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Dokument BGB Book 2 Law of Obligations
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540
=S=> BGB 358. 1 If the consumer has effectively revoked his declaration of intention to enter into a contract for the supply of goods or for the provision of a service by an entrepreneur , he is also no longer obliged by his declaration of intention to enter into a consumer loan contract connected to this contract .
=S=> BGB 358. 2 If the consumer has effectively revoked his declaration of intention to enter into a consumer loan contract , he also ceases to be obliged by his declaration of intention to enter into a contract connected to that consumer loan contract for the supply of goods or for the provision of a service . If the consumer may revoke the declaration of intention to enter into the connected contract under this subtitle , only subsection ( 1 ) applies , and his right of revocation under section 495 ( 1 ) is excluded . If the consumer in the case of sentence 2 nevertheless declares revocation of the consumer loan contract , this is treated as revocation in relation to the entrepreneur of the connected contract under subsection ( 1 ) .
=S=> BGB 358. 3 A contract for the supply of goods or for the provision of some other performance and a consumer loan contract are linked , if the loan fully or partially serves to finance the other contract and both contracts constitute an economic unit . An economic unit is to be assumed in particular if the entrepreneur himself finances the consideration of the consumer or , in the case of financing by a third party , if the lender in preparation for or for entering into the consumer loan contract uses the services of the entrepreneur . In the case of a financed acquisition of a plot of land or of an equivalent right , an economic unit is only to be assumed if the lender himself provides the plot of land or the equivalent right , or if he , beyond the provision of the loan , promotes acquisition of the plot of land or the equivalent right in cooperation with the entrepreneur , by making the interest of the entrepreneur in its disposal his own , in full or in part , by assuming functions of the disposing pa rty in planning , advertising or carrying out the project , or by unilaterally favouring the disposing party .
=S=> BGB 358. 4 Section 357 applies to the connected contract with the necessary modifications . In the case of subsection ( 1 ) , however , claims for payment of interest and costs arising from the reversal of the consumer loan contract are excluded against the consumer . With regard to the legal consequences of revocation or return , the lender assumes the rights and duties of the entrepreneur under the connected contract if the loan has already flowed to the entrepreneur when the revocation or return becomes effective .
=S=> BGB 358. 5 The necessary instruction on the right of revocation or the right of return must draw attention to the legal consequences under subsections ( 1 ) and ( 2 ) sentences 1 and 2 above .