Purchase obligation
A purchase obligation is in the economy of a Contracting Party assumed obligation to acceptance of deliveries or services .
General
In contracts in which a service is provided step by step (such as the purchase contract ), the purchase obligation does not play a major role, because the acceptance must be fulfilled immediately with the consideration . However, if, for example, the supplier has performed his work and his buyer has not yet paid the purchase price, the supplier has a payment risk due to his supplier credit . In order to avoid this, the law regulates this form of purchase obligation.
cases
In the purchase contract , the buyer is obliged to pay the seller the agreed purchase price and to accept the purchased item in accordance with Section 433 (2) BGB . The contract for work stipulates in Section 640 (1) BGB that the client is obliged to accept as soon as the work is free of defects. With the acceptance, the client expresses that he essentially recognizes the work as being in accordance with the contract. With this acceptance the remuneration is also due ( § 641 Abs. 1 BGB), and the transfer of risk occurs ( § 644 Abs. 1 BGB). Acceptance periods after receipt of the consideration are only permitted within the limits of § 271a BGB. Purchase commitments are implicitly in beer supply agreement , framework agreement , multiple delivery contract or work performance contract or other continuing obligations before. In a book club , for example, the member undertakes to purchase a minimum number of books within a certain period of time (approximately every quarter ).
In banking , the loan approval usually contains an acceptance period within which a borrower must call up the loan, i.e. use it. If the borrower does not take the loan contrary to the agreement, then the lender is entitled to non-acceptance compensation . This purchase obligation is also legally a claim against the lender, which is assignable and also attachable . From facilities ( credit lines ), the banks as Underwriter their - with superior solvency provided - corporate customer for the purpose of emission of non-negotiable money market instruments ( English notes provide), purchase commitments may result for Institutes in case of non placement, according to § 27 RechKredV as contingent are too passive.
According to Section 11 (1) EEG, transmission system operators must immediately and physically purchase all electricity from renewable energies or mine gas that is sold in a form of sale in accordance with Section 21b (1) EEG.
The Junktimgeschäft ( English advance purchase ) is an international barter , which by an annular bartering is in between three or more states. The exporter delivers goods to an importer for foreign exchange . However, the exporter must enter into an obligation to purchase goods from the importer as a tied transaction, which the exporter sells to another buyer if there is no demand .
State acceptance guarantees
Purchase guarantees are legally not real guarantees because they are given by the obligated party himself and not by a third party . But if the state is the obligated party, there is an economic guarantee. In the case of non-functioning markets such as the agricultural market , the state intervenes as a buyer as part of state interventionism by setting a minimum price ( intervention price ) or reducing the supply by lowering agricultural subsidies to stabilize agricultural prices . This can lead to overproduction (“ butter mountain ”), which is associated with high storage costs . If the minimum price is not reached due to the excess supply , the state has to buy up the agricultural product on the basis of its purchase guarantee until the minimum price is reached.
Individual evidence
- ↑ Martin Loderer / Christian Voit / Uwe Morchutt, The construction site manual of acceptance , 2006, p. 80 ff.
- ↑ Michael Kollmannsberger, Book Associations in the German Book Market , 1995, p. 205
- ↑ BGH, judgment of March 12, 1991, Az .: XI ZR 190/90 = NJW 1991, 1817
- ↑ Alexander Rieder, Off-balance sheet transactions , 2013, p. 18
- ↑ Ulli Guckelsberger / Stefan Kronenberger, Grundzüge der Volkswirtschaftslehre , 2009, p. 183
- ↑ Heinz J. Aubeck, Business Mathematics for School and Training , 2019, p. 506
