Framework fee
A frame fee is a return for payment in return , which is bounded by a minimum and a maximum rate or fixed amounts. The appropriate amount is to be determined in each individual case from the circumstances.
Public administration
Framework fees are levied in the area of public administration for individually attributable public services in which the respective fee event includes a large number of cases for which a fixed fee cannot be appropriately provided.
According to Section 13 (2) of the Federal Fees Act (BGebG), the principles of Section 9 (1 to 3) BGebG must be applied when setting a framework fee in accordance with Section 11 No. 3 BGebG. The framework fee should then
- be cost-covering and proportionate as well
- appropriately consider an economic benefit that can be calculated in monetary terms for the person affected by the service.
In this respect , the Federal Fees Act adheres to the principle of equivalence , which was already standardized in the Administrative Costs Act, which expired in 2013 .
Private law
In the area of private law, framework fees occur primarily in the area of fee schedules for the liberal professions , for example for doctors , lawyers and notaries .
Filling out the fee framework means that the creditor will determine the performance . For this purpose, § 315 BGB generally regulates that in such cases the performance determination is to be made at reasonable discretion .
doctors
In the area of private liquidation by doctors and dentists , § 5 GOÄ and § 5 GOZ must be taken into account in particular:
- the difficulty of the individual performance, which can also be justified by the difficulty of the illness
- the time required
- the circumstances of execution.
The amount of the individual fee for personal medical services is based on one to three and a half times the fee rate. The 2.3 times the fee rate represents the average performance in terms of difficulty and time required (Section 5 (2) sentence 3 GOZ). As a rule, therefore, a fee may only be set between one and 2.3 times the fee rate (so-called standard range). Exceeding 2.3 times the fee rate is only permissible if special features of the stated assessment criteria justify this. Services with a below-average level of difficulty or expenditure of time are to be charged at a lower fee rate.
Lawyers
In the area of remuneration for lawyers , according to 14 RVG to be considered in particular:
- the scope and difficulty of the legal work
- the importance of the matter
- the income and financial situation of the client
- a special liability risk for the lawyer, for example if it exceeds the generally agreed sum insured for professional liability insurance in individual cases.
The so-called medium fee is to be assumed. This results from the formula (minimum amount + maximum amount): 2. However, the lawyer has a margin of tolerance of 20% when exercising his discretion. In this context, the review of the exercise of discretion cannot be verified by the courts. In the event of a legal dispute, the responsible bar association will prepare a fee report free of charge (Section 14 (2) RVG).
Notaries
The Court and Notary Fees Act usually stipulates a certain rate of fees for certain activities. As an exception, the notary determines the fee in individual cases, taking into account the scope of the service rendered at its reasonable discretion ( § 92 GNotKG).
Individual evidence
- ^ BGH judgment of November 8, 2007 - III ZR 54/07
- ^ Norbert Schneider: The DAV Remuneration Law , accessed on March 22, 2016
- ↑ BGH, judgment of May 8, 2012 - VI ZR 273/11
- ↑ Law on costs of voluntary jurisdiction for courts and notaries (Court and Notarial Fees Act - GNotKG) of July 23, 2013 ( Federal Law Gazette I p. 2586 ), last amended by Article 4 of the law of November 23, 2015 ( Federal Law Gazette I p . 2090 ) has been changed
- ↑ How notary fees are calculated by the Federal Chamber of Notaries , accessed on March 22, 2016
