Bank details
Under bank is understood in the economy and in payments , the account-holding bank of a payee or payer .
General
Bank connections are business connections between credit institutions and non-banks ( private households , companies , other associations of persons , public administration ). Bank details are required when the non-banks need to conduct banking . This already begins with the cash deposit or cash payout if only one of the parties involved in a payment transaction has a current account with a bank (recipient or debtor). In many everyday cases, a cash payment may also be excluded as a performance ( contractual in employment and rental contracts ; by law, for example in Section 224 (3) sentence 1 AO , Section 51 (1) BAföG , Section 117 (1) sentence 2 ZVG ) . The cashless payment transactions is, however, characterized in that both involved bank accounts - that is, a bank account - must have.
Legal issues
In order for the debtor to be able to fulfill his payment obligation cashlessly, he needs the details of his creditor's bank details . In the case of a transfer , the success of the service required for the fulfillment will only be achieved in the absence of any other agreement if the obligee finally receives the amount owed at his free disposal . This is the case when the transferred amount is credited to the creditor's account and the creditor has sole power of disposal over the account (ie individual account or "or" account for the joint account ). The prevailing opinion sees in cashless payment transactions a place of fulfillment performance because not owed money , but book money was paid. This service in lieu of fulfillment requires an agreement between the creditor and the debtor ( Section 364 (1) BGB), which can be implied by specifying the bank details. The bank details for the debtor can be found in the terms of payment , in the letterhead of business letters or in the recipient's invoice . The repayment effect occurs through the performance of the fulfillment on the specified bank account .
Minimum information
Due to the changeover of payment transactions to SEPA , the name / address of the payee and the international bank account number (IBAN) have been required in all EU member states (and Switzerland , Iceland , Liechtenstein and Norway ) since February 1, 2017 . This applies to both domestic transfers and international transfers within the stated countries. Previously, from February 1, 2014, the business identifier code (BIC) was temporarily required for international transfers within the SEPA area . While SEPA transfers can also be processed in online banking , the payment order form in foreign trade must be used in Germany for international payments . The addresses of the bank, account holder and payee must also be entered here, as well as any foreign currency in which the payment is to be made. IBAN and BIC or the SWIFT code are also used here as bank data .
statistics
In 1973, 73.3% of those surveyed in Germany used only one bank account ( house bank ) for their banking transactions , in 1980 it was 67%, in 1984 it was 65%, in 1989 their share fell to 61%, in 2006 there were only 48, 5%. In 2009, people without a bank account made up 80% of the population in Sub-Saharan Africa , followed by the Arab states (67%), Latin America (65%), South and East Asia (59%), Central Asia / Eastern Europe (49%) ) and the high-income OECD countries (8%). In Germany, however, only 0.8% of the population had no bank account.
Web links
Individual evidence
- ↑ Guido Toussaint, The Law of Payment Transactions , 2009, p. 11
- ↑ BGH NJW 199, 210
- ↑ BGHZ 103, 143, 146 = NJW 1988, 1320
- ↑ Peter Schlechtriem, Law of Obligations, General Part , 2005, p. 185
- ↑ Peter Schlechtriem, Law of Obligations: General Part , 2005, p. 185
- ^ Infratest: Finanzmarkt-Datenservice, F inanzforschung 1973 ; Association of PSD Banks V. of April 4, 2006, Infratest survey: Conditions are more important than loyalty to the house bank, modern bank customers no longer need a nationwide branch network
- ↑ Statista The Statistics Portal, People Without Bank Details , 2009