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=S=> BGB 311. 1 In order to create an obligation by legal transaction and to alter the contents of an obligation , a contract between the parties is necessary , unless otherwise provided by statute .
=S=> BGB 311. 2 An obligation with duties under section 241 ( 2 ) also comes into existence by the commencement of contract negotiations the initiation of a contract where one party , with regard to a potential contractual relationship , gives the other party the possibility of affecting his rights , legal interests and other interests , or entrusts these to him , or similar business contacts .
=S=> BGB 311. 3 An obligation with duties under section 241 ( 2 ) may also come into existence in relation to persons who are not themselves intended to be parties to the contract . Such an obligation comes into existence in particular if the third party , by laying claim to being given a particularly high degree of trust , substantially influences the pre-contract negotiations or the entering into of the contract .
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