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Book 2 · Law of obligations  ›  Subtitle 2 · Financial accommodation between a trader and a consumer › Section 508

Revocation with regard to instalment payment transactions

The trader may revoke an instalment payment transaction by reason of default in payment by the consumer only if the prerequisites designated in section 498 (1) sentence 1 are met. The total amount corresponds to the nominal amount. The consumer also is to compensate the trader for the expenses incurred as a result of the contract. The reduction in value that has since occurred is to be taken into account in the calculation of remuneration for the emoluments of a thing to be returned. If the trader takes back the thing supplied under the instalment payment transaction, this is deemed an exercise of the right of revocation, unless the trader agrees with the consumer to pay the latter the usual market value of the thing at the time of its removal. Sentence 5 applies accordingly if a contract for the supply of a thing is linked to a consumer credit agreement (section 358 (3)) and if the lender takes the thing; in the case of rescission, the legal relationship between the lender and the consumer is governed by sentences 3 and 4.

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