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Book 2 · Law of obligations  ›  Subtitle 2 · Financial accommodation between a trader and a consumer › Section 506

Deferment of payment, other financial accommodation

(1) The provisions of sections 358 to 360 and sections 491a to 502 as well as sections 505a to 505d applying to general-purpose consumer credit agreements are to be applied accordingly, to the exception of section 492 (4) and subject to subsections (3) and (4), to contracts by which a trader grants a consumer a non-gratuitous deferment of payment or grants the consumer some other non-gratuitous financial accommodation. Where the non-gratuitous deferment of payment or the other non-gratuitous financial accommodation relates to the acquisition or preservation of the property right to plots of land, to existing buildings or buildings yet to be constructed, or where it relates to the acquisition or preservation of rights equivalent to real property, or where the claim of the trader is secured by a mortgage or a charge on land, the provisions applying to consumer credit agreements relating to immovable property set out in sentence 1 as well as section 503 apply accordingly. A gratuitous deferment of payment is considered a non-gratuitous deferment of payment in accordance with sentence 2 if it is made subject to the claim being secured by a mortgage or a charge on land.

(2) Contracts between a trader and a consumer on the non-gratuitous use of an object are deemed to constitute non-gratuitous financial accommodation if it is agreed that

1.  the consumer is obliged to acquire the object,

2.  the trader may demand that the consumer acquire the object, or

3.  the consumer is to pay for a specific value of the object on termination of the contract.

Section 500 (2), section 501 (1) and section 502 are not to be applied to contracts under sentence 1 no. 3.

(3) Subject to subsection (4), the special provisions contained in sections 507 and 508 apply additionally to contracts for the supply of a specified thing or the provision of a specified other service in return for instalment payments (instalment payment transactions).

(4) The provisions of this Subtitle are not to be applied in the scope determined in section 491 (2) sentence 2 nos. 1 to 5, subsection (3) sentence 2 and subsection (4). Insofar as in accordance with the type of contract there is no net loan amount (section 491 (2) sentence 2 no. 1), it is replaced by the cash payment price or, if the trader has acquired the object for the consumer, by the acquisition price.

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