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BGB 243. 1 A person who owes a thing defined only by class must supply a thing of average kind and quality .
BGB 300. 2 If a thing designated only by class is owed , the risk passes to the obligee at the time when he is in default by not accepting the thing offered .
BGB 524. 2 If the donor promised to provide a thing designated only by class that he had to acquire first , the donee may , if the thing provided is defective and the donor was aware of the defect when the thing was acquired or remained unaware of it due to gross negligence , demand that in place of the defective thing a thing free of defects is supplied . If the donor fraudulently concealed the defect , the donee may demand damages for non-performance in place of supply of a thing free of defects . The provisions applicable to a warranty for defects in a thing sold apply to these claims with the necessary modifications .
BGB 2071 If the testator has made provision , without more precise identification , for a class of persons or for persons who have an employment or business relationship with him , then in case of doubt it is to be assumed that provision is made for those who at the time of the devolution of the inheritance belong to the class stated or are in the stated relationship .