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BGB 676b. 1 If the bank transfer is not executed until after the end of the transaction period , then the transferring banking institution must pay interest to the transferor on the bank transfer amount for the duration of the delay unless the transferor or the beneficiary is responsible for the delay . The rate of interest is five percentage points per annum above the basic rate of interest . BGB 676b. 2 The transferring banking institution must without additional charges and expenses and at the option of the transferor either return to the transferor or transfer to the beneficiary any amounts retained by itself or by one of the intermediate banking institutions contrary to the transfer contract . BGB 676b. 3 The transferor may demand the return of the transfer amount up to an amount of 12,500 euros ( guarantee amount ) plus fees and expenses already paid for the transfer if the transfer has been executed neither by the end of the transaction period nor within an additional period of time of fourteen banking days from the demand of the transferor for return on . The transfer amount is in this case to bear interest from the commencement of the transaction period up to crediting of the guarantee amount to the account of the transferor at the rate of interest specified in subsection ( 1 ) sentence 2. Upon demand for return by the transferor and the end of the additional period of time the bank transfer contract is deemed to be terminated . The banking institution is entitled to terminate the contract if the banking institution cannot reasonably be expected to continue the contract , weighing the interests of both parties , provided it has paid the guarantee amount or pays it simultaneously . The tr ansferor need not , in the cases cited in sentences 3 and 4 , pay the agreed fees and expenses . Claims under this subsection do not exist if the bank transfer has not been executed because the transferor has given the transferring banking institution erroneous or incomplete instructions or if an intermediate bank expressly specified by the transferor has failed to execute the bank transfer . In the second case of sentence 6 , the banking institution expressly specified by the transferor is liable to the transferor in the place of the transferring banking institution . BGB 676b. 4 Claims under subsections ( 1 ) to ( 3 ) are excluded if force majeure is the cause of the error in the processing of the bank transfer .
Level:
Leistung:
fehlt
Status:
Englisch
BGB 676b. 1
If
the
bank
transfer
is
not
executed
until
after
the
end
of
the
transaction
period
,
then
the
transferring
banking
institution
must
pay
interest
to
the
transferor
on
the
bank
transfer
amount
for
the
duration
of
the
delay
unless
the
transferor
or
the
beneficiary
is
responsible
for
the
delay
.
The
rate
of
interest
is
five
percentage
points
per
annum
above
the
basic
rate
of
interest
. BGB 676b. 2
The
transferring
banking
institution
must
without
additional
charges
and
expenses
and
at
the
option
of
the
transferor
either
return
to
the
transferor
or
transfer
to
the
beneficiary
any
amounts
retained
by
itself
or
by
one
of
the
intermediate
banking
institutions
contrary
to
the
transfer
contract
. BGB 676b. 3
The
transferor
may
demand
the
return
of
the
transfer
amount
up
to
an
amount
of
12,500
euros
(
guarantee
amount
)
plus
fees
and
expenses
already
paid
for
the
transfer
if
the
transfer
has
been
executed
neither
by
the
end
of
the
transaction
period
nor
within
an
additional
period
of
time
of
fourteen
banking
days
from
the
demand
of
the
transferor
for
return
on
.
The
transfer
amount
is
in
this
case
to
bear
interest
from
the
commencement
of
the
transaction
period
up
to
crediting
of
the
guarantee
amount
to
the
account
of
the
transferor
at
the
rate
of
interest
specified
in
subsection
( 1 )
sentence
2.
Upon
demand
for
return
by
the
transferor
and
the
end
of
the
additional
period
of
time
the
bank
transfer
contract
is
deemed
to
be
terminated
.
The
banking
institution
is
entitled
to
terminate
the
contract
if
the
banking
institution
cannot
reasonably
be
expected
to
continue
the
contract
,
weighing
the
interests
of
both
parties
,
provided
it
has
paid
the
guarantee
amount
or
pays
it
simultaneously
.
The
tr
ansferor
need
not
,
in
the
cases
cited
in
sentences
3
and
4 ,
pay
the
agreed
fees
and
expenses
.
Claims
under
this
subsection
do
not
exist
if
the
bank
transfer
has
not
been
executed
because
the
transferor
has
given
the
transferring
banking
institution
erroneous
or
incomplete
instructions
or
if
an
intermediate
bank
expressly
specified
by
the
transferor
has
failed
to
execute
the
bank
transfer
.
In
the
second
case
of
sentence
6 ,
the
banking
institution
expressly
specified
by
the
transferor
is
liable
to
the
transferor
in
the
place
of
the
transferring
banking
institution
. BGB 676b. 4
Claims
under
subsections
( 1 )
to
( 3 )
are
excluded
if
force
majeure
is
the
cause
of
the
error
in
the
processing
of
the
bank
transfer
.
BGB 676b. 1 Der Zahlungsdienstnutzer hat seinen Zahlungsdienstleister unverzüglich nach Feststellung eines nicht autorisierten oder fehlerhaft ausgeführten Zahlungsvorgangs zu unterrichten .
