Compensation for use

Compensation for use is to be paid by the debtor in the case of an obligation if the contractual transfer of use ends without the previous debtor giving up the use or use of the contractually agreed type is not possible.

species

The claim arises from various provisions of the BGB , 2nd book. A claim to compensation for use can arise from numerous cases, the most common case being the withholding of a consideration to which the creditor is entitled, the compensation for use .

Here are some classic case studies:

• The tenant of an apartment does not move out despite the legally effective cancellation of the tenancy. The landlord is entitled to compensation for use in accordance with Section 546a of the German Civil Code ( BGB) after the tenancy is terminated . The compensation for use does not have to be the originally agreed rent, but can also be calculated using the local comparative rent .

• A bank has in a floating-rate loan , the interest is not properly the current market interest rate adjusted. The borrower is not only entitled to a subsequent recalculation of the debt service , but also to compensation for the overpaid portion of the interest - this amounts to 5% plus the base rate of the Bundesbank .

• A motorist who was involved in an accident through no fault of his own and whose car has to be taken to the workshop for repairs is entitled to compensation for use for the duration of the workshop stay - alternatively to a rental car .

detection

Using the example of a motor vehicle , the determination of the usage fee is to be understood. With the usage fee (usage compensation), the seller of a car receives compensation for the value of the kilometers driven from the buyer in the event that the purchase contract is reversed . The gross purchase price, the expected total mileage and the kilometers actually driven are decisive. The following formula can be used to determine the user fee:

${\displaystyle {\text{Nutzungsentgelt}}={\frac {{\text{Bruttokaufpreis}}\cdot {\text{tatsächlich gefahrene Kilometer}}}{\text{erwartete Gesamtlaufleistung}}}}$.

What is important is the effort saved by the user through free use , while the depreciation of the vehicle that has occurred (age-related wear and tear ) is not taken into account; the utility is to be replaced, but not the depreciation of the vehicle. In addition, it is irrelevant whether the kilometers were driven with a new or old vehicle or whether the expected total mileage was already exceeded. The residual value of the vehicle is also not included in the calculation of the fee.

Jurisprudence

• Judgments of the BGH in connection with the compensation for use

Web links

• Table of compensation for use of vehicles (as of 2011)
• Tenancy Law Lexicon

Individual evidence

1. ↑ Gerwich Riautschnig, User Fee for Vehicles , ZVR 2017/14, p. 45 f.

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