Loan loan

from Wikipedia, the free encyclopedia

When Kreditleihe provides a bank 's borrowers no amount of money or other cash available, but its creditworthiness . The opposite is money lending .


With credit lending , a bank is liable for the obligations entered into by its bank customers towards third parties. The third party is the bank customer's creditor and is not sure whether his claims can be settled by the customer. In order to guarantee this, the bank is responsible for the obligation of its customer in the form of guarantee credits , letters of credit , return credits or (earlier) acceptance credits in favor of the obligee if the obligee is unable to meet them. To do this, she concludes a loan agreement with her customer, who thereby becomes her borrower. In the case of a guarantee credit, for example, a bank acts as a surety and is liable for the liabilities entered into by its borrower towards his creditors. The loan can be followed by a money loan, for example with a cash back loan. Despite some banking crises , the creditworthiness of credit institutions can be classified as very high.

Legal issues

The individual forms of loan lending are banking within the meaning of Section 1 (1) No. 2 and 8 KWG . In the case of a loan, the loan agreement specifies in particular that the bank is entitled to further charge its borrower with the claim in the event that a third party claims its liability. In the case of guarantees , this results from their accessory nature according to Section 774 (1) sentence 1 BGB . The credit institutions issue a conditional promise to pay as part of the loan, as the creditor can only claim if he has not received payment from the bank customer. For this reason, all types of loan loans in the bank balance sheet belong to the contingent liabilities that are recorded “under the balance sheet” ( Section 251 in conjunction with Section 268 (7 ) HGB ) and are included in the business volume.

By law, a loan loan is required for process guarantees , customs guarantees and certain down payments :

According to Section 239 (1) of the German Civil Code (BGB), a suitable guarantor is someone who has assets appropriate to the amount of the security deposit and his place of jurisdiction in the EU. The quality of the guarantee and the creditworthiness of the guarantor must meet high demands; the guarantees given by a bank must be secured by their equity .

Individual evidence

  1. Thomas Hartmann-Wendels / Andreas Pfingsten / Martin Weber, Bankbetriebslehre, 2007, p. 167
  2. Alexander Retemeyer, Security by bank guarantee , 1995, p. 76 ff.
  3. § 239 BGB speaks of "inland", but the overwhelming opinion in the literature is based on the EU; see. Otto Palandt / Jürgen Ellenberger, BGB commentary , 73rd edition, 2014, § 239 BGB marg. 1
  4. BT-Drs. 14/4722 of November 24, 2000, draft law on the reform of civil procedure , p. 75