The Federal Court of Justice's 11th Senate (BGH, 20 July 2010, XI ZR 236/07) recently explained obiter dictum how banks can make direct debit payments (Zahlung per Einzugsermächtigungslastschrift) more insolvency proof. Following this judgement, banks may now want to change their general terms and conditions accordingly. Further, the 11th Senate ruled on conditions of implicit approval of debits in the direct debiting system by the debtor. The 9th Senate, responsible for insolvency law, supports the 11th Senate's view on both issues.
[Read More]Posted by Peter Jark and Simon Weber on Thursday 04 Nov 2010