Monaco comparison
Monaco Comparison (also called pressure comparison , Chicago comparison , Las Vegas comparison , Monte Carlo comparison , more recently, Bad-Säckingen comparison referred to) is the popular name for a specific regulation as part of a legal settlement for the purposes of § 779 BGB . The literature also sometimes speaks of a minimum amount clause.
In doing so, the obligee declares to waive part of his claim if the debtor repays part of his liability in one installment or in several regular installments or pays the agreed minimum amount by a certain date. However, if the debtor pays an installment or the minimum amount late or not at all, the entire amount owed (less installments already paid) or another agreed higher amount becomes due immediately . From a legal point of view, it is a waiver contract concluded with conditions precedent or resolved ( Section 397 (1) BGB).
The abstraction principle also applies here : even if the comparison should be ineffective as the legal basis for the waiver contract , the waiver contract remains fundamentally unaffected.
By order of October 23, 2008, the Federal Court of Justice ruled that if the parties agree that the obligee will waive a claim if the debtor pays a partial amount on time (“Las Vegas / Monte Carlo settlement”), it is incompatible with Treu and belief is when the obligee asserts the entire claim if the payment deadline is slightly exceeded (here: 1 hour and 47 minutes).
It is also permissible (even if it is often overlooked in practice) to make the cost regulation based on it subject to the above-mentioned reservation, i.e. the obligee also accommodates the debtor with the question of costs, provided that the debtor the payment modalities in the main adheres to. If the payment terms are not complied with, the debtor will again be liable for the full costs.
Individual evidence
- ↑ Vorwerk (ed.): The process form book , 8th edition 2005, Verlag Otto Schmidt, chapter 36, sample 36.3., Margin number 24, 25
- ↑ BGH, decision of October 23, 2008, Az. VII ZR 68/08 to the Higher Regional Court Frankfurt , decision of January 22, 2008 , Az. 3 U 83/06.
- ^ Norbert Schneider: Cost regulation for the "Monte Carlo comparison" , NJW -Spezial 01/2012, 27.
