Loan (Austria)
In Austrian law of obligations, a loan agreement is a contract in accordance with Section 983 ABGB . According to this, “the lender undertakes to hand over reasonable items to the borrower with the stipulation that the borrower can dispose of the items at his discretion. The borrower is obliged to return as many items of the same type and quality to the lender at the latest after the end of the contract ”.
Legal history
Until 2010, the loan contract was designed as a real contract based on the mutuum of Roman law . As part of the implementation of the Consumer Credit Directive 2008/48 / EC, OJ 2008 L 133 S66, the legislature decided to reform the loan law, which came into force on June 11, 2010 and affects all contracts concluded after June 10, 2010 were.
Contract type
Austrian law covers both loans in kind and money under the term loan: the only requirement under Section 984 of the Austrian Civil Code is that the matter must be justifiable . According to the new dogmatics, the loan is now a consensual agreement . It is at the same time the acquisition of property according to § 1461 ABGB, as far as the lender is the owner or the requirements of the acquisition from the unauthorized person according to §§ 367 f. ABGB exist.
literature
- Irmgard Griss : Twenty-first main part - From the loan agreement . In: Helmut Koziol , Peter Bydlinski , Raimund Bollenberger (eds.): Brief commentary on the ABGB . 3. Edition. Springer, Vienna / New York 2010, ISBN 978-3-7091-0171-1 , doi : 10.1007 / 978-3-211-71643-4_28 .
Individual evidence
- ↑ a b Irmgard Griss : Twenty-first main part - From the loan agreement . In: Helmut Koziol , Peter Bydlinski , Raimund Bollenberger (eds.): Brief commentary on the ABGB . 3. Edition. Springer, Vienna / New York 2010, doi : 10.1007 / 978-3-211-71643-4_28 .