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BGB 80. 2 A foundation is to be recognised as having legal personality if the endowment transaction satisfies the requirements of section 81 ( 1 ) below , if the long-term and sustained achievement of the object of the foundation appears guaranteed and if the object of the foundation does not endanger the common good .
BGB 443. 2 To the extent that a guarantee of durability has been given , there is a presumption that a material defect which appears during the guarantee period triggers the rights under the guarantee .
BGB 594d. 2 The heirs may contest the notice of termination of the usufructuary lessor and demand continuation of the lease if proper management of the leased property appears to be guaranteed by them or by a co-heir commissioned by them or by a third party . The usufructuary lessor may refuse the continuation of the lease if the heirs have not declared their objection at the latest three months prior to expiry of the lease and informed of the circumstances by reason of which further proper management of the leased property appears ensured . The enquiry and the refusal must occur in writing . If no agreement can be reached then the Agricultural Court [ Landwirtschaftsgericht ] decides on application .
BGB 595. 7 The usufructuary lessee must file the application for a court decision at the Agricultural Court [ Landwirtschaftsgericht ] at the latest nine months prior to termination of the lease and , in the case of a twelve-month notice period or less , two months after receipt of notice of termination . The court may admit the application at a later date if it appears called for to avoid undue hardship and the lease has not yet expired .