Verena Klappstein currently works at the Institute for German and European Private Law, Civil Procedure Law and Legal Theory, professorship of Prof. Dr. Thomas Riehm, Universität Passau in Germany. Her main research interests are in Civil Law, Company Law and Legal Fundaments.
Executive Summary :
The debate about limiting the autonomy of the banks was rekindled by a decision of the Federal Court of Justice (BGH)1 in January 2013. Whether and how German co-operative banks are subject to an obligation to contract concerning private customers, is the subject of the following article. There are two relevant parameters: a subjective and an objective one. The former concerns the nature of the membership. It will be shown that the co-membership can be an advantage for private clients with regard to the obligation to contract. The latter is the object of the agreement and the related interests of private clients to conclude a contract. The payment services framework contract (Zahlungsdiensterahmenvertrag), the bank giro account contract (Girovertrag) and the contract of loan (Darlehensvertrag) will be exemplarily studied as possible objects for an obligation to contract.