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=S=> BGB 494. 1 The consumer loan contract and the power of attorney given by the consumer to enter into such a contract are void if written form is not complied with at all or if any of the items of information specified in section 492 ( 1 ) sentence 5 nos . 1 to 6 is lacking .
=S=> BGB 494. 2 Irrespective of a defect under subsection ( 1 ) , the consumer loan contract is valid to the extent that the borrower receives the loan or draws on it . However , the rate of interest agreed for the consumer loan contract ( section 492 ( 1 ) sentence 5 no . 4 ) is reduced to the statutory rate of interest if there is no information on the rate of interest itself , on the effective annual rate of interest or on the initial effective annual rate of interest ( section 492 ( 1 ) sentence 5 no . 5 ) , or if there is no information on the total amount ( section 492 ( 1 ) sentence 5 no . 2 , ( 1a ) . The borrower has no liability to pay any charges not stated . Agreed instalments must be recalculated , taking account of the reduced rate of interest or charges . If there is no information on the conditions under which the factors that determine the price may be changed , they may not be changed to the disadvantage of the borrower . If there is no information on security , it may not be called for ; this does not apply if the net loan amount exceeds 50,000 euros .
=S=> BGB 494. 3 If the effective or the initial effective rate of interest is stated at a rate that is too low , the rate of interest on which the consumer loan contract is based is reduced by the percentage by which the effective or initial effective rate of interest is too low .
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