5942
=U3= Sec241 -- Section 241 Duties arising from an obligation
--
=S=> BGB 241. 1 By virtue of an obligation an obligee is entitled to claim performance from the obligor . The performance may also consist in forbearance .
=S=> BGB 241. 2 An obligation may also , depending on its contents , oblige each party to take account of the rights , legal interests and other interests of the other party .
=U3= Sec241a -- Section 241a Unsolicited performance* )
--
=S=> BGB 241a. 1 The supply of unsolicited things or the provision of other unsolicited services to a consumer by an entrepreneur does not create a claim against the consumer .
=S=> BGB 241a. 2 Statutory claims are not excluded if the performance was not intended for the receiver or was made in the mistaken belief that there had been an order , and the receiver was aware of this or could have been aware of this if he had taken reasonable care .
=S=> BGB 241a. 3 Performance is not unsolicited if the consumer , instead of the performance ordered , is offered performance of equal value in quality and price , and it is pointed out to him that he is not obliged to accept it and does not have to bear the costs of return shipment .
=S=> BGB 241a.* ) Official note : This provision serves to implement Article 9 of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts ( OJ L 144 , p . 19 ) .
=U3= Sec242 -- Section 242 Performance in good faith
--
=S=> BGB 242 An obligor has a duty to perform according to the requirements of good faith , taking customary practice into consideration .
=U3= Sec243 -- Section 243 Obligation in kind
--
=S=> BGB 243. 1 A person who owes a thing defined only by class must supply a thing of average kind and quality .
=S=> BGB 243. 2 If the obligor has done what is necessary on his part to supply such a thing , the obligation is restricted to that thing .
=U3= Sec244 -- Section 244 Foreign currency obligation
--
=S=> BGB 244. 1 If a money debt stated in a currency other than the euro is payable within the country , then payment may be made in euros unless payment in the other currency has been expressly agreed .
=S=> BGB 244. 2 Conversion occurs at the rate of exchange in effect in the place of payment at the time of payment .
=U3= Sec245 -- Section 245 Obligation payable in a specific denomination of money
--
=S=> BGB 245 If a money debt is payable in a specific denomination of coin which is no longer in circulation at the time of payment , payment is to be made in the same way as if the denomination of coin were not specified .
=U3= Sec246 -- Section 246 Statutory interest rate
--
=S=> BGB 246 If interest is payable on a debt by law or under a legal transaction , the rate of interest is four per cent per year , unless otherwise provided .
=U3= Sec247* )
-- Section 247* ) Basic rate of interest
--
=S=> BGB 247*). 1 The basic rate of interest is 3.62%.** ) It changes on 1 January and 1 July each year by the percentage points by which the reference rate has risen or fallen since the last change in the basic rate of interest . The reference rate is the rate of interest for the most recent main refinancing operation of the European Central Bank before the first calendar day of the relevant six-month period .
=S=> BGB 247*). 2 The Deutsche Bundesbank announces the effective basic rate of interest in the Federal Gazette without undue delay after the dates referred to in subsection ( 1 ) sentence 2 above . ** )
=S=> BGB 247*).* ) Official note : This provision serves to implement Article 3 of Directive 2000/35/EC of the European Parliament and of the Council of 29 June 2000 on combating late payment in commercial transactions ( OJ L 200 , p . 35 ) .
=S=> BGB 247*).** ) Since the following dates the basic rate of interest has been 1. 1:2002 2. 57% ( public notice of 2001-12-28 , Fed . Gazette 2002 no . 3 p . 98 ) ; 1. 7:2002 2. 47% ( public notice of 2002-6-25 , Fed . Gazette no . 118 p . 14537 ) ; 1. 1:2003 1. 97% ( public notice of 2002-12-30 , Fed . Gazette 2003 no . 2 p . 76 ) ; 1. 7:2003 1. 22% ( public notice of 2003-6-24 , Fed . Gazette no . 117 p . 13744 ) ; 1. 1:2004 1. 14% ( public notice of 2003-12-30 , Fed . Gazette 2004 no . 2 p . 69 ) ; 1. 7:2004 1. 13% ( public notice of 2004-7-3 , Fed . Gazette no . 122 p . 14246 ) ; 1. 1:2005 1. 21% ( public notice of 2004-12-30 , Fed . Gazette 2005 no . 1 p . 6 ) ; 1. 7:2005 1. 17% ( public notice of 2005-6-28 , Fed . Gazette no . 122 p . 10042 ) ; 1. 1:2006 1. 37% ( public notice of 2005-12-29 , Fed . Gazette 2006 no . 1 p . 2 ) ; 1. 7:2006 1. 95% ( public notice of 2006-6-27 , Fed . Gazette no . 119 p . 4754 ) ; 1. 1:2007 2. 70% ( public notice of 2006-12-28 , Fed . Gazette no . 245 p . 7463 ) .
=S=> BGB 247*).*** ) Since the following dates the basic rate of interest has been 1. 1:2002 2. 57% ( public notice of 2001-12-28 , Fed . Gazette 2002 no . 3 p . 98 ) ; 1. 7:2002 2. 47% ( public notice of 2002-6-25 , Fed . Gazette no . 118 p . 14537 ) ; 1. 1:2003 1. 97% ( public notice of 2002-12-30 , Fed . Gazette 2003 no . 2 p . 76 ) ; 1. 7:2003 1. 22% ( public notice of 2003-6-24 , Fed . Gazette no . 117 p . 13744 ) ; 1. 1:2004 1. 14% ( public notice of 2003-12-30 , Fed . Gazette 2004 no . 2 p . 69 ) ; 1. 7:2004 1. 13% ( public notice of 2004-7-3 , Fed . Gazette no . 122 p . 14246 ) ; 1. 1:2005 1. 21% ( public notice of 2004-12-30 , Fed . Gazette 2005 no . 1 p . 6 ) ; 1. 7:2005 1. 17% ( public notice of 2005-6-28 , Fed . Gazette no . 122 p . 10042 ) ; 1. 1:2006 1. 37% ( public notice of 2005-12-29 , Fed . Gazette 2006 no . 1 p . 2 ) ; 1. 7:2006 1. 95% ( public notice of 2006-6-27 , Fed . Gazette no . 119 p . 4754 ) ; 1. 1:2007 2. 70% ( public notice of 2006-12-28 , Fed . Gazette no . 245 p . 7463 ) .
=U3= Sec248 -- Section 248 Compound interest
--
=S=> BGB 248. 1 An agreement reached in advance that interest due should in turn bear interest is void .
=S=> BGB 248. 2 Savings banks , credit institutions and owners of banking businesses may agree in advance that interest not collected on deposits should be held to be fresh interest-bearing deposits . Credit institutions entitled to issue interest-bearing bonds for the amount of the loans granted by them may , for such loans , have commitments made to them in advance to pay interest on interest in arrears .
=U3= Sec249 -- Section 249 Nature and extent of damages
--
=S=> BGB 249. 1 A person who is liable in damages must restore the position that would exist if the circumstance obliging him to pay damages had not occurred .
=S=> BGB 249. 2 Where damages are payable for injury to a person or damage to a thing , the obligee may demand the required monetary amount in lieu of restoration . When a thing is damaged , the monetary amount required under sentence 1 only includes value-added tax if and to the extent that it is actually incurred .
=U3= Sec250 -- Section 250 Damages in money after the specification of a period of time
--
=S=> BGB 250 The obligee may specify a reasonable period of time for the person liable in damages to undertake restoration and declare that he will reject restoration after the period of time ends . After the end of the period of time the obligee may demand damages in money , if restoration does not occur in good time ; the claim to restoration is excluded .
=U3= Sec251 -- Section 251 Damages in money without the specification of a period of time
--
=S=> BGB 251. 1 To the extent that restoration is not possible or is not sufficient to compensate the obligee , the person liable in damages must compensate the obligee in money .
=S=> BGB 251. 2 The person liable in damages may compensate the obligee in money if restoration is only possible with disproportionate expenses . Expenses incurred as a result of the curative treatment of an injured animal are not disproportionate merely because they significantly exceed the value of the animal .
=U3= Sec252 -- Section 252 Lost profits
--
=S=> BGB 252 The damage to be compensated for also comprises the lost profits . Those profits are considered lost that in the normal course of events or in the special circumstances , particularly due to the measures and precautions taken , could probably be expected .
=U3= Sec253 -- Section 253 Intangible damage
--
=S=> BGB 253. 1 Money may be demanded in compensation for any damage that is not pecuniary loss only in the cases stipulated by law .
=S=> BGB 253. 2 If damages are to be paid for an injury to body , health , freedom or sexual self-determination , reasonable compensation in money may also be demanded for any damage that is not pecuniary loss .
=U3= Sec254 -- Section 254 Contributory negligence
--
=S=> BGB 254. 1 Where fault on the part of the injured person contributes to the occurrence of the damage , liability in damages as well as the extent of compensation to be paid depend on the circumstances , in particular to what extent the damage is caused mainly by one or the other party .
=S=> BGB 254. 2 This also applies if the fault of the injured person is limited to failing to draw the attention of the obligor to the danger of unusually extensive damage , where the obligor neither was nor ought to have been aware of the danger , or to failing to avert or reduce the damage . The provision of section 278 applies with the necessary modifications .
=U3= Sec255 -- Section 255 Assignment of claims to compensation
--
=S=> BGB 255 A person who must pay damages for the loss of a thing or a right is only obliged to compensate in return for the assignment of the claims which the person entitled to damages holds against third parties on the basis of ownership of the thing or on the basis of the right .
=U3= Sec256 -- Section 256 Payment of interest on expenses
--
=S=> BGB 256 A person who is obliged to reimburse expenses must pay interest from the date of the expense onwards on the amount expended or , if other objects than money have been expended , on the amount payable as compensation for their value . Where expenses have been incurred on an object that must be returned to the person liable in damages , interest need not be paid for the period of time for which the person entitled to damages is unremunerated for the emoluments or fruits of the object .
=U3= Sec257 -- Section 257 Claim for release
--
=S=> BGB 257 A person who is entitled to demand reimbursement of expenses he incurs for a specific purpose may , if he assumes an obligation for this purpose , demand release from the obligation . If the obligation is not yet due , the person liable in damages may provide security to him instead of releasing him from the obligation .
=U3= Sec258 -- Section 258 Right of removal
--
=S=> BGB 258 Anyone entitled to remove an installation from a thing that he must return to another person must in the event of removal restore the thing to its previous condition at his own expense . If the other person obtains possession of the thing , he is obliged to permit the installation to be removed ; he may refuse permission until he is provided with security for the damage connected with the removal .
=U3= Sec259 -- Section 259 Extent of duty to render account
--
=S=> BGB 259. 1 A person who is obliged to render account for management related to earnings or expenses must provide the person entitled with an account containing an orderly compilation of earnings or expenses and , where receipts are customarily given , must submit receipts .
=S=> BGB 259. 2 Where there is reason to assume that the information on earnings contained in the account has not been provided with the requisite care the person obliged must , upon demand , declare for the record in lieu of an oath that he has indicated the earnings as completely as he is able to .
=S=> BGB 259. 3 In matters of minor importance there is no duty to make a declaration in lieu of an oath .
=U3= Sec260 -- Section 260 Duties when returning or providing information on an aggregate of objects
--
=S=> BGB 260. 1 A person who is obliged to return an aggregate of objects or to provide information on the inventory of such an aggregate must submit to the person entitled a list of the inventory .
=S=> BGB 260. 2 Where there is reason to assume that the list has not been prepared with the requisite care , the person obliged must upon demand declare for the record in lieu of an oath that to the best of his knowledge he has indicated the inventory as completely as he is able to .
=S=> BGB 260. 3 The provision of section 259 ( 3 ) applies .
=U3= Sec261 -- Section 261 Modifying a declaration in lieu of an oath ; costs
--
=S=> BGB 261. 1 The court may resolve to modify the declaration in lieu of an oath according to the circumstances .
=S=> BGB 261. 2 The costs of making the declaration in lieu of an oath must be borne by the person demanding the making of the declaration .
=U3= Sec262 -- Section 262 Alternative obligation ; right of choice
--
=S=> BGB 262 Where more than one act of performance is owed in such a manner that only the one or the other is to be effected , then in case of doubt , the obligor has the right of choice .
=U3= Sec263 -- Section 263 Exercise of the right of choice ; effect
--
=S=> BGB 263. 1 The right of choice is exercised by declaration to the other party .
=S=> BGB 263. 2 The performance chosen is deemed to have been the only performance owed from the beginning .
=U3= Sec264 -- Section 264 Default by the person entitled to the right of choice
--
=S=> BGB 264. 1 If the obligor entitled to the right of choice does not exercise that right prior to the beginning of execution , the obligee , at his choice , may direct execution to one performance or the other ; however , as long as the obligee has not received the performance chosen , completely or in part , the obligor may release himself from his obligation through one of the other acts of performance .
=S=> BGB 264. 2 If the obligee entitled to the right of choice is in default , the obligor may demand that he exercises that right , specifying a reasonable period of time . At the end of the period of time the right of choice passes to the obligor , if the obligee does not undertake the choice in good time .
=U3= Sec265 -- Section 265 Impossibility in case of alternative obligations
--
=S=> BGB 265 If one of the acts of performance is impossible from the beginning or if it later becomes impossible , the obligation is restricted to the other acts of performance . There is no restriction if performance becomes impossible due to a circumstance for which the party who is not entitled to the right of choice is responsible .
=U3= Sec266 -- Section 266 Part performance
--
=S=> BGB 266 The obligor is not entitled to render part performance .
=U3= Sec267 -- Section 267 Performance by third parties
--
=S=> BGB 267. 1 If the obligor need not perform in person , then a third party may also render performance . The consent of the obligor is not required .
=S=> BGB 267. 2 The obligee may reject the performance if the obligor objects .
=U3= Sec268 -- Section 268 Right of redemption of a third party
--
=S=> BGB 268. 3 To the extent that the third party satisfies the obligee the claim passes to him . The passing of ownership may not be asserted to the disadvantage of the creditor .
=U3= Sec269 -- Section 269 Place of performance
--
=S=> BGB 269. 1 Where no place of performance has been specified or is evident from the circumstances , in particular from the nature of the obligation , performance must be made in the place where the obligor had his residence at the time when the obligation arose .
=S=> BGB 269. 2 If the obligation arose in the commercial undertaking of the obligor , the place of the commercial undertaking takes the place of the residence if the obligor maintained his commercial undertaking at another place .
=S=> BGB 269. 3 From the circumstance that the obligor has assumed the costs of shipping it may not be concluded that the place to which shipment is to be made is to be the place of performance .
=U3= Sec270 -- Section 270 Place of payment
--
=S=> BGB 270. 1 In case of doubt the obligor must transfer money at his own risk and his own expense to the obligee at the residence of the latter .
=S=> BGB 270. 2 If the obligation came about in the commercial undertaking of the obligee , then , if the obligee has his business establishment in another place , the place of the commercial undertaking takes the place of the residence .
=S=> BGB 270. 3 If , as the result of a change in the obligee's residence or business establishment occurring after the obligation arises , the costs or risk of transmission increase , the obligee must in the former case bear the extra costs and in the latter case the risk .
=S=> BGB 270. 4 The provisions on the place of performance are unaffected .
=U3= Sec271 -- Section 271 Time of performance
--
=S=> BGB 271. 1 Where no time for performance has been specified or is evident from the circumstances , the obligee may demand performance immediately , and the obligor may effect it immediately .
=S=> BGB 271. 2 Where a time has been specified , then in case of doubt it must be assumed that the obligee may not demand performance , but the obligor may effect it prior to that time .
=U3= Sec272 -- Section 272 Interim interest
--
=S=> BGB 272 If the obligor pays an interest-free debt prior to its falling due , he is not entitled to any deduction for interim interest .
=U3= Sec273 -- Section 273 Right of retention
--
=S=> BGB 273. 1 If the obligor has a claim that is due against the obligee under the same legal relationship as that on which the obligation is based , he may , unless the obligation leads to a different conclusion , refuse the performance owed by him , until the performance owed to him is rendered ( right of retention ) .
=S=> BGB 273. 2 A person who is obliged to return an object has the same right , if he is entitled to a claim that is due on account of outlays for the object or on account of damage caused to him by the object , unless he obtained the object by means of an intentionally committed tort .
=S=> BGB 273. 3 The obligee may avert the exercise of the right of retention by providing security . The providing of security by guarantors is excluded .
=U3= Sec274 -- Section 274 Effects of the right of retention
--
=S=> BGB 274. 1 In comparison to a legal action by the obligee , assertion of the right of retention only has the effect that the obligor is to be ordered to render performance in return for receiving the performance owed to him ( concurrent performance ) .
=S=> BGB 274. 2 On the basis of such an order the obligee may pursue his claim by way of execution , without effecting the performance he owes , if the obligor is in default of acceptance .
=U3= Sec275 -- Section 275 Exclusion of the duty of performance* )
--
=S=> BGB 275. 1 A claim for performance is excluded to the extent that performance is impossible for the obligor or for any other person .
=S=> BGB 275. 2 The obligor may refuse performance to the extent that performance requires expense and effort which , taking into account the subject matter of the obligation and the requirements of good faith , is grossly disproportionate to the interest in performance of the obligee . When it is determined what efforts may reasonably be required of the obligor , it must also be taken into account whether he is responsible for the obstacle to performance .
=S=> BGB 275. 3 In addition , the obligor may refuse performance if he is to render the performance in person and , when the obstacle to the performance of the obligor is weighed against the interest of the obligee in performance , performance cannot be reasonably required of the obligor .
=S=> BGB 275. 4 The rights of the obligee are governed by sections 280 , 283 to 285 , 311a and 326.
=S=> BGB 275.* ) Official note : This provision also serves in part to implement Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees ( OJ L 171 , p . 12 ) .
=U3= Sec276 -- Section 276 Responsibility of the obligor
--
=S=> BGB 276. 1 The obligor is responsible for intention and negligence , if a higher or lower degree of liability is neither laid down nor to be inferred from the other subject matter of the obligation , including but not limited to the giving of a guarantee or the assumption of a procurement risk . The provisions of sections 827 and 828 apply with the necessary modifications .
=S=> BGB 276. 2 A person acts negligently if he fails to exercise reasonable care .
=S=> BGB 276. 3 The obligor may not be released in advance from liability for intention .
=U3= Sec277 -- Section 277 Standard of care in ones own affairs
--
=S=> BGB 277 A person who owes only the care that he customarily exercises in his own affairs is not released from liability for gross negligence .
=U3= Sec278 -- Section 278 Responsibility of the obligor for third parties
--
=S=> BGB 278 The obligor is responsible for fault on the part of his legal representative , and of persons whom he uses to perform his obligation , to the same extent as for fault on his own part . The provision of section 276 ( 3 ) does not apply .
=U3= Sec279 -- Section 279 repealed
--
=U3= Sec280 -- Section 280 Damages for breach of duty
--
=S=> BGB 280. 1 If the obligor breaches a duty arising from the obligation , the obligee may demand damages for the damage caused thereby . This does not apply if the obligor is not responsible for the breach of duty .
=S=> BGB 280. 2 Damages for delay in performance may be demanded by the obligee only subject to the additional requirement of section 286.
=S=> BGB 280. 3 Damages in lieu of performance may be demanded by the obligee only subject to the additional requirements of sections 281 , 282 or 283.
=U3= Sec281 -- Section 281 Damages in lieu of performance for nonperformance or failure to render performance as owed
--
=S=> BGB 281. 1 To the extent that the obligor does not render performance when it is due or does not render performance as owed , the obligee may , subject to the requirements of section 280 ( 1 ) , demand damages in lieu of performance , if he has without result set a reasonable period for the obligor for performance or cure . If the obligor has performed only in part , the obligee may demand damages in lieu of complete performance only if he has no interest in the part performance . If the obligor has not rendered performance as owed , the obligee may not demand damages in lieu of performance if the breach of duty is immaterial .
=S=> BGB 281. 2 Setting a period for performance may be dispensed with if the obligor seriously and definitively refuses performance or if there are special circumstances which , after the interests of both parties are weighed , justify the immediate assertion of a claim for damages .
=S=> BGB 281. 3 If the nature of the breach of duty is such that setting a period of time is out of the question , a warning notice is given instead .
=S=> BGB 281. 4 The claim for performance is excluded as soon as the obligee has demanded damages in lieu of performance .
=S=> BGB 281. 5 If the obligee demands damages in lieu of complete performance , the obligor is entitled to claim the return of his performance under sections 346 to 348.
=U3= Sec282 -- Section 282 Damages in lieu of performance for breach of a duty under section 241 ( 2 )
--
=S=> BGB 282 If the obligor breaches a duty under section 241 ( 2 ) , the obligee may , if the requirements of section 280 ( 1 ) are satisfied , demand damages in lieu of performance , if he can no longer reasonably be expected to accept performance by the obligor .
=U3= Sec283 -- Section 283 Damages in lieu of performance where the duty of performance is excluded
--
=S=> BGB 283 If , under section 275 ( 1 ) to ( 3 ) , the obligor is not obliged to perform , the obligee may , if the requirements of section 280 ( 1 ) are satisfied , demand damages in lieu of performance . Section 281 ( 1 ) sentences 2 and 3 and ( 5 ) apply with the necessary modifications .
=U3= Sec284 -- Section 284 Reimbursement of futile expenses
--
=S=> BGB 284 In place of damages in lieu of performance , the obligee may demand reimbursement of the expenses which he has made and in all fairness was entitled to make in reliance on receiving performance , unless the purpose of the expenses would not have been achieved , even if the obligor had not breached his duty .
=U3= Sec285 -- Section 285 Return of reimbursement
--
=S=> BGB 285. 1 If the obligor , as a result of the circumstance by reason of which , under section 275 ( 1 ) to ( 3 ) , he has no duty of performance , obtains reimbursement or a claim to reimbursement for the object owed , the obligee may demand return of what has been received in reimbursement or an assignment of the claim to reimbursement .
=S=> BGB 285. 2 If the obligee may demand damages in lieu of performance , then , if he exercises the right stipulated in subsection ( 1 ) above , the damages are reduced by the value of the reimbursement or the claim to reimbursement he has obtained .
=U3= Sec286 -- Section 286 Default of the obligor* )
--
=S=> BGB 286. 1 If the obligor , following a warning notice from the obligee that is made after performance is due , fails to perform , he is in default as a result of the warning notice . Bringing an action for performance and serving a demand for payment in summary debt proceedings for recovery of debt have the same effect as a warning notice .
=S=> BGB 286. 2 There is no need for a warning notice if a period of time according to the calendar has been specified , performance must be preceded by an event and a reasonable period of time for performance has been specified in such a way that it can be calculated , starting from the event , according to the calendar , the obligor seriously and definitively refuses performance , for special reasons , weighing the interests of both parties , the immediate commencement of default is justified .
=S=> 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 .
=S=> BGB 286. 4 The obligor is not in default for as long as performance is not made as the result of a circumstance for which he is not responsible .
=S=> BGB 286.* ) Official note : This provision also serves in part to implement Directive 2000/35/EC of the European Parliament and of the Council of 29 June 2000 on combating late payment in commercial transactions ( OJ L 200 , p . 35 ) .
=U3= Sec287 -- Section 287 Liability during default
--
=S=> BGB 287 While he is in default , the obligor is responsible for all negligence . He is liable for performance in the case of chance as well , unless the damage would have occurred even if performance had been made in good time .
=U3= Sec288 -- Section 288 Default interest* )
--
=S=> BGB 288. 1 Any money debt must bear interest during the time of default . The default rate of interest per year is five percentage points above the basic rate of interest .
=S=> BGB 288. 2 In the case of legal transactions to which a consumer is not a party the rate of interest for claims for payment is eight percentage points above the basic rate of interest .
=S=> BGB 288. 3 The obligee may demand higher interest on a different legal basis .
=S=> BGB 288. 4 The assertion of further damage is not excluded .
=S=> BGB 288.* ) Official note : This provision also serves in part to implement Directive 2000/35/EC of the European Parliament and of the Council of 29 June 2000 on combating late payment in commercial transactions ( OJ L 200 , p . 35 ) .
=U3= Sec289 -- Section 289 Prohibition of compound interest
--
=S=> BGB 289 Default interest is not to be paid on interest . The right of the obligee to compensation for damage caused by the default remains unaffected .
=U3= Sec290 -- Section 290 Interest on compensation for value
--
=S=> BGB 290 If the obligor is obliged to compensate for the value of an object that has been destroyed during a period of default or cannot be returned for a reason occurring during a period of default , the obligee may demand interest on the amount to be paid as compensation from the point of time onwards on which the determination of the value is based . The same applies if the obligor is obliged to compensate for the reduction in value of an object that deteriorates during the period of default .
=U3= Sec291 -- Section 291 Interest during legal proceedings
--
=S=> BGB 291 The obligor must pay interest on a money debt from the date when litigation is pending onwards , even if he is not in default ; if the debt only falls due later , interest must be paid from its due date onwards . The provisions of section 288 ( 1 ) sentence 2 , ( 2 ) and ( 3 ) and section 289 sentence 1 apply with the necessary modifications .
=U3= Sec292 -- Section 292 Liability in the case of a duty to return
--
=S=> BGB 292. 1 If the obligor must return a specific object , then , from the date when litigation is pending , the claim to damages of the obligee for deterioration , destruction or for impossibility of return for another reason is determined under the provisions that apply to the relationship between an owner and a possessor from the date when litigation on a claim to ownership is pending , except where the obligation or the default of the obligor leads to a different conclusion in favour of the obligee .
=S=> BGB 292. 2 The same applies to the claim of the obligee to the return or payment of emoluments and to the claim of the obligor to compensation for outlays .
|
