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BGB 366. 1 If the obligor owes performance of the same kind to the obligee under more than one obligation , and if what he pays does not suffice to redeem all debts , that debt is redeemed that he determines when he performs .
BGB 366. 2 If the obligor does not make a determination , then the first debt redeemed is the debt due for redemption ; among more than one due debt , the one offering the obligee the least security ; among more than one equally secure debts , the more onerous one ; among more than one equally onerous debts , the oldest debt ; and where all are equally old , each debt proportionally .
Section 733 Discharge of partnership debts ; reimbursement of capital contributions
BGB 733. 1 From the assets of the partnership , the first debts to be discharged are the joint debts , including those divided among the partners in relation to the creditors or for which the remaining partners are liable as debtors to one partner . If a debt is not yet due for repayment or is contested , then the amount required for discharge must be retained .