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| BGB 276. 1 The obligor is responsible for intention and negligence , if a higher or lower degree of liability is neither laid down nor to be inferred from the other subject matter of the obligation , including but not limited to the giving of a guarantee or the assumption of a procurement risk . The provisions of sections 827 and 828 apply with the necessary modifications . |
| BGB 311. 3 An obligation with duties under section 241 ( 2 ) may also come into existence in relation to persons who are not themselves intended to be parties to the contract . Such an obligation comes into existence in particular if the third party , by laying claim to being given a particularly high degree of trust , substantially influences the pre-contract negotiations or the entering into of the contract . |
| BGB 543. 2 A compelling reason is deemed to obtain in cases including without limitation where the lessee is not permitted the use of the leased property in conformity with contract , in whole or in part , in good time , or is deprived of this use , the lessee violates the rights of the lessor to a substantial degree by substantially endangering the leased property by neglecting to exercise the care incumbent upon him or by allowing a third party to use it without authorisation , or the lessee a)is in default , on two successive dates , of payment of the rent or of a portion of the rent that is not insignificant , or b)in a period of time spanning more than two dates is in default of payment of the rent in an amount that is as much as the amount of rent for two months . In the case of sentence 1 no . 3 , termination is excluded if the lessor has by then obtained satisfaction . It becomes ineffective if the lessee has succeeded in discharging his debt by set-off and declares set-off without undue delay after notice of termination is given . |
| BGB 648a. 1 A contractor for a building , outdoor facilities or a part thereof may demand a security from the customer for the remuneration also agreed in additional commissions and not yet paid , including associated incidental claims , which are to be estimated at ten per cent of the remuneration claim to be secured . Sentence 1 also applies to the same degree to claims replacing the remuneration . The claim of the contractor for a security is not ruled out by the customer being able to demand fulfilment or having accepted the work . Claims with which the customer is able to offset against the contractors right to remuneration are disregarded when calculating the remuneration unless they are non-contentious or have been ascertained with the force of law . The security is to be deemed sufficient even if the provider of the security reserves the right to revoke his promise , in case of substantial deterioration of the financial circumstances of the customer , with effect for claims to remuneration for building work that the contractor has not yet performed when the declaration of revocation is received . |
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