Earnest payment

As Arrhalvertrag refers to a particular type of contract, which is to be found primarily in the ancient Near Eastern and Hellenistic legal systems, but also occurs in the Middle Ages. He is to be distinguished from the real and formal contract. The Arrhalvertrag does not come through delivery of the item or formal promise reached, but if a top gift Arrha, was handed over from Latin arra. In the closed using Arrha contracts have been mostly to sales contracts.

Hellenism

In Greek and Hellenistic law of the contract of sale was regularly designed as cash purchase, the buyer paid the purchase price, the seller immediately handed the matter. Order but in cases where this was not possible to make a commitment between the contractor, made ​​do with the Arrha ( altgr. arrabon ). The buyer gave the seller upon completion of the contract, a deposit of money or often a ring. Could or would the buyer does not pay later, the seller took the item purchased not to throw up and was able to keep the Arrha. Not made ​​, the seller, the buyer could demand double the value of Arrha with a particular action.

Roman law

In Roman law the Arrha was known, but had no great significance. Through a formal promise, a contract was in contrast to the Hellenistic law be made actionable.

Middle Ages

On the other hand one finds to the late Middle Ages again the encore when the purchase contract can not be fulfilled immediately. Most of these, however, only given as an icon by the parties immediately given away ( God penny ) or drunk (wine purchase) is. The encore was used in the latter case not more than coercive means, but had a proof function. Namely, if someone's a bonus vertrank together with the contractor, he could not remember the procedure.

Development in modern times

Both in § 908 Civil Code the legal institution is referred to as earnest money as well as in § 336 BGB as a bonus has been accepted. However, it has no practical significance. The function to stop the parties to perform the contract, is now mostly controlled by a penalty.