319
=S=> BGB 346. 1 If one party to a contract has contractually reserved the right to withdraw or if he has a statutory right of withdrawal , then , in the case of withdrawal , performance received and emoluments taken are to be returned .
=S=> BGB 346. 2 In lieu of restitution or return , the obligor must provide compensation for value , to the extent that restitution or return is excluded by the nature of what has been obtained , he has used up , disposed of , encumbered , processed or redesigned the object received , the object received has deteriorated or has been destroyed ; but deterioration that is caused by the object being used in accordance with its intended use is not taken into account . If consideration is specified in the contract , then this is to be used as a basis when the compensation for value is calculated ; if compensation for value for the benefit of use of a loan is to be paid , it can be shown that the value of the benefit of use was lower .
=S=> BGB 346. 3 The duty to compensate for value does not apply if the defect justifying withdrawal only became apparent during processing or transformation of the object , to the extent that the obligee is responsible for the deterioration or destruction or that the damage would also have occurred if the object had remained with the obligee , if in case of statutory withdrawal the deterioration or destruction occurred with the person entitled , although the latter showed the care that he customarily exercises in his own affairs . Any remaining enrichment must be returned .
=S=> BGB 346. 4 The obligee may demand damages , in accordance with sections 280 to 283 , for breach of a duty under subsection ( 1 ) above .
|
