Advance payment (economy)

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An advance in the economy , the advance payment by the creditors on yet or not yet fully rendered services of the debtor prior to their maturity .

General

The advance payment is a payment that is made before the actual payment claim arises. An advance payment , on the other hand, is a payment for an already acquired and due claim, the settlement of which has been postponed. Since the advance payment on the purchase price is made before the payment claim of the other contracting party ( contractor ) has arisen, the advance payment creditor ( client ) grants a loan and thus has a credit risk . This diminishes or disappears completely as soon as the promised consideration is given by the contractor.

history

Kaspar Stieler first included the word advance in his dictionary in 1691. In 1702 Matthias Kramer formulated "an advance payment" ( Italian avanzo ). The General Prussian Land Law (APL) of June 1794 knew the advance payment, among other things, in connection with the order (I 13, §§ 70 ff. APL). The customer was the creditor and the contractor was the debtor. In the 19th century the term "advance payment" was used in connection with the actual credit business of the cooperative banks . In 1852, the advance was regarded as “money borrowed or paid for in advance”, and in 1908 even as a synonym for loan . The first credit unions called themselves “advance payment associations”, which goes back to their founder Hermann Schulze-Delitzsch . In his instruction book from 1862 he referred to the funds loaned to borrowers as "advances". With the entry into force of the BGB and HGB in January 1900, the advance payment became a legal concept .

species

The law defines advance payments that are paid on a future or already existing but not yet due benefit. Advances occur wherever contracts exist and provide for a later payment as consideration. However, if the cash payment is to be made earlier, although it is not yet contractually due, it is an advance payment.

Advances occur primarily in the areas of civil law , labor law or commercial law .

civil right

A seller is the purchase agreement pursuant to § 439 para. 2 BGB by the jurisprudence of the Federal Court committed (BGH), a buyer with cash is one of this required advance on costs to transport the (supposedly) lack afflicted purchased goods to the place of fulfillment to enable. If the tenant makes expenses for a maintenance measure , he can demand an advance payment from the landlord in accordance with § 555a Paragraph 3 BGB. This also applies to the lessee in the lease ( Section 588 (2) BGB), for the client in the assignment ( Section 669 BGB) or the supervisor in the care ( Section 1835 BGB). The supervisor can also request the expense allowance due to him in accordance with § 1835a BGB as an advance payment. The Purchaser may from entrepreneurs in service contract for the removal of a defect necessary expenses advance request ( § 637 para. 3 BGB).

In accordance with Section 9 of the Law on Remuneration of Lawyers (RVG), the lawyer can request an appropriate advance payment from his client for the fees and expenses that have arisen and are likely to arise. This means that the lawyers' fees are not due at the end of the process, but are due for partial services in the amount of the expenses incurred. Otherwise, the remuneration is due when the order has been completed or the matter has ended ( Section 8 (1) RVG).

Employment Law

The wage or salary advance is an advance payment to the workers has yet to be earning wages . The payment of unearned wages represents an advance. Wage or salary advances are therefore not considered as an employer loan if only the payment terms of the employment contract are deviated from. The employer pays travel expense advances for the expenses for business trips , the total expenses of which the employee can only settle after the trip has been completed.

An advance payment , on the other hand, is a partial payment of the wage or salary payment due later.

Commercial law

In commercial transactions, the merchant can demand interest for advances, expenses and other uses from the day of performance ( Section 354 (2 ) HGB ). The sales representative has according to § 87a para. 1 HGB claim on a reasonable advance, which applies force reference to § 65 HGB also for the shop assistants . According to § § 675 , § 669 BGB, the commission agent can receive an advance payment, but he needs the consent of his client ( § 393 Paragraph 1 HGB). This also includes the duty of the principal to release the commission agent from liabilities that he has entered into in the execution of the commission. If the principal does not make an advance payment, the commission agent can refuse the execution in accordance with § 273 BGB. The carrier can make compliance with the instructions dependent on an advance payment ( § 418 HGB).

In the case of a contract for work and services , the customer can request an advance payment from the entrepreneur for the expenses required to remedy a defect ( self-performance ; Section 637 (3) BGB). If the contractor does not fulfill his obligation to remedy defects within a reasonable period set by the client, the client can have them remedied at the expense of the contractor ( substitute performance in accordance with Section 13 No. 5 Paragraph 2 VOB / B ).

According to Section 71a AktG , advances or loans from the stock corporation to third parties for the purpose of acquiring shares in this company are void , with the exception of credit institutions as borrowers . In the case of advance credit or negotiation credit ( English packing credit ), the bank issuing the credit authorizes the exporter's house bank to grant the exporter an advance from the letter of credit before he submits the goods documents ( English green clause ).

See also

Individual evidence

  1. ^ Klaus Hock , garnishment of wages , 2005, p. 25
  2. ↑ Kaspar Stieler, Der Teutschen Sprache Genealogy and Fortwachs , 1691
  3. ^ Matthias Kramer, The wonderfully large Teutsch-Italiänische Dictionarium , 1702
  4. ↑ General Land Law for the Prussian States , Volume 1, 1794, p. 524
  5. ^ Meyer's Conversations-Lexikon , Volume 14, 1852, p. 391
  6. ↑ Brockhaus Konversations-Lexikon , Volume 16, 1908, p. 410
  7. ↑ Hermann Schulze-Delitzsch, Advance and Credit Associations as Volksbanken , 1862, p. 218
  8. ↑ BGH, judgment of July 19, 2017, Az .: VIII ZR 278/16
  9. ^ BAG, judgment of February 11, 1987, Az .: 4 AZR 144/86
  10. ↑ BMF letter of May 19, 2015, Az .: IV C 5 -S 2334/07/0009, BStBl. I 2015, 484
  11. ↑ RGZ 82, 403; 124, 119
  12. ^ Georg Walldorf (ed.), Gabler Lexikon Auslands -shops , 2000, p. 447