Federal Supreme Court

Posted by Yusuf on October 16th, 2017 — Posted in News

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Here lies the crux of many loan agreements according to lawyer Bernd. The cancellation policy, which we have in our daily practice by banks and savings banks are not rare, not to say in many cases, bugged”, so the lawyer Bernd next. To inform banks and Sparkassen often incorrectly about the beginning of the cooling-off period, or lacks essential references, for example on the legal consequences of withdrawal. Common problem is also disobeyed but in many cases clear commandment required by the law. The revocation must be not only content, but also of the external design clear and understandable. Violations can be determined in this context many providers in the industry.

The case-law, in particular the Federal Supreme Court as the highest German civil court, examines the teachings critically and is also purely formal errors for a revocation is sufficient even after the 14-day deadline. The result of such a withdrawal is the simple possibility of the consumer not to cancel the contract, but to revoke, and thus to save the early repayment indemnity to be paid in the event of termination. The paid amounts will be rescinded only. In this context the Bernd rechtsanwalts GmbH specializes in capital investment law, partly represents a variety of borrowers in connection with different construction financing specialists to banks and savings banks. A turn of the banks and savings banks already in many cases is possible out of court due to the now very clear case-law in this area. We carry should not happen this”, as lawyer Bernd, for our clients if necessary judicial proceedings for determining the effectiveness of the withdrawal through.” A first test of the present right of revocation and the resulting opportunities and further action is short and straightforward.

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