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BGB 383. 2 If reasonable success is not expected from an auction at the place of performance , the thing is to be auctioned at another suitable place .
BGB 771 The surety may refuse to satisfy the creditor as long as the creditor has not attempted without success to obtain execution of judgment against the principal debtor ( defence of unexhausted remedies ) . If the surety raises the defence of unexhausted remedies , the limitation of the claim of the creditor against the surety is suspended until the creditor has attempted without success to obtain execution of judgment against the principal debtor .
BGB 1236 The auction is to be held at the place at which the pledged item is kept . If an auction at the place of safekeeping is not expected to result in reasonable success , the pledged item is to be auctioned at another suitable place .
BGB 2196. 2 The same applies if the person charged has been ordered by a final and absolute judgment to fulfil a testamentary burden which cannot be executed by a third person and the admissible enforcement measures have been applied to him without success .