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BGB 503. 2 The entrepreneur may only withdraw from an instalment payment transaction by reason of default in payment by the consumer if the requirements described in section 498 ( 1 ) are satisfied . The consumer must also compensate the entrepreneur for the expenses incurred as a result of the contract . In the calculation of remuneration for the emoluments of a thing to be returned , the decrease in value that has since occurred must be taken into account . If the entrepreneur takes back the thing supplied under the instalment payment transaction , he is deemed to be exercising the right of withdrawal , unless the entrepreneur agrees with the consumer to pay the latter the usual market value of the thing at the time of its removal . Sentence 4 applies with the necessary modifications if a contract for the supply of a thing is connected to a consumer loan contract ( section 358 ( 2 ) ) and if the lender takes the thing for himself ; in the case of withdrawal , the legal relationship between the lender and the consumer is determined under sentences 2 and 3.
Level:
Leistung:
fehlt
Status:
Englisch
BGB 503. 2
The
entrepreneur
may
only
withdraw
from
an
instalment
payment
transaction
by
reason
of
default
in
payment
by
the
consumer
if
the
requirements
described
in
section
498 ( 1 )
are
satisfied
.
The
consumer
must
also
compensate
the
entrepreneur
for
the
expenses
incurred
as
a
result
of
the
contract
.
In
the
calculation
of
remuneration
for
the
emoluments
of
a
thing
to
be
returned
,
the
decrease
in
value
that
has
since
occurred
must
be
taken
into
account
.
If
the
entrepreneur
takes
back
the
thing
supplied
under
the
instalment
payment
transaction
,
he
is
deemed
to
be
exercising
the
right
of
withdrawal
,
unless
the
entrepreneur
agrees
with
the
consumer
to
pay
the
latter
the
usual
market
value
of
the
thing
at
the
time
of
its
removal
.
Sentence
4
applies
with
the
necessary
modifications
if
a
contract
for
the
supply
of
a
thing
is
connected
to
a
consumer
loan
contract
(
section
358 ( 2 ) )
and
if
the
lender
takes
the
thing
for
himself
;
in
the
case
of
withdrawal
,
the
legal
relationship
between
the
lender
and
the
consumer
is
determined
under
sentences
2
and
3.
BGB 503. 2 Der Verzugszinssatz beträgt abweichend von § 497 Abs . 1 für das Jahr 2,5 Prozentpunkte über dem Basiszinssatz .