If the usufructuary lessee fails to return the leased property upon termination of the usufructuary lease, then the lessor may, for the duration of the retention, demand the agreed rent as compensation in the ratio of the emoluments which the usufructuary lessee took or could have taken in this period to the emoluments of the whole lease year. (1) The usufructuary lessee of a plot of land is entitled to a security right over the inventory items in their possession for claims against the usufructuary lessor that relate to inventory included in the usufructuary lease. (1) A usufructuary lease imposes on the usufructuary lessor the duty to allow the usufructuary lessee, for the lease period, the use of the leased object and the enjoyment of its fruits to the extent that they are deemed to be the yield under the rules of proper management.
“Encumbrance Accounting” also found in:
(1) The right of the owner of a plot of land may, if the plot of land has been in the proprietary possession of another for encumbrance accounting 30 years, be excluded by way of the judicial call procedure. The period of possession is calculated in the same way as the period for acquiring a movable thing by prescription. Where the owner is entered in the Land Register, the judicial call procedure is admissible only if the owner is dead or missing and a registration in the Land Register that required the approval of the owner has not been made for 30 years. (1) The agreement between the alienor and the acquirer (declaration of conveyance) necessary for the transfer of ownership of a plot of land under section 873 must be declared in the presence of both parties before a competent agency. Any notary is competent to take receipt of the declaration of conveyance, notwithstanding the competence of other agencies.
- (4) Sections 1568a and 1568b apply accordingly; here, particular account is to be taken of the circumstances given at conclusion of the marriage, and in the case of a breach of section 1306 of the concerns of the third person.
- (1) Where something is given as an earnest when a contract is entered into, this is deemed to be a sign that the contract has been concluded.
- To the extent that the guardian requires ratification from the supervisory guardian for a legal transaction, the provisions of sections 1828 to 1831 apply accordingly; by way of derogation from section 1829 (2), the period for notification of ratification by the supervisory guardian is two weeks.
- (4) Where a deficiency has become apparent in the course of the limitation period, the claims will not become statute-barred prior to the expiry of four months following that point in time at which the deficiency first became apparent.
- (2) If no sufficient bid is made, the sale may be effected by private agreement by a person authorised to sell by public auction at a price not less than the gold or silver value.
- The stipulations set out in subsection (3) numbers 1, 6, and 7 do not apply, however, to the creation of a lease for accommodation serving residential purposes if the lessee has previously inspected the dwelling.
Financial Accounting II
If the account statement for the current account is issued on a quarterly basis, then the point in time relevant for the prerequisites set out in sentence 1 to be given is the respective account statement. The offer to provide advisory services is to be made to the borrower in text form using that channel of communications that is customarily used in contacting the borrower. (2) Insofar as the residual debt of a consumer credit agreement falls due prior to the agreed period by notice being given, the overall costs of the credit are reduced by the interest and the other term-linked charges which, if graduated calculation is used, apply to the period after the due date. (1) Insofar as the borrower discharges their obligations under a consumer credit agreement early under section 500 (2), the overall costs of the credit are reduced by the interest and the costs to correspond to the remaining term of the contract. (1) The borrower may terminate a general-purpose consumer credit agreement, regarding which no time for repayment has been determined, as a whole or in part without observing a period of notice. (3) The lender may not terminate a consumer credit agreement, otherwise end it, or demand that it be amended solely by reason of the information provided by the borrower prior to conclusion of the contract having been incomplete, or because the assessment of the borrower’s creditworthiness was not performed properly.
- The family court is to grant substitute authorisation if this is in the interest of the ward.
- If a legal transaction that a spouse undertakes without the required approval of the other spouse enriches the common matrimonial property, the enrichment is to be returned from the common matrimonial property under the provisions on unjust enrichment.
- This intent implies that the business is highly likely to spend money in the future, which implies a commitment to make a purchase.
- The advantages which ensue from the lapse of a legacy or a testamentary burden, or from the duty of a co-heir to adjust advancements, are owed to the purchaser.
- In the cases governed by sections 946 and 947, the removal under the provisions applying to the right of removal of the possessor in relation to the owner is admissible even if the combination was not made by the possessor of the main thing.
What Is Encumbrance Accounting?
(2) If the apportionment by the person promising the reward is not recognised as binding by one of those concerned, then the person promising the reward is entitled to refuse fulfilment until those concerned have settled the dispute on their entitlement among themselves; each of them may demand that the reward be deposited for all of them. (1) If more than one person has contributed to an outcome for which the reward is promised, then the person promising the reward is to apportion the reward at their reasonably exercised discretion, taking into account the contribution of each one to the outcome. The apportionment is not binding if it is manifestly inequitable; in such a case the matter is decided by court decision. (2) Revocability may be waived in the promise of a reward; in cases of doubt, a waiver may be seen in the setting of a period of time for undertaking the act.
The encumbrance accounting process
(2) The same applies to the claim the obligee has to surrender or to payment of remuneration for emoluments and to the claim the obligor has to reimbursement of outlays. The right of the obligee to compensation for damage caused by the default remains unaffected. The obligor is liable for performance in the case of chance as well, unless the damage would have occurred even if performance had been made in good time. A person who owes only the care that they customarily exercise in their own affairs is not released from liability for gross negligence. (4) Where an agreement pursuant to subsections (1) to (3) is ineffective, the contract remains effective in all other respects. (2) The performance chosen is deemed to have been the only performance owed from the outset.
Why is Encumbrance Accounting Important?
Where management has been transferred to more than one partner, the provisions of section 709 apply accordingly. The claim to which the guest is entitled under sections 701 and 702 becomes extinct if the guest fails to notify the innkeeper without undue delay after obtaining knowledge of the loss, destruction or damage. This does not apply if the things were accepted by the innkeeper for safekeeping or if they or their helpers are at fault for the loss, destruction or damage.
Why is encumbrance accounting needed?
(6) If the contract does not contain the information under subsection (2), or not all of it, it may be provided subsequently on a durable medium after the contract has been effectively concluded, or, in the cases governed by section 494 (2) sentence 1, after the contract has become valid. If the lack of information under subsection (2) has led to amendments in the contractual conditions in accordance with section 494 (2) sentence 2 to subsection (6), the information may be subsequently provided only by the borrower receiving the copy of the contract that is required under section 494 (7). In the other cases, at the latest at the time of subsequently providing the information, the borrower must receive one of the documents designated in section 356b (1).
(2) If there are relatives neither of the first nor of the second degree nor grandparents who are alive, the surviving spouse receives the whole inheritance. If a person belongs to more than one stirps in the first, the second or the third degree, they receive the shares due to them in each of these stirpes. (4) In the cases under section 1756, the adopted child and the descendants of the natural parents or of the other parent of the child are not heirs of the second degree in relation to each other. (2) A person who is not yet alive at the time of the devolution of an inheritance, but has already been conceived, is deemed to have been born before the devolution of an inheritance.
