| Fachwort |
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| Deutsch | giver | Grundwort | fehlt |
| Fachbebiet | fehlt |
Trennung: | giver |
| Inhalt | fehlt |
Status: | |
| Worttyp | fehlt |
| BGB 337. 1 The earnest is , in case of doubt , to be credited against the performance owed by the giver of the earnest , or , where this cannot occur , is to be returned when the contract is performed . |
| Section 338 Earnest in case of impossibility of performance for which giver of earnest is responsible |
| BGB 338 If the performance owed by the giver of the earnest becomes impossible due to a circumstance for which he is responsible , or if the giver of the earnest is responsible for the cancellation of the contract entered into , the receiver of the earnest may retain it . If the receiver demands damages for non-performance , the earnest must , in case of doubt , be credited against it , or if this cannot occur , must be returned when damages are paid . |
| BGB 2385. 2 In the case of a donation , the giver is not obliged to compensate for any objects of the estate that were consumed or alienated gratuitously before the donation was made , nor for any charge upon such objects created gratuitously before the donation . The obligation specified in section 2376 concerning the warranty for legal defects does not affect the giver ; if the giver has fraudulently concealed a defect , he is obliged to compensate the receiver of the gift for the damage arising from it . |
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