Die revisionsgerichtliche Prüfung des Verwirkungstatbestandes am Beispiel des Widerrufsrechts beim Verbraucherdarlehensvertrag

'The Standard of Review Applied by the German Federal Court of Justice (Bundesgerichtshof) to the Time-Barring of a Right Due to Abuse of Rights, Exemplified by the Right of Withdrawal from a Consumer Credit Agreement. Also a Contribution to the Legal Doctrine of the Differentiability of Questions of Law from Questions of Fact': This work analyses the case-law of the German Federal Court of Justice regarding the time-barring of a right of withdrawal from a consumer credit agreement. The standard of review is shown to be too deferential as it falsely assumes that the time-barring of such a right concerns a question of fact. The work further demonstrates that questions of law and questions of fact are always distinguishable; the time-barring of a right of withdrawal in a given set of circumstances being a question of law.