Del credere
Under Delkredere (of Italian del credere , faith ') is generally understood as the risk of bad debt and especially in commercial law a special kind of guarantee contract , which at commercial agents and commission agents occurs. The commission agent assumes the direct personal liability incumbent on him vis-à-vis the principal (and the commercial agent vis-à-vis his principal) for the obligations of the contractual partner from the business concluded by him in the form of a guarantee for the receipt of the claim.
Legal issues
In common parlance, the term del credere risk is used when referring to the risk of bad debts borne by the creditor or lender . The danger, in an insolvency or in a refusal to pay the debtor or borrower exist. In the case of merchants, this must be adequately taken into account by means of value adjustments / write-offs on receivables ( Section 252 (1) No. 4 HGB , Section 253 (1) and (4) HGB). The general del credere risk is covered by general value adjustments , the risk of default on specific individual receivables is countered by individual value adjustments . This is why there is often talk of del credere risk in connection with value adjustments on dubious receivables .
Commission agents or commercial agents are responsible to the principal or entrepreneur for the fact that their contractual partner (debtor) fulfills his obligation from the concluded transaction. The accessory delcredere liability of the commission agent arises of bad debts only with explicit assumption or if commercial practice is ( § 394 HGB). It is effective orally if it corresponds to the customary trade practice at the respective place of business. In the case of commercial agents, the del credere must be in writing ( Section 86b (1) HGB), without this it is void due to a lack of form .
Del credere risk
The term del credere risk is also used in connection with real factoring and real forfaiting in order to describe the risk of bad debts borne by the factor or forfaiter alone. With the legally binding conclusion of the factoring or forfaiting contract, the factor or the forfaiter assume the credit risk vis-à-vis the debtor. With the factor customer or forfaitist only the liability remains , which is no longer clearly regulated by law since the modernization of the law of obligations in January 2002.
In international foreign trade and foreign trade finance , the del credere risk also includes country risks , some of which can be covered by export credit insurance. The insured event occurs here, if a claim is not exporter (within 6 months after the due date English default protracted ) has been paid. Here the exporter's del credere risk only extends to its deductible .
Del credere insurance
This del credere risk can be covered by an insurance called del credere insurance. A distinction is made between trade credit, capital goods credit, export credit and deposit insurance, depending on the insured risk . The insured event usually occurs when the customer becomes insolvent . The creditor ( creditor ) continues to balance his insured receivables, but the credit insurance bears the default risk due to the risk transfer . According to prevailing opinion, the insured portion of the receivables may not be backed by a general or individual value adjustment .
See also
Web links
Individual evidence
- ↑ Michael Beigler: Analysis of the advantages between leasing and credit-financed purchase . Springer Gabler, Wiesbaden 2012, ISBN 978-3-8349-6959-0 , p. 318 ( limited preview in Google Book search).
- ^ Gerhard Scherrer: Accounting according to the new HGB. An application-oriented presentation with numerous examples . Vahlen, Munich 2011, ISBN 978-3-8006-3917-5 , pp. 186 ( limited preview in Google Book search).
