Network business
A composite business - also coupling business mentioned - is always present when the completion of a transaction ( contract ) involves the completion of a second transaction (contract) and thus necessarily a direct dependency is established between the transactions or contracts. When it comes to the combination of a consumer purchasing a product or service and a loan , it is called a related business .
These businesses have a number of legal characteristics.
Encores
The combined sale of several products or services, as long as these are not closely related (e.g. a television and the associated remote control) make it difficult for the customer to compare prices. For this reason, such coupling transactions with end consumers were largely forbidden according to the gift regulation . With the abolition of the addition regulation in 2001, the possibility of network transactions was basically allowed. However, this then remains inadmissible as unfair competition if consumers are deceived or at least insufficiently informed about the real value of the offer.
Unlawful and forbidden coupling transactions are: if, for example, a credit institution makes the granting of a consumer loan dependent on the purchase of private accident insurance or any other financial product in the portfolio.
Right of withdrawal
Particularly in the case of joint transactions between loans and other products or services, there is a need to give the consumer the opportunity to revoke the other when revoking one transaction ( Section 358 BGB ). Main article on this: Related Business .
Individual products
Installment loans and residual debt insurance
If banks were to make the conclusion of installment loans dependent on the conclusion of residual debt insurance , the costs of residual debt insurance would have to be included in the effective interest rate to be specified . To prevent this, taking out residual debt insurance is officially voluntary at all banks.
Such dependencies - especially in capital investment and financial transactions - very often constitute an act of immorality . If the offense of immorality is beyond doubt, e.g. B. determined by judicial process, this usually leads not only to compensation for the trader against the contracting party, but also to the retroactive cancellation of the deal.
At the same time, the negotiator may be liable for advice vis-à-vis the contracting party, which can result in additional claims for damages.
Jurisprudence
The previous case law - in Germany especially by the BGH - is very clear here. The following rulings have a direct impact on the training of bank and insurance clerks .
Web links
- BGH, judgment of January 13, 2000, Az. III ZR 62/99, full text
- BGH, judgment of May 20, 2003, Az.XI ZR 248/02, full text
- BGH judgment of December 3, 2007, Az. II ZR 21/06, full text
Individual evidence
- ^ BGH, judgment of June 13, 2002, Az. I ZR 71/01, full text
- ↑ BGH, press release, No. 59/2002 on the above judgment
