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BGB 343. 2 The same also applies , except in the cases of sections 339 and 342 , if someone promises a penalty in the event that he undertakes or omits an action .
BGB 516. 1 A disposition by means of which someone enriches another person from his own assets is a donation if both parties are in agreement that the disposition occurs gratuitously .
BGB 517 It is not a donation if someone , to the advantage of another person , fails to acquire assets or waives a right that has become available but not yet been definitively acquired , or declines an inheritance or a legacy .
BGB 663 A person who is officially appointed to perform certain transactions or who has publicly offered to do so is obliged , when he does not accept a mandate to perform such transaction , to notify the mandator of the refusal without undue delay . The same applies if someone has offered to perform certain transactions in regard to the mandator .