Federal Supreme Court

Posted March 23rd, 2017 by Bryan

The lawyers inform Pach & Pach on July 13, 2010, the Supreme Court ruled that the question after the Fristgemassheit of rent transfer Saturday is not expected to weekdays (BGH VIII ZR 129/09). Tenants benefit from a longer payment period by this judgment. The causes and significance of this important Federal Supreme Court judgment constitute the tenancy law specialists of the firm Pach & Pach. The current judgment of the Federal Court of Justice was based on two audit actions. In the present cases had the Contracting Parties, in accordance with the 556 para.

1 BGB, contractual agreements, certain, that the rent in advance to pay was up to the third working day of each month. The applicant landlord had reminded their respective tenants because a previous payment deadline, when a new rental took place on Tuesday, the fifth day of the month in question. The plaintiff took this as an opportunity to cancel the respective leases, and to sue on evacuation of apartments. The competent courts were the charges off. Also, their appeals were unsuccessful. In the last instance, now even the Supreme Court denied a revision of the Court judgments. This decision VIII.

becoming civil Senate of the Federal Supreme Court essentially due to the non-applicability of the Saturday considered a working day in the framework of the provisions of 556 para. 1 BGB. The Bundesgerichtshof from the history of the section headed the special position of the Saturday for the statutory time limit for the payment of rent 556 para. 1 German civil code here. When the provision came into force on the 01.09.2001, she legally should normalize a contractual practice widespread at this time. The comprehensive three days grace period”serves a relief desired by the legislature in this period the wholesale obligation of the tenant to the landlord for the timely payment of the rent.

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