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| BGB 309. D of continuing obligations ) in a contractual relationship the subject matter of which is the regular supply of goods or the regular rendering of services or work performance by the user , a)a duration of the contract binding the other party to the contract for more than two years , b)a tacit extension of the contractual relationship by more than one year in each case that is binding on the other party to the contract , or c)a notice period longer than three months prior to the expiry of the duration of the contract as originally agreed or tacitly extended at the expense of the other party to the contract ; this does not apply to contracts relating to the supply of things sold as belonging together , to insurance contracts or to contracts between the holders of copyright rights and claims and copyright collecting societies within the meaning of the Act on the Administration of Copyright and Neighbouring Rights [ Gesetz über die Wahrnehmung von Urheberrechten und verwandten Schutzrechten ] ; |
| BGB 309. L of an agent with power to enter into a contract ) a provision by which the user imposes on an agent who enters into a contract for the other party to the contract a)a liability or duty of responsibility for the principal on the part of the agent himself , without any explicit and separate declaration to this effect , or b)in the case of agency without authority , liability going beyond section 179 ; |
| BGB 438. 1 The claims cited in section 437 nos . 1 and 3 become statute-barred in thirty years , if the defect consists a)a real right of a third party on the basis of which return of the purchased thing may be demanded , or b)some other right registered in the Land Register , in five years a)in relation to a building , and b)in relation to a thing that has been used for a building in accordance with the normal way it is used and has resulted in the defectiveness of the building , and otherwise in two years . |
| BGB 1772. 1 The family court may , when pronouncing the adoption of a person of full age , on the application of the adoptive parent and of the person to be adopted , rule that the effects of the adoption are based on the provisions on the adoption of a minor or of a related minor ( sections 1754 to 1756 ) if a)a minor who is the brother or the sister of the person to be adopted has been adopted by the adoptive parent or is adopted at the same time or b)the person to be adopted was taken into the family of the adoptive parent when he was a minor or c)the adoptive parent adopts the child of his spouse or d)the person to be adopted is not yet of full age at the time at which the application for adoption is filed with the family court . Such a provision may not be made if overriding interests of the parents of the person to be adopted are inconsistent with it . |
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