Creditworthiness
Under borrowing capacity is the capacity of a natural person or legal entity , legally binding loan agreements to complete.
General
Credit agreements are among the contracts for which legally effective completion of regular legal capacity of natural persons and legal capacity for legal entities of private and public law as well as commercial partnerships is required. If there is no legal or legal capacity - for whatever reason - contracts - and thus also credit agreements - are void and do not have any legal effects from the outset. The borrowers take in loan agreements obligations for which they only liable , if they are creditworthy. If there are contractual disruptions, credit institutions can only take legal action against their debtors if the credit agreements are legally valid. The check of creditworthiness and creditworthiness must therefore always be checked at credit institutions before a loan is granted.
requirements
On the side of the lender are usually credit institutions whose legal capacity is established by entry in the commercial register . The question of creditworthiness arises more with borrowers.
In the case of borrowers, the lenders will have to question the legal capacity, as good faith in the legal capacity of the contractual partner is not protected by the law.
- Natural persons must be of legal age in order to be able to conclude legally binding loan agreements. You may not be under supervision and there may be no reservation of consent in financial matters. In addition to the approval of their legal representatives ( parents ), minors require the approval of the family court (Section 1643 (1) BGB in conjunction with Section 1822 No. 8 BGB ) to take out a loan .
- In the case of legal entities , banks must check the extent to which an organ can legally represent the institution. This results on the one hand from the law and on the other hand from the commercial register and the articles of association under private law or the articles of association under public law. As with a legally competent association , the legal person assumes liability for obligations assumed by the board of directors ( Section 89 (1) BGB). In private law companies except the Board also must attorney credit agreements signed ( § 49 para. 1 HGB). Authorized officers, however, are generally not allowed to sign credit agreements ( Section 54 (2) HGB); this requires special authorization. For borrowers under public law ( local authorities , public institutions , public bodies ) Special regulations apply. Depending on the federal state, the local supervisory authority often has to approve a loan for municipal loans.
- In the case of unincorporated communities of persons ( civil law companies , communities of heirs ) and unincorporated associations , the consent of all parties involved and an obligation as joint and several debtors in the loan agreement are required.
Others
The view, which Konrad Mellerowicz still defended in 1957 , that creditworthiness is a function of the borrower's financial position and results of operations has not prevailed. Rather, the borrower's economic circumstances are the subject of credit checks carried out by credit institutions.
See also
Individual evidence
- ^ Rainer Foitzik, Consumer and Real Loans , 2011, p. 10
- ↑ Karl-Wolfhart Nitsch, Banking Law for Business Economists and Business Lawyers , 2010, p. 110
- ↑ Hubert Holthausen, Financial Services for Private and Commercial Customers , 2011, p. 485
- ↑ Konrad Mellerowicz / Hans Jonas, determinants of creditworthiness , 1957, p. 19 and p. 30
