Special right of termination
A special right , even extraordinary right is the one-sided design right to terminate an existing relationship, if otherwise there is the possibility to terminate or not until a later date. The special right of termination can be designed in such a way that the beneficiary may terminate the legal relationship without observing a period of notice, with a shortened or full notice period. A special right of termination can result from a law or have been contractually agreed.
Basics
In principle, contracts are based on the declarations of intent of all contracting parties to fulfill the agreed services. The obligation to perform becomes mutually legally binding through the conclusion of the contract. If the parties fulfill their obligation to perform in accordance with the contract, there is the option of terminating the contract, if necessary, by ordinary termination or by the expiry of the agreed contract period.
A special right of termination comes into consideration if one side has the right to unilaterally change essential contractual conditions, for example the amount of the rent or the price of a service. The other side may then be granted the right to terminate the contractual relationship prematurely by way of a special termination if it does not want to continue the legal relationship under the changed conditions.
Special termination rights in tenancy law
A special right of termination in the event of modernization announcement exists in Germany according to § 555e BGB. In this case, tenants can cancel at the end of the month after next.
In tenancy law, the German Civil Code provides for various grounds for claiming landlords, under which they can demand a rent increase. According to § 558 BGB, this would be possible, for example, if the last rent increase was more than 15 months ago. In addition, § 559 BGB allows an adjustment due to modernization measures. In this case, tenants have a special right of termination in accordance with Section 561 BGB, the notice period of which extends to two months (according to Section 561 BGB, the two-month notice period does not begin until the second month after receipt of the rent increase).
Example: If the landlord announces the increase at the end of August, it can be canceled by December 31st until October 31st.
Special termination rights in public health insurance law
Charges a health insurance company of the German statutory health insurance a cash custom additional contribution or additional contribution , it increases this post or reducing their premium payments, members have a special right gem. Section 175 SGB V and membership can be terminated, deviating from any existing eighteen-month minimum commitment period up to the first due date for the collection of contributions, the contribution increase or the premium reduction, from January 1, 2015 until the end of the month in which the contribution collection or increase takes place. The health insurance company must inform the member of the special right of termination. If the health insurance company indicates the right of termination late, the termination option will be postponed by this period. As of January 1, 2011, the agreement of a regular waiver of termination for a certain period of time through an optional tariff no longer precludes the special termination right.
Also in the case of optional tariffs according to § 53 SGB V, the statutes for these tariffs have to provide for a special right of termination in special hardship cases, such as unemployment .
