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BGB 492. 1 Consumer loan contracts are to be entered into in writing unless a more stringent form is provided for . Entering into the agreement in electronic form is excluded . The requirement of written form is satisfied if the offer and acceptance by the parties to the contract are declared in writing in separate documents . The statement of the lender need not be signed if it is made with the help of automatic equipment . The contract declaration must be signed by the borrower and must indicate : the net loan amount , and where applicable the maximum limit of the loan , the total amount of all instalments to be paid by the borrower in redemption of the loan as well as for payment of interest and other costs , if , at the date when the consumer loan contract is entered into , the total amount is certain for the entire duration of the loan ; for loans with variable conditions that are redeemed in instalments , a total amount on the basis of the loan terms that apply at the time the contract is entered into , the manner of repayment of the loan or , if an agreement on this is not envisaged , the arrangements for the termination of the contract , the rate of interest and all other loan costs which , where their amount is known , are to be specified in detail , or else whose basis is to be indicated , including any brokerage fees to be borne by the borrower , the effective annual rate of interest or , if the right is reserved to modify the rate of interest or other factors that determine the price , the initial effective annual rate of interest ; together with the initial effective annual rate of interest there must also be information on the conditions under which the factors that determine the price can be modified and the periods of time to which charges resulting from an incomplete disbursement or from a loan surcharge are to be allocated when calculating the effective annual rate of interest , the costs of any residual debt insurance or other insurance taken out in connection with the consumer loan contract , security to be provided .
Level:
Leistung:
fehlt
Status:
Englisch
BGB 492. 1
Consumer
loan
contracts
are
to
be
entered
into
in
writing
unless
a
more
stringent
form
is
provided
for
.
Entering
into
the
agreement
in
electronic
form
is
excluded
.
The
requirement
of
written
form
is
satisfied
if
the
offer
and
acceptance
by
the
parties
to
the
contract
are
declared
in
writing
in
separate
documents
.
The
statement
of
the
lender
need
not
be
signed
if
it
is
made
with
the
help
of
automatic
equipment
.
The
contract
declaration
must
be
signed
by
the
borrower
and
must
indicate
:
the
net
loan
amount
,
and
where
applicable
the
maximum
limit
of
the
loan
,
the
total
amount
of
all
instalments
to
be
paid
by
the
borrower
in
redemption
of
the
loan
as
well
as
for
payment
of
interest
and
other
costs
,
if
,
at
the
date
when
the
consumer
loan
contract
is
entered
into
,
the
total
amount
is
certain
for
the
entire
duration
of
the
loan
;
for
loans
with
variable
conditions
that
are
redeemed
in
instalments
, a
total
amount
on
the
basis
of
the
loan
terms
that
apply
at
the
time
the
contract
is
entered
into
,
the
manner
of
repayment
of
the
loan
or
,
if
an
agreement
on
this
is
not
envisaged
,
the
arrangements
for
the
termination
of
the
contract
,
the
rate
of
interest
and
all
other
loan
costs
which
,
where
their
amount
is
known
,
are
to
be
specified
in
detail
,
or
else
whose
basis
is
to
be
indicated
,
including
any
brokerage
fees
to
be
borne
by
the
borrower
,
the
effective
annual
rate
of
interest
or
,
if
the
right
is
reserved
to
modify
the
rate
of
interest
or
other
factors
that
determine
the
price
,
the
initial
effective
annual
rate
of
interest
;
together
with
the
initial
effective
annual
rate
of
interest
there
must
also
be
information
on
the
conditions
under
which
the
factors
that
determine
the
price
can
be
modified
and
the
periods
of
time
to
which
charges
resulting
from
an
incomplete
disbursement
or
from
a
loan
surcharge
are
to
be
allocated
when
calculating
the
effective
annual
rate
of
interest
,
the
costs
of
any
residual
debt
insurance
or
other
insurance
taken
out
in
connection
with
the
consumer
loan
contract
,
security
to
be
provided
.
BGB 492. 1 Verbraucherdarlehensverträge sind , soweit nicht eine strengere Form vorgeschrieben ist , schriftlich abzuschließen . Der Schriftform ist genügt , wenn Antrag und Annahme durch die Vertragsparteien jeweils getrennt schriftlich erklärt werden . Die Erklärung des Darlehensgebers bedarf keiner Unterzeichnung , wenn sie mit Hilfe einer automatischen Einrichtung erstellt wird .
