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| Deutsch | failure | Grundwort | fehlt |
| Fachbebiet | fehlt |
Trennung: | fai|lure |
| Inhalt | fehlt |
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| Worttyp | fehlt |
| BGB 212. 1 The limitation period recommences if the obligor acknowledges the claim towards the obligee by part payment , the payment of interest , the provision of security or in another way , or a judicial or official act of execution is undertaken or applied for . BGB 212. 2 The recommencement of the limitation period as a result of an act of execution is considered not to have occurred if the act of execution is cancelled on the application of the obligee or as the result of a failure to comply with the statutory requirements . BGB 212. 3 The recommencement of the limitation period as a result of an application for an act of execution is considered not to have occurred if the application is not granted or is withdrawn before the act or the act of execution obtained is cancelled under subsection ( 2 ) above . |
| BGB 218. 1 Withdrawal for non-performance or for the failure to perform in conformity with the contract is ineffective if the claim for performance or the claim for cure is now statute-barred and the obligor invokes this . This applies even if , in accordance with section 275 ( 1 ) to ( 3 ) , section 439 ( 3 ) or section 635 ( 3 ) , the obligor is not required to perform and the claim for performance or cure would be statute-barred . Section 216 ( 2 ) , sentence 2 , remains unaffected . |
| Section 281 Damages in lieu of performance for nonperformance or failure to render performance as owed |
| BGB 344 If the law declares that the promise of an act of performance is ineffective , then the agreement of a penalty made for the event of failure to fulfil the promise is likewise ineffective , even if the parties knew of the ineffectiveness of the promise . |
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