Bank account

Bank account (of Italian conto: account, bank account, payment ) is the colloquial collective name for all account types, credit institutions for their customers.

• 5.1 Individual Account of a spouse
• 5.2 Joint Account of the spouses

General

In particular, it is understood here under the current accounts as the most important type of account, on which the entire face and cashless payment transactions will be processed. In addition, all cash-based equivalent deriving from depot, metal and other accounts are recorded on it. In addition, banks also lead accounts are settled through the only certain shops ( Days Money, Currency accounts, etc. ). Also, they are sometimes called bank accounts.

Legal Issues

The bank account is one of a credit institution accounts are guided in accounting on the basis of the current account (§ § 355 et seq ) and the Terms & Conditions which ends with a credit- or debit- balance. This calculation leads to a mostly created for quarterly or year-end accounts. This usually also the accrued interest and fees will be charged.

As the account holder is a person who is the bearer of rights and obligations of a bank account underlying current contract and will be recognizable after the parties' intentions as creditors or debtors of the bank. The authorized person (or authorized representative ), however, is granted by the Account Holder with a bank power of attorney, which he may carry out all acts and transactions in the name and for the account of the account holder, which are in direct connection with the account management. These include in particular

• The authorization to dispose of existing bank balances,
• Granted loans avail,
• Make use of standard bank overdrafts in the framework and use
• , Account statements and notices to accept or acknowledge.

Thus, the account authority is a legal transaction reasoned authority to represent the account holder. The declarations made by the authorized person on behalf of the represented account holder declarations act directly for and against the account holder as an account available. An account authorization is regularly called a power of attorney genus, as it authorizes to all usually directly related to the accounting related jobs.

While a credit balance on the bank customer 's bank account is a requirement of irregular detention pursuant to § 700 BGB, the debit balance is a loan payable within the meaning of § 488 BGB. Receipts and payments to the bank account are therefore usually also acts to create or fulfill the said obligations or individual obligations from them. In the case of credit-side bank accounts cash payments represent the return of custody for the customer ( § 688 BGB) and cash to the devotion of the money is to be conserved and ( § 700 German Civil Code); in debit accounts are cash payments as loan disbursements to view cash deposits as loan repayments (§ § 488 ff BGB).

Account types according to the power of disposal

With regard to the right of disposal is legally distinguished between individual account and joint account. Distinction must be made between an account holder and an authorized person through a bank account. Since October 2009, the two account types are mentioned by the in § 675f para 2 BGB adopted Payment Services Directive, because banks have followed " to lead on its name or the names of several payment service users payment account "; with the payment service user of the account holder is meant.

• In the single account is a bank account that is performed for a single individual or a single legal entity either and therefore has only one account holder. The account holder is the sole creditor of the credit claim or borrower of a debt balance. This account owner may designate one or more natural or legal persons authorized to dispose over the individual account regardless of however.
• In contrast to the single account have joint accounts for more than one account holder. These are general creditors pursuant to § 428 BGB or joint debtor pursuant to § 421 BGB, which among themselves a mutual rata obligation to pay compensation under § 430 or § 426 BGB applies internally. While each of the joint creditor is entitled to have the whole account, each account holder is liable for a debt balance owed to the bank ( in the external relationship ) in full. Depending on the available permission then it is called either an AND or an OR account account.

And accounts

When And account all orders can only be made jointly by all the account holders, account holders must therefore work together. The bank can only afford to all account holders jointly with discharging effect. Depending on the design of the interior ratio is the account and either a community of joint or a fraction according to § 741 BGB Community, the account holder shall be entitled only to Community dispositions pursuant to § 432 BGB. Regardless of whether internally present community of joint or fraction Community, adhere all account holders of an account and to the credit institution as joint debtors. If seized the account claim under the execution against one of the account holders, the other account holder has a right to intervene pursuant to § 771 ZPO.

Or accounts

When or account each of the two or more account holders has an individual right of disposal. The account holder (eg spouse) agreed with the bank that they may have the account independently. Each account holder can only have the entire balance. However, it is not possible that one of the account holders alone dissolves the account. For this purpose, the signatures of all account holders are required.

One or account is usually established by spouses and enables available on each spouse 's account, regardless of the other spouse. As the owner of an OR account the spouses are joint creditors pursuant to § 428 BGB, with the result that the internal relationship between the spouses an obligation to pay compensation in accordance with § 430 German Civil Code is concerned, as far as a spouse has used more than half of the credit for themselves. Such compensation claim is made during the intact marriage time but not ( § 1353 BGB). Only after the separation can occur this compensation claim. The liability of both spouses remains against the bank in external relationships exist, the Bank may demand the whole debt balance from one account holder. The total group of creditors who means that in the case of attachment of the account in the context of execution against an account holder of the Account Holder any other third party proceedings ( § 771 ZPO) may collect.

Controversial is the question of whether an account holder or an account may unilaterally convert this into a And account. The Supreme Court has denied asking this question because a conversion of an Or - account in one account and deteriorating the status of the other account holder. The terms and conditions now provide in Section 5, that each account holder may revoke the individual right of disposal of another account holder for the future.

Or deposit accounts

In Or - deposit account is to distinguish between the property location on the held securities and the rights under the deposit agreement. The internal relations of joint creditors regulatory § ​​430 BGB is relevant only to the rights under the deposit agreement of meaning, but not for the property location on the held securities. After that only with regard to the rights under the deposit agreement, but not with respect to the securities held with the holder of a depot or joint creditors. Total creditors shaft bearer securities, in particular for shares, there is not. Decisive thus the rem permission, ie property location. About this gives the construction of a depot or as a depot usually inconclusive. This is true because the account holder does not necessarily have to be the owner of the securities held in custody. Experience has shown that the establishment of a depot or married couples often serves only the purpose of allowing property owner with the rem unauthorized other spouse to dispose of the securities.

Account types according to the business object

For legal reasons, or for clarity lead banks for a customer several types of accounts, especially in extensive business relationship. These account types are described by the term bank account.

• The current account (also called a current account or deposit account ) serves as the payment account of the settlement of ongoing inputs and outputs.
• The savings account - often referred to as a savings account - provides a short-term interest-bearing investment already for small amounts.
• Savings account and term deposit account will be used for short-term investment of unneeded resources.
• Credit accounts are used for processing of loans.
• Foreign currency accounts are current accounts, are recognized in the sales in a given foreign currency in which a conversion into euro (at first) is not provided. About Any foreign currency balances may later be issued in the same foreign currency, so that an exchange rate risk does not exist.
• Credit card accounts are usually managed as Revolvingkonto and serve the booking of the card transactions.
• Donation accounts are used for processing of donations and are usually designed as checking accounts.
• A shadow account is, for example, out for money cards. Here, the data stored on the card sales are mirrored.
• In the multi- value account, in addition to normal services giro account, gold credit cards, contain a number of insurance benefits and other perks. However, this added value accounts are often more expensive than regular checking accounts.
• The metal account is a run in ounces or kilograms and grams or number of coins account.

Spouses accounts

A variety of litigation concerns the treatment of single or joint accounts in divorce. When spouses joint accounts are the most common.

Individual account of a spouse

Account holder of an individual account is a spouse alone, regardless of the account authorization for the other spouse. Therefore, the account holder is also creditors of the account balance, regardless of by whom they have been paid or remitted. This also applies to debt balances on the account. They are liabilities of the account holder, even if they are caused by orders of the account authorized spouse or loads of others.

Exceptionally, a balance of an individual account all or part of either spouse is entitled, if

• The spouses agreed that the balance should be entitled two or
• Deposit both spouses balances on a single account of a spouse to save for a specific purpose or
• One spouse can transfer his entire earnings on a single account of the other spouse. Then the conjecture suggests that the account balances in proportion to each spouse is entitled.

Joint account of the spouses

Is on a joint account, a credit balance, so this credit is in doubt each spouse to half. As a joint creditor spouses shall, in accordance with § 430 BGB internal relationship a mutual obligation to pay compensation, regardless of their marital property existing conditions. It does not matter where the funds came from. Has only about the husband income that is paid into the joint account, the balance is yet to be half of the wife, if the spouses have agreed otherwise. Claiming a spouse, it would be more than half of the balance, he must prove it.

Both spouses are liable in half for negative balances, even if one spouse without the other's consent has lifted a larger amount up to the credit limit for yourself. Arise here - but not easily enforceable - refund claim of the other spouse if the corresponding amount was issued about - the so -called " Kontoplünderung ". This is a sub-case of damage according to § 826 BGB, if one spouse makes the verge of separation without the knowledge of the other account holder at the joint account dispose of its rightful share out, and this is the injury intent. This intent is always present if the spouse knows that he stands out more than his due. If he picks up more than half of the balance, so he has to the other spouse refund the difference. However, this refund claim may no longer be enforceable if the affected spouse has already spent the money, for example for moving expenses.

Debt on a joint account are joint debts. Each spouse shall be liable in the internal relationship (ie the spouses to each other ) in half for joint debt balances from a joint account, regardless of which and by whom the debt is incurred, the Bank may, however, make one of the account holders liable for the total amount.