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Kanzlei Kreutzer


Mein Blog


Bausparvertrag mit Bonuszinsen: Kündigung unwirksam – Urteil rechtskräftig

Posted on July 25, 2017 at 4:15 AM

Bausparer müssen nicht jede Kündigung ihres Bausparvertrags akzeptieren. Der BGH hatte zwar entschieden, dass die Bausparkassen die Verträge kündigen dürfen, wenn sie seit mehr als zehn Jahren zuteilungsreif sind und das Darlehen nicht in Anspruch genommen wurde. Schon in diesen Fällen hat der BGH aber auch auf Ausnahmen hingewiesen, etwa wenn dem Bausparer Bonuszinsen versprochen werden, wenn sie das Bauspardarlehen nicht in Anspruch nehmen. Dennoch versuchen Bausparkassen auch solche Verträge zu kündigen. Damit schießen sie allerdings über das Ziel hinaus.
So hatte das Oberlandesgericht Celle bereits die Kündigungen einer Bausparkasse für unwirksam erklärt. Diese Kündigungen basierten auf § 488 Abs. 3 BGB. Die Kündigung sei möglich, weil die Bausparsumme unter Einberechnung der Bonuszinsen erreicht sei, argumentierte die Bausparkasse. Das OLG Celle folgte dieser Argumentation allerdings nicht. Das Kündigungsrecht aus § 488 Abs. 3 BGB sei erst dann erreicht, wenn die Bausparsumme erreicht sei. Dies könne aber nicht durch die Anrechnung von Bonuszinsen erreicht werden. Denn die Fälligkeit der Bonuszinsen knüpfe ausschließlich an das Verhalten des Bausparers an. Die Bausparkasse könne dem Bausparer die Zinsen nicht aufdrängen, damit die Bausparsumme erreicht wird, so das OLG.
Die Bausparkasse legte gegen die Urteile des OLG Celle (Az.: 3 U 86/16 und 3 U 207/15) Revision ein. Zu der Verhandlung vor dem BGH ist es aber nicht gekommen, da die Bausparkasse einen Rückzieher gemacht hat. Die Urteile des OLG Celle sind damit rechtskräftig.

Rechtliche Einschätzung der Kanzlei Kreutzer München: Die Bausparkasse hat einen Rückzieher gemacht. Das ist zwar erfreulich für die betroffenen Bausparer, gleichzeitig ist es bedauerlich, dass dadurch eine höchstrichterliche Rechtsprechung des BGH zur Kündigung von Bausparverträgen mit Bonuszinsen ausbleibt. Dass die geplante BGH-Verhandlung doch noch geplatzt ist, kann aber auch als ein sicheres Zeichen dafür gewertet werden, dass die Bausparkasse sich wohl selbst keine großen Erfolgschancen ausgerechnet hat und lieber ein Grundsatzurteil des BGH vermeiden wollte. Bausparer, die Verträge mit Bonuszinsen oder ähnlichen Formulierungen abgeschlossen und die Kündigung erhalten haben, haben aber gute Chancen gegen die Kündigung vorzugehen.

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