A value safeguard is a contractual agreement, by which sum of money debts are to be made of stable value, in order to extract it from the monetary depreciation (inflation).

The money creditor is to always receive the amount, which corresponds related to value to the agreed upon sum of money at the moment the contract conclusion (purchasing power reconciliation).

Genehmigungsplichtige and permission-free value safeguards developed with long-term continuous obligations (rent, lease, energy supply, Contracting etc.) in the course of business, in order to adjust the monetary depreciation between contract conclusion and points of term of payment.

The reverse case, the increase of the monetary value, according to which the sum of money debtor only as much to pay has, as this corresponded related to value to the debt at the time the contract conclusion, is in the contracts usually planned, has however in practice, deflation arises more rarely, hardly a role played.

Tying at base factors

The planned value safety device is by tying to different base factors how

• Gold price (so-called gold clause)

• Rate of exchange of a foreign currency (so-called currency clause)

• Life stop us cost indices of the statistic federal office

• Construction cost index

• Fuel oil price

are reached.

Overall economic problem

Overallally economic regarded, the danger that the monetary depreciation is accelerated by value safeguards, exists there certain price increases by value safeguards to price increases in the contractual relations secured by value safeguards automatically leads. That is above all the case if identical value safeguards refer to a large number of contractual relations.

Legal regulations

Ausvorgenannten reasons are forbidden to value safeguards in contracts after the Grundatz, may be individual case-approved however in. Permission was incumbent on the Federal Bank with its attached national central banks, since 1 January 1999 is responsible the Federal Office for economics and export control (BAFA) in Eschborn.

Legal bases

Conditions for permission

Permission-free value safeguards other permission-free right agreements

Escalator clauses

Permission-protect sliding-price clauses

Tension clauses

Legal situation in Austria

Legal situation in Switzerland

Literature

• Ulrich Bemmann/Sylvia harmful, Contracting manual 2003, Munich, Neuwied, Cologne 2003, ISBN 3-87156-555-5

See also:

• Federal Office for economics and export control
• Federal Statistical Office
• Energy supply
• Contracting
• Preigleitklauseln

Related links

• Regulation on the marking of prices (PAngV) as pdf.
• Excerpt from quotations and price clause law as pdf
• BAFA instruction card price safeguards pdf.
• Statistic office for federation consumer price index

Articles in category "Value safeguard"

We found here 1 articles.