Kevin BrühlDie schuldrechtlichen Einwirkungsmöglichkeiten der Kreditinstitute in Darlehensverträgen

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In legal practice, large-volume commercial financing is handled using nationally and internationally recognized standard loan agreements from the Loan Market Association in London and the Association of German Pfandbrief Banks. These contracts are provided by the financial institutions and provide the lender with a wide range of rights to influence the respective borrower. The respective clauses contained in the loan agreements can be summarized in three categories, each of which affects the borrower's freedom of action and decision-making to varying degrees. This depends in particular on the type of borrower, which in the case of commercial loans is usually either a single-purpose vehicle or an operating company. Against this background, this paper examines the current legal situation and the opinions of the literature with regard to the general permissibility of influential rights in favor of lenders. It examines which laws apply and how these have been interpreted by the courts and legal scholars to date. These findings can then be used as an approximation for an interpretation of the model contract clauses contained in the current standard loan agreements. This is done by incorporating the economic analysis of the law. The use of this economic interpretation method promises the best results, particularly in the area of large commercial loans. On the basis of the results found, well-founded suggestions for improvement are made in relation to the specific standard loan agreements and concrete formulation proposals for the most economically efficient influential clauses are drawn up.

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