Profit commitment

from Wikipedia, the free encyclopedia

According to Section 661a of the German Civil Code, a promise to win is a communication from an entrepreneur to a consumer which, according to its design, gives the impression that the consumer has won a prize .

Fundamental enforceability

What is special about a promise of profit in the sense of § 661a BGB compared to other promises of profit is its legal enforceability. The addressee of the profit commitment can claim fulfillment from the entrepreneur who made the profit commitment.

Problems of enforcement

In practice, however, the enforcement of the profit promise often fails because dubious profit promises are usually made by letterbox companies or with an invented sender information or the entrepreneur is ultimately insolvent .

Successful lawsuits

Nevertheless, recipients of profit commitments were able to successfully claim their winnings in numerous cases.

Consumers who have taken out legal expenses insurance that relieves them of the cost of prosecution should particularly consider filing a lawsuit. The fact that legal protection insurances have to pay for such disputes has z. B. already decided the OLG Karlsruhe. Needy consumers can u. U. even seek legal aid .

Legal situation in Austria

The Austrian regulation on profit promises to consumers can be found since June 13, 2014 in § 5c of the Consumer Protection Act (KSchG; previously since October 1, 1999 in § 5j KSchG) and is essentially the same as § 661a BGB. The Supreme Court has already dealt extensively with profit commitments several times. The claim to fulfillment arises with the sending of the profit promise with the required content (7 Ob 17 / 08p), whereby subsequent clarification does not harm (1 Ob 148 / 03a) and the entrepreneur must accept the most unfavorable, reasonably possible interpretation against himself ( 2 Ob 34 / 05x). Here, too, the sensible consumer is a measure figure, whereby an objective standard must be applied.

literature

  • Hardwig Sprau, in: Palandt . BGB, 68th edition. 2009, § 661a.

Web links

decisions

  1. ↑ Mail order company has to pay out money from "Official Profit Notification" - judgment of the Cologne Higher Regional Court of March 18, 2010 - summary at free-urteile.de
  2. ↑ 1,500 EUR won in the advertising letter: consumer successfully sues from a promise to win - decision of the LG Koblenz on April 29, 2008 - summary at free-urteile.de
  3. ↑ Coffee trip provider has to pay: right to payment of a promised profit - judgment of the AG Charlottenburg of January 27, 2009 - summary at free-urteile.de
  4. ↑ Legal protection insurance has to cover the costs of legal action for profit commitment - judgment of the Higher Regional Court Karlsruhe of December 1, 2005
  5. ↑ Legal aid for action for fulfillment of a profit commitment - decision of the OLG Hamm dated December 28, 2004
  6. ↑ Consumer Protection Act RIS