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Fachbebietfehlt Trennung: residual
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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 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 498. 2 If the lender terminates the consumer loan contract , the residual debt is reduced by the interest and other charges dependent on the duration of the loan which , if graduated calculation is used , apply to the period after the termination becomes effective .