, brokerage contracts and exchange system contracts

Unofficial table of contents

§ 1 Pre-contractual and contractual obligations

(1) As pre-contractual information in accordance with § 482 (1) of the Civil Code for the conclusion of a part-time housing contract, a contract for a long-term holiday product, a brokerage contract or a exchange system contract the information provided for in the Annexes to Directive 2008 /122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers with regard to certain aspects of timeshare contracts, long-term contracts Holiday products and resale and exchange contracts (OJ L 327, 30.4.2004, p. 10), in an easily accessible form, and
1.
the information provided for in Annex I to the Directive for a part-time housing contract;
2.
in the case of a long-term holiday product contract, the information provided for in Annex II to the Directive;
3.
the information provided for in Annex III to the Directive for a conciliation contract;
4.
the information provided for in Annex IV to the Directive for an exchange system contract.
2. The information in Parts 1 and 2 of the Annexes referred to in paragraph 1 (1) to (4) shall be made available in a form 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 revocation

A part-time residence contract, a contract for a long-term holiday product, a contract of mediation or an exchange system contract is 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 January 2009 on the protection of consumers with regard to certain aspects of timeshare contracts, long-term holiday products and resale and exchange contracts (OJ L 327, 30.4.2009, p. 10) in the language referred to in Article 483 (1) of the Civil Code, which provides a clear and comprehensible insertion of the relevant information on the right of withdrawal.

Species 243
Supply and disposal conditions

In agreement with the Federal Ministry of Justice, the Federal Ministry of Economics and Technology may, with the consent of the Federal Council, in agreement with the Federal Ministry of Justice, the General Conditions for the supply of water and district heating as well as the The management of waste water, including regulatory framework rules, should be balanced, taking due account of the mutual interests of both parties.
1.
lay down the provisions of the Treaties in a uniform manner,
2.
rules on the conclusion of the contract, the subject matter and the termination of the contracts, and
3.
specify the rights and obligations of the contracting parties.
The first sentence shall apply in accordance with conditions laid down in the public and legal form of supply and disposal, with the exception of the regulation of the administrative procedure.

Type 244
Disbursements in house construction

The Federal Ministry of Justice is authorized, in agreement with the Federal Ministry of Economics and Technology, to regulate, without the consent of the Federal Council, by means of a legal decree, also by way of derogation from Section 632a of the Civil Code, which payments may be required in the case of contracts for contracts relating to the establishment or conversion of a house or similar structure, in particular the number of deductises which may be provided for, which shall be Works with which percentages of the total construction total will be applied , the amount of the contract for a commitment to the procurement of property contained in the contract can be estimated and the security to be provided to the purchaser for this purpose.

Species 245
(dropped)

Species 246
Information requirements for the consumer contract

(1) In the event that such information does not arise from the circumstances, the trader is obliged, in accordance with Section 312a (2) of the Civil Code, to provide the consumer with the following information in a clear and detailed manner before the consumer is made to submit his contract. to be made available in a comprehensible manner:
1.
the essential characteristics of the goods or services in the extent appropriate to the data medium and to the goods or services;
2.
its identity, such as its trade name and the address of the place where it is established, and its telephone number,
3.
the total price of the goods and services, including all taxes and duties, or where the price cannot reasonably be calculated in advance on the basis of the nature of the goods or services, the nature of the goods and services, price calculation and, where appropriate, any additional freight, delivery or shipping costs, or where such costs cannot reasonably be calculated in advance, the fact that such additional costs may be incurred,
4.
where appropriate, the terms of payment, delivery and performance, the date on which the trader has undertaken to supply the goods or to provide the services, and the operator's procedure for dealing with complaints,
5.
the existence of a statutory defect of liability for the goods and, where applicable, the existence and the conditions of customer services and guarantees;
6.
where appropriate, the duration of the contract or the terms of the termination of contracts of unlimited duration or of contracts which are automatically renewed,
7.
where appropriate, the functioning of digital content, including any technical protection measures applicable to such content, and
8.
where applicable, limitations on interoperability and the compatibility of digital content with hardware and software where such restrictions are known to or have to be known to the trader.
(2) Paragraph 1 shall not apply to contracts which are the subject of day-to-day business and are immediately fulfilled at the time of the conclusion of the contract. (3) If the consumer is entitled to a right of withdrawal, the trader shall be obliged to supply the consumer with: To lecture text on 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.
an indication of the right of revocation,
2.
an indication that the revocation is made by means of a declaration to the trader and does not require any justification,
3.
the name and address-capable address of the person to whom the revocation is to be declared; and
4.
an indication of the duration and the beginning of the revocation period and the fact that the timely dispatch of the withdrawal declaration is sufficient for the period of time-to-time maintenance.

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

Unofficial table of contents

§ 1 Information requirements

(1) In accordance with Section 312d (1) of the Civil Code, the contractor is obliged to make the following information available to the consumer:
1.
the essential characteristics of the goods or services in the extent appropriate to the means of communication and to the goods and services;
2.
its identity, such as its trade name and the address of the place where it is established, its telephone number and, where appropriate, its fax number and e-mail address, and, where appropriate, the address and identity of the place where the person is located, The contractor on whose behalf he acts,
3.
in addition to the particulars referred to in point 2, the business address of the operator and, where appropriate, the address of the entreptier on whose behalf he is acting, to whom the consumer may contact each complaint if that address is received from the the address in point 2 is different;
4.
the total price of the goods or services, including all taxes and duties, or where, because of the nature of the goods or services, the price cannot reasonably be calculated in advance, the type of goods or services shall be: the price calculation 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 costs are additional costs may be incurred,
5.
in the case of an indefinite contract or of a subscription contract, the total price, which shall include the total cost per accounting period and, where fixed amounts are charged for such a contract, the total cost of the contract or subscription contract shall also be: the monthly total 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 means of distance communication used for the conclusion of the contract, provided that the consumer is charged with costs that exceed the costs of the mere use of the means of distance communication,
7.
the terms and conditions of payment, delivery and performance, the date by which the trader must deliver the goods or provide the service, and, where appropriate, the operator's procedure for dealing with complaints;
8.
the existence of a statutory defect of liability for the goods,
9.
where appropriate, the existence and conditions of customer service, customer services and guarantees,
10.
where appropriate, existing codes of conduct referred to in Article 2 (f) of Directive 2005 /29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-business practices in the internal market between Businesses and consumers 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 and Regulation (EC) No 2006/2004 of the European Parliament and of the Council 1. 22) and how copies thereof can be obtained,
11.
where appropriate, the duration of the contract or the terms of the termination of contracts of unlimited duration or of contracts which are automatically renewed,
12.
where appropriate, the minimum duration of the obligations which the consumer enters into the contract;
13.
where appropriate, the fact that the trader may require the consumer to provide a security deposit or other financial collateral, as well as the conditions of the deposit,
14.
where appropriate, the functioning of digital content, including any technical protection measures applicable to such content,
15.
where relevant, limitations on interoperability and the compatibility of digital content with hardware and software where such restrictions are known or need to be known to the trader; and where applicable,
16.
where appropriate, that the consumer may use an out-of-court complaint and redress procedure to which the trader is subject, and the conditions for access to that appeal.
If the contract is concluded within the framework of a publicly available auction, the information provided by the auctioneer may be made available to the consumer instead of the information provided for in the first sentence of 1 (2) and (3). Right of revocation in accordance with Section 312g (1) of the Civil Code, the entrepre shall be obliged to inform the consumer
1.
on the conditions, the time limits and the procedure for exercising the right of withdrawal in accordance with Section 355 (1) of the Civil Code and the model withdrawal form in Annex 2,
2.
where appropriate, that the consumer has to bear the costs of returning the goods in the event of withdrawal and, in the case of distance contracts, in addition to the cost of returning the goods if the goods are not due to their nature can be sent back on the normal mail path, and
3.
the consumer, in the case of a contract for the provision of services, or the supply of water, gas, electricity or the supply of water, gas, electricity or supply, which is not agreed in a given volume or in a specified quantity, District heating shall be subject to an appropriate amount in accordance with Article 357 (8) of the Civil Code for the benefit provided by the trader, if the consumer exercises the right of withdrawal after being expressly requested by the trader to do so by the operator has requested the commencement of the service before the expiry of the withdrawal period.
The trader may fulfil this duty of information by submitting the sample provided for in Appendix 1 to the right of withdrawal in text form. (3) The entrepre shall also inform the consumer if:
1.
the consumer is not entitled to a right of withdrawal in accordance with § 312g (2), first sentence, points 1, 2, 5 and 7 to 13 of the Civil Code, that the consumer cannot withdraw his declaration of intent; or
2.
the consumer's right of withdrawal pursuant to Article 312g (2) (1) (3), (4) and (6) and Article 356 (4) and (5) of the Civil Code may be extinguishing prematurely, on the circumstances in which the consumer has an initial right of revocation; loses.
Unofficial table of contents

§ 2 Facilitating information requirements for repair and maintenance work

(1) In the case of a contract for repair and maintenance operations concluded outside of premises where the mutual benefits are met immediately and the remuneration to be paid by the consumer, the consumer shall have 200 euro , the operator shall provide the consumer with merely the following information, expressly requesting the service of the entreprenter:
1.
the information referred to in Article 1 (1), first sentence, point 2, and
2.
the price or the nature of the price calculation together with a cost estimate of the total cost.
(2) Furthermore, the operator shall provide the consumer with the following information:
1.
the essential characteristics of the goods or services in the extent appropriate to the means of communication and to the goods or services;
2.
where appropriate, the conditions, time limits and procedures for the exercise of the right of withdrawal and the model withdrawal form in Annex 2, and
3.
where appropriate, information that the consumer is unable to withdraw his declaration of intent or the circumstances in which the consumer loses prematurely an initial right of withdrawal.
(3) A copy or confirmation of the contract according to § 312f (1) of the Civil Code, made available by the entreprenter, must contain all the information to be provided in accordance with § 1. Unofficial table of contents

§ 3 Facilitated information requirements with limited presentation options

Where a distance contract is to be concluded by means of a means of distance communication which only offers limited space or limited time for the information to be provided to the consumer, the operator shall be obliged to provide the consumer with the means of: At least the following information shall be made available to this distance communication:
1.
the essential characteristics of the goods or services,
2.
the identity of the entrepre;
3.
the total price, or in the 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,
4.
where appropriate, the existence of a right of withdrawal and
5.
where appropriate, the duration of the contract and the terms and conditions for the termination 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). Unofficial table of contents

§ 4 Formal requirements for the fulfilment of the information requirements

(1) The trader must provide the consumer with the information in accordance with § § 1 to 3 before submitting his contract of contract in a clear and comprehensible manner. (2) In the case of a contract concluded outside of business premises, the 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 trader may provide the information in accordance with § 2 (2) in a different form if the consumer has expressly agreed to it. (3) In the case of a distance contract, the trader must inform the consumer of the Provide information in a way that is adapted to the remote communication means used. Where the information is made available on a durable medium, it must be readable and the person of the declaring entrepre must be named. By way of derogation from the first sentence, the trader may make the information referred to in the second sentence of paragraph 3 accessible to the consumer in an appropriate manner.

Art 246b
Information requirements on non-business contracts and distance contracts relating to financial services

Unofficial table of contents

§ 1 Information requirements

(1) In accordance with Article 312d (2) of the Civil Code, the entrepre is obliged to make clear and comprehensible to the consumer in good time before the delivery of his contract of contract, stating the business purpose, in the case of distance contracts in a Means adapted to the remote communication means used to provide the following information:
1.
its identity, the public business register in which the legal entity is registered, and the corresponding register number or equivalent identifier,
2.
the main business activity of the entreprent and the supervisory authority responsible for its authorisation,
3.
the identity of the representative of the trader in the Member State in which the consumer is domicated, if there is one such representative, or the identity of another person acting on a commercial basis than the supplier, if the consumer is of that person business, and the property in which that person is acting in relation to the consumer,
4.
the address-capable address of the trader and any other address relevant to the business relationship between that person, his representative or any other commercially active person, as referred to in point 3 and the consumer, in the case of legal persons, persons ' associations or groups of persons also the name of the person entitled to represent the representative,
5.
the essential characteristics of the financial service and information on the way in which the contract is concluded,
6.
the total price of the financial service, including all related price components, and all taxes paid on the trader or, if no precise price can be specified, its calculation basis, which shall be the basis for the consumer verification of the price,
7.
where appropriate, additional costs incurred and an indication of any other taxes or costs which may not be paid or charged by the trader,
8.
where appropriate, the indication that the financial service relates to financial instruments which, owing to their specific characteristics or the operations to be carried out, are subject to specific risks or whose price fluctuations in the financial market where the trader has no influence, and that income generated in the past is not an indicator of future yields,
9.
a period of validity of the period of validity of the information provided, such as the period of validity of temporary tenders, in particular as regards the price,
10.
details of payment and compliance;
11.
any specific additional costs to be borne by the consumer for the use of the means of distance communication, where such additional costs are charged by the trader,
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 to whom the revocation is to be declared, and the legal consequences of the withdrawal, including information on the amount to be paid by the consumer in the event of withdrawal pursuant to Section 357a of the Civil Code for the performance of the service,
13.
the minimum duration of the contract, if the contract has a permanent or periodic performance;
14.
the contractual terms and conditions, including any contractual penalties,
15.
the Member States of the European Union, whose right of entrepreneurs to take up relations with the consumer before the conclusion of the Treaty is based,
16.
a contractual clause relating to the law applicable to the contract or to the competent court;
17.
the languages in which the terms and conditions of the contract and the prior information referred to in this provision are communicated, and the languages in which the trader undertakes, with the consent of the consumer, to communicate during the the duration of this Treaty,
18.
where appropriate, that the consumer may use an out-of-court complaint and redress procedure to which the trader is subject, and of the conditions of access and the conditions of access,
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 May 1994 on Deposit Guarantee Schemes (OJ L 139, 30.4.1994, p. 5), Directive 97 /9/EC of the European Parliament and of the Council of 3 March 1997 on investor-compensation schemes (OJ L 145, 31.5.1997, p. OJ L 84, 26.3.1997, 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 its connection to the trader;
2.
the description of the main characteristics of the financial service;
3.
the total price paid by the consumer to the trader 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, which allows the consumer to check the price,
4.
possible further taxes and costs which are not paid or charged by the trader; and
5.
the existence or non-existence of a right of withdrawal and, in the event of a right of withdrawal, the period of revocation and the conditions, details of the exercise and the legal consequences of the withdrawal, including information on the Amount to be paid by the consumer in the event of withdrawal in accordance with Section 357a of the Civil Code for the performance of the service.
The first sentence shall apply only if the trader has informed the consumer that further information can be provided on request and of the nature of that information, and that the consumer is expressly informed of the transmission of the further information. Information has not been provided before the contract has been issued. Unofficial table of contents

§ 2 Further information requirements

(1) The trader shall inform the consumer of the following information on a durable medium in good time before submitting his contract of contract:
1.
the terms of the contract, including the General Terms and Conditions
2.
the information referred to in Article 1 (1).
If, at the consumer's request, the contract is concluded 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 have the following: (2) The consumer may, at any time during the term of the contract, require the consumer to comply with the terms and conditions of the contract. including the general terms and conditions in paper form (3) In order to comply with its obligation to provide information as referred to in 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 for: Submit the revocation information in the form of a text in the case of financial service contracts.

Type 246c
Information requirements for contracts in electronic commerce

In the case of contracts in electronic commerce, the entrepre must inform the customer
1.
on the individual technical steps leading to a conclusion of the contract,
2.
whether the contract text is stored by the contractor after the conclusion of the contract and whether it is accessible to the customer,
3.
on how to identify and correct input errors before the declaration of the contract is made with the technical means made available in accordance with Section 312i (1), first sentence, point 1 of the Civil Code,
4.
on the languages available for the conclusion of the contract, and
5.
on all relevant codes of conduct to which the trader is subject, and on the possibility of electronic access to these rules.

Art 247
Information requirements in respect of consumer loan contracts, financial assistance and loan contracts

Unofficial table of contents

§ 1 Form and date of pre-contractual information

The information in accordance with § 491a (1) of the Civil Code must be made in good time before the conclusion of a consumer loan agreement in text form and must contain the details arising from § § 3 to 5 and 8 to 13. Unofficial table of contents

§ 2 Patterns

(1) The information shall be provided using the European standard information for consumer credit in accordance with the model in Appendix 4, if not a contract in accordance with Section 495 (2) (1), § 503 or § 504 (2) of the Civil Code (2) If a contract of the kind referred to in Article 495 (2) (1) or (504) (2) of the Civil Code is to be concluded, the lender may, for information purposes, inform the European Consumer Credit Information in accordance with the model in Appendix 5. 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 must make and highlight all the information required in accordance with § § 3 to 5 and 8 to 13 in the notification. (3) The obligation to inform in accordance with § 491a (1) of the 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 also apply until 31 December 2010 when the model is forwarded in annexes 4 and 5, as amended by the Law on the Implementation of the Consumer Credit Directive, the Civil Law Section of the The Payment Services Directive as well as the reorganisation of the provisions on the right of revocation and the right of return of 29 July 2009 (BGBl. 2355). Unofficial table of contents

§ 3 Content of pre-contractual information

(1) The information prior to the conclusion of the contract shall contain the following information:
1.
the name and address of the lender,
2.
the nature of the loan,
3.
the effective annual rate,
4.
the net loan amount,
5.
the nominal interest rate,
6.
the duration of the contract;
7.
the amount, number and maturity of the individual instalments;
8.
the total amount,
9.
the terms and conditions of payment;
10.
all other costs, in particular in connection with the payment or use of a payment authentication instrument, which may be used both for payment transactions and for withdrawals, and for the conditions under which the costs can be adjusted,
11.
the default rate of interest and the manner in which it may be adapted and, where appropriate, the costs of delay,
12.
a warning about the consequences of remaining payments;
13.
the existence or non-existence of a right of withdrawal;
14.
the right of the borrower to repay the loan prematurely,
15.
the rights arising from Section 491a (2) of the Civil Code;
16.
the rights arising from § 29 (7) of the Federal Data Protection Act.
(2) Total amount is the sum of net loan amount and total cost. 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 prices. (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. (4) The indication of the nominal interest rate must be based on the conditions and the period of time for its application, as well as the manner in which it is to be used. Customization included. 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. Unofficial table of contents

§ 4 Further information on pre-contractual information

(1) The information shall contain the following information to the extent that they are significant for the conclusion of the contract:
1.
an indication that, as a result of the conclusion of the contract, the borrower has to bear emergency costs,
2.
the collateral required by the lender,
3.
the right to compensation for benefits and its method of calculation, to the extent that the lender makes use of that claim if the borrower repays the loan prematurely,
4.
where appropriate, the period of time for which the lender is bound by the information provided.
(2) Further information provided by the lender must be given in a spatially separate way from the information referred to in paragraph 1 and in accordance with § § 3 and 8 to 13. Unofficial table of contents

§ 5 Information on special means of communication

If the borrower elects for the contract initiation of communication means which do not permit the transmission of the above information in the form provided for in § § 1 and 2, the complete information according to § 1 shall be collected immediately. In the case of telephone calls, the description of the essential features referred to in Article 246b (1) (1) (5) shall contain at least the information provided for in Article 3 (1) (3) to (9), (3) and (4). Unofficial table of contents

Section 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 Article 3 (1) (1) to (14) and (4);
2.
the name and address of the borrower;
3.
the supervisory authority responsible for the lenders;
4.
an indication of the borrower's claim to a repayment plan in accordance with Section 492 (3) sentence 2 of the Civil Code,
5.
the procedure to be followed in the dismissal of the contract,
6.
all other contractual terms and conditions.
(2) If there is a right of withdrawal in accordance with § 495 of the Civil Code, the contract must contain information about the time limit and other circumstances for the declaration of the withdrawal, as well as an indication of the obligation of the borrower, an already to repay the paid loan and pay interest. The amount of the 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 corresponding 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 contracts and amending the provisions of the law of the loan exchange law of 24 July 2010 (BGBl. 977). The lenders may, in accordance with the provisions of the third sentence, be in the format and size of the borrower in each case. (3) The total amount and the annual percentage rate of charge shall be indicated by stating the assumptions made at the time of the conclusion of the loan. of the Treaty and which are included in the calculation of the annual percentage rate of charge. Unofficial table of contents

§ 7 Further information in the contract

The consumer loan contract must contain the following information clearly and comprehensibly as far as they are significant for the contract:
1.
an indication that the borrower has to bear emergency costs,
2.
the collateral and insurance required by the lender, in the case of financial aid being paid in particular, in particular a retention of title;
3.
the method of calculation of the right to compensation for benefits in so far as the lender intends to make use of that claim if the borrower repays the loan prematurely,
4.
the access of the borrower to an out-of-court complaint and redress procedure and, where appropriate, the conditions for such access.
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§ 8 Contracts with additional services

(1) In order to conclude a consumer loan agreement, the lender shall require the borrower to accept additional services provided by the lender or to conclude a further contract, in particular an insurance contract or Account management contract, the lender has to disclose this together with the pre-contractual information. In the pre-contractual information and in the contract, account management fees and the conditions under which they may be adjusted shall be indicated. (2) The payments made by the borrower shall not be subject to the direct lending style, the periods and conditions for the payment of the nominal interest rates and the recurring and non-recurring costs associated with them shall be drawn up in the contract of consumer loans. 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 agreement 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. Unofficial table of contents

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

(1) In the case of contracts in accordance with § 503 of the Civil Code, the information in the pre-contractual information and in the consumer loan agreement is, by way of derogation 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 in accordance with § 8. 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 para. 2. (2) The number of instalments is not to be disclosed if the term of the loan agreement depends on the date of the allocation of a construction savings contract. Unofficial table of contents

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

(1) By way of derogation from § § 3, 4 and 6 of the Civil Code, in the case of overdraft possibilities within the meaning of Section 504 (2) of the Civil Code, only the following shall be stated:
1.
in the pre-contractual information
a)
the information referred to in Article 3 (1) (1) to (6), (10), (11) and (16), (3) and (4) and, where applicable, in accordance with § 4 (
b)
the conditions for termination of the loan; and
c)
the fact that the borrower may be required at any time to repay the total amount of the loan if a corresponding right of dismissal is to be agreed upon for the lender;
2.
in the Treaty
a)
the information referred to in section 6 (1) (1) in conjunction with § 3 (1) (1) to (6), (9) and (10), (4),
b)
the information referred to in Article 6 (1) (2) and (5),
c)
the total cost and
d)
where appropriate, the reference to point 1 (c).
(2) In the cases referred to in § 5, the description of the essential characteristics referred to in Article 246b (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) effective annual interest rate is no longer required if the lender does not charge any additional costs in addition to the nominal interest rates and the nominal interest rate is not due in shorter periods of time than three months. Unofficial table of contents

Section 11 Differing notification obligations in the case of debt rescheduling pursuant to § 495 (2) (1) of the Civil Code

(1) In the case of debt rescheduling pursuant to Section 495 (2) (1) of the Civil Code, by way of derogation from § § 3, 4 and 6, only the following shall be stated:
1.
in the pre-contractual information
a)
the information provided for in Article 3 (1) (1) to (7), (10), (11), (14) and (16), (3)
b)
the information referred to in section 4 (1) (3),
c)
the information referred to in Article 10 (1) (1) (b) and
d)
where applicable, the information given in section 4 (1) (4);
2.
in the Treaty
a)
the information referred to in section 6 (1) (1) in conjunction with § 3 (1) (1) to (9), (11) and (14), (3) and (4) and
b)
the information referred to in § 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 (1) (5) shall contain at least the information in accordance with § 3 (1) no. 3 to 6, 10 as well as paragraphs 3 and 4. (3) If a consumer loan agreement is defined in accordance with § 495 Paragraph 2 (1) of the Civil Code, as an opportunity to overdraw within the meaning of Section 504 (2) sentence 1 of the Civil Code, applies to § 10. Paragraphs 1 and 2 shall not apply. Unofficial table of contents

§ 12 Related contracts and financial support

(1) The provisions of Sections 1 to 11 shall apply in accordance with the contracts referred to in Article 506 (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 Article 360 (2) sentence 2 of the Civil Code, must include:
1.
the pre-contractual information, including in the cases of § 5, the subject matter and the cash price,
2.
the Treaty
a)
the subject matter and the cash price, and
b)
Information on the rights arising from § § 358 and 359 or Section 360 of the Civil Code and on the conditions governing the exercise of these rights.
If the contract of consumer loan contains a contractual clause in a highlighted and clearly designed form which corresponds to the model in Appendix 7, it is sufficient for the contracts to be applied and for transactions pursuant to Section 360 (2) sentence 2 of the Civil The legislative book sets out the requirements set out in point 2 (b) of the second sentence. This shall also apply until the end of 4 November 2011, with the appropriate use of this model, as amended by the Law on the Introduction of Sample Revocation Information for Consumer Loan Contracts, amending the rules on the Right of revocation of consumer loan contracts and the amendment of the loan exchange law 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 deviate from the model in accordance with the third sentence in format and font size. (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) of the Civil Code (German) Deprivately. 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. Unofficial table of contents

§ 13 Loan intermediary

(1) If a loan intermediary is involved in the initiation or conclusion of a consumer loan agreement or a contract for a paid financial assistance, the indication in accordance with section 3 (1) (1) and the content of the contract shall be specified in accordance with Article 6 (1) (b) of the Treaty. (2) If the loan agreement is concluded with a consumer within the meaning of Section 655a of the Civil Code, the loan intermediary shall have the following: Consumers in good time before the conclusion of the loan contract on a to teach permanent media
1.
the level of remuneration requested by the consumer,
2.
the fact that he receives a remuneration for the mediation of a third party and, if appropriate, the amount thereof,
3.
the extent of its powers, in particular whether it is acting exclusively for one or more specific lenders or independently, and
4.
where appropriate, any additional charges required by the consumer and the amount thereof, to the extent that such charges are known at the time of notification, otherwise a maximum amount.
If the loan agreement is concluded exclusively with a third party within the meaning of section 655a of the Civil Code, the loan intermediary shall have the consumer in good time before the conclusion of an brokered contract within the meaning of paragraph (3) The creditor shall inform the lender of the amount of the remuneration he has requested prior to the acceptance of the contract. Intermediaries and lenders shall have to ensure that the other party receives a copy of the contract as referred to in paragraph 1. (4) The loan intermediary shall apply to a consumer for the conclusion of a contract. In the case of a consumer loan contract or a contract for a financial assistance, it shall include the information referred to in the first sentence of paragraph 2 of this Article. Unofficial table of contents

§ 14 Tilgplan

(1) In accordance with Article 492 (3) sentence 2 of the Civil Code, the borrower shall require a repayment plan, which shall be the result of which payments are to be made at which time intervals and which conditions apply to such 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) If the rate of interest is not tied up or can be adjusted to the other costs shall be indicated in the repayment plan in a clear and comprehensible manner that the data of the repayment plan shall apply only until the next adjustment of the nominal interest rate or the other costs. (3) The repayment plan shall be the borrower on a to make permanent volumes available. The claim shall not be issued as long as the contractual relationship exists. Unofficial table of contents

§ 15 Subdirections in the case of interest rate adjustments

(1) An interest-rate adjustment in a consumer loan agreement or a contract for the payment of a financial assistance shall not take effect until the lender has received the borrower from the loan
1.
the adjusted target interest rate,
2.
the adjusted amount of the partial payments and
3.
the number and the maturity of the instalments, provided that they change,
(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 adjustment of the interest rate. 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. Unofficial table of contents

Section 16 Information on overdraft

The information in accordance with Section 504 (1) sentence 1 of the Civil Code must contain the following information:
1.
the exact period of time to which it relates,
2.
the date and amount of the amounts paid to the borrower;
3.
Balance and date of prior notification,
4.
the new balance,
5.
the date and amount of the borrower's repayments,
6.
the target interest rate applied,
7.
the costs collected and
8.
the minimum amount to be repaid.
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Section 17 Data on patient constrictions

(1) The information in accordance with Section 505 (1) of the Civil Code must contain the following information:
1.
the nominal interest rate, the conditions for its application and, where available, indices or reference rates of interest to which the nominal interest rate relates,
2.
all costs incurred as of the date of the overdraft and the conditions under which the costs may be adjusted.
(2) The information in accordance with Section 505 (2) of the Civil Code must contain the following information:
1.
the existence of an overdraft,
2.
the amount of the contraction,
3.
the nominal interest rate and
4.
any contractual penalties, costs and interest on arrears.

Art 248
Information requirements for the provision of payment services

Section 1
General provisions

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§ 1 Concurriating information requirements

If the payment service contract is at the same time a distance contract or a contract concluded outside of business premises, the information obligations under Article 246b § 1 (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) to (12), (15) and (19) and in the case of contracts outside of business premises. Unofficial table of contents

§ 2 General Form

The information and terms and conditions of the contract shall be in one of the official languages of the Member State of the European Union or of the State Party to the Agreement on the European Economic Area in which the payment service is offered, or in another to make clear and comprehensible language between the parties.

Section 2
Payment service contracts

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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 inform the payment service user of the information and contractual terms and conditions referred to in § § 4 to 9 on a durable medium. Unofficial table of contents

§ 4 Pre-contractual information

(1) The following pre-contractual information and contractual terms and conditions must be communicated in good time before the payment service user's declaration of contract is submitted:
1.
to payment service providers
a)
the name, the address-capable address of its head office and, where appropriate, its agent or branch in the Member State in which the payment service is offered, as well as all other addresses, including e-mail addresses, which are of concern to communicate with the payment service provider; and
b)
the supervisory authorities responsible for the payment service provider and the register held by the Bundesanstalt für Finanzdienstleistungsaufsicht (Bundesanstalt für Finanzdienstleistungsaufsicht) or any other relevant public register into which the payment service provider is registered as authorised and its register number or an equivalent identifier used in that register,
2.
on the use of 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 the revocation of a payment order in accordance with § § 675j and 675p of the Civil Code,
d)
the date from which a payment order has been deemed to have been received in accordance with section 675n (1) of the Civil Code and, where applicable, the date fixed by the payment service provider in accordance with Article 675n (1) sentence 3,
e)
the maximum execution period for the payment services to be provided; and
f)
an indication as to whether there is a possibility of agreeing the limits on the use of a payment authentication instrument in accordance with Section 675k (1) of the Civil Code,
3.
on charges, interest and exchange rates
a)
any charges payable by the payment service user to the payment service provider and, where appropriate, the breakdown thereof,
b)
where appropriate, the underlying interest rates and exchange rates, or, where reference rates and exchange rates are applied, the method of calculation of the actual interest rates and the relevant date and index or the basis for the the determination of the reference interest rate or exchange rate, and
c)
as far as agreed, the immediate effect of changes in the reference interest rate or exchange rate in accordance with Section 675g (3) of the Civil Code,
4.
on communication
a)
the means of communication, provided that it is agreed between the parties for the transmission of information and disclosure requirements, including their requirements for the 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 is to be carried out for the duration of the contractual relationship, and
d)
an indication of the right of the payment service user in accordance with § 5 to obtain information and contract terms in a document,
5.
on the protection and remedial measures
a)
where appropriate, a description of how the payment service user securely stores a payment authentication instrument and how he complies with his obligation to notify the payment service provider in accordance with the second sentence of Section 675l of the Civil Code,
b)
where agreed, the terms and conditions under which the payment service provider reserves the right to block a payment authentication instrument in accordance with section 675k (2) of the Civil Code,
c)
information on the liability of the payer in accordance with Section 675v of the Civil Code, including information on the maximum amount,
d)
Information on how and within which time limit the payment service user has to display non-authorized or incorrectly executed payment transactions in accordance with § 676b of the Civil Code, as well as information on the liability the payment service provider in the event of non-authorised payment transactions in accordance with § 675u of the Civil Code,
e)
Information on the liability of the payment service provider in the execution of payment transactions in accordance with § 675y of the Civil Code and
f)
the conditions for refunds in accordance with § 675x of the Civil Code,
6.
on changes to the conditions and termination of the payment service contract
a)
where agreed, the indication that the agreement of the payment service user shall be deemed to have been amended in accordance with Section 675g of the Civil Code if it does not show the payment service provider its rejection before the date of to which the amended conditions are to enter into force,
b)
the duration of the contract and
c)
an indication of the right of the payment service user to terminate the contract, as well as other agreements relevant to termination in accordance with Section 675g (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 procedure in accordance with Section 28 of the Payment Services Supervisory Act and to the out-of-court redress procedure in accordance with § 14 of the Law on the Law of the Subjunctive Act (Subjunctive Act).
(2) If the payment service provider contract is concluded, at the request of the payment service user, using a distance communication means, the payment service provider shall inform the payment service provider of the information provided for in paragraph 1; and The payment service provider shall inform the payment service user thereof immediately after the conclusion of the contract in the form provided for in § § 2 and 3. (3) The obligations according to the following conditions are not permitted on a durable medium. Paragraph 1 may also be fulfilled by sending a copy of the draft Treaty , which shall contain the information and the terms and conditions of the contract required under paragraph 1. Unofficial table of contents

§ 5 Access to contractual conditions and pre-contractual information during the contract period

During the contract period, 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. Unofficial table of contents

§ 6 Information prior to execution of individual payment transactions

Prior to the execution of a single payment transaction initiated by the payer, the payment service provider shall, at the request of the payer, notify the maximum execution period for this payment transaction and the charges to be charged and, where applicable, the payment of the payment transaction. the breakdown thereof. Unofficial table of contents

§ 7 Information to the payer in the case of individual payment transactions

After exposure of the payer's account to 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 of the payment transaction. the following information:
1.
an identifier associated with the payment transaction, which allows the payer to identify the payment transaction in question and, where appropriate, information on the payee,
2.
the payment amount in the currency in which the payer's payment account is debited, 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 interest payable by the payer,
4.
where appropriate, the exchange rate used by the payment service provider of the payer to the payment transaction and the amount which is the subject of the payment transaction after this currency conversion; 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 in the case of individual payment transactions

Once a single payment transaction has been carried out, the payee's payment service provider shall immediately inform the payee of the following information:
1.
an identifier associated with the payment transaction enabling the payee to identify the payment transaction concerned and, where appropriate, the payer, as well as further information communicated 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 appropriate, the amount of the fees to be paid for the payment transaction and the breakdown thereof or the interest payable by the payee,
4.
where appropriate, the exchange rate used by the payee's payment service provider to the payment transaction and the amount which was the subject of the payment transaction before that currency conversion; 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 shall be obliged to inform the payment service user immediately if:
1.
change in circumstances which have been informed pursuant to Article 4 (1) (1), or
2.
, to the detriment of the payment service user, changes in 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 may agree on a different frequency and a form different from § 3 or a deviating procedure. 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. Unofficial table of contents

Section 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), the payment service provider shall, by way of derogation from § § 4 and 6, only inform the payment service user of the following:
1.
the essential characteristics of the payment service, including the use of the small amount instrument;
2.
Disclaimer,
3.
the resulting charges and
4.
the other contract information that is essential to the payment service user.
In addition, the payment service provider shall indicate where the further information and contractual terms and conditions prescribed in accordance with § 4 are made available in an easily accessible form. (2) In the case of contracts referred to in paragraph 1, the Contracting Parties may, by way of derogation from § § 7 and 8 agree that the payment service provider shall pay the payment service user after the execution of a payment transaction
1.
only inform or make available an identifier associated with the payment transaction, which makes it possible 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 shall include information relating to the total amount and charges levied for such payment transactions;
2.
the information referred to in paragraph 1 does not have to be communicated or made available if the use of the small amount instrument cannot be attributed to any payment service user or if the payment service provider is otherwise technically is not in a position to communicate this information; in this case, the payment service provider shall offer the payment service user an opportunity to check the amounts stored.

Section 3
Single payment contracts

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§ 12 Special Form

In the case of a single payment contract, which is not the subject of a payment service contract, the payment service provider shall make available to the payment service user the information and contractual 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. Unofficial table of contents

§ 13 Pre-contractual information

(1) The following pre-contractual information and contractual terms and conditions shall be made available in good time before the payment service user's declaration of contract is issued:
1.
the information or customer identifiers to be communicated by the payment service user, which are necessary for the orderly execution of a payment order;
2.
the maximum execution period for the payment service to be provided;
3.
any charges payable by the payment service user to the payment service provider and, where appropriate, their breakdown,
4.
where applicable, the actual exchange rate or exchange rate on which the payment transaction is based.
The other information referred to in Article 4 (1) shall also be made available to the payment service user to the extent that they are significant for the individual payment contract. (2) If the payment service user requests the individual payment contract at the request of the payment service user, the following shall be made available to the payment service user. the use of a means of distance communication which does not permit the payment service provider to be informed in accordance with paragraph 1, the payment service provider shall, without delay, have the payment service user after the execution of the To inform the payment process 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 contract which contains the information and contractual conditions required under paragraph 1. Unofficial 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 shall inform the payment service immediately of
1.
the identifier assigned to the payment transaction, which allows the payer to identify the payment transaction in question, and, where appropriate, information on the payee,
2.
the payment amount in the currency used in the payment order;
3.
the level of the charges to be paid by the payer for the payment transaction and, where appropriate, the breakdown thereof,
4.
where applicable, the exchange rate used by the payer's payment service provider to the payment transaction, or a reference thereto, provided that the rate deviates from the rate referred to in Article 13 (1) (4), and the amount of the exchange rate which has been paid by the payment service provider of the payer; Currency translation is the subject of the payment transaction; and
5.
the date of receipt of the payment order.
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§ 15 Information to the payee after execution of the payment transaction

After the payment transaction has been carried out, the payment service provider of the payee shall inform the payee immediately of:
1.
the identifier assigned to the payment transaction, which allows the payee to identify the payment transaction in question and, where appropriate, the payer, as well as further information communicated with the payment transaction;
2.
the payment amount in the currency in which it is available to the payee;
3.
the level of charges to be paid by the payee for the payment transaction and, where appropriate, the breakdown thereof,
4.
where appropriate, the exchange rate used by the payee's payment service provider to the payment transaction and the amount which was the subject of the payment transaction before that currency conversion; and
5.
the value date of the credit.
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§ 16 Information on individual payment by means of framework contractually regulated payment authentication instruments

Where a payment order is transferred for a single payment via a framework contractually regulated payment authentication instrument, only the payment service provider, which is the party to the payment service contract, is obliged to pay the payment order to the To inform payment service users in accordance with Section 2.

Section 4
Information requirements for payees and third parties

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Section 17 Information obligations of the payee

(1) If payments are to be 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 shall be entitled to the (2) requires the payee to pay for the use of a certain payment authentication instrument, or to offer a payment If a reduction is made, it shall inform the payer before the payment process has been triggered. with. Unofficial table of contents

Section 18 Information obligations of third parties

Where a third party, through which a payment service user can trigger a payment transaction, requires a payment to be used for the use of a certain payment authentication instrument, he shall inform the payment service user of that payment prior to the triggering of the payment. of the payment transaction. Unofficial table of contents

Section 19 Variant agreements

If the payment service user is not a consumer, the parties may 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 (2) sentence 2)
Samples for revocation of contracts outside of business premises and for distance contracts with the exception of contracts for financial services

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

Revocation Instruction
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day .
In order to exercise your right of revocation, 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 withdrawal form, but it is not required.
In order to maintain the revocation period, it is sufficient that you send the communication on the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you revoke this contract, we will give you all the payments we have received from you, including the delivery costs (with the exception of the additional costs that arise from this, that you have a different kind of delivery than the one of us the most favourable standard delivery offered) must be repaid 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. 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.
Design considerations:
1.
Insert one of the following text blocks in quotation marks:
a)
in the case of a service contract or contract for the supply of water, gas or electricity, if they are not offered for sale in a limited volume or in a certain quantity, of district heating or of digital content, which are not delivered on a physical medium: "the conclusion of the contract.";
b)
in the case of a contract of sale: " where 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 relating to a number of goods which the consumer has appointed as part of a single order and which shall be delivered separately: ' where you, or a third party other than the carrier, designated by you, shall be the last of the goods to be delivered to Have taken possession or . ";
d)
in the case of a contract for the delivery of a product in several submissions or pieces: " where you or a third party named by you, who is not the carrier, have taken possession of the last part-consignment or the last piece, or . ";
e)
in the case of a contract for the regular delivery of goods over a specified period of time: " where you or a third party named by you, who is not the carrier, have taken possession of the first goods, or "
Add your name, address and, if available, your phone number, fax number and email address.
If you grant the consumer the option of electronically filling and transmitting the information about his revocation of the contract on your website, please insert the following: " You can use the sample withdrawal form or any other unique Please fill in and submit your declaration electronically on our website [insert internet address]. If you make use of this option, we will immediately inform you (e.g. B. by e-mail) a confirmation of the receipt of such a withdrawal. "
In the case of purchase contracts in which you have not offered to pick up the goods yourself in the event of withdrawal, you add the following: " We can refuse the repayment until we have received the goods back or until you have proof of the proof of the goods. provided that you have sent back the goods, whichever is the earlier. "
If the consumer has received goods in connection with the contract:
a)
Insert:
-
"We pick up the goods." or
-
" You shall have the goods immediately and in any event no later than fourteen days from the date on which you inform us of the revocation of this contract ... to us or to [ where applicable, the name and address of the Acceptance of the goods to be inserted in order to be sent back or handed over. The time limit shall be maintained if you send the goods before the expiry of the period of fourteen days. "
b)
Insert:
-
"We shall bear the cost of returning the goods.";
-
"You shall bear the immediate cost of returning the goods.";
-
If, in the case of a distance contract, you do not offer to bear the costs of returning the goods, and the goods cannot be returned normally with the post due to their nature: " You bear the immediate cost of returning the goods. of the goods in the amount of ... EUR [insert amount]. ", or, if the costs cannot reasonably be calculated in advance:" You shall bear the immediate cost of returning the goods. The costs will be reduced to a maximum of ... EUR [insert amount] estimated. " or
-
If, in the case of a contract concluded outside of premises, the goods cannot be returned normally with the post due to their nature and have been delivered to the consumer's home at the time of the conclusion of the contract: "We will pick up the goods at our expense." and
c)
Add: "You must pay for any 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 for the provision of 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 include: " If you have requested that the services or supply of water/gas/electricity/district heating should commend during the revocation period, you will have to pay us a reasonable amount, which shall be the proportion of the up to the Date on which you give us the right to withdraw from the right of withdrawal in respect of this contract , services already provided in relation to the total amount of the services provided for in the contract. "
Unofficial table of contents

Appendix 2 (to Article 246a § 1 (2), first sentence, first sentence, point 1 and second paragraph 2, point 2)
Sample for the revocation form

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

Pattern-Revocation Form
(If you want to cancel the contract, please fill out this form and send it back.)
-
[insert the name, address and, where appropriate, the operator's fax number and e-mail address by the entrepre]:
-
I/we hereby revoke (*) the contract concluded by me/us (*) for the purchase of the following goods (*) /the provision of the following service (*)
-
Ordered on (*) /received on (*)
-
Name of the consumer (s)
-
Address of consumer (s)
-
Signature of the consumer (s) (only when notified on paper)
-
Date

(*) Delete as appropriate.
Unofficial table of contents

Appendix 3 (to Article 246b § 2 (3))
Samples for revocation of contracts outside of business premises and for distance contracts relating to financial services

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

Revocation Instruction
Right of withdrawal
You may withdraw your declaration of contract within 14 days without giving any reason by means of a clear declaration. 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 be sufficient if the declaration is made on a durable medium (e.g. B. letter, fax, e-mail). The revocation shall be addressed to:
Revocation
In the event of an effective revocation, the services received on both sides shall be returned. You are obliged to pay compensation for the service provided until 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 will Revocation period begins with the execution of 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 be issued prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of withdrawal. 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 reception.
Special considerations
(Place), (Date), (Signature of the consumer)
Design considerations:
In one of the following special cases the following shall be inserted:
a)
In the case of the provision of financial services other than payment services: ", 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 Article 246b § 1 paragraph 1 of the EGBGB";
b)
On conclusion of contracts for the provision of payment services in distance sales:
aa)
in the case of payment service contracts: ", 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 § 1 (1) (7) to (12), (15) and (19) and Article 248 (4) (1) EGBGB ";
bb)
in the case of small amount instruments within the meaning of Section 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) (7) to (12), 15 and 19; and Article 248 (1) of the EGBGB (EC) ";
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 obligations pursuant to Article 246b § 2 (1) in conjunction with § 1 (1) (7) to (12), (15) and (19) and Article 248 (13) (1) of the EGBGB".
c)
On conclusion of contracts for the provision of payment services outside of business premises:
aa)
in the case of payment service contracts: ", 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 (1) (12) and Article 248 (4) (1) of the EGBGB [German Civil Code]";
bb)
in the case of small amount instruments within the meaning of Section 675i (1) of the Civil Code: ", 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 Article 1 (1) (12) and Article 248 (11) (1) 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 obligations pursuant to Article 246b § 2 in conjunction with Section 1 (1) (12) and Article 248 (13) (1) of the EGBGB".
If the contract is awarded for a contract which falls under several of the above special cases, the respective applicable supplements shall be combined. To the extent to which additions to be combined are linguistically identical, repetitions of the text are not required.
Use: Name/Company and addressable address of the revocation address.In addition, fax number, e-mail address and/or, if the consumer receives a confirmation of his revocation notice to the entrepellant, can also be specified Internet address.
This paragraph may be omitted if the mutual benefits are provided only after the expiry of the withdrawal period. The same applies if a reprocessing is not possible (e.g. B. Acceptance of a guarantee).
In the case of the agreement of a pay for the culling of a contraction within the meaning of § 505 of the German Civil Code (BGB), the following is to be inserted: " Overdraw your account without the possibility of being overdrawn or exceed the amount of time you have granted. In addition, we may not charge any costs or interest beyond repayment of the amount of the overdraft or overshoot if we do not properly inform you of the conditions and consequences of the overdraft or of the overdraft. Overrun (e.g. B. Applicable nominal interest rate, costs). "
In the case of a contract for a financial assistance allowance, which is covered by the exception of § 506 paragraph 4 BGB, the following shall apply:
a)
If the subject of the contract is the omission of an item with the exception of the supply of water, gas or electricity, which are not offered for sale in a limited volume or in a certain quantity, here the concrete indications are accordingly Design hint Point (a) to (c) of Appendix 1 to Article 246a (1), second sentence, second sentence of the EC Civil Code.
b)
Is the subject of the contract the provision of a service which does not exist in the omission of a thing as referred to in point (a) or in a financial service, or the supply of water, gas or electricity, if not in a limited volume or in a certain quantity for sale, or the supply of district heating, here are the concrete indications according to the design hint Appendix 1 to Article 246a (2) sentence 2 of the EGBGB shall be given.
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 in order to pay compensation for the digital content delivered up to the revocation. if you have been notified of this legal order before submitting your contractual declaration and have expressly agreed that we will start delivery of the digital content before the end of the withdrawal period. "
The following note for financed business can be omitted if no related business is present: " If you finance this contract through a loan and subsequently revoke it, you are also no longer bound to 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 much as possible, make use of your right of withdrawal and also withdraw the loan agreement if you also do so. a right of withdrawal is entitled. 'In the case of a financed acquisition of a land or a similar right, the second sentence of the above note shall be amended as follows:' This shall be assumed only if the contracting parties are identical in both contracts , or if the lender is beyond the provision of loans It shall promote its business by cooperating with the transferor by adopting, in whole or in part, the interests of the disposal of the transferor in the planning, advertising or implementation of the project functions of the divestment or by Divesters unilaterally favored. "
The following notice may be omitted if there is no related contract: " In the event of a revocation of this contract, you are also no longer bound by a contract relating to this contract if the related contract is a performance , which shall be provided by us or by a third party on the basis of an agreement between us and the third party. "
Location, date, and signature bar can be omitted. In this case, this information should be replaced either by the words "end of the revocation of the withdrawal" or by the words "your (e) (insert: company of the entrepre)".
Unofficial table of contents

Annex 4 (to Article 247 (2))
European standard information for consumer credit

(Fundstelle: BGBl. I 2009, p. 2393-2397;
as regards the individual amendments, see Footnote)

1.
Name and contact details of the creditor/credit intermediary
Lenders
Address
Phone *)
Email *)
Fax *)
Internet address *)
[name]
[ Load-capable address for contacts
of the consumer]
(if applicable)
Credit intermediary
Address
Phone *)
Email *)
Fax *)
Internet address *)

[name]
[Address for contact with the consumer]


-----

*) Voluntary information provided by the creditor

In all cases where "if applicable" is indicated, the creditor 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 agreement. Delete the entire line if the information is not relevant for the credit type in question. The endorsements in square brackets are used for explanation and are to be replaced by the corresponding information.
2.
Description of the essential characteristics of the credit
Credit Type
Total Credit Amount
Ceiling or sum of all amounts made available on the basis of the credit agreement
Conditions of use
What is meant is how and when you get the money
Duration of the credit agreement
Partial payments and, where appropriate, order in which the instalments are to be credited They must make the following payments:
[amount, number and periodicity of payments to be made by the consumer]
Interest and/or costs are to be paid as follows:
Total amount you want to pay
Amount of the capital borrowed plus interest and any costs related to your credit
[sum of total amount of credit and total cost of credit]
(if applicable)
The loan is granted in the form of a payment order for a good or service, or is connected with the delivery of certain goods or the provision of a service.
Name of goods or services
Cash price
(if applicable)
Required Guarantees
Description of the collateral to be provided by you in connection with the credit agreement

[Type of collateral]
(if applicable)
Payments shall not be used for direct capital redemption
3.
Borrowing costs
Nominal interest rate or, where appropriate, the different nominal interest rates applicable to the credit agreement [%
-bound or
-variably (with the index or reference interest rate for the initial target interest rate)
-Periods]
Annual Effective Zins
Total cost expressed as an annual percentage of the total amount of credit
This information will help you compare different offers.
[%] representative example, stating all the assumptions made in the calculation of the annual interest rate.
Is
-the conclusion of credit insurance
or
-the use of any other ancable benefit linked to the credit agreement
the mandatory requirement that the loan be granted at all or in accordance with the terms of the contract?
If the creditor does not know the costs 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 side performance:]
Costs related to the loan
(if applicable)
The management of one or more accounts is required for the booking of the payment transactions and the credit amounts used.
(if applicable)
The amount of the cost of using a particular means of payment (e.g. B. a credit card)
(if applicable)
Other costs related to the credit agreement
(if applicable)
Conditions under which the above-mentioned costs may be changed in connection with the credit agreement
(if applicable)
Obligation to pay emergency costs
Costs of late payment
Disbursed payments may have serious consequences for you (e.g. B. Forced sale) and make it more difficult to obtain a loan.

In the event of late payment, you will
[... (applicable interest rate and arrangements for its adjustment and, where appropriate, delay costs)].
4.
Other important legal aspects
Right of withdrawal
You have the right to withdraw from the credit agreement within 14 calendar days.
Yes/No
Early repayment
You have the right to repay the loan at any time in whole or in part.
(if applicable)
The creditor shall be entitled to compensation in the event of early repayment

[Setting of the compensation (calculation method) according to § 502 BGB]
Database Query
The creditor 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.
Right to a draft credit agreement
You have the right to receive, on request, a copy of the draft credit agreement free of charge. This provision shall not apply if the creditor is not prepared to conclude a credit agreement with you at the time of the application.
(if applicable)
Period during which the creditor is bound by the pre-contractual information

This information shall apply from ... to ...
(if applicable)
5.
Additional information on distance sales of financial services
a) to the creditor
(if applicable)
Representative of the creditor in the Member State in which you reside
Address
Phone *)
Email *)
Fax *)
Internet address *)
*) Voluntary information provided by the creditor

[name]

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

[commercial register in which the creditor is registered and his commercial register number or an equivalent identifier used in this register]
(if applicable)
Competent supervisory authority
(b) a credit agreement
(if applicable)
Exercise of the right of withdrawal

[practical information on the exercise of the right of withdrawal, including the withdrawal period, indication of the address to which the declaration of revocation must be sent, as well as consequences in the event of non-exercise of this right]
(if applicable)
Right, which the creditor undertakes to hold relations with you before the conclusion of the credit agreement
(if applicable)
Clauses relating to the law applicable to the credit agreement and/or to the competent court

[Reflect related clauses here]
(if applicable)
Choice of language
The information and terms and conditions of the contract shall be presented in [indication of the language]. With your consent, we will keep in contact with you during the term of the credit agreement in [indication of the language (s)].
(c) Legal remedies
Availability of out-of-court complaint and redress procedures and access to it [information on whether the consumer who is a party to a distance contract has access to an out-of-court complaint and redress procedure and, where appropriate, the conditions for such access]
Unofficial table of contents

Annex 5 (to Article 247 (2))
European Consumer Credit Information
1. Overdrains
2. Retraining

(Fundstelle: BGBl. I 2009, p. 2398-2401;
as regards the individual amendments, see Footnote)

1.
Name and contact details of the creditor/credit intermediary
Lenders
Address
Phone *)
Email *)
Fax *)
Internet address *)
[name]
[Load-capable address for consumer contacts]
(if applicable)
Credit intermediary
Address
Phone *)
Email *)
Fax *)
Internet address *)

[name]
[Load-capable address for consumer contacts]


-----

*) Voluntary information provided by the creditor

In all cases where "if applicable" is indicated, the creditor 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 agreement. Delete the entire line if the information is not relevant for the credit type in question. The endorsements in square brackets are used for explanation and are to be replaced by the corresponding information.
2.
Description of the essential characteristics of the credit
Credit Type
Total Credit Amount
Ceiling or sum of all amounts made available on the basis of the credit agreement
Duration of the credit agreement
(if applicable)
They may be requested at any time to repay the entire amount of the loan.
3.
Borrowing costs
Nominal interest rate or, where appropriate, the different nominal interest rates applicable to the credit agreement [%
-bound or
-variably (with the index or reference interest rate for the initial target interest rate)]
(if applicable)
Effective annual rate *)
Total cost expressed as an annual percentage of the total amount of credit
This information will help you compare different offers.
[%. Representative example, stating all the assumptions made in the calculation of the annual interest rate.
(if applicable)
Cost
(if applicable)
Conditions under which these costs may be changed
[All costs to be paid from the date of the conclusion of the credit agreement]
Costs of late payment In the event of late payment, you will be charged [... (applicable interest rate and regulations for its adjustment as well as, where applicable, delay costs)].


-----

*) In the case of overdrains pursuant to Section 504 (2) of the Civil Code, in which the loan can be terminated at any time by the creditor or has to be repaid within three months, the effective annual 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 [Conditions and procedures for termination of the credit agreement]
Database Query
The creditor 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)
Period during which the creditor is bound by the pre-contractual information
This information shall apply from ... to ...
(if applicable)
5.
Additional information to be provided when the pre-contractual information relates to a consumer credit for a debt restructuring
Partial payments and, where appropriate, order in which the instalments are to be credited They must make the following payments:
[representative example of a rate payment plan specifying the amount, the number and periodicity of the payments to be made by the consumer]
Total amount you want to pay
Early repayment
You have the right to repay the loan at any time in whole or in part.
(if applicable)
The creditor shall be entitled to compensation in the event of early repayment.

[Setting of the compensation (calculation method) according to § 502 BGB]
6.
Additional information to be provided in the distance sales of financial services
a) to the creditor
(if applicable)
Representative of the creditor in the Member State in which you reside
Address
Phone *)
Email *)
Fax *)
Internet address *)
*) Volunteer information provided by the lender.

[name]

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

[commercial register in which the creditor is registered and his commercial register number or an equivalent identifier used in this register]
(if applicable)
Supervisory authority
(b) a credit agreement
Right of withdrawal
You have the right to withdraw from the credit agreement within 14 calendar days.
(if applicable)
Exercise of the right of withdrawal
Yes/No
[ practical information on the exercise of the right of revocation, u. a. Address to which the revocation declaration is to be sent, as well as consequences in the event of non-exercise of this right]
(if applicable)
Right, which the creditor undertakes to hold relations with you before the conclusion of the credit agreement
(if applicable)
Clauses relating to the law applicable to the credit agreement and/or to the competent court

[Reflect related clauses here]
(if applicable)
Choice of language

The information and terms and conditions of the contract shall be presented in [indication of the language]. With your consent, we will keep in contact with you during the term of the credit agreement in [indication of the language (s)].
(c) Legal remedies
Availability of out-of-court complaint and redress procedures and access to them [information on whether the consumer who is a party to a distance contract has access to an out-of-court complaint and redress procedure and, where appropriate, the conditions for such access]
Unofficial table of contents

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

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

Content Description
Introductory text This information does not constitute a legally binding offer.
The information shall be made available according to good faith and shall be a precise 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 borne in mind that the data may vary according to market trends.
The handing out of this information sheet does not automatically commit the lender to the loan permit.
1. Loan
and possibly loan intermediaries
2. Description [ In this paragraph, a short but clear description of the proposed contract should be made.
It should be made clear whether:
-
the loan is to be secured in accordance with the basic law or by another security normally used;
-
the proposed contract is an interest payment loan (d. h. the borrower only serves interest during the loan period and repays 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 terms and conditions of the loan depend on the borrower's own capital (possibly described as a percentage of the value of the owner's property);
-
the terms and conditions of the loan are subject to the guarantee of a third party.]
3. Target interest rate
(indicate the type of interest rate and the duration of the loan period fixed)
[ This section should provide information on the main consideration of the loan-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, and the indication of interest margins within which a variable target interest rate can fluctuate, etc.
It should be described whether a variable target interest rate relates to an index or reference interest rate or not and, where relevant, more detailed information on the index or reference interest rate.]
4. Effective Annual Zins
Total cost expressed as an annual percentage of the total amount of credit
5. Net loan amount and currency
6. Total duration of the loan agreement
7. Number and frequency of rate payment (may vary)
8. In the case of annuity loans:
Height of the rate payment (may vary)
9. In the case of interest-rate payment loans:
-the amount of each periodic interest payment;
-the level of payments to be made regularly for asset formation.
[ The lender should provide-real or representative-information
-the amount and number of each regular interest payment (cf. Information under point 7) and
-the amount and number of regular payments to be made available for asset formation (cf. Information under point 7)
.
Where appropriate, the lender should point out that the payments made to the asset formation and the resulting claims may not guarantee the full repayment of the loan.
If a lender leads investment contracts in its bid and offers them as part of an interest payment loan, it should be made clear whether the offer is tied to the asset formation contract proposed by the lender.]
10. Additional one-time costs, where applicable [ A list of all the initial one-time costs which the borrower must pay at the time of the inclusion of the housing loan must be submitted.
If these costs are under direct or indirect control of the lender, an estimate of the costs should be made.
To the extent that this is relevant, it should be made clear whether the costs must also be paid independently of the loan approval.
Such costs could be B.
-Administrative costs
-Costs for legal advice
-Estimate and expert costs.
If an offer is tied to the fact that the borrower will use the above-mentioned services from the lender, it should be clearly pointed out to this fact.]
11. Additional recurring costs (as far as not included in point 8) [ This list should be B.
-
Insurance in case of insolvency (unemployment or death)
-
Fire Insurance
-
Building and household insurance.
If an offer is tied to the fact that the borrower will use the above-mentioned services from the lender, it should be clearly pointed out to this fact.]
12. Early repayment,
Dismissal
[ The lender should give advice on
-
the possibility and the conditions of early repayment
-
including an indication of 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 should be paid by the borrower, which is sufficient to cover the costs arising from the termination of the loan. to balance.]
13. Internal complaints system [name, address and telephone number of the contact point]
14. Representative TilgPlan [ The lender should submit a representative and summary repayment plan containing at least the following information:
-
monthly or (as far as this is the case) quarterly rates for the first year;
-
followed by annual data for the entire (rest) term of the loan.
The eradication plan should also provide information
-
on the repayment of payments,
-
on interest payments,
-
the residual debt to be paid,
-
to the individual installers, and
-
Total amount
.
It should be clearly pointed out that the repayment plan is merely illustrative and contain a warning if the offered home loans are variable.]
15. obligation to keep the bank and salary account with the lender
16. Right of withdrawal
You have the right to withdraw from the loan agreement within 14 calendar days.
Yes/No
17. assignment, transfer
Claims arising from the loan relationship may be made to third parties, e.g. B. Inkassounternehmen.
The lender may transfer the contractual relationship without your consent to any other person, e.g. B. in the case of a restructuring of the business.

Yes/No
[ possibly with limitations, e.g. B. only in the case of payment backlog]

Yes/No
[Possibly with restrictions]
18. Additional information in the distance selling business
(if applicable)
Creditor or agent of the lender in the Member State in which you reside
Address
Phone *)
Email *)
Fax *)
Internet address *)
*) Volunteer information provided by the lender.
[name]
[Load-capable address for contacts of the borrower]
Entry in the commercial register [commercial register in which the lender is registered and its commercial register number, or an equivalent identifier used in this register]
Competent supervisory authority
Exercise of the right of withdrawal [Practical information on the exercise of the right of withdrawal, including the address to which the revocation declaration is to be sent, and the consequences of non-exercising this right]
Legal orders on which the lender undertakes to establish relations with you before the conclusion of the loan agreement
Clauses relating to the law applicable to the loan contract and to the competent court [Reflect related clauses here]
Choice of language The information and terms and conditions of the contract shall be presented in [indication of the language]. With your consent, we will keep in contact 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 [information on whether the borrower has access to an out-of-court complaint and redress procedure and, where appropriate, the conditions for such access]
Period of time for which the lender is bound by the pre-contractual information This information shall apply from ... to ...
In all cases where "applicable" is indicated, the creditor or agent must fill in the relevant box if the information for the loan is significant, or if the information or the whole of the line concerned is relevant. when the information for the eligible loan is meaningless. The endorsements in square brackets are used for explanation and are to be replaced by the relevant information. Unofficial table of contents

Annex 7 (to Article 247 (6) (2) and (12) (1))
Sample for revocation information for consumer loan contracts

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

Revocation Information
Right of withdrawal
The borrower * may revoke his contract of contract within 14 days without giving reasons. 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 contract period). 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 of the contract or in one for the borrower a certain copy of his application or of the contract 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 shall be addressed to:
Revocation
To the extent that the loan has already been paid, the borrower has to repay the borrower within 30 days at the latest and 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 declaration of revocation. For the period between disbursing and repayment, in the case of full use of the loan per day, an amount of interest shall be paid in the amount of Euro to be paid. This amount shall be reduced accordingly if the loan has only been partially used.
Design considerations:
The following are to be inserted: name/company name and 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 applying the design considerations , or is to be inserted in the following subheading: "Special features for further contracts".
In the case of a related contract according to § 358 BGB (German Civil Code), insert
a)
if the contract does not cover the acquisition of financial instruments: '-The borrower withholds this loan agreement, he shall also be entitled to the name of the associated contract ('the related contract') * * no longer -If the borrower is entitled to a right of withdrawal in respect of the contract (***: related contract), it is no longer bound by the loan agreement with the effective revocation of the [commence ***: related contract]. The legal consequences of the revocation shall be governed by the arrangements made 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], he shall no longer be bound by the loan agreement."
In the case of a transaction the subject-matter of which (the service of the entrepre) is specified in the consumer loan contract, and which does not simultaneously fulfil the conditions of a contract in accordance with Section 358 of the German Civil Code (BGB), although the loan is (in accordance with Section 360 (2) sentence 2 of the German Civil Code (BGB)), the following is to be inserted: "-If the borrower is to be used in relation to the transaction, the name of the transaction indicated in the loan agreement (in the case of the loan contract) (in the case of the loan agreement The following: specified business) * * is a right of withdrawal, it shall be effective Revocation of the specified business also no longer bound to this loan agreement. "
In the case of a contract relating to a consumer loan agreement (§ 360 BGB), which does not simultaneously fulfil the conditions of a related contract in accordance with § 358 BGB, the following may be inserted: "-Is the borrower in With regard to this loan agreement, a right of revocation, it shall also be subject to the effective revocation of the loan agreement to the following: the name of the contract related to the loan agreement (hereinafter referred to as the 'related contract') * * more bound. "
Here you can insert the exact amount of interest in euros per day. Centamounts are to be specified as decimal places.
If the loan is secured by a basic mortgage law, the following is to be inserted: " If the borrower proves that the value of its use advantage was lower than the contract interest, it only has to pay the lower amount. This may be B. may be considered if the market-standard interest rate was lower than the contract rate. "
If the lender provides expenses to the public authorities in accordance with Section 357a (3) sentence 4 of the German Civil Code, and in the event of revocation, he wishes to reserve the right to assert that claim: "-The borrower shall have: to replace the lender with the expenses incurred by the lender in relation to public authorities and cannot be recovered. "
When applying the design considerations , , , , , or is to be inserted here as a subheading: "Special features of further contracts" This shall not apply if, in the case of a paid financial assistance, only the reference If several other contracts are not present, then the information according to the applicable design information may also be given by a corresponding one, in each case to the specific contract. , repeated mentioning of the references shall be made.
In the case of a related contract in accordance with § 358 BGB, which does not cover the acquisition of financial instruments, the following is to be inserted: "-If the borrower is entitled to a right of withdrawal in relation to [employed ***: the associated contract], the following shall be added: Case of effective revocation [commensurate ***: 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 in accordance with § 358 BGB (German Civil Code), which does not have the acquisition of financial instruments, or in the case of a related contract, if of a design hint The following shall be inserted: "-If the borrower is no longer bound by virtue of the withdrawal of this loan agreement, the contract and/or the related contract shall no longer be bound by the borrower, to the extent that: mutually received benefits on both sides. "
In the case of a related contract in accordance with § 358 BGB (German Civil Code) on the omission of a thing or a related contract, directed at the omission of a thing, if of a design hint The following subparagraph shall be inserted: '-The borrower shall not be obliged to return the case if the entrepre involved in [the contract ***: the related contract or the related contract] has offered to pick up the stuff. In principle, the borrower shall bear the direct costs of returning the goods. This shall not apply if the contractor involved in [uses ***: the related contract or the related contract] has agreed to bear these costs, or has failed to do so, to the consumer of the obligation to pay the direct costs of return, 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 shall be made in such a way that they cannot be returned by post. 'The subparagraph may be supplemented as follows:' If the borrower leaves the case due to [commensurate ***: the contract or the related contract] not or partially not or only to be returned in a deteriorated condition , he has to pay compensation in this respect. 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, characteristics and functioning of the goods. "
In the case of a contract for a financial assistance, the following shall apply:
a)
If the subject of the contract is the omission of an item with the exception of the supply of water, gas or electricity, which are not offered for sale in a limited volume or in a certain quantity, here the concrete indications are accordingly Design hint Point (a) and (b) of Appendix 1 to Article 246a § 1 (2), second sentence, of the EGBGB. These may be provided by the specific indications in accordance with the relevant design guidelines. Point (c) of Annex 1 to Article 246a (1), second sentence, second sentence of the EC Civil Code.
b)
If the subject of the contract is the provision of a financial service, the following note can be given here: " The borrower is obliged to pay compensation for the service rendered up to the revocation, if it is expressly provided for by the customer. 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 until the revocation. "
c)
Is the subject of the contract the provision of a service which does not exist in the omission of a thing as referred to in point (a) or in a financial service, or the supply of water, gas or electricity, if not in a limited volume or in a certain quantity for sale, or the supply of district heating, here can be the concrete indications according to the design hint Appendix 1 to Article 246a (2) sentence 2 of the EGBGB shall be given.
d)
If 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 value of the value of the contract for the delivery of the goods until the revocation. digital content, if it has expressly agreed that the delivery of the digital content will be started before the end of the withdrawal period. "
In the case of a given transaction pursuant to Section 360 (2) sentence 2 of the German Civil Code (BGB), the following shall be inserted: "-If the borrower is no longer bound by the loan agreement on the basis of the revocation of the [commencend ***: business], this shall lead to the Loan agreement on the same consequences that would arise if the loan agreement itself had been revoked (cf. at the top of "Revocation sequences"). "
In the case of a related contract pursuant to § 358 BGB (German Civil Code), which does not cover the acquisition of financial instruments, the following must be inserted: "-If the borrower is no longer bound by the further contract as a result of the withdrawal of the loan agreement. or as a result of the withdrawal of the further contract, the loan contract shall not be bound by the loan agreement: if the loan is effective, the loan shall be made up of the borrower's contractual partner (***: the related , the lenders are already present in relation to the Borrower with regard to the legal consequences of the revocation in the rights and obligations of the contracting party from the further contract. " This notice is deleted if the lender at the same time is the contract partner of the borrower from the further Contract.
In the case of a related contract in accordance with § 358 BGB, which does not cover the acquisition of financial instruments, the following headline and the following reference are to be inserted: "Objections to related contracts" " The borrower may repay the contract. of the loan, in so far as it would entitle it to refuse its performance to the contracting party under the associated contract. 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 the repayment of the loan until the subsequent performance has failed. " This notice and the heading may be omitted if the Lenders know that the paid pay is less than 200 euros.
* The contracting parties may 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 clip supplement is not required if the contract/store is to be described in greater detail.
*** The reference to the contract in question/to the transaction in question may, after the former precise name, also be made by using the general name of the relevant contract/business (related contract, specified business), ()).