German Civil Code (BGB) German law Title 3 Loan contract; financing assistance and contracts for delivery by instalments between an entrepreneur and a consumer*) *) Official note: This title serves to implement Directive 87/102/EEC of the Council for approximation of…
Title 2. Time-share agreements, contracts relating to long-term holiday products, brokerage contracts and exchange system contracts (Section 481 – 487)
German Civil Code (BGB) German law Title 2 Time-share agreements, contracts relating to long-term holiday products, brokerage contracts and exchange system contracts Section 481 Time-share agreements (1) A time-share agreement is a contract by which an entrepreneur procures or promises…
Division 8. Particular types of obligations (Section 433 – 480)
German Civil Code (BGB) German law Division 8 Particular types of obligations Title 1 Purchase, exchange*) *) Official note: This title serves to implement Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain…
Division 7. More than one obligor and obligee (Section 420 – 432)
German Civil Code (BGB) German law Division 7 More than one obligor and obligee Section 420 Divisible performance If more than one person owes divisible performance or if more than one person may demand divisible performance, then in case of…
Division 6. Assumption of debt (Section 414 – 419)
German Civil Code (BGB) German law Division 6 Assumption of debt Section 414 Contract between obligee and transferee A debt may be assumed by a third party by contract with the obligee in such a way that the third party…
Division 5. Transfer of a claim (Section 398 – 413)
German Civil Code (BGB) German law Division 5 Transfer of a claim Section 398 Assignment A claim may be transferred by the obligee to another person by contract with that person (assignment). When the contract is entered into, the new…
Division 4. Extinction of obligations (Section 362 – 397)
German Civil Code (BGB) German law Division 4 Extinction of obligations Title 1 Performance Section 362 Extinction by performance (1) An obligation is extinguished if the performance owed is rendered to the obligee. (2) If performance is rendered to a…
Title 5. Revocation; right of withdrawal in consumer contracts (Section 346 – 361)
German Civil Code (BGB) German law Title 5 Revocation; right of withdrawal in consumer contracts Subtitle 1 Revocation*) *) Official note: This provision also serves in part to implement Directive 1999/44/EC of the European Parliament and of the Council of…
Title 4. Earnest, contractual penalty (Section 336 – 345)
German Civil Code (BGB) German law Title 4 Earnest, contractual penalty Section 336 Interpretation of earnest (1) Where something is given as an earnest when a contract is entered into, this is deemed to be a sign that the contract…
Title 3. Promise of performance to a third party (Section 328 – 335)
German Civil Code (BGB) German law Title 3 Promise of performance to a third party Section 328 Contract for the benefit of third parties (1) Performance to a third party may be agreed by contract with the effect that the…