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=U4= Kap1 -- Chapter 1 General provisions
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=U5= Sec675 -- Section 675 Nongratuitous management of the affairs of another
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=S=> BGB 675. 1 The provisions of sections 663 , 665 to 670 and 672 to 674 apply to a service contract or a contract to produce a work dealing with the management of the affairs of another to the extent that nothing else is provided in this subtitle and , if the person obliged is entitled to terminate without complying with a notice period , the provisions of section 671 ( 2 ) also apply with the necessary modifications .
=S=> BGB 675. 2 A person who gives another person advice or a recommendation , notwithstanding the responsibility that arises from a contractual relationship , a tort or another statutory provision , is not obliged to pay compensation for the damage arising from following the advice or the recommendation .
=U5= Sec675a -- Section 675a Duties to provide information
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=S=> BGB 675a. 1 A person who is officially appointed to manage the affairs of others or publicly offers to do so provides , for regularly occurring standardised business transactions ( standard transactions ) , in writing , or in appropriate cases also electronically , and gratuitously , information on fees and expenses for such transactions , to the extent that a price is not determined in accordance with section 315 or the fees and expenses are subject to binding statutory provisions . Banking institutions ( section 1 ( 1 ) of the German Banking Act [ Gesetz über das Kreditwesen ] ) must additionally provide information on transaction periods , value dates , reference rates for bank transfers and additional details specified in the statutory order under Article 239 of the Introductory Act to the Civil Code [ Einführungsgesetz zum Bürgerlichen Gesetzbuch ] , in the form provided for there ; this does not apply to bank transfers of the type designated in section 676c ( 3 ) .
=S=> BGB 675a. 2 The following are equivalent to banking institutions within the meaning of this title : the Deutsche Bundesbank , other enterprises that carry out bank transfers on a commercial basis , and domestic branch offices of banking institutions and other enterprises with their seat abroad that carry out bank transfers on a commercial basis .
=U5= Sec676 -- Section 676 Termination of transfer contracts
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=S=> BGB 676 The termination of a contract for the management of the affairs of another whose subject matter is the forwarding of securities or of claims to the delivery of securities by way of booking or by other means ( transfer contract ) is only effective if it is notified to the custodian enterprise of the beneficiary in such good time that the notice of termination , if the appropriate care is exercised , can be taken into account prior to booking to the securities account of the beneficiary . The securities or the claims to delivery of securities are in this case to be returned to the enterprise originally entrusted with them . In connection with securities delivery and clearing systems , a transfer contract may , notwithstanding sentence 1 , no longer be terminated after the time specified in the rules of the system .
=U4= Kap2 -- Chapter 2 Bank transfer contract
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=U5= Sec676a -- Section 676a Typical contractual duties ; notice of termination
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=S=> BGB 676a. 1 By a bank transfer contract , the banking institution ( transferring banking institution ) is put under a duty to the person who orders the transfer ( transferor ) to make a specified amount of money available to the beneficiary for credit to the account of the beneficiary at the transferring banking institution ( bank transfer ) and to supply information on the identity of the transferor and a purpose of the transfer , to the customary extent . If the credit is to be made by another banking institution , the transferring banking institution is obliged to transfer the bank transfer amount in good time and , to the extent that nothing else has been agreed , without deduction to the banking institution of the beneficiary directly or with the participation of intermediate banking institutions for this purpose and to forward the information specified in sentence 1. The transferor may , to the extent agreed , alternatively provide the banking institution with the monetary amount to be transferred in cash .
=S=> BGB 676a. 2 To the extent that no other periods of time are agreed , bank transfers are to be executed as soon as possible . The following : cross-border bank transfers in Member States of the European Union and in contracting states to the Agreement on the European Economic Area that are denominated in the currency or currency unit of those states or in euros , to the extent that nothing else has been agreed , within five working days on which all concerned banking institutions are customarily open for business , with the exception of Saturdays ( banking days ) to the account of the banking institution of the beneficiary , bank transfers within the country in domestic currency at the latest within three banking days to the account of the banking institution of the beneficiary , and bank transfers in domestic currency within a main office or branch office of a banking institution at the latest within one banking day , other intra-bank transfers at the latest within two banking days to the account of the beneficiary are to be executed ( transaction period ) . The period commences , to the extent not otherwise agreed , at the end of the day on which the name of the beneficiary , his account , his banking institution and other information required for carrying out the bank transfer are available to the transferring banking institution and a credit balance sufficient to carry out the bank transfer is available or sufficient credit has been granted .
=S=> BGB 676a. 3 After this , the transferring banking institution may only terminate the bank transfer contract without indicating any reasons as long as the transaction period has not yet begun if insolvency proceedings have been commenced in relation to the assets of the transferor or if a credit required to carry out the bank transfer has been terminated . In connection with payment systems , a bank transfer may , notwithstanding sentence 1 , no longer be terminated after the time determined in the rules of the system .
=S=> BGB 676a. 4 The transferor may terminate the bank transfer contract at any time prior to commencement of the transaction period , but after this he may only give notice if the banking institution of the beneficiary is notified of the termination by the time at which the transfer amount is finally made available to this banking institution for credit to the account of the beneficiary . In connection with payment systems , a bank transfer may , notwithstanding sentence 1 , no longer be terminated after the time determined in the rules of the system . The transferring banking institution must arrange for the banking institution of the beneficiary to be informed of a termination without delay .
=U5= Sec676b -- Section 676b Liability for late execution, money-back guarantee
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=S=> BGB 676b. 1 If the bank transfer is not executed until after the end of the transaction period , then the transferring banking institution must pay interest to the transferor on the bank transfer amount for the duration of the delay unless the transferor or the beneficiary is responsible for the delay . The rate of interest is five percentage points per annum above the basic rate of interest . BGB 676b. 2 The transferring banking institution must without additional charges and expenses and at the option of the transferor either return to the transferor or transfer to the beneficiary any amounts retained by itself or by one of the intermediate banking institutions contrary to the transfer contract . BGB 676b. 3 The transferor may demand the return of the transfer amount up to an amount of 12,500 euros ( guarantee amount ) plus fees and expenses already paid for the transfer if the transfer has been executed neither by the end of the transaction period nor within an additional period of time of fourteen banking days from the demand of the transferor for return on . The transfer amount is in this case to bear interest from the commencement of the transaction period up to crediting of the guarantee amount to the account of the transferor at the rate of interest specified in subsection ( 1 ) sentence 2. Upon demand for return by the transferor and the end of the additional period of time the bank transfer contract is deemed to be terminated . The banking institution is entitled to terminate the contract if the banking institution cannot reasonably be expected to continue the contract , weighing the interests of both parties , provided it has paid the guarantee amount or pays it simultaneously . The tr ansferor need not , in the cases cited in sentences 3 and 4 , pay the agreed fees and expenses . Claims under this subsection do not exist if the bank transfer has not been executed because the transferor has given the transferring banking institution erroneous or incomplete instructions or if an intermediate bank expressly specified by the transferor has failed to execute the bank transfer . In the second case of sentence 6 , the banking institution expressly specified by the transferor is liable to the transferor in the place of the transferring banking institution . BGB 676b. 4 Claims under subsections ( 1 ) to ( 3 ) are excluded if force majeure is the cause of the error in the processing of the bank transfer .
=U5= Sec676c -- Section 676c No-fault liability ; other claims
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=S=> 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 .
=S=> BGB 676c. 2 In the cases cited in subsection ( 1 ) sentence 3 half-sentence 2 , the intermediate banking institution specified by the transferor is liable instead of the transferring banking institution .
=S=> BGB 676c. 3 To the extent not otherwise stipulated , there may be no provisions deviating to the disadvantage of the transferor from those of sections 675 ( 1 ) , 676a and 676b and subsection ( 1 ) whose transferor is a banking institution , that exceed the amount of 75,000 euros , or that are to be credited to an account at a banking institution with its seat outside the European Union and the European Economic Area .
=U4= Kap3 -- Chapter 3 Interbank payment contract
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=U5= Sec676d -- Section 676d Typical contractual duties in an interbank payment contract
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=S=> BGB 676d. 1 By an interbank payment contract , an intermediate banking institution puts itself under a duty to another banking institution to forward a bank transfer amount , using credit transfer operations , to another banking institution or to the banking institution of the beneficiary .
=S=> BGB 676d. 2 The banking institution of the beneficiary is obliged to return the bank transfer amount to the transferring banking institution if it receives a notification to this effect from the transferring banking institution prior to receipt of the amount . In payment settlement systems , notice of termination need not be heeded from the point of time stipulated in the rules of the system on .
=U5= Sec676e -- Section 676e Equalisation claims
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=S=> BGB 676e. 1 If the cause for a late execution of a bank transfer lies in the area of responsibility of an intermediate banking institution , then the intermediate banking institution must compensate for the damage incurred by the transferring banking institution in fulfilment of the claims of the transferor under section 676b ( 1 ) .
=S=> BGB 676e. 2 The intermediate banking institution must with no additional charges and expenses , at the option of the transferring banking institution , either return to the transferring banking institution or transfer to the beneficiary the amounts retained by itself contrary to the transfer contract .
=S=> BGB 676e. 3 The banking institution that entered into an interbank payment contract with the transferring banking institution is obliged to return to the transferring banking institution the payments made that the transferring banking institution was obliged to make to the transferor under section 676b ( 3 ) . Each intermediate banking institution is obliged to return the payments made under sentence 1 or under this provision to the banking institution with which it entered into an interbank payment contract to forward the bank transfer . If the bank transfer is not executed because a banking institution has issued erroneous or incomplete instructions to the intermediate banking institution it instructed , then the claim of the former banking institution to reimbursement is excluded under sentences 1 and 2. The banking institution responsible for the error must compensate the transferring banking institution for the more extensive loss incurred by it in fulfilment of its duties under section 676c ( 1 ) .
=S=> BGB 676e. 4 Banking institutions involved in forwarding a transfer amount and not liable for compensation must independently research the whereabouts of the transfer amount and return the transfer amount they trace to the person entitled to the claim , less reasonable compensation for their research .
=S=> BGB 676e. 5 Where claims fail because the transferor specified the banking institution commissioned with forwarding , then the banking institution must put the transferor in the same position he would be in if section 676b ( 3 ) applied . Apart from this , section 676b ( 4 ) applies with the necessary modifications .
=U4= Kap4 -- Chapter 4 Current account contract
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=U5= Sec676f -- Section 676f Typical contractual duties in a current account contract
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=S=> BGB 676f By a current account contract , the banking institution is put under a duty to open an account for the customer , to credit incoming payments to the account and to process completed bank transfer contracts to the debit of this account . The banking institution must notify the customer of any information relating to the person of the transferor and of the purpose of the bank transfer that is forwarded .
=U5= Sec676g -- Section 676g Credit claim of the customer
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=S=> BGB 676g. 1 If a transfer amount has been received by the banking institution of the customer , the banking institution must credit this amount to the customer within the agreed period of time or , if there is no agreement on a period of time , within one banking day after the day on which the amount was credited to the banking institution , unless prior to receipt of the transfer amount it received notification under section 676d ( 2 ) sentence 1. If the amount transferred is not credited to the account of the customer in good time , then the banking institution must pay the customer interest on the transfer amount for the duration of the delay , unless the transferor or the customer is responsible for the delay . Section 676b ( 1 ) sentence 2 applies . The credit , even if it is made subsequently , must be undertaken in such a way that value dating of the incoming amount on the customer's account , to the extent not otherwise agreed with entrepreneurs , coincides with the date on which the amount is made av ailable to the banking institution .
=S=> BGB 676g. 2 If the banking institution , when it credits the amount to the account of the customer , has in breach of contract reduced the transfer amount , then it must credit the deficit to the beneficiary free of fees and expenses . The claim of the banking institution to a fee agreed in the current account contract for the crediting of incoming payments remains unaffected .
=S=> BGB 676g. 3 If an interbank payment contract is not executed by a banking institution that has been instructed to receive it by the banking institution of the beneficiary , then the latter must credit its customer with the transfer amount up to an amount of 12,500 euros without additional fees and charges .
=S=> 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 .
=S=> BGB 676g. 5 To the extent not otherwise provided there , deviation from the provisions of subsection ( 1 ) to ( 4 ) to the disadvantage of the beneficiary is only allowed in the case of bank transfers of the type specified in section 676c ( 3 ) .
=U5= Sec676h -- Section 676h Abuse of payment cards* )
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=S=> BGB 676h The banking institution may only demand reimbursement of expenses for use of payment cards or of their data if the latter have not been abused by a third party . If the payment card is not based on a current account contract but another contract for the management of the affairs of another , sentence 1 applies with the necessary modifications to the issuer of the card .
=S=> BGB 676h.* ) Official note : This provision serves to implement Article 8 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 ) .
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