Payee
Payee ( English payee ) is in the economy , a creditor , a payment by a debtor ( debtor receives).
General
Payee is a term used in payment services law . The payment service law applicable in all EU member states uses the term “payee”, but does not offer a legal definition . It assumes the word payee is known. A financial entity ( natural person , company , public administration , state ) who receives a payment credit on their bank account is generally considered to be a payment recipient. Payees are specifically also borrowers for loan disbursements and lenders for repayments and interest payments , beneficiaries of cash payments or exporters .
In everyday sales contracts, the payee is the seller or supplier , who accepts a cash payment from the buyer and sets the terms of payment . For this purpose, according to § 56 HGB also store employees in a store authorized. In all other contracts, the payee is generally called the creditor ( landlord , lessor , lessor ). The term payee also occurs in other laws. For example, in § 160 para. 1 Tax Code , according to which debt , operating expenses , advertising costs and other expenses are tax only consideration quorum if the payee is named, or in § 8 Pension Service Regulation, which is a guardian of a claim for payment has .
Payment service law
The credit institute ("payment service provider") is obliged by an individual payment contract in accordance with Section 675f (1) BGB to carry out a payment transaction from the debtor to the payee. As a rule, this payment activity by the debtor goes out by the payee bank money through authorization by bank transfer can get.
As an exception, in the case of direct debits, the payee triggers the respective payment transaction by having the direct debits presented to the payer's bank account-holding via his payment service provider. According to the principles of the fulfillment of a monetary debt , the claim on which the direct debit is based is only fulfilled with unconditional credit to the account of the payee - with a condition for dissolution . With an unconditional credit, the payee obtains the necessary unrestricted power of disposal over the payment amount. There are no changes in the collection relationship between the creditor and his bank in the SEPA procedure . In the case of the collection of the claim by direct debit, the debtor does not effect the originally owed cash payment with the account credit, but instead gives the creditor a claim for payment against his first collection agency. Such a legal contractual performance agreement can be subject to a dissolving condition, so that the legal consequence of performance does not apply in the event that the condition occurs. However, the creditors in the SEPA Core Direct Debit Scheme has - unlike in the SEPA Direct Debit ( § 675e paragraph 4 BGB in conjunction with Section D. No. 2. 1. 1 at the end..) - only eight weeks after the debit entry and a final secure legal status attained. Up to this point in time, the debtor can request reimbursement of the payment amount from his bank without giving reasons ( Section 675x Paragraph 1, Paragraph 2, Paragraph 4 BGB in conjunction with Section C. No. 2.5 Paragraph 1). The risk of the payee is, in particular, that his debit lack of funds in the account is not honored, and as chargeback him again charged back is.
The Payment Services Supervision Act (ZAG) speaks of the payee as the natural or legal person who is to receive the amount of money that is the subject of a payment transaction as the recipient ( Section 1 (16) ZAG).
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Individual evidence
- ↑ Hermann Staub (Ed.), Großkommentar HGB , Stefan Grundmann / Moritz Renner, Bank Contract Law 2: Commercial Banking: Payment and Credit Business , 2014, p. 342
- ↑ BGH, judgment of July 20, 2010, Az .: XI ZR 236/07, Item 29
- ↑ BGH WM 1987, 400 , 401
- ↑ BGH, judgment of July 20, 2010, Az .: XI ZR 236/07, No. 30
