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EnglischBGB 2133 If the prior heir takes fruits contrary to the rules of proper management , or if he takes fruits in excess because this has become necessary as a result of a particular event , he is only entitled to the value of the fruits to the extent that the fruits due to him are adversely affected by the improper or excessive taking of fruits , and the value of the fruits is not to be used to restore the thing under the rules of proper management .