Let’s take the following situation: You go to your bank to apply for a loan . The offers an attractive loan offer and there is a corresponding loan agreement. The loan agreement stipulates that the monthly installment payments for the repayment of the loan should always be withdrawn from the bank account of the borrower by the first of a new month. Everything runs smoothly in the first few months of the joint lending business. As agreed, the bank collects the installments at the beginning of the month and the repayment of the loan taken out runs smoothly. Doc suddenly changes the bank unilaterally the terms of the loan agreement. The concern? The lending bank does not want to move the installment on the 1st of the new month, but on the 26th of the previous month. But is this actually allowed?
Bank calls technical change as a necessity for contract modification
For example, the bank itself mentions necessary technical changes as the basis for the one-sided change in the contract. Now you should think that it is basically no problem, whether the money is first debited from the account as agreed on the 1st of the new month or just on the 26th of the current month. But such a seemingly succinct change can not be seen so easily, as this can clearly result in financial disadvantages for the borrower. For example, if the earlier collection of the credit installment, the bank account of the borrower slips into the downside and thus incurring interest on account. A financial risk, especially if the loan is debited to the account before the next salary is received. Here, therefore, a unilateral contract change takes place at the expense of the borrower.
Credit agreements must be adhered to
In principle, unilateral changes to loan agreements or changes to individual agreements within such contracts are not permitted. Here the principle “Pacta sunt servanda” applies >> Contracts are to be kept. Appropriate confirmation of that rule can be found in the Civil Code (BGB) Paragraph 323 BGB ff. INosfern applies that one has as a borrower a statutory right to compliance with the agreements from a credit agreement out. The unilateral modification of credit agreements by the lending bank is therefore inadmissible.