The Hand Loan Agreement (Darlehensvertrag) is commonly used in Germany when individuals or small entities wish to formalize a lending arrangement outside of traditional banking channels. This document is essential for protecting both lender and borrower interests by clearly documenting the loan terms, conditions, and obligations of all parties involved. The agreement must comply with German Civil Code requirements, particularly regarding interest rates, repayment terms, and default provisions. It's typically used for personal loans between family members, friends, or small business associates, and can cover both interest-bearing and interest-free loans. The document should be drafted with careful attention to German usury laws and civil code requirements to ensure enforceability.
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1. Parties: Identification and details of the lender and borrower, including full names, addresses, and any relevant identification numbers
2. Background: Brief context of the loan arrangement and the relationship between the parties
3. Definitions: Key terms used in the agreement, particularly important for defining 'Loan Amount', 'Interest Rate' (if applicable), and 'Repayment Date'
4. Loan Amount and Disbursement: Specification of the loan amount, currency, and method of disbursement
5. Interest: Interest rate (if applicable), calculation method, and payment frequency
6. Repayment Terms: Repayment schedule, method of payment, and due dates
7. Representations and Warranties: Basic declarations by the borrower regarding their capacity to enter into the agreement and ability to repay
8. Events of Default: Circumstances constituting default and consequences thereof
9. Notices: How and where formal communications between parties should be made
10. Governing Law: Confirmation that the agreement is governed by German law
1. Security: Details of any collateral or security provided for the loan, used when the loan is secured
2. Early Repayment: Terms and conditions for early repayment of the loan, including any penalties or benefits
3. Late Payment Interest: Specific provisions for interest charged on late payments, if different from standard default interest under German law
4. Purpose of Loan: Specific purpose for which the loan is being granted, if the use of funds is to be restricted
5. Assignment and Transfer: Whether and how the rights under the agreement can be assigned or transferred
6. Costs and Expenses: Allocation of any costs related to the preparation and execution of the agreement
7. Force Majeure: Provisions for unforeseen circumstances affecting loan repayment
8. Guarantor: Details and obligations of any guarantor, if applicable
1. Repayment Schedule: Detailed schedule of repayment installments, dates, and amounts
2. Security Details: Detailed description of any security or collateral provided, including registration numbers or identifying features
3. Payment Instructions: Bank account details and payment methods for loan disbursement and repayment
4. Proof of Identity: Copies of identification documents of the parties (particularly important for private loans)
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