• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
Rechtsanwalt Marian Härtel - ITMediaLaw

No products in the cart.

  • en English
  • de Deutsch
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Kurzberatung
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Rechtsanwalt Marian Härtel - ITMediaLaw

Law on payment obligations in the Corona crisis *Update*.

7. November 2022
in Other
Reading Time: 6 mins read
0 0
A A
0
gesetz zu zahlungsverpflichtungen in der corona krise update 1
Key Facts
  • The obligation to file for insolvency is suspended until 30.09.2020 if companies become insolvent due to Covid-19.
  • A moratorium on certain contracts is only granted for consumers and micro-enterprises.
  • The right to refuse performance does not apply to rental, lease and employment contracts.
  • Terminations of tenancies are excluded if the payment defaults are due to Covid-19.
  • Loan payments are deferred until 30.06.2020 unless the creditor has sufficient grounds.
  • The regulations mainly apply to continuing obligations and not to one-off payments.
  • The Federal Ministry can extend regulations until 31.07.2021 if necessary.

Update 03/25/2020:

The bill shown below has been weakened.

– The obligation to file for insolvency will be suspended initially until Sept. 30, 2020, and possibly later until March 31, 2021. The prerequisite is that a company has become insolvent as a result of Covid-19. For companies that were still solvent as of Dec. 31, 2019, it is presumed that the insolvency that has now occurred is due to Covid-19. In addition, for the period of suspension of the obligation to file for insolvency, the contestability under insolvency law of legal acts of the de facto insolvent company is excluded to a large extent, but for a limited period of time.
– A moratorium is still envisaged with regard to obligations under the law of obligations.
Certain debtors are to be granted a temporary right to refuse performance for certain contractual relationships. However, the scope of the affected was toned down. Thus, the law is intended to apply only to consumers within the meaning of § 310 para. 3 BGB, as well as to microenterprises, i.e. those that wThe company must employ fewer than 10 people and its annual turnover or annual balance sheet must not exceed EUR 2 million. These beneficiaries are paid for The right to refuse performance, initially limited in time to June 30, 2020, is granted to all parties to a continuing obligation established before March 8, 2020. The temporal effect of the right to refuse performance may be extended by ordinance until Sept. 30, 2020. However, this does not apply to all continuing obligations, but only to those that are connected to the provision of services of general interest and, in the case of microenterprises, to those contracts that are necessary for the reasonable continuation of its business operations. In addition, but this is probably clear, a right to refuse performance only applies if the inability to perform is based on reasons attributable to Covid-19.
– It should be noted, however, that in the event that the debtor’s right to refuse performance makes it unreasonable for the creditor, the debtor may terminate the continuing obligation.
– Furthermore, the right to refuse performance shall not apply to rental and lease agreements, loan agreements, and employment contracts.
– For rental and lease agreements, the right to extraordinary termination without notice based on default in payment (Sections 543, 573 of the German Civil Code (BGB)) shall be excluded if the default in payment is based on due rental payments from the period from April 1, 2020 to June 30, 2020 (extendable until September 30, 2020 by legal decree) and a liquidity weakness due to Covid-19 that must be substantiated. The termination exclusion will apply until June 30, 2022.
– The regulations for loan agreements were also limited to consumer loan agreements pursuant to Section 491 of the German Civil Code. In this case, the borrower will be granted a lump-sum deferral of 3 months for all interest and repayment claims falling due in the period from April 1 to June 30, 2020 (extendable to September 30, 2020) under loan agreements concluded before March 15, 2020, provided that the borrower proves that he is unable to meet his Covid 19 obligations without jeopardizing his reasonable livelihood. During this period in which a deferral takes effect, termination is generally excluded. The lender is also to be required to make individual agreements with the borrower. If no agreement is reached, the deadlines are extended by 3 months in favor of the borrower.
The regulations all correspond to the legal ideas, of § 313 para. 1 BGB (German Civil Code), which governs the elimination of the basis of the contract. However, this norm has been applied very little in the past and the idea still originates from the Imperial Court.
However, it should also be noted that the draft law, which is now probably final, only creates regulations for continuing obligations. One-time bookings of concerts, premises, events and the like are not covered by the wording and must probably be regulated regularly via § 313 BGB.
*original message

 

The German government is expected to pass a law early next week that will impose numerous obligations regarding payments in the Corona crisis.

The draft law is currently not without its critics, and above all it should be noted that the regulations only include deferrals of obligations, as deferrals of payments. The obligation therefore revives at a later date.

Among other things, Article 240 of the Introductory Act to the Civil Code is to be worded as follows:

§ 1

Moratorium

(1) A debtor has the right to refuse performance of a claim related to a contract entered into before March 8, 2020, until September 30, 2020, if, as a result of circumstances attributable to the spread of SARS-CoV-2 virus infections (SARS-CoV-2 virus pandemic),

1. cannot provide the service or

2. the provision of the benefit would not be possible without endangering his reasonable subsistence or the reasonable subsistence of his dependants or the economic basis of his business.

(2) Paragraph 1 shall not apply,

1. if the exercise of the right to refuse performance is unreasonable for the creditor, taking into account all the circumstances of the individual case, including the changes in the general circumstances of life caused by the COVID 19 pandemic,

2. insofar as in individual cases applicable provisions of international conventions on the carriage of goods contain conflicting regulations.

Paragraph 1 shall also not apply in connection with

1. contracts pursuant to §§ 2 and 3,

2. employment contracts,

3. package travel contracts,

4. contracts for the carriage of passengers by air or rail.

If the right to refuse performance under subsection 2 sentence 1 number 1 is excluded, the debtor may withdraw from the contract. In the case of continuing obligations, the right of rescission shall be replaced by the right of termination.

(3) Paragraphs 1 and 2 may not be deviated from to the detriment of the debtor
.

§ 2

Restriction on the termination of tenancies

(1) A landlord may not terminate a lease of land or premises to the extent that the tenant fails to pay rent during the period from April 1, 2020, through September 30, 2020, despite the fact that rent is due, and the failure to pay is due to the effects of the COVID 19 pandemic. The link between COVID-19 pandemic and non-performance is suspected. Other rights of termination shall remain unaffected.

(2) Paragraph (1) shall apply only until September 30, 2022.

§ 3

Regulations on loan law

(1) For loan agreements entered into prior to March 8, 2020, claims of the lender for repayment, interest or principal payments due between April 1, 2020, and September 30, 2020, shall be deferred for a period of six months upon the occurrence of the due date if the borrower experiences a loss of revenue due to the extraordinary circumstances caused by the spread of the COVID-19 pandemic that results in the borrower being unable to reasonably perform the service owed. He cannot reasonably be expected to provide the service in particular if

1. his or her reasonable living expenses or the reasonable living expenses of his or her dependents; or

2. the economic basis of his business is endangered. The link between the COVID-19 pandemic and the revenue shortfalls is suspected.

(2) Termination by the lender due to default in payment or significant deterioration in the financial circumstances of the borrower shall be excluded in the case of paragraph 1 until the end of September 30, 2020.

(3) The contracting parties may reach agreements deviating from paragraph 1, in particular on possible partial payments, interest and repayment adjustments or debt rescheduling. Paragraph 2 may not be deviated from to the detriment of the borrower.

(4) The lender shall offer the borrower a discussion on the possibility of an amicable settlement and on possible support measures. Remote means of communication may also be used for this.

(5) If an amicable settlement is not reached for the period after September 30, 2020, the term of the agreement shall be extended by six months. The respective due date of the contractual services shall be postponed by this period. The Lender shall provide the Borrower with a copy of the Contract reflecting the agreed amendments to the Contract or the amendments to the Contract resulting from the first sentence and the first sentence of paragraph 1.

(6) Paragraphs (1) through (5) shall not apply if the lender asserts that deferral or exclusion of termination is unreasonable for the lender, taking into account all the circumstances of the case, including changes in general circumstances caused by the COVID-19 pandemic.

§ 4

Ordinance Authorization

The Federal Ministry of Justice and Consumer Protection is authorized, in agreement with the Federal Ministry of Finance and the Federal Ministry for Economic Affairs and Energy, by ordinance without the consent of the Bundesrat, to

1. to extend the application of § 1 until July 31, 2021 at the latest,

2. to extend the termination restriction contained in section 2(1) to rent arrears incurred in the period from October 1, 2020 to March 31, 2021 at the latest,

3. to extend the period referred to in Section 3 (1) and (2) to up to twelve months and the period referred to in Section 3 (2) to no later than the end of March 31, 2021,

when it is expected that the social lives and employment of large numbers of people will continue to be significantly affected by the COVID-19 pandemic.

Marian Härtel
Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.

Tags: ConsumerConsumer protectionCreditorCustomizationDebtorEventsInsolvencyInterestKündigungLawsRegulationVerträge

Weitere spannende Blogposts

Digital and collaborative contract creation

Why are contracts important?
7. November 2022

In addition to the client portal (see this article), I am finalizing a collaborative contract creation portal for a near-term...

Read moreDetails

OLG Munich or “Gambling costs money again!”

Lottery brokerage/gambling/betting on the Internet without permission?
3. June 2019

The issue of gambling, the State Contract of Gambling and payments to providers is not only very relevant, but also...

Read moreDetails

BGH on Liability for Video Uploads of Third Parties

copyright
19. June 2019

The Federal Court of Justice has delivered an interesting verdict on the question of liability for video uploads of third...

Read moreDetails

Federal Constitutional Court: Right to Be Forgotten II

Federal Constitutional Court: Right to Be Forgotten I
27. November 2019

What is it all about? The decision "Right to be Forgotten II" published today, which is supplemented by the decision...

Read moreDetails

Frankfurt district court a.M. softens influencer jurisdiction

15. July 2019

The Regional Court of Frankfurt am Main has appealed against the vast majority of German regional and regional courts and...

Read moreDetails

Dismissal due to Islamophobic WhatsApp messages

Twitter account needs approval of works council
13. December 2019

The Baden-Württemberg State Labour Court has ruled that a dismissal of a worker for massive insults and Islamophobic remarks in...

Read moreDetails

Game promotion: take advantage of opportunities with professional advice!

Game promotion: take advantage of opportunities with professional advice!
27. November 2019

The situation The entire industry of computer game developers in Germany is certainly pleased that the Federal Government has decided...

Read moreDetails

MDR may delete comments without broadcast reference on its Facebook page

MDR may delete comments without broadcast reference on its Facebook page
2. December 2022

Public broadcasters are entitled to delete non-broadcast-related comments made by users in forums on their corporate social media pages. This...

Read moreDetails

Online retailer: Notice of warranty of defects

Online retailer: Notice of warranty of defects
19. November 2018

At the moment, there seems to be a new round of warnings if, in the case of online retailers, in...

Read moreDetails
So langsam nimmt der Shop Form an
Internally

So langsam nimmt der Shop Form an

3. July 2025

Mein neuer ITMediaLaw-Shop füllt sich stetig mit Inhalten und Angeboten – von praxisnahen E-Books über umfassende Bundle-Pakete bis hin zu...

Read moreDetails
Dark Patterns: UX-Tricks im Visier von Gesetzgeber und Gerichten

Dark Patterns: UX-Tricks im Visier von Gesetzgeber und Gerichten

2. July 2025
Altersverifikation im Internet: Pflichten für Anbieter in Deutschland und Europa

Altersverifikation im Internet: Pflichten für Anbieter in Deutschland und Europa

30. June 2025
KI-Training und Urheberrecht: US-Gericht setzt auf Fair Use – was bedeutet das für KI und was gilt in Deutschland?

KI-Training und Urheberrecht: US-Gericht setzt auf Fair Use – was bedeutet das für KI und was gilt in Deutschland?

26. June 2025
KI-Codetools und Open-Source-Lizenzen: Risiken für Entwickler

KI-Codetools und Open-Source-Lizenzen: Risiken für Entwickler

25. June 2025

Podcastfolge

Startups und Innovation in Deutschland – Herausforderungen und Chancen

Startups und Innovation in Deutschland – Herausforderungen und Chancen

25. September 2024

In dieser aufschlussreichen Podcast-Episode wird ein tiefgreifender Blick auf die Startup- und Innovationslandschaft in Deutschland und Europa geworfen. Die Diskussion...

Read moreDetails
Rechtskette beim Spieleentwickler

Rechtskette beim Spieleentwickler

19. April 2025
eda7ba83 c559 4e68 8441 41159a0751f3

Blitzskalierung und rechtliche Herausforderungen: Der Balanceakt für Startups

20. April 2025
Legal challenges when implementing confidential computing: data protection and encryption in the cloud

Smart Contracts und Blockchain

22. December 2024
Digitale Souveränität: Europas Weg in eine selbstbestimmte digitale Zukunft

Digitale Souveränität: Europas Weg in eine selbstbestimmte digitale Zukunft

12. November 2024

Video

Mein transparente Abrechnung

Mein transparente Abrechnung

10. February 2025

In diesem Video rede ich ein wenig über transparente Abrechnung und wie ich kommuniziere, was es kostet, wenn man mit...

Read moreDetails
Faszination zwischen und Recht und Technologie

Faszination zwischen und Recht und Technologie

10. February 2025
Meine zwei größten Herausforderungen sind?

Meine zwei größten Herausforderungen sind?

10. February 2025
Was mich wirklich freut

Was mich wirklich freut

10. February 2025
Was ich an meinem Job liebe!

Was ich an meinem Job liebe!

10. February 2025
  • Privacy policy
  • Imprint
  • Contact
  • About lawyer Marian Härtel
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • en English
  • de Deutsch
Kostenlose Kurzberatung