Place of payment
Payment is in the law of obligations of the place where the debtor 's creditors the amount owed has to provide.
General
In the case of contracts of any kind (in particular sales contracts , long-term obligations such as rent ), one contractual partner (buyer, tenant) undertakes to pay his debt. The legal question arises as to where the debtor has to pay this monetary debt. This is the floor trading of the business premises of the seller be where also train to train the handover takes place the purchased goods. In the case of mail order purchases, on the other hand, the place of payment usually results from the terms of payment .
Legal issues
If, however, nothing has been contractually agreed, the debtor must transfer the monetary debt to the obligee at his / her place of residence at his own risk and expense ( Section 270 (1) BGB ); in the case of commercial operations as the creditor, the place of business or the place of establishment is the place of payment (Section 270 Paragraph 2 BGB). The debtor is responsible for the "risk and costs" of this provision. For example, he bears the bank fees that arise for a transfer of the money debt. The debtor also bears the risk of loss or transport, so that he is not released from his obligation to perform if his money does not reach the creditor. However, this does not include the risk that the transfer of the money will be delayed, because the place of performance remains the debtor's place of residence according to Section 269 (1) and Section 270 (4) BGB. The debtor must have done everything in good time that is necessary on his part at the place of performance to satisfy the obligee; the success of the service - the crediting of the transfer amount to the payee account - is no longer part of the debtor's performance.
In this judgment of October 2016, the Federal Court of Justice (BGH) deals with the previous legal uncertainty , which the Directive 2011/7 / EU of the European Parliament and the EU Council of February 16, 2011 to combat late payment in business transactions and a judgment of the Court of Justice the European Union (ECJ) had triggered; In the opinion of the BGH, they do not change anything for the consumer as debtor. In business transactions between companies ( business-to-business ) or with the public administration ( business-to-administration ), however, the debtor's payment is considered to be late if the obligee cannot dispose of the amount owed in good time; the amount owed must have been credited to the creditor's account.
Individual evidence
- ↑ Otto Palandt / Christian Grüneberg, BGB Commentary , 73rd edition, 2014, § 270 Rn. 8th
- ↑ BGH, judgment of October 5, 2016, Az .: VIII ZR 222/15
- ↑ Directive 2000/35 / EC of June 29, 2000, Official Journal L 200, p. 35 (PDF)
- ↑ ECJ, judgment of April 3, 2008, Az .: C-306/06, Coll. 2008, I-1923 Rn. 28: 01051 Telecom GmbH / Deutsche Telekom AG: Full text , accessed on July 11, 2017
