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=S=> BGB 311a. 1 A contract is not prevented from being effective by the fact that under section 275 ( 1 ) to ( 3 ) the obligor does not need to perform and the obstacle to performance already exists when the contract is entered into .
=S=> BGB 311a. 2 The obligee may , at his option , demand damages in lieu of performance or reimbursement of his expenses in the extent specified in section 284. This does not apply if the obligor was not aware of the obstacle to performance when entering into the contract and is also not responsible for his lack of awareness . Section 281 ( 1 ) sentences 2 and 3 and ( 5 ) apply with the necessary modifications .
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