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Credit Contracts Act – Part 03 – Overdrafts and Overdrafts

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Credit agreements include all agreements by which a contracting party produces funds or other fungible items that are available to another contracting party for a limited period of time. The recipient must return the amount of money or the item later but can use it for their own purposes during the transfer period. The types of credit available on the market are different and as colorful as the debtors’ needs for different credit and repayment terms themselves.

Since there are completely different customer needs, ideas and possible uses, the spectrum of financing and credit options is wide. The exact form of credit is determined in the context of the loan agreement and depends on the circumstances and objectives of the loan or finance contract. The checking account credit is a credit in the “checking account”.

The basic requirement is that the borrower maintains a custody account with the lender, on which the lender’s claims against the borrower and vice versa are offset. Current account credit is most commonly used between a house bank and a customer of the house bank, also known as “current account credit” or “current account credit”. BayernLB grants the holder the right to “overdraw” the deposit to a certain amount.

The credit will be used by the corresponding overdraft

The credit will be used by the corresponding overdraft

The account holder is in charge of repaying the loan at the time of borrowing and must pay interest on the corresponding credit balance (ie the amount of the overdraft). As a rule, the repayment and interest payments are made in the course of processing, for example by crediting the customer account.

When, how often and to what extent the account owner can claim the credit can be determined by himself, as long as he stays within the credit line. The installment amount and the loan term are variable, ie the house bank is only entitled to repayment after the overdraft facility has ended. If BayernLB would like to end the loan, it can do so without observing a deadline, taking into account the interests of the bank customer.

The colleague Rahner has opened a current bank account at E-Bank. Rahner grants a handicraft business authorization to debit painting work at a purchase price of 600 dollars. The sum will be deducted from your account. In the following weeks, colleague Rahner paid in 200 dollars. The bank account of Mrs. Rahner was overwritten by 100 dollars due to the burden on the handicraft company.

As a result, E-Bank granted a loan of USD 100 at the time the account was overdrawn, which Mrs. Rahner returned. The repayment amount was paid with the $ 200 paid in by Rahner; a credit balance of 100 dollars was created. The payment of an additional USD 400 meant that the player account was again over-indebted by USD 300.

At this point, the National Bank granted another loan to colleague Rahner, which she had to repay and pay interest. This article is the specialist book “Credit Contract Law” by Carola Ritterbach, specialist lawyer for banking and finance law, and Alena Kehret, research assistant, publisher of the publishing house Mittelstand und Recht 2014, www.vmur. de, ISBN 978-3-939384-35-9 borrowed. Links to all articles in the series: Author (s): We will be happy to recommend you in person, by phone or by email.

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