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Deutsch | enforceable | Grundwort | fehlt |
Fachbebiet | fehlt |
Trennung: | enforceable |
Inhalt | fehlt |
Status: | |
Worttyp | fehlt |
| BGB 197. 1 Unless otherwise provided , the following claims are statute-barred after thirty years : claims for return based on ownership or other real rights , claims governed by family law or the law of succession , claims that have been declared final and absolute , claims under enforceable settlements or enforceable documents , claims that have become enforceable upon being recognised in insolvency proceedings , and claims to reimbursement of the costs of execution . |
| BGB 201 The limitation period for claims of the kind referred to in section 197 ( 1 ) , nos . 3 to 6 , commences on the date when the decision becomes final and absolute , the enforceable instrument is executed or the claim is recognised in insolvency proceedings , but not before the claim arises . Section 199 ( 5 ) applies with the necessary modifications . |
| 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 648a. 2 The security may also be provided by means of a guarantee or other promise of payment by a banking institution or credit insurer authorised to conduct business operations within the area of application of this Code . The banking institution or credit insurer may only make payments to the contractor to the extent that the customer recognises the claim of the contractor to remuneration or has been ordered by a provisionally enforceable judgment to pay the remuneration and the requirements are met under which execution of judgment may be commenced . |
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