(2) Section 1592 no. 1 and section 1593 also do not apply if the child is born after a divorce petition is pending at court and a third person, at the latest before the end of one year after the order granting the divorce petition has become final and binding, acknowledges paternity; section 1594 (2) is not to be applied. The acknowledgement becomes effective at the earliest when the order granting the petition for divorce becomes final and binding. (1) A person whose capacity to contract is limited may only acknowledge without a representative. For a person who has no capacity to contract, the legal representative may acknowledge, with ratification by the family court; if the legal representative is a custodian, ratification by the custodianship court is required. Section 1592 no. 1 applies accordingly if the marriage has been dissolved by death and within 300 days after the dissolution a child is born. If it is certain that the child was conceived more than 300 days before its birth, this period of time will be the relevant period.
The lessee is to be notified of the settlement of accounts at the latest by the end of the twelfth month subsequent to the accounting period. After this period, assertion of a subsequent demand by the lessor is excluded unless the lessor is not responsible for the lateness of the assertion. The lessee is to raise any objections against the settlement of accounts with the lessor no later than by the end of the twelfth month following receipt of the settlement of accounts. After expiry of this period, objections may no longer be asserted unless the lessee is not responsible for the lateness of the assertion. (3) The lessor is to invest a sum of money made available to them as a deposit with a banking institution at the usual rate of interest for savings deposits to which a withdrawal notice of three months applies. In either case, the investment must be made separately from the assets of the lessor and the lessee is entitled to the income.
- Limitation is suspended for as long as the obligor, under an agreement with the obligee, is temporarily entitled to refuse performance.
- (7) The lender provides to the borrower a copy of the contract in which the contractual amendments are taken into account that result from subsections (2) to (6).
- (2) If a trade or business is operated with commercial bookkeeping, then a financial statement drawn up from the books is sufficient as a rendering of accounts.
- (3) If the grandfather or the grandmother of one set of grandparents is no longer alive at the time of the devolution of an inheritance, the place of the deceased grandparent is taken by their descendants.
- (1) If the assumption of the debt is agreed between the third party and the obligor, its effectiveness is subject to ratification by the obligee.
- In this declaration, the change in the price index that has occurred as well as the rent in the individual case or the increase are to be indicated as an amount of money.
- (3) If, in the case provided for by section 2251, the testator sets off on a new sea voyage before the expiry of the period, the period is interrupted with the effect that at the end of the new voyage the entire period starts to run from the beginning.
Financial Accounting II
- Before the custodian deals with important matters, they discuss them with the person under custodianship, to the extent that this is not inconsistent with the best interests of the latter.
- The payment service provider is obliged to unblock the payment instrument or to replace it with a new payment instrument once the reasons for blocking it no longer exist.
- (3) The organiser is obliged to take the measures necessitated by the cancellation of the contract, in particular, if the contract included the carriage of the traveller, to procure the traveller’s repatriation; the means of transport used for this purpose must be equivalent to that agreed in the contract.
- This includes in particular the nature, extent, implementation, anticipated consequences and risks involved in the measure, as well as its necessity, urgency, suitability and prospects for success with regard to the diagnosis or the therapy.
- (2) The excluded descendant may, notwithstanding their right of succession, require payment from the common matrimonial property of the continued community of property of the amount that would be due to them from the common matrimonial property of the marital community of property as a compulsory share if the continued community of property had not commenced.
- It provides businesses with a clear picture of their future financial obligations and helps them make informed decisions regarding resource allocation.
- The report also is to include information on the guardian’s personal contacts with the ward.
(4) The exclusion of application under subsection (2) applies accordingly, in the case of a consumer contract under which the trader enters into obligation to produce a thing that incorporates a digital product or is inter-connected with digital products, to those elements of the contract relating to the digital products. The exclusion of application under subsection (3) applies accordingly, in the case of a consumer contract under which the trader enters into obligation to deliver a thing, which is to be produced, that incorporates a digital product or is inter-connected with digital products, to those elements of the contract relating to the digital products. (5) Where a contractual party terminates the contract for a compelling reason, the contractor is entitled to demand only whatever remuneration covers the portion of the work performed up until the termination. If the customer terminates the contract, then the trader is entitled to demand the agreed remuneration; however, the trader must allow to be credited against them what they save due to the contract being cancelled or what they acquire or wilfully fail to acquire from other use of their labour.
Is encumbrance a debit or credit?
If a woman who has entered into a further marriage gives birth to a child that would be both the child of the former husband under sentences 1 and 2 and the child of the new husband under section 1592 no. 1, it is to be regarded only as the child of the new husband. If the paternity is challenged and if it is finally and bindingly established that the new husband is not the father of the child, then it is the child of the former husband. (2) Instead of the periodical payments, the person entitled may demand a lump sum as capital, if there is a compelling reason and the person obliged is not inequitably burdened by this. The divorced spouse liable for maintenance is liable before the relatives of the person entitled. However, to the extent that the person obliged is not able to pay, the relatives are liable before the divorced spouse. (3) The person entitled need not realise the basic assets to the extent that the realisation would be uneconomical or, taking into account the financial circumstances of both spouses, inequitable.
(1) If the parental custody ends or is suspended, or if their care for the assets of the child ends for another reason, they are to surrender the assets to the child and, on request, render accounts on their management. For each parent who does not have parental custody and with whom the child resides with the consent of the other parent or of another person with parental custody or on the basis of a court decision, section 1687 (1) sentences 4 and 5 and subsection (2) apply accordingly. (2) Where this parent is still alive, the family court, on application, is to transfer parental custody to this parent to the extent to which the parent was entitled to it before the point of time relevant under section 1677, unless this is inconsistent with the best interests of the child. (3) The family court may require the parent who endangers the assets of the child to provide security for the assets the parent has under management. The nature and the scope of the provision of security is determined by the family court in its discretion. In the creation and cancellation of the security, the cooperation of the child is substituted by the order of the family court.
Benefits of Encumbrance Accounting
This results in a credit of the invoice amount to the encumbrance account, reducing its balance. Then, the procuring company converts the encumbrance into an expenditure by transferring the transacted items from the encumbrance account into accounts payable. Encumbrance accounting involves recording encumbrances in the general ledger when the organization is certain about the time and amount of the anticipated expense. (2) In the case of a donation, the giver is not obliged to compensate for any objects of the estate that were consumed or alienated gratuitously before the donation was made, nor for any charge upon such objects created gratuitously before the donation. The obligation specified in section 2376 concerning the warranty for defects of title does not affect the giver; if the giver has fraudulently concealed a defect, they are obliged to compensate the recipient of the gift for the damage arising from it. (2) If the seller performed an obligation of the estate before the sale, they may demand reimbursement from the purchaser.
(2) If the agent was not aware of their lack of power of agency, they are obliged to provide compensation only for the damage which the other party suffers as a result of relying on the power of agency; but not in excess of the total amount of the interest which the other or the third party has in the effectiveness of the contract. The provisions of section 170, section 171 (2) and section 172 (2) do not apply if the third party knows or ought to know of the termination of the power of agency when the legal transaction is entered into. (2) The same applies if the declaration of intent is made to a person with limited capacity to contract.
Within the scope of applicability of such a collective agreement, the different collective agreement provisions between employers and employees who are not under collective bargaining coverage apply if the application of collective agreements has been agreed between them. 5.��if the remuneration is not assessed by time periods, at any time; in the case of a service relationship that completely or mainly takes up the economic activity pursued by the person obliged; however, a notice period of two weeks is to be observed. (2) If the duration of the service relationship neither is specified nor may be inferred from the nature or the purpose of the services, then either party may terminate the service relationship under the provisions of sections 621 to 623. (8) The right to demand extension of the lease under subsections (1) to (7) may only be waived if the waiver is declared by way of settling a lease dispute heard in a court of law or by a professional lease conciliation board. An agreement that one party to the lease is to have particular advantages or particular disadvantages if the party exercises or does not exercise the rights under subsections (1) to (7) is ineffective.
The encumbrance accounting process
(2) If a plot of land is the subject matter of the preemption, there is no need to provide security to the extent that there has been an agreement to create a mortgage on the plot of land for the deferred purchase price, or a debt for which a mortgage on the land exists has been assumed and credited towards the purchase price. This applies accordingly if a registered ship or ship under construction is the object of the right of preemption. (1) As a result of the assumption of debt, the suretyships and security rights created for the claim are extinguished.
Each obligee may demand that the obligor deposit the thing owed for all obligees or, if it is not suitable for deposit, that it be surrendered to a court-appointed depositary. The provisions relating to transfer of claims apply accordingly to the transfer of other rights unless otherwise provided by law. The provisions of sections 399 to 404 and 406 to 410 apply accordingly to the transfer of a claim by operation of law. (1) The obligor is obliged to perform to the new obligee only against delivery of a document concerning the assignment issued by the previous obligee.
(1) A surety is qualified if they possess assets appropriate for the amount of security to be provided and if they have their general place of jurisdiction within the territory of Germany. A person who has provided security by depositing money or securities is entitled to exchange the money deposited for suitable securities and the securities deposited for other suitable securities or for money. By the pledge of land charges or annuity land charges on plots of land within the territory of Germany. A person who damages or destroys a thing belonging to another in order to ward off from themselves or from another a danger threatened by the thing is not acting unlawfully if the damage or destruction is necessary to ward off the danger and the damage is not out of proportion to the danger.
If the possessor is deprived of possession, then the indirect possessor is entitled to require possession to be restored to the previous possessor; if the latter cannot or does not wish to retake encumbrance accounting possession, the indirect possessor may require that possession be granted to the indirect possessor. Under the same prerequisite, the indirect possessor, in the case set out in section 867, may require that they themselves be permitted to search for and remove the thing. If by a tort the person liable to pay compensation obtains something at the cost of the injured person, then even after the claim to compensation for the damage arising from a tort has become statute-barred, they are obliged to surrender the benefit obtained in accordance with the provisions on the surrender of unjust enrichment. This claim becomes statute-barred 10 years after it arises, or, notwithstanding the date on which it arises, 30 years after the date on which the act causing the injury was committed or after the other event triggering the loss occurred. Whether the person liable in damages is to provide security, the kind of security and for what amount is determined by the circumstances. A person who assumes the upkeep of a building or of a work attached to a plot of land for the possessor or is responsible for the upkeep of the building or the work by virtue of a right of use to which they are entitled is responsible in the same way as the possessor for the damage caused by the collapse or the separation of parts of the building.
