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BGB 83 If the endowment transaction is a testamentary disposition , the probate court must inform the competent public authority of this for the purpose of recognition , unless application is made by the heir or the executor . If the endowment transaction does not satisfy the requirements of section 81 ( 1 ) sentence 3 , the foundation shall be given a charter or additions shall be made to an incomplete charter by the competent public authority before recognition ; when this is done , the will of the founder is to be taken into account . The seat of a foundation , unless otherwise provided , is the place where the management is carried out . In case of doubt , the last residence of the founder within the country is deemed the seat .
BGB 363 If the obligee has accepted performance offered to him as performance of contract , he bears the burden of proof if he does not wish to have the performance considered as performance of contract because it was different from the performance owed or because it was incomplete .
BGB 492. 1 Consumer loan contracts are to be entered into in writing unless a more stringent form is provided for . Entering into the agreement in electronic form is excluded . The requirement of written form is satisfied if the offer and acceptance by the parties to the contract are declared in writing in separate documents . The statement of the lender need not be signed if it is made with the help of automatic equipment . The contract declaration must be signed by the borrower and must indicate : the net loan amount , and where applicable the maximum limit of the loan , the total amount of all instalments to be paid by the borrower in redemption of the loan as well as for payment of interest and other costs , if , at the date when the consumer loan contract is entered into , the total amount is certain for the entire duration of the loan ; for loans with variable conditions that are redeemed in instalments , a total amount on the basis of the loan terms that apply at the time the contract is entered into , the manner of repayment of the loan or , if an agreement on this is not envisaged , the arrangements for the termination of the contract , the rate of interest and all other loan costs which , where their amount is known , are to be specified in detail , or else whose basis is to be indicated , including any brokerage fees to be borne by the borrower , the effective annual rate of interest or , if the right is reserved to modify the rate of interest or other factors that determine the price , the initial effective annual rate of interest ; together with the initial effective annual rate of interest there must also be information on the conditions under which the factors that determine the price can be modified and the periods of time to which charges resulting from an incomplete disbursement or from a loan surcharge are to be allocated when calculating the effective annual rate of interest , the costs of any residual debt insurance or other insurance taken out in connection with the consumer loan contract , security to be provided .
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 .