Important reason
The important reason is an indefinite legal term that includes an extraordinary right of termination or a similar right such as B. a right of withdrawal is granted if the party concerned can no longer be expected to continue the contract.
The important reason is mentioned in several places in German private law . The general right of termination for an important reason, which applies to every continuing obligation , is regulated in § 314 BGB . In addition, the important reason is stated in Section 490 (1) BGB ( loan ), in Section 543 (1) BGB ( rental agreement ), in Section 626 (1) BGB ( service contract ), in Section 627 (1) BGB ( service contract above services), in Section 648a (1) BGB ( contract for work and services ), in Section 723 (1) BGB ( BGB society ), in Section 1299 BGB ( engagement ) and in Section 89a (1) HGB ( commercial agency contract ).
General
An important reason exists if the terminating party cannot be expected to continue the contractual relationship until the agreed termination or until a period of notice has expired, taking into account all the circumstances of the individual case and weighing the interests of both parties. If the important reason is the breach of an obligation under the contract , termination is only permitted after the unsuccessful expiry of a period specified for remedial action or after an unsuccessful warning .
The termination for an important reason, also known as extraordinary termination , has practical significance , especially in labor law , tenancy law and loan agreement law .
Employment Law
In labor law, there must be an important reason in order to be able to terminate an employment relationship extraordinarily (then usually without notice) in accordance with Section 626 (1) BGB .
An important reason is given if there are facts which, taking into account all circumstances and weighing the interests of both contracting parties, make it unreasonable for the terminating party to continue the contractual relationship .
Examples of the existence of an important reason are hiring fraud , espionage , sabotage , a fraudulent notification of incapacity for work , persistent refusal to work , persistent breach of employment contract , gross breach of duty of loyalty , violations of non- compete obligations , theft , forgery of documents , embezzlement , notorious lack of punctuality or even going on vacation without authorization .
If the case comes before a court, the court will determine whether the breach of duty , taking into account all the circumstances of the individual case, was so significant that it justifies an extraordinary termination.
Although the legal provisions and legal principles applicable to employment contracts are generally to be applied to vocational training relationships, stricter standards are applied here for the existence of an important reason. Here, the interest of young people in continuing their training and successfully completing it is more important. A ruling by the Federal Labor Court (BAG) is fundamental to this:
"An important reason that the educators may terminate the training relationship after the trial period is (only) given if there are facts that could cause the trainers taking into account all the circumstances of the individual case and weighing the interests of the trainers and the trainees Continuation of the vocational training relationship until the end of the training period cannot be expected. However, the longer the apprenticeship has already existed, the more stringent the requirements for the existence of an important reason. "
Even with the so-called Orlando termination, there are increased requirements for the important reason.
Tenancy law
According to § 543 BGB, which regulates the termination for an important reason particularly intensively, either contracting party can terminate the lease for an important reason without notice. An important reason is given if the terminating party, taking into account all the circumstances of the individual case, in particular a fault of the contracting parties, and weighing the interests of both parties, cannot be expected to continue the lease until the period of notice has expired or until the other end of the lease. An important reason exists in particular if
- the tenant is not granted the contractual use of the rental property in full or in part or is withdrawn again,
- the tenant violates the rights of the landlord to a considerable extent by neglecting the due diligence or by leaving it to a third party without authorization or
- the tenant is in arrears with the payment of the rent or a not inconsiderable part of the rent for two consecutive dates or is in arrears with the payment of the rent in the amount of an amount in a period that extends over more than two dates reached the rent for two months.
If the important reason is the breach of an obligation from the rental contract, the termination is only permissible after the unsuccessful expiry of a reasonable deadline set as a remedy or after an unsuccessful warning. This does not apply if
- a deadline or warning obviously does not promise success,
- the immediate termination is justified for special reasons, taking into account the interests of both parties, or
- the tenant is in arrears with the payment of the rent.
Loan agreements
In the case of fixed-term loans , the loan relationship is normally terminated by the expiry of the period or final repayment . However, it can happen that one of the contracting parties has reason to terminate the loan agreement prematurely. This occasion must be a so-called "important reason". According to the legal definition of Section 314, Paragraph 1, Clause 2 of the German Civil Code, there is an important reason if the terminating party cannot be expected to continue the loan agreement until the agreed termination , taking into account all the circumstances of the individual case and weighing the interests of both parties. In most cases, the relationship of trust between the lender and the borrower - which is particularly important in the loan agreement - is likely to be destroyed in these cases . The reason for the extraordinary termination must be justified.
Section 490 (1) of the German Civil Code (BGB) also provides for the extraordinary possibility of terminating loan agreements in the event of a significant deterioration in the financial situation or due to a decline in the value of collateral provided. This right of termination is a lex specialis compared to Section 314 of the German Civil Code, so that Section 490 (1) of the German Civil Code has priority in these cases.
For consumer loan contracts, an extraordinary right of termination is established in Section 498 of the German Civil Code (BGB), provided the repayment loan is to be repaid in at least two installments.
Breach of contract
An important reason is the breach of a contractual obligation (Section 314 (2) BGB). This includes the borrower's refusal to provide or increase loan collateral, the permanent overdraft of credit lines on a large scale or the failure to submit loan documents as part of the disclosure of the economic situation or other documents relevant to the contract. In these cases, the borrowers are given a reasonable grace period to prevent an extraordinary loan termination.
Other circumstances
Other circumstances (Section 314 (1) BGB) are primarily untrue, contractually relevant information provided by the borrower about his financial situation or persistent insulting statements by the borrower to the bank or its employees.
Individual evidence
- ↑ Peter Linde / Beatrix E. Jansen, Employees in the Public Service: Fundamentals of the Employment Relationship , 2010, p. 81.
- ↑ BAG, judgment of May 10, 1973 (collection of decisions on labor law - EzA - No. 2 on § 15 BBiG = AP No. 3 on § 15 BBiG).
- ↑ so also BGH WM 1969, 335.
- ↑ Robert Freitag, The termination of the loan agreement according to the Law of Obligations Modernization Act , in: WM 2001, 2370 (2377).
- ↑ No. 22 para. 1 AGB-Sparkassen or No. 13 para. 1 and 2 ABG-Banken.
- ↑ Klaus J. Hopt, Legal Obligations of Credit Institutions to Provide Credit, Leave Loans and Reorganize Companies , ZHR 143, 139 (161).
- ↑ Volker Lang / Paul Assies / Stefan Werner, Modernization of the Law of Obligations in Bank Practice , 2002, p. 161.
- ↑ Herbert Schimansky / Hermann-Josef Bunte / Hans-Jürgen Lwowski, Banking Law Handbook Vol. I and II , 1997, § 79 Rd. 41a.
