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BGB 119. 1 A person who , when making a declaration of intent , was mistaken about its contents or had no intention whatsoever of making a declaration with this content , may avoid the declaration if it is to be assumed that he would not have made the declaration with knowledge of the factual position and with a sensible understanding of the case .
BGB 665 The mandatary is entitled to deviate from the instructions of the mandator if he may assume in the circumstances that the mandator would approve of such deviation if he were aware of the factual situation . The mandatary must make notification to the mandator prior to such deviation and must wait for the decision of the latter unless postponement entails danger .
BGB 692 The depositary is entitled to change the agreed type of safekeeping if he may assume in the circumstances that the depositor would approve of the change if he were aware of the factual situation . The depositary must make notification to the depositor prior to such a change and must wait for the decision of the depositor unless postponement entails danger .
BGB 1314. 2 In addition , a marriage may be annulled if a spouse was in a state of unconsciousness or temporary mental disturbance on the occasion of the marriage ; a spouse did not know , on the occasion of the marriage , that a marriage was taking place ; a spouse was induced to enter into the marriage by deceit as to circumstances such as , if he had known the factual position and if he had correctly appreciated the nature of marriage , would have prevented him from entering into the marriage ; this does not apply where the deceit relates to financial circumstances or was exercised by a third party without the knowledge of the other spouse ; a spouse was unlawfully induced to enter into the marriage by duress ; both spouses were in agreement on the occasion of the marriage that they did not intend to create a duty under section 1353 ( 1 ) .