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| BGB 483. 1 The agreement is to be drafted in the official language , or , where there is more than one official language , in the official language , selected by the consumer , of the Member State of the European Union or of the state which is a contracting party to the Agreement on the European Economic Area in which the consumer has his residence . If the consumer is a national of another Member State , then instead of the language of the state in which he has his residence he may alternatively choose the official language or one of the official languages of the state of which he is a national . Sentences 1 and 2 also apply to the prospectus . |
| BGB 497. 3 Payments by the borrower which are insufficient to repay the entire debt due are credited , notwithstanding section 367 ( 1 ) , first , towards costs of litigation , then towards the remainder of the amount owed ( subsection 1 ) and finally towards interest ( subsection 2 ) . The lender may not reject instalments . Limitation of the claims for repayment of the loan and interest is suspended from the date when default begins under subsection ( 1 ) until they are determined in a manner described in section 197 ( 1 ) nos . 3 to 5 , but not for more than ten years from the date when they come into existence . Section 197 ( 2 ) does not apply to claims for interest . Sentences 1 to 4 do not apply to the extent that payments are made in response to judicially enforceable instruments whose main claim is for interest . |
| BGB 615 If the person entitled to services is in default in accepting the services , then the party owing the services may demand the agreed remuneration for the services not rendered as the result of the default without being obliged to provide cure . However , he must allow to be credited against him what he saves as a result of not performing the services or acquires or wilfully fails to acquire through use of his employment elsewhere . Sentences 1 and 2 apply with the necessary modifications in cases in which the employer bears the risk of loss of working hours . |
| BGB 632a. 1 The contractor may demand a part payment from the customer for work carried out in accordance with the contract in the amount in which the customer has received an increased value by virtue of the work . The part payment may not be refused because of minor defects . Section 641 ( 3 ) applies with the necessary modifications . The work must be documented by a list which must facilitate a rapid , secure evaluation of the work . Sentences 1 to 4 also apply to required materials or building components that are supplied or specially prepared and made available if ownership of the materials or building components is transferred to the customer or an appropriate security is provided for this , at his option . |
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