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| BGB 286. 3 The obligor of a claim for payment is in default at the latest if he does not perform within thirty days after the due date and receipt of an invoice or equivalent statement of payment ; this applies to an obligor who is a consumer only if these consequences are specifically referred to in the invoice or statement of payment . If the time at which the invoice or payment statement is received by the obligor is uncertain , an obligor who is not a consumer is in default at the latest thirty days after the due date and receipt of the consideration . |
| BGB 676c. 1 Claims under section 676b do not require fault . Other claims that require fault and claims for unjust enrichment are unaffected . The transferring banking institution must be responsible for any fault on the part of an intermediate banking institution as it would be for its own fault , unless the essential cause lies with an intermediate banking institution specified by the transferor . Liability under sentence 3 may be limited to 25,000 euros for bank transfers to an account abroad . Liability for damage arising from delay in or non-execution of the bank transfer may be limited to 12,500 euros ; this does not apply to intent and gross negligence , to loss of interest receipts and risks specifically assumed by the banking institution . |
| BGB 676g. 4 Claims under subsections ( 1 ) to ( 3 ) do not require fault . More extensive claims that require fault are unaffected . The banking institution of the customer must in this context assume the same responsibility for fault on the part of an intermediate banks it instructed as for its own fault . Liability under sentence 3 may be limited to 25,000 euros for bank transfers to an account abroad . Liability for damage arising from delay in or non-execution of the bank transfer may be limited to 12,500 euros ; this does not apply to intent and gross negligence , to loss of interest receipts and risks specifically assumed by the banking institution . The claims are excluded to the extent that the error in execution of the contract is due to force majeure . |
| BGB 1179a. 5 If the creditor of a mortgage has a claim to deletion under the above provisions , it may be agreed that the exclusion of this claim is part of the contents of the mortgage ; the exclusion may be restricted to a specific case of merger . The exclusion is to be stated in the Land Register with a designation of the mortgages which are wholly or partially exempted from the claim for deletion ; if the exclusion has not been agreed for every case of merger , then , in order to define specifically the cases involved , reference may be made to the approval of registration . If the exclusion is cancelled , no claims for deletion arise from this for mergers which existed only prior to the cancellation . |
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