Der Zusammenhang von Kontrahierungszwang und Beschränkung der vertraglichen Inhaltsfreiheit am Beispiel von Entgeltregelungen für Basiskonten

This thesis investigates the interaction between the obligation to contract and the limitations to the free bargaining of the conditions of these contracts, in theory as well as in practice, focusing on the new right of consumers to open a basic bank account. It is the aim of the EU Directive and the German “Zahlungskontengesetz (ZKG)” to guarantee consumers’ access to a basic bank account in order to ensure that consumers may participate in non-cash payments.
Yet, the effectivity of the ZKG’s obligation to contract is significantly impaired at the moment, resulting from the fact that the banks may charge an “appropriate” account fee for the opening and the account processing of the basic bank accounts. Hence, the thesis focuses on the problems related to the account fees, especially on the question which account fees are actually “appropriate”. Furthermore, the thesis investigates the general significance of bank accounts in daily life, the legal and political discussion which ultimately led to the enactment of the EU Directive and the German “Zahlungskontengesetz (ZKG)” and the new restrictions for the banks in connection with the dismissal of basic bank accounts.