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Payer ( English payer ) is a business entity , which as a debtor for payment of money to the payee ( creditor ) is obligated.


This claim from the perspective of the obligee can result from an obligation or an obligation under public law .

Payer is a term used in payment services law . The payment service law applicable in all EU member states uses the term payer, but does not offer a legal definition . It assumes the word is known. A cash payment can be made in cash or cashless . In the latter case, both the debtor and the payee need a bank account .

A technical payer is generally considered to be an economic entity ( private household , company , public administration , state ) who receives a debit on his bank account in order to fulfill his payment obligation . Debtors are specifically also borrowers for repayments and interest payments and lenders for loan disbursements , payers of cash payments or importers .

In everyday sales contracts, the payer is the buyer, who gives the seller a cash payment and thus fulfills the payment conditions. According to Section 56 of the German Commercial Code (HGB) , shop employees in a shop are also authorized to accept the goods. In all other contracts, the debtor is generally called the debtor ( tenant , lessee , lessee ).

Payment obligations can also arise from contracts under public law .

Legal issues

Payer is a legal term that appears in many laws, but has no legal definition .

Payment transactions

The focus is on the concept of the payer for direct debits within cashless payment transactions , where he is also called the “payer”. According to § 1 ZAG , the payer is a natural or legal person who is the owner of a payment account and who is permitted to execute a payment order from this payment account or, if there is no payment account, a natural or legal person who issues the payment order. The paying agent redeems the direct debit with the authorization of the debtor by debiting the account. This applies regardless of whether any one in the legal sense obligation consisted of the payer. Without authorization, the debit according to § 675j Paragraph 1 Clause 1 BGB is ineffective and must be reversed . In the case of the direct debit authorization procedure for payment cards , the effectiveness of the account debit depends on the debtor approving this to his paying agent ( Section 684 sentence 2 BGB). In the absence of giro-contractual instructions, the paying agent in the cover relationship is not entitled to a claim for reimbursement of expenses in accordance with Section 670 BGB until the debtor has approved the unauthorized debiting of his account in accordance with Section 684 sentence 2 BGB.

Electronic commerce

In the case of orders in electronic business transactions , according to § 312j BGB, the obligation of the entrepreneur towards consumers is only fulfilled if a button on the website is clearly legible with nothing other than the words "order with obligation to pay" or is labeled with a corresponding unambiguous wording.

Foreign trade

In foreign trade , the importer is the payer. In letters of credit and documentary collections , the bank puts her from the exporter submitted shipping documents prior to testing and provide the importer this train to train against account debit.

Individual evidence

  1. BGH NJW 2008, 63
  2. BGH NJW 2008, 3348
  3. Volker Tolkmitt, Neue Bankbetriebslehre , 2004, p. 126