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Dokument BGB Book 2 Law of Obligations
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379
=S=> BGB 489. 1 The borrower may terminate a loan contract , in whole or in part , where for a specific period of time a fixed rate of interest has been agreed if the pegging of the rate of interest ends prior to the time determined for repayment and no new agreement is reached on the rate of interest , observing a notice period of one month to end at the earliest at the end of the day on which the pegging of the rate of interest ends ; if an adjustment of the rate of interest is agreed at certain intervals of up to one year , the borrower may only give notice to end at the end of the day on which the pegging of the rate of interest ends ; if the loan is granted to a consumer and not secured by a security right in land or a maritime lien , at the end of six months after complete receipt , observing a notice period of three months ; in any case at the end of ten years after complete receipt , observing a notice period of six months ; if , after the loan is received , a new agreement is reached on the repayment period or the rate of interest , the date of this agreement replaces the date of disbursement .
=S=> BGB 489. 2 The borrower may terminate a loan contract with a variable rate of interest at any time , giving three months ' notice of termination .
=S=> BGB 489. 3 Termination by the borrower under subsections ( 1 ) or ( 2 ) is deemed not to have been given if the borrower does not repay the sum owed within two weeks after the notice of termination takes effect .
=S=> BGB 489. 4 The right of termination of the borrower under subsections ( 1 ) and ( 2 ) above may not be excluded or made more difficult by contract . This does not apply to loans to the Federal Government , to a special fund of the Federal Government , a Land , a municipality , an association of municipalities , the European Communities or foreign regional or local authorities .