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BGB 311a. 2 The obligee may , at his option , demand damages in lieu of performance or reimbursement of his expenses in the extent specified in section 284. This does not apply if the obligor was not aware of the obstacle to performance when entering into the contract and is also not responsible for his lack of awareness . Section 281 ( 1 ) sentences 2 and 3 and ( 5 ) apply with the necessary modifications .
BGB 577. 4 If the lessee dies , then the purchase option passes to the persons who succeed to the lease under section 563 ( 1 ) or ( 2 ) .
BGB 632a. 1 The contractor may demand a part payment from the customer for work carried out in accordance with the contract in the amount in which the customer has received an increased value by virtue of the work . The part payment may not be refused because of minor defects . Section 641 ( 3 ) applies with the necessary modifications . The work must be documented by a list which must facilitate a rapid , secure evaluation of the work . Sentences 1 to 4 also apply to required materials or building components that are supplied or specially prepared and made available if ownership of the materials or building components is transferred to the customer or an appropriate security is provided for this , at his option .
BGB 635. 1 If the customer demands cure , then the contractor may , at his option , remedy the defect or produce a new work .