Consideration

The term remuneration ( n; plural " Fees" ) refers to the agreed in a contract in return. A pecuniary interest is thus in particular a mutual agreement that focused on performance and reward in a reciprocal relationship ( Synallagma ). The binding may also be produced in other ways, such as by agreement of a condition. The term of remuneration is thus wider than that of reciprocity.

Free of charge, the contract is, however, if no return has been agreed.

Colloquially is meant by fee often to pay, so those remuneration, which was agreed for a work performance. Colloquially, but also in price lists and terms and conditions ( GTC), the term fee is erroneously used for charges that are levied for private sector services (example: " Bank Fees"). See also: nominal fee, fee.

Payment and money

Services are a consideration " rewarded " or " remunerated ", but this has nothing to do with a money payment, which is why the frequently encountered case Entgeld is wrong. Conversely, free not free.

Frequently, however, the fee is actually a sum of money. But the exchange (about stamp to stamp ) is a valuable consideration: Each object of exchange will be given to the other will. The guarantee on the other hand, typically money has to be paid upon, knows nothing in return, so it is also free of charge as the gift itself a monetary amount.

Performance and reward

Demand for payment (which is mentioned eg in Germany in § 286 paragraph 3 sentence 1 and § 288 paragraph 2 BGB ) is therefore not synonymous with "money demand ", it may in a particular case be such. It is, rather, a demand that was promised in return for a performance. Thus, for example falls, the repayment claim of the lender, even though it is a claim that is not under the increased interest on arrears of § 288 paragraph 2 BGB: The return is not payment for the dedication of the loan. Likewise, divorce claims for damages, penalties and enrichment claims from

With newer, particularly under European law influenced legislation, the terminology is not strictly adhered to; so should be " consideration " within the meaning of § 312 BGB as well as the (one-sided mandatory ) guarantee.

Depending on the type of contract ( which according to the type of performance determined ), one speaks example of remuneration ( from employment ); instead of " work pay" one speaks against it rather " work pay ", rather than " rental charge " of " rent " or since the law of obligations modernization of "rent".

Which of the two promise you as a power which called consideration, is interchangeable in some way. Basically, it is called an output, which the treaty is its typical character: as the supply of services in the service contract, the production of a work in the work contract, etc. Nevertheless, the consideration to be a power in the sense of the legal regulations.

Consideration within the sales tax law

In the sales tax law is referred to as the charge capacity of the beneficiary without sales tax received by the entrepreneur performing within the scope of the power exchange. Thus ( § See, for example for Germany § 10 Section 1 Sentence 2 UStG, 1 para 1 sentence 1 No. 1 UStG) the sales tax charge is not to be equated with the concepts of price and private law fee.

Free legal transactions

By definition, free legal transactions in German law, for example, the order (as opposed to pecuniary 's contract), borrowing (otherwise we speak of rent), the gift (otherwise purchase) and the guarantee. The correct terminology is colloquially certainly not respected.

Even the brokerage contract is not, in the strict sense: the broker is not obliged under the (usually contractually abbedungenen ) the legal principles of the Civil Code to act, the services are therefore at no point in the reciprocal relationship.

The BGB distrusts the free legal transactions. As one who promises a performance that will get nothing in return, he must be protected against hasty conclusion of the contract (see the form of provision of § 518 BGB for the donation). On the other hand, who has received a service free of charge, less worthy of protection (see § 528 BGB, § 816 paragraph 1 sentence 2 BGB, § 822 BGB).