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BGB 418. 1 As a result of the assumption of debt , the suretyships and security rights created for the claim are extinguished . If there is a mortgage or a ship mortgage for the claim the same thing occurs as if the obligee waives the mortgage or the ship mortgage . These provisions do not apply if the surety or the party that owns the mortgaged object at the time of the assumption of debt gives his consent .
BGB 1097 The right of preemption is restricted to the case of sale by an owner who owns the plot of land at the time of the creation , or by his heir ; however , it may also be created for more than one or for all cases of sale .