(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. The family court may, however, require the books and other supporting documents to be submitted. (1) The guardian is to report to the family court at least once a year on the personal circumstances of the ward. The report also is to include information on the guardian’s personal contacts with the ward.
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Immediate payment also would occur at an inopportune time if it would cause long-term deterioration in the housing conditions or other aspects of the life circumstances of the joint children of the spouses. If the maturity of the pledged claim depends on notice, the pledgee may, unless they have the right to give notice, demand that the creditor give notice, if the collection of the claim is necessary under the rules of proper management of assets by reason of a danger to its safety. Subject to the same prerequisite, the creditor may demand from the pledgee their approval of the notice, to the extent that approval is required.
- (2) If the pledge is encumbered by the right of a third party, then approval by the third party is required.
- However, all charges payable from the inheritance and all extraordinary charges that are to be regarded as imposed on the original value of the objects of the inheritance are borne by the purchaser.
- (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 a declaration of intent that is to be made to another person is made, with that person’s consent, only for the sake of appearance, it is void.
- If a person is appointed substitute heir for the case in which the heir first appointed cannot be heir or for the case where the heir first appointed does not wish to be heir, then in case of doubt it is to be assumed that they are appointed for both cases.
- This method is widely used in public sector accounting, non-profits, and large organizations where budgetary control is critical.
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A debtor need only allow it to be asserted against them that a claim acquired under section 718 (1) is part of the partnership assets if the debtor has obtained knowledge that it comprises such a part; the provisions of sections 406 to 408 apply accordingly. The rights and duties of the managing partners are determined by the provisions of sections 664 to 670 applicable to mandates to the extent that the partnership relationship does not lead to a different conclusion. The depositary may, if no safekeeping period has been specified, demand repossession of the thing deposited at any time. If a period has been specified, then the depositary may demand early repossession only if there is a compelling reason to do so. 2.��the payee or their payment service provider does not accept a strong customer authentication within the sense of section 1 (24) of the Act on Supervision of Payment Services. 2.��the loss of the payment instrument was caused by an employee, an agent, a branch office of a payment service provider or some other body to which activities of the payment service provider were outsourced.
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On the expiry of the period the office is deemed to have been refused unless the acceptance thereof is declared before then. (2) The acceptance and the refusal of the office is made by declaration to the probate court. (2) The same applies if the person charged has been ordered by a final and binding judgment to fulfil a testamentary burden which cannot be executed by a third person and the admissible enforcement measures have been applied against them without obtaining a result. The fulfilment of a testamentary burden may be demanded by an heir, a co-heir and any person who would directly benefit from the end of the involvement of the person initially charged with the testamentary burden. If the fulfilment is in the public interest, the public authority responsible may also demand fulfilment.
Encumbrance Accounting: Ensuring Financial Accuracy and Efficiency
(1) The usufructuary lessor is to reimburse the usufructuary lessee on the termination of the lease for outlays other than necessary outlays that they have approved, to the extent that the outlays increase the value of the leased property beyond the end of the lease period (added value). If the usufructuary lessee makes use of the leased property in breach of contract, and if they continue such use in breach of contract notwithstanding a warning notice from the usufructuary lessor, then the usufructuary lessor may seek a prohibitory injunction. (4) Upon application, the Agricultural Court (Landwirtschaftsgericht) decides on encumbrance accounting disputes under subsections (1) and (2). If the usufructuary lessee fails to give consent in the cases governed by subsection (3), then the Agricultural Court may give substitute consent on application by the usufructuary lessor. If a farm lease is concluded for more than two years without written form, then it remains in effect for an indefinite period of time.
- In the case of a violation of section 1303 sentence 1, a minor spouse may file the petition only without a representative; they do not need the approval of their legal representative for this.
- An entry is made in the journal with a debit to the encumbrance account and transferred to the general ledger.
- (2) The provisions applying to limitation of sections 206, 210 and 211 apply accordingly to these time limits.
- (4) An object does not belong to the inheritance within the meaning of subsection (1) if the testator is obliged to alienate it.
- Where, following receipt of the consideration, an invoice or an equivalent statement of payment is submitted to the obligor, the time at which said invoice or statement of payment is received will take the place of the time at which the consideration is received as set out in sentence 1.
- (1) If a legatee is guilty of one of the examples of misconduct set out in section 2339 (1), then their claim arising under the legacy is voidable.
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(3) A lessee loan, an advance rent payment or a service performed for the lessee by a third party for the modernisation measures are equivalent to a loan from public authorities. Funds from the financial institutions of the Federal Government or of a Land are deemed to be funds from public authorities. (4) In making reference to a list of representative rents setting out ranges, it is sufficient if the rent demanded lies within the range. If, at the time at which the lessor makes their declaration, no list of representative rents is available that complies with sections 558c (3) or 558d (2), then another list of representative rents, in particular an outdated one, or a list of representative rents from a comparable municipality may be used. (1) The lessor may demand approval of an increase in rent up to the reference rent customary in the locality if, at the time at which the increase is to occur, the rent has remained unchanged for 15 months.
Importance of encumbrance accounting
(2) The probate court has jurisdiction over the decision on the claim for additional time, if it is not contested. Section 1382 (2) to (6) applies accordingly; the probate court takes the place of the family court. If an heir himself of herself is entitled to a compulsory share, they may refuse the augmentation of their compulsory share to the extent that they would retain their own compulsory share, including what would be due to them as an augmentation of their own compulsory share.
