Fachwort |
|
|
Deutsch | mutual | Grundwort | fehlt |
Fachbebiet | fehlt |
Trennung: | mutual |
Inhalt | fehlt |
Status: | |
Worttyp | fehlt |
| BGB 204. 1 The limitation period is suspended by : the bringing of an action for performance or for a declaration of the existence of a claim , for the grant of an execution clause or for the issue of an order for execution , the service of an application in the simplified procedure for the maintenance of minors , the service of a demand for payment in summary proceedings for recovery of debt or of the European order for payment in the European order for payment procedure in accordance with Regulation ( EC ) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure ( OJ EU L 399 p . 1 ) , arranging for notice to be given of an application for conciliation filed with a conciliation body established or recognised by the Land justice administration authority or , if the parties seek conciliation in mutual agreement , with any other conciliation body which settles disputes ; if notice is arranged to be given shortly after the filing of the application , the limitation period is suspended immediately once the application is filed , the assertion of a set-off of a claim in a legal action , the service of a third-party notice , the service of an application for evidence to be taken in independent proceedings , the beginning of agreed expert opinion proceedings , the service of an application for an attachment order , an interim injunction or an interim order , or , if the application is not served , the filing of the application if the order for attachment , the interim injunction or the interim order is served on the obligor within one month of its being pronounced or of its service on the obligee , the filing of a claim in insolvency proceedings or in proceedings for the distribution of assets under maritime law , the beginning of arbitration proceedings , the filing of an application with a public authority , if the admissibility of the action depends on a preliminary decision by this authority and the action is brought within three months after the application has been disposed of ; this applies with the necessary modifications to applications required to be made to a court or a conciliation body referred to in no . 4 above , whose admissibility is subject to a preliminary decision by an authority , the filing of an application with the higher court , if the higher court must decide upon the court with jurisdiction over the claim and the action is brought within three months after the application has been disposed of , or the application for which a decision on jurisdiction is necessary is filed , and arranging for notice to be given of the first application for the grant of legal aid or procedural costs assistance ; if notice is arranged shortly after the filing of the application , the suspension of the limitation period takes effect immediately when the application is filed . |
| BGB 498. 1 With regard to a loan that is to be repaid in instalments , the lender may only give notice of termination on account of the default in payment of the borrower if the borrower is in default in the payment of at least two consecutive instalments in whole or in part and by at least ten per cent , in the case of a consumer loan contract running for more than three years by five per cent , of the nominal amount of the loan or of the instalment price , and the lender has without result given the borrower a period of two weeks for payment of the amount in arrears and has declared that in the case of failure to pay within the period , the lender will demand the entire residual debt . At the latest when the lender specifies a period of time , the lender is to offer to the borrower to discuss the possibility of an arrangement by mutual consent . |
| BGB 593. 1 If , after the usufructuary lease is entered into , the circumstances that were decisive for the determination of the performance under the lease change with lasting effect in such a way that the mutual duties are in a gross disparity to each other , then each party to the contract may demand an amendment of the lease , with the exception of the duration of the lease . If , as a result of the cultivation of the leased property by the lessee , its income improves or deteriorates , then , to the extent not otherwise agreed , an amendment of the lease may not be demanded . |
| BGB 779. 1 A contract by which a dispute or uncertainty of the parties with regard to a legal relationship is removed by way of mutual concession ( settlement ) is ineffective if the fact situation used as a basis according to the contents of the contract does not correspond to reality and the dispute or uncertainty would not have occurred if the facts had been known . |
| |